[Federal Register Volume 59, Number 129 (Thursday, July 7, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-16460]


[[Page Unknown]]

[Federal Register: July 7, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
[OPP-64023; FRL-4897-9]

 

Tributyltin Fluoride (TBTF); Receipt of Request to Cancel

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of Receipt of Request to Cancel Registrations.

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SUMMARY: This Notice, issued pursuant to section 6(f)(1) of the Federal 
Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7 U.S.C. 136 et 
seq., announces EPA's receipt of a request from ELF ATOCHEM North 
America, Inc. (``Atochem'') to voluntarily cancel its registrations for 
products containing Tributyltin Fluoride (TBTF). Following a 30-day 
comment period, EPA intends to cancel these registrations. Further, 
this notice announces the Agency's proposal regarding sale, 
distribution and use of existing stocks of these products.
DATES: The Agency expects to publish a cancellation order in the 
Federal Register on or after August 8, 1994.

ADDRESSES: Public Response and Program Resources Branch, Field 
Operations Division (7506C), Office of Pesticide Programs, 
Environmental Protection Agency, 401 M St., SW., Washington, DC 20460. 
In person, bring comments to: Room 1132, Crystal Mall Building #2, 1921 
Jefferson Davis Highway., Arlington, VA 22202, between the hours of 
8:30 a.m. and 4:30 p.m., Monday through Friday.

FOR FURTHER INFORMATION CONTACT: Ann Sibold, Review Manager, Special 
Review and Reregistration Division (7508W), Environmental Protection 
Agency, 401 M St., S.W., Washington, DC 20460. Office location and 
telephone number: 3rd floor, 2800 Crystal Drive, Arlington, VA. 22202 
(703) 308-8033.
SUPPLEMENTARY INFORMATION: This notice announces the receipt of a 
request for cancellation of Atochem's registrations for TBTF products 
and the Agency's intent to accept these cancellations. In addition, 
this notice sets forth the Agency's proposal regarding sale, 
distribution and use of existing stocks of products bearing the 
affected registration numbers.

I. Background

    TBTF compounds are registered for use in paint formulations as an 
antifoulant treatment for hulls, outboard motors, and lower drive units 
of certain types of marine vessels. They are used to inhibit the growth 
of fouling organisms such as barnacles and algae. Atochem manufactures 
the technical product, an intermediate formulation, and one end-use 
product. In October, 1991, under sections 4 and 3(c)2(B) of the Federal 
Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended, a Data 
Call-in (DCI) for the data necessary for the reregistration of TBTF was 
issued to certain registrants of products containing TBTF, including 
Atochem. Two bridging studies (studies used to justify the use of data 
developed on one pesticide for another pesticide) and the associated 
progress reports required by this DCI are now overdue, and Atochem's 
registrations of TBTF are subject to suspension.

II. Receipt of Request and Notice of Intent to Cancel

    Section 6(f) of FIFRA provides that a pesticide registrant may, at 
any time, request that any of its pesticide registrations be cancelled. 
FIFRA further provides that EPA must publish a notice of receipt of any 
such request in the Federal Register before acting on the request and 
provide for a 30-day comment period.
    In a letter dated April 21, 1994, Atochem requested voluntary 
cancellation of its TBTF registrations, EPA registration numbers 5204-
19, 5204-61, and 5204-64. EPA proposes to accept these voluntary 
cancellations, and intends to issue a cancellation order for these 
product registrations immediately after the close of the comment 
period.
    If, during the 30-day comment period, Atochem chooses to withdraw 
its request for cancellation, it must submit a request for withdrawal 
in writing to the address listed above prior to (insert date 30 days 
after date of publication in the Federal Register). Should Atochem 
withdraw its request for cancellation, its affected registrations of 
TBTF will remain subject to suspension until overdue data requirements 
are satisfied. The Agency will issue a Notice of Intent to Suspend 
these registrations as soon as possible after any such withdrawal.

III. Existing Stocks Determination

    In its letter of April 21, 1994, Atochem also requested that EPA 
allow Atochem a 1-year timeframe to continue the distribution and sale 
of existing stocks.
    The Agency's established policy for determinations concerning 
existing stocks was published in the Federal Register on June 26, 1991 
(56 FR 29362). In that Notice, EPA said that it would permit a 
registrant to sell and distribute existing stocks for 1 year after the 
earliest date that the registrant failed to meet an obligation of 
registration. In addition, persons other than the registrant would 
generally be permitted to sell, distribute, or use existing stocks of 
the cancelled product until supplies are exhausted.
    EPA has determined that Atochem has failed to meet an obligation of 
reregistration of its TBTF products by its failure to meet certain data 
requirements of the DCI of October, 1991, as follows:

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             Guideline                          Overdue Items           
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82-1(a) -- 90-day rodent feeding     Progress Report due January, 1993. 
 study (bridging study).             Final Report due September, 1993   
                                                                        
85-2 -- dermal penetration study     Progress Report due January, 1993. 
 (bridging study).                   Final Report due September, 1993.  
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    EPA has considered the registrant's request for sale and 
distribution of existing stocks for 1 year. In accordance with EPA's 
policy on existing stocks, EPA has determined that the 1 year for 
existing stocks sale, distribution, and use by Atochem or its agents 
began January 8, 1993, the earliest date that the registrant failed to 
meet an obligation of reregistration, and expired January 8, 1994. 
Therefore, Atochem will not be permitted to sell, distribute, or use 
existing stocks as of the effective date of cancellation. Furthermore, 
it is Atochem's responsibility as the basic registrant to notifiy any 
and all supplemental registrants of its product(s) that this Agency 
action also applies to their supplementally registered products. 
Registrants may be held liable for violations committed by their 
supplemental registrants. Other dealers and distributors will be 
permitted to sell and distribute existing stocks of affected Atochem 
products until stocks are exhausted. End users may use existing stocks 
until stocks are exhausted.

    Dated: June 29, 1994.

Daniel M. Barolo,
Director, Office of Pesticide Programs.

[FR Doc. 94-16460 Filed 7-6-94; 8:45 am]
BILLING CODE 6560-50-F