[Federal Register Volume 68, Number 228 (Wednesday, November 26, 2003)]
[Notices]
[Pages 66413-66416]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-29591]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-2003-0324; FRL-7336-3]


Notice of Receipt of Requests to Cancel Certain Creosote and Acid 
Copper Chromate (ACC) Wood Preservative Products, and/or to Amend to 
Terminate Certain Uses of Other Creosote Products; Extension of Comment 
Period

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 extending 
for an additional 30 days the comment period commenced by a September 
29, 2003 Notice of Receipt of Requests by registrants of pesticide 
products containing either Creosote or Acid Copper Chromate (ACC) to 
voluntarily cancel certain pesticide registrations and/or to amend to 
terminate certain uses of affected products. Specifically, the five 
registrants who are members of the Creosote Council III have requested 
to cancel the registrations for their creosote non-pressure treatment 
end-use products and/or to amend to terminate all non-pressure 
treatment uses of other creosote products. These registrants are 
requesting that these voluntary product cancellations and/or use 
terminations become effective December 31, 2004. Osmose, Inc., the sole 
registrant of ACC, is also requesting to immediately cancel the 
registration for its product with no provision for existing stocks. 
Neither the registrants of the affected creosote products nor that of 
the affected ACC product have requested any existing stocks provision, 
and all registrants waived the 180-day comment period (i.e., any 
comment period in excess of 30 days). This notice provides an 
additional 30-day public comment period in response to request for such 
extension.

DATES: Unless a request is withdrawn by December 26, 2003, or unless 
the Agency receives substantive comments within this additional comment 
period that would merit further review of the request, the Agency 
intends to issue orders granting these requests to cancel certain 
products, and to amend to terminate certain uses. The Agency will 
consider withdrawal requests received on or before December 26, 2003. 
Comments, identified by docket ID number OPP-2003-0324, must be 
received on or before December 26, 2003.

ADDRESSES:  Comments may be submitted electronically, by mail, or 
through hand delivery/courier. Follow the detailed instructions as 
provided in Unit I. of the SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Bonaventure A. Akinlosotu, 
Antimicrobials Division (7510C), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 605-0653; e-mail 
address: [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 identification (ID) number OPP-2003-0324. 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.
    Certain types of information will not be placed in the EPA Dockets. 
Information claimed as CBI and other information whose disclosure is 
restricted by statute, which is not included in the official public 
docket, will not be available for public viewing in EPA's electronic 
public docket. EPA's policy is that copyrighted material will not be 
placed in EPA's electronic public docket but will be available only in 
printed, paper form in the official public docket. To the extent 
feasible, publicly available docket materials will be made available in 
EPA's electronic public docket. When a document is selected from the 
index list in EPA Dockets, the system will identify whether the 
document is available for viewing in EPA's electronic public docket. 
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. EPA intends to work towards 
providing electronic access to all of the publicly available docket 
materials through EPA's electronic public docket.
    For public commenters, it is important to note that EPA's policy is 
that public comments, whether submitted electronically or in paper,

[[Page 66414]]

will be made available for public viewing in EPA's electronic public 
docket as EPA receives them and without change, unless the comment 
contains copyrighted material, CBI, or other information whose 
disclosure is restricted by statute. When EPA identifies a comment 
containing copyrighted material, EPA will provide a reference to that 
material in the version of the comment that is placed in EPA's 
electronic public docket. The entire printed comment, including the 
copyrighted material, will be available in the public docket.
    Public comments submitted on computer disks that are mailed or 
delivered to the docket will be transferred to EPA's electronic public 
docket. Public comments that are mailed or delivered to the docket will 
be scanned and placed in EPA's electronic public docket. Where 
practical, physical objects will be photographed, and the photograph 
will be placed in EPA's electronic public docket along with a brief 
description written by the docket staff.

C. How and To Whom Do I Submit Comments?

    You may submit comments electronically, by mail, or through hand 
delivery/courier. To ensure proper receipt by EPA, identify the 
appropriate docket ID number in the subject line on the first page of 
your comment. Please ensure that your comments are submitted within the 
specified comment period. Comments received after the close of the 
comment period will be marked ``late.'' EPA is not required to consider 
these late comments. If you wish to submit CBI or information that is 
otherwise protected by statute, please follow the instructions in Unit 
I.D. Do not use EPA Dockets or e-mail to submit CBI or information 
protected by statute.
    1. Electronically. If you submit an electronic comment as 
prescribed in this unit, EPA recommends that you include your name, 
mailing address, and an e-mail address or other contact information in 
the body of your comment. Also include this contact information on the 
outside of any disk or CD ROM you submit, and in any cover letter 
accompanying the disk or CD ROM. This ensures that you can be 
identified as the submitter of the comment and allows EPA to contact 
you in case EPA cannot read your comment due to technical difficulties 
or needs further information on the substance of your comment. EPA's 
policy is that EPA will not edit your comment, and any identifying or 
contact information provided in the body of a comment will be included 
as part of the comment that is placed in the official public docket, 
and made available in EPA's electronic public docket. If EPA cannot 
read your comment due to technical difficulties and cannot contact you 
for clarification, EPA may not be able to consider your comment.
    i. EPA Dockets. Your use of EPA's electronic public docket to 
submit comments to EPA electronically is EPA's preferred method for 
receiving comments. Go directly to EPA Dockets at http://www.epa.gov/edocket/, and follow the online instructions for submitting comments. 
Once in the system, select ``search,'' and then key in docket ID number 
OPP-2003-0324. The system is an ``anonymous access'' system, which 
means EPA will not know your identity, e-mail address, or other contact 
information unless you provide it in the body of your comment.
    ii. E-mail. Comments may be sent by e-mail to [email protected], 
Attention: Docket ID Number OPP-2003-0324. In contrast to EPA's 
electronic public docket, EPA's e-mail system is not an ``anonymous 
access'' system. If you send an e-mail comment directly to the docket 
without going through EPA's electronic public docket, EPA's e-mail 
system automatically captures your e-mail address. E-mail addresses 
that are automatically captured by EPA's e-mail system are included as 
part of the comment that is placed in the official public docket, and 
made available in EPA's electronic public docket.
    iii. Disk or CD ROM. You may submit comments on a disk or CD ROM 
that you mail to the mailing address identified in Unit I.C.2. These 
electronic submissions will be accepted in WordPerfect or ASCII file 
format. Avoid the use of special characters and any form of encryption.
    2. By mail. Send your comments to: Public Information and Records 
Integrity Branch (PIRIB) (7502C), Office of Pesticide Programs (OPP), 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001, Attention: Docket ID Number OPP-2003-0324.
    3. By hand delivery or courier. Deliver your comments to: Public 
Information and Records Integrity Branch (PIRIB), Office of Pesticide 
Programs (OPP), Environmental Protection Agency, Rm. 119, Crystal Mall 
2, 1921 Jefferson Davis Hwy., Arlington, VA, Attention: Docket 
ID Number OPP-2003-0324. Such deliveries are only accepted during the 
docket's normal hours of operation as identified in Unit I.B.1.

D. How Should I Submit CBI to the Agency?

    Do not submit information that you consider to be CBI 
electronically through EPA's electronic public docket or by e-mail. You 
may claim information that you submit to EPA as CBI by marking any part 
or all of that information as CBI (if you submit CBI on disk or CD ROM, 
mark the outside of the disk or CD ROM as CBI and then identify 
electronically within the disk or CD ROM the specific information that 
is 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 of the comment that does not 
contain the information claimed as CBI must be submitted for inclusion 
in the public docket and EPA's electronic public docket. If you submit 
the copy that does not contain CBI on disk or CD ROM, mark the outside 
of the disk or CD ROM clearly that it does not contain CBI. Information 
not marked as CBI will be included in the public docket and EPA's 
electronic public docket 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.

E. What Should I Consider as I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide any technical information and/or data you used that 
support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at your estimate.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternatives.
    7. Make sure to submit your comments by the comment period deadline 
identified.
    8. To ensure proper receipt by EPA, identify the appropriate docket 
ID number in the subject line on the first page of your response. It 
would also be helpful if you provided the name, date, and Federal 
Register citation related to your comments.

II. What Action is the Agency Taking?

    This notice announces receipt by the Agency of requests from 
registrants to cancel the registrations of four pesticide

[[Page 66415]]

products and to amend to terminate certain uses of seven other 
pesticide products (See Tables 1 and 2), and extends by an additional 
30 days the public comment period on requests. In a June 30, 2003 
letter, which was received by the Agency on July 14, 2003, Osmose, Inc. 
requested voluntary cancellation of its ACC product. Similarly, in 
letters dated September 5, 2003, Coopers Creek Chemical Corporation, 
KMG-Bernuth, Inc., Koppers, Inc., Railworks Wood Products, and Rutgers 
Chemicals AG, requested voluntary cancellation of certain creosote end-
use products and/or amendments to terminate certain creosote end uses 
of other creosote end-use products.
    Under section 6(f)(1)(A) of FIFRA, registrants may request, at any 
time, that their pesticide registrations be canceled or amended to 
terminate one or more pesticide uses. Section 6(f)(1)(B) of FIFRA 
requires that before acting on a request for voluntary cancellation, 
EPA must provide a 30-day public comment period on the request for 
voluntary cancellation. In addition, section 6(f)(1)(C) of FIFRA 
requires that EPA provide a 180-day comment period on a request for 
voluntary termination of any minor agricultural use before granting the 
request, unless (1) the registrant requests a waiver of the comment 
period, or (2) the Administrator determines that continued use of the 
pesticide would pose an unreasonable adverse effect on the environment. 
The registrants have requested that EPA waive the 180-day comment 
period. EPA is granting the registrants' request to waive the 180-day 
comment period. Since publication of the Notice of Receipt on September 
29, 2003 (68 FR 55952-55954), the Agency has been requested to extend 
the public comment period by an additional 30 days. The Agency has 
considered the request and has no objection to extending the public 
comment period by an additional 30 days and is doing so by this notice. 
Accordingly, EPA will provide an additional 30-day public comment 
period on the requests. EPA anticipates granting the cancellation 
requests and requests for termination of uses shortly after the end of 
the additional 30-day comment period for this notice unless the Agency 
receives substantive comments within the comment period that would 
merit further review of the request, or unless the subject request for 
voluntary cancellation and/or use termination is withdrawn as provided 
herein.
    The following products would be affected by the requests for 
voluntary cancellations:

            Table 1.-- Requests for Cancellation of Products
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        Registration No.             Product name        Chemical name
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003008-00060                      Osmose ACC 50%      Chromic acid,
                                   Wood Preservative   Cupric acid
------------------------------------------------------------------------
061468-00005                      Coal Tar Creosote   Creosote
------------------------------------------------------------------------
073408-00001                      Creosote            Creosote
------------------------------------------------------------------------
073408-00002                      Creosote Solution   Creosote
------------------------------------------------------------------------

    The following creosote/coal tar creosote product uses would be 
affected by the requests for amendments to terminate non-pressure 
treatment uses of the products listed in Table 2 below: home and farm 
use, ground line treatment of utility poles, end cuts, piling 
applications/repair, pole framing and railroad tie uses/repair.

  Table 2.-- Request for Amendments to Terminate Non-Pressure Treatment
                                  Uses
------------------------------------------------------------------------
        Registration No.             Product name        Chemical name
------------------------------------------------------------------------
000363-00014                      C-4 Brand Black     Creosote
                                   Creosote Coal Tar
                                   solution
------------------------------------------------------------------------
000363-00015                      C-4 Brand           Creosote
                                   Coopersote
                                   Creosote Oil
------------------------------------------------------------------------
061468-00006                      Creosote            Creosote
------------------------------------------------------------------------
061470-00001                      KMG-B Coal Tar      Creosote
                                   Creosote
------------------------------------------------------------------------
061483-0007                       Creosote Oil-24CB   Coal Tar Creosote
------------------------------------------------------------------------
061483-0008                       Creosote/Coal Tar   Coal Tar Creosote
                                   solution
------------------------------------------------------------------------
061483-0009                       Creosote Oil        Coal Tar Creosote
------------------------------------------------------------------------

    Unless the Agency receives substantive comments within this 
additional public comment period that would merit further review of the 
request, or unless a request is withdrawn by the registrant within 30 
days of publication of this notice, the Agency intends to issue orders 
canceling all of these registrations and granting the amendments 
effecting the use terminations. Users of these pesticides or anyone 
else desiring the retention of a registration or particular use should 
contact the applicable registrant directly before the lapse of this 30-
day period.
    The following Table 3 includes the names and addresses of record 
for all registrants of the products in Tables 1 and 2, in sequence by 
EPA company number:

[[Page 66416]]



Table 3.--Registrants Requesting Voluntary Cancellation and/or Amendment
                            to Terminate Uses
------------------------------------------------------------------------
 EPA Company No.                  Company name and address
------------------------------------------------------------------------
           000363  Coopers Creek Chemical Corp., 884 River Road, West
                    Conshohocken, PA 19428-2699
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           003008  Osmose Inc., 980 Ellicott Street, Buffalo, NY 14209-
                    2398
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           061468  Koppers Inc., 436 Seventh Avenue, Pittsburgh, PA
                    15219-1800
------------------------------------------------------------------------
           061470  Rutgers Chemicals, 10611 Harwin Drive, Suite 402,
                    Houston, TX 77036
------------------------------------------------------------------------
           061483  KMG-Bernuth, Inc., 10611 Harwin Drive, Suite 402,
                    Houston, TX 77036-1534
------------------------------------------------------------------------
           073408  Railworks Wood Products, 2525 Prairieton Road, Terre
                    Haute, IN 47802
------------------------------------------------------------------------

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 or amended to terminate uses. 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 public 
comment period. Thereafter, the Administrator may approve such a 
request.

IV. Procedures for Withdrawal of Request

    Registrants who choose to withdraw a request for voluntary 
cancellation or amendment to terminate uses must submit such withdrawal 
in writing to the person listed under FOR FURTHER INFORMATION CONTACT. 
The Agency will consider withdrawal requests received on or before 
December 26, 2003. This written withdrawal of the request for 
cancellation or amendment to terminate uses will apply only to the 
applicable FIFRA section 6(f)(1) request listed in this notice. If the 
product(s) have been subject to a previous cancellation or use 
termination action, the effective date of cancellation and all other 
provisions of any earlier cancellation or use termination order are 
controlling. The withdrawal request must also include a commitment to 
pay any reregistration fees that are due, and to fulfill any applicable 
unsatisfied data requirements.

V. Provisions for Disposition of Existing Stocks

    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. Exception to these general rules will 
be made in specific cases when more stringent restrictions on sale, 
distribution, or use of the products or their ingredients have already 
been imposed, as in a Special Review action, or where the Agency has 
identified significant potential risk concerns associated with a 
particular chemical. This is in accordance with the Agency's statement 
of policy as set forth in the Federal Register of June 26, 1991 (56 FR 
29362) (FRL-3846-4).
    1. Creosote. The registrants of affected creosote products have 
requested that the voluntary product cancellations and/or use 
terminations become effective December 31, 2004, with no provision for 
existing stocks.
    2. ACC. The effective date of cancellation will be the date of the 
cancellation order. Osmose stated in its request that its affected 
product (EPA Reg. No. 3008-60) is no longer being manufactured or 
distributed by them and that, therefore, there is no need for a time 
period for the depletion of existing stocks.

List of Subjects

    Environmental Protection, Creosote, Acid Copper Chromate, 
Pesticides and Pests.

    Dated: November 20, 2003.
Frank Sanders,
Director, Antimicrobials Division, Office of Pesticide Programs.
[FR Doc. 03-29591 Filed 11-25-03; 8:45 am]
BILLING CODE 6560-50-S