[Federal Register Volume 68, Number 10 (Wednesday, January 15, 2003)]
[Notices]
[Pages 2025-2026]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-613]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-2002-0246; FRL-7284-4]


Bis(Tributyltin) Oxide and Tributyltin Methacrylate; Notice of 
Receipt of Requests to Voluntarily Cancel Certain Pesticide 
Registrations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: In accordance with section 6(f)(1) of the Federal Insecticide, 
Fungicide, and Rodenticide Act (FIFRA), as amended, EPA is issuing a 
notice of receipt of request by International Paint Inc. and Hempel 
Coatings (USA), Inc. to voluntarily cancel registrations of three 
antifouling paint products containing tributyltin compounds. Section 
6(f)(1) of FIFRA provides that a registrant of a pesticide product may 
at any time request that any of its pesticide registrations be canceled 
or amended to terminate one or more uses. FIFRA further provides that, 
before acting on the request, EPA must publish a notice of receipt of 
any request in the Federal Register and provide for a 30-day comment 
period.

DATES:  Comments must be received on or before February 14, 2003.

FOR FURTHER INFORMATION CONTACT:  By mail: Jill Bloom, Special Review 
and Reregistration Division (7508C), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., 
Washington, DC 20460. Office location for commercial courier delivery, 
telephone number, and e-mail address: Room 604W53, Crystal Mall 
2, 1921 Jefferson Davis Highway, Arlington, VA 22202, (703) 
308-8019; e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

     This action is directed to the public in general. Although, this 
action may be of particular interest to persons who produce or use 
pesticides, the Agency has not attempted to describe all the specific 
entities that may be affected by this action. If you have any questions 
regarding the information in this notice, consult the person listed 
under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Copies of this Document and Other Related Information?

    1. Docket. EPA has established an official public docket for this 
action under docket ID number OPP-2002-0246. The official public docket 
consists of the documents specifically referenced in this action, any 
public comments received, and other information related to this action. 
Although, a part of the official docket, the public docket does not 
include Confidential Business Information (CBI) or other information 
whose disclosure is restricted by statute. The official public docket 
is the collection of materials that is available for public viewing at 
the Public Information and Records Integrity Branch (PIRIB), Rm. 119, 
Crystal Mall 2, 1921 Jefferson Davis Hwy., Arlington, VA. This 
docket facility is open from 8:30 a.m. to 4 p.m., Monday through 
Friday, excluding legal holidays. The docket telephone number is (703) 
305-5805.
    2. Electronic access. You may access this Federal Register document 
electronically through the EPA Internet under the ``Federal Register'' 
listings at http://www.epa.gov/fedrgstr/.
     An electronic version of the public docket is available through 
EPA's electronic public docket and comment system, EPA Dockets. You may 
use EPA Dockets at http://www.epa.gov/edocket/ to submit or view public 
comments, access the index listing of the contents of the official 
public docket, and to access those documents in the public docket that 
are available electronically. Although, not all docket materials may be 
available electronically, you may still access any of the publicly 
available docket materials through the docket facility identified in 
Unit I.B.1. Once in the system, select ``search,'' then key in the 
appropriate docket ID number.

C. How and to Whom Do I Submit Comments?

     You may submit comments through the mail, in person, or 
electronically. To ensure proper receipt by EPA, it is imperative that 
you identify docket ID number OPP-2002-0246 in the subject line on the 
first page of your response.
    1. By mail. Submit your comments to: Public Information and Records 
Integrity Branch (PIRIB), Information Resources and Services Division 
(7502C), Office of Pesticide Programs (OPP), Environmental Protection 
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
    2. In person or by courier. Deliver your comments to: Public 
Information and Records Integrity Branch (PIRIB), Information Resources 
and Services Division (7502C), Office of Pesticide Programs (OPP), 
Environmental Protection Agency, Rm. 119, Crystal Mall 2, 1921 
Jefferson Davis Hwy., Arlington, VA. The PIRIB is open from 8:30 a.m. 
to 4 p.m., Monday through Friday, excluding legal holidays. The PIRIB 
telephone number is (703) 305-5805.
    3. Electronically. You may submit your comments electronically by 
e-mail to: [email protected], or you can submit a computer disk as 
described above. Do not submit any information electronically that you 
consider to be CBI. Avoid the use of special characters and any form of 
encryption. Electronic submissions will be accepted in WordPerfect 6.1/
8.0 or ASCII file format. All comments in electronic form must be 
identified by docket ID number OPP-2002-0246. Electronic comments also 
may be filed online at many Federal Depository Libraries.

D. How Should I Handle CBI that I Want to Submit to the Agency?

     Do not submit any information electronically that you consider to 
be CBI. You may claim information that you submit to EPA in response to 
this document as CBI by marking any part or all of that information as 
CBI. Information so marked will not be disclosed except in accordance 
with procedures set forth in 40 CFR part 2. In addition to one complete 
version of the comment that includes any information claimed as CBI, a 
copy that does not contain the information claimed as CBI must be 
submitted for inclusion in the public version of the official record. 
Information not marked confidential will be included in the public 
version of the official record without prior notice. If you have any 
questions about CBI or the procedures for claiming CBI, please consult 
the person listed under FOR FURTHER INFORMATION CONTACT.

II. What Action is the Agency Taking?

     This notice announces receipt by the Agency of applications from 
registrants to cancel certain pesticide products registered under 
section 3 of FIFRA. International Paint Inc. has voluntarily requested 
that EPA cancel two of its product registrations containing tributyltin 
compounds. Hempel Coatings (USA), Inc. has voluntarily

[[Page 2026]]

requested that EPA cancel its sole product registration containing 
tributyltin compounds. These registrations are listed in Table 1 of 
this unit:

                          Table 1.-Registrations with Pending Requests for Cancellation
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             Company Name                Registration number          Product Name          Active Ingredients
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International Paint Inc.               67543-8                  XL-48                    Tributyltin
                                                                                          methacrylate
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International Paint Inc.               2693-123                 Interswift BKA007 Red    Bis(tributyltin)oxide
                                                                                          tributyltin
                                                                                          methacrylate
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Hempel Coatings (USA),                 10250-53                 Hempel's Antifouling     Bis(tributyltin)oxide
                                                                 Combic 76990-51110 Red   tributyltin
                                                                                          methacrylate
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     International Paint Inc. requested these actions in letters dated 
May 17, 2002 and June 3, 2002 for its products with EPA registration 
numbers 67543-8 and 2693-123, respectively. On June 19, 2002, 
International Paint Inc. requested that it be allowed to continue to 
sell and distribute existing stocks of these products until December 1, 
2002. On July 26, 2002, International Paint Inc. waived the 180-day 
period that typically has been allowed before certain requests for 
voluntary cancellation are approved or denied.
     Hempel Coatings (USA), Inc. requested the voluntary cancellation 
of its product with EPA registration number 10250-53 in a letter dated 
July 8, 2002. In that same letter, the registrant requested that it be 
allowed to continue to sell and distribute existing stocks of the 
subject product until December 31, 2002, and waived the 180-day period 
that typically has been allowed before certain requests for voluntary 
cancellation are approved or denied.
    Table 2 of this unit includes the names and addresses of record for 
all registrants of the products in Table 1 of this unit, in ascending 
sequence by EPA company number:

         Table 2.-Registrants Requesting Voluntary Cancellation
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              EPA Company No.                 Company Name and Address
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2693......................................  International Paint Inc.
                                            2270 Morris Avenue
                                            Union, NJ 07083
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10250                                       Hempel Coatings (USA). Inc.
                                            600 Conroe Park North
                                            Conroe, TX 77303-5056
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67543                                       International Paint Inc.
                                            2270 Morris Avenue
                                            Union, NJ 07083
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III. What is the Agency's Authority for Taking this Action?

     Section 6(f)(1) of FIFRA provides that a registrant of a pesticide 
product may at any time request that any of its pesticide registrations 
be canceled. FIFRA further provides that, before acting on the request, 
EPA must publish a notice of receipt of any such request in the Federal 
Register and provide a 30-day period for comments on the notice. 
Thereafter, the Administrator may act on such a request.

IV. Procedures for Withdrawal of Request

    Both International Paint Inc. and Hempel Coatings (USA), Inc. have 
waived any right to withdraw their requests for voluntary cancellation 
of the products listed in Table 1 in Unit II.

V. Provisions for Disposition of Existing Stocks

    The effective date of cancellation will be the date of the 
cancellation order. For purposes of the cancellation order that the 
Agency intends to issue at the close of the comment period for this 
announcement, the term ``existing stocks'' will be defined, pursuant to 
the Agency's statement of policy as prescribed in the Federal Register 
of June 26, 1991 (56 FR 29362) (FRL-3846-4). Exceptions to this general 
rule will be made if a product poses a risk concern, or is in 
noncompliance with reregistration requirements, or is subject to a data 
call-in. In all cases, product-specific disposition dates will be given 
in the cancellation orders.
     Existing stocks are those stocks of registered pesticide products 
which are currently in the United States and which have been packaged, 
labeled, and released for shipment prior to the effective date of the 
cancellation action. Unless, the provisions of an earlier order apply, 
existing stocks already in the hands of dealers or users can be 
distributed, sold, or used legally until they are exhausted, provided 
that such further sale and use comply with the EPA-approved label and 
labeling of the affected product. Any sale, distribution, or use of 
existing stocks after the effective date of the cancellation order that 
is not consistent with the terms of the cancellation order will be 
considered a violation of section 12(a)(2)(K) and/or 12(a)(1)(A) of 
FIFRA, unless it is for purposes of shipping such stocks for 
relabeling, repackaging, export consistent with the requirements of 
section 17 of FIFRA, or disposal.
     In the cancellation orders issued in response to the requests for 
voluntary cancellation cited in this notice, the Agency proposes to 
include the following provisions for treatment of any existing stocks 
of the products identified in Table 1 in Unit II.
     All sale, distribution, or use by International Paint Inc. of 
existing stocks of its affected products listed in Table 1 in Unit II. 
will be unlawful under FIFRA after December 1, 2002. Any stocks of such 
products not in the hands of the registrant may continue to be sold, 
distributed, and used until such stocks are exhausted.
     All sale, distribution, or use by Hempel Coatings (USA), Inc. of 
existing stocks of its affected product listed in Table 1 in Unit II. 
will be unlawful under FIFRA after December 31, 2002. Any stocks of 
such products not in the hands of the registrant may continue to be 
sold, distributed, and used until such stocks are exhausted.

List of Subjects

    Environmental protection, Pesticides and pests.

     December 24, 2002.
Lois Rossi,
Director, Information Resources Services Division, Office of Pesticide 
Programs.
[FR Doc. 03-613 Filed 1-14-03; 8:45 am]
BILLING CODE 6560-50-S