[Federal Register Volume 68, Number 234 (Friday, December 5, 2003)]
[Notices]
[Pages 68039-68042]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-30165]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-2003-0291; FRL-7331-1]


Notice of Receipt of Requests to Voluntarily Cancel Certain 
Pesticide Registrations for Products Containing Tributyltin 
Methacrylate, and to Amend Certain Pesticide Registrations Containing 
Bis(tributyltin) Oxide to Terminate a Use

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 requests by registrants to voluntarily cancel 
certain pesticide registrations and to amend certain pesticide 
registrations to terminate a use. Atofina Chemicals, Inc. and Crompton 
Corporation have requested that the registrations for all their 
tributyltin products registered for use in formulating antifouling 
paints or which are themselves antifouling paints be canceled, or if 
the products are registered for use in formulating other pesticides in 
addition to antifouling paints, that those registrations be amended to 
terminate the antifoulant use. Both registrants have requested that the 
voluntary cancellations and use terminations become effective as of 
November 30, 2003. Both companies have requested that they be permitted 
to sell affected products without change to the labels until that date 
and no later; no separate existing stocks provisions are necessary 
since the Agency intends to allow them to sell the affected products 
only until the effective date as requested. Both companies have waived 
the 180-day comment period typically allowed after a request for 
voluntary cancellation, and both companies have stated that their 
requests are irrevocable.

DATES: Unless the Agency receives substantive comments within the 30-
day comment period that would merit further review of the requests, the 
Agency intends to issue orders granting these requests to cancel 
certain products, and to amend to terminate certain uses. Comments, 
identified by docket ID number OPP-2003-0291, must be received on or 
before January 5, 2004.

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

FOR FURTHER INFORMATION CONTACT: Jill Bloom, Special Review and 
Reregistration Division (7508C), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 308-8019; 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-2003-0291. 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.

[[Page 68040]]

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. 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, 
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-2003-0291. 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-2003-0291. 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-2003-0291.
    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-2003-0291. 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 copies of 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 the estimate that you provide.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternative ways to improve the registration activity.
    7. Make sure to submit your comments by the deadline in this 
notice.

[[Page 68041]]

    8. To ensure proper receipt by EPA, be sure to identify the docket 
ID number assigned to this action in the subject line on the first page 
of your response. You may also provide the name, date, and Federal 
Register citation.

II. What Action is the Agency Taking?

    This notice announces receipt by the Agency of requests from 
Atofina to cancel its EPA Registration Numbers shown below. Atofina 
submitted a letter dated September 10, 2003 to the Agency requesting 
the voluntary cancellation of their registrations for these products 
containing tributyltin methacrylate. The letter was received by the 
Agency on September 12, 2003. The affected registrations are listed in 
Table 1 of this unit:

                   Table 1.--Requests for Cancellation
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      Registration Number          Product Name        Chemical Name
------------------------------------------------------------------------
5204-63                         Biomet 300         Tributyltin
                                 Antifouling        methacrylate
                                 Agent
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5204-65                         Biomet 302         Tributyltin
                                 Antifouling        methacrylate
                                 Agent
------------------------------------------------------------------------
5204-67                         Biomet 304         Tributyltin
                                 Antifouling        methacrylate
                                 Agent
------------------------------------------------------------------------
5204-80                         Biomet 303/60      Tributyltin
                                 Antifouling        methacrylate
                                 Agent
------------------------------------------------------------------------
5204-81                         Biomet 304/60      Tributyltin
                                 Antifouling        methacrylate
                                 Agent
------------------------------------------------------------------------
5204-83                         Polyflo 4024       Tributyltin
                                                    methacrylate
------------------------------------------------------------------------
5204-87                         Biomet 305         Tributyltin
                                                    methacrylate
------------------------------------------------------------------------
5204-88                         Biomet 309         Tributyltin
                                                    methacrylate
------------------------------------------------------------------------
5204-90                         Biomet 300/60      Tributyltin
                                 Antifouling        methacrylate
                                 Agent
------------------------------------------------------------------------

    This notice also announces receipt by the Agency of requests from 
Atofina and Crompton to amend their EPA Registration Numbers 5204-1 and 
8898-17, respectively, to terminate their use for formulation of 
antifouling paints. Atofina and Crompton submitted letters dated 
September 10, 2003 and September 29, 2003 (as subsequently clarified 
and corrected by Crompton's letter dated October 29, 2003), 
respectively, to the Agency requesting the amendment of registrations 
to terminate this use for these products containing bis(tributyltin) 
oxide. The letter from Atofina was received by the Agency on September 
12, 2003; the letters from Crompton were received by the Agency on 
September 30, 2003 and October 29, 2003, respectively. The affected 
registrations are listed in Table 2 of this unit:

           Table 2.--Requests for Amendment to Terminate Uses
------------------------------------------------------------------------
      Registration Number          Product Name        Chemical Name
------------------------------------------------------------------------
5204-1                          Biomet TBTO        Bis(tributyltin)
                                                    oxide
------------------------------------------------------------------------
8898-17                         Eurotin TBTO       Bis(tributyltin)
                                                    oxide
------------------------------------------------------------------------

    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 or use termination. In addition, section 
6(f)(1)(C) of FIFRA requires that EPA provide a 180-day comment period 
on a request for voluntary cancellation or use termination of any minor 
agricultural use before granting the request, unless (1) the 
registrants request 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 will provide a 
30-day comment period on the proposed requests. EPA anticipates 
granting the cancellation requests and requests for termination of uses 
shortly after the end of the 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.
    Unless substantive comments are submitted which merit further 
review, the Agency intends to issue orders canceling the subject 
registrations and granting the amendments affecting the use 
terminations associated with the requests. Users of these pesticides or 
anyone else desiring the retention of a registration or particular use 
should contact the appropriate registrant and the person listed under 
FOR FURTHER INFORMATION CONTACT before the lapse of this 30-day period.
    Table 3 of this unit includes the name and address of record for 
the registrants of the products in Table 1 and 2 of this unit:

[[Page 68042]]



Table 3.--Registrants Requesting Voluntary Cancellation and/or Amendment
                            to Terminate Uses
------------------------------------------------------------------------
            EPA Company Number                Company Name and Address
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5204                                       Atofina Chemicals, Inc., 2000
                                            Market Street, Philadelphia,
                                            PA 19103-3222
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8898                                       Crompton Corporation, 1
                                            American Way, Greenwich, CT
                                            06831
------------------------------------------------------------------------

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 one or more pesticide 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. 
Thereafter, the Administrator may approve such a request.

IV. Provisions for Disposition of Existing Stocks

    The effective date of cancellation will be the date of the 
cancellation order. The orders effecting requested cancellations 
generally permit a registrant to sell or distribute existing stocks for 
one year after the date the cancellation request was received. This 
policy is in accordance with 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.
    In this case, Atofina requested in its letter dated September 10, 
2003 that the Agency allow it to sell existing stocks of its affected 
products for which Atofina requested voluntary cancellation until 
November 30, 2003, which is the same date that Atofina requested the 
cancellations to be effective. In their letters dated September 10, 
2003 and September 29, 2003 (as subsequently clarified and corrected by 
Crompton's letter dated October 29, 2003) respectively, Atofina and 
Crompton also requested that the Agency allow them to sell stocks of 
their affected products for which they have requested amendment to 
terminate uses, bearing labels allowing the use which is the subject of 
the use termination request, until that same date, November 30, 2003. 
The Agency anticipates granting these requests shortly after the end of 
the 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. The cancellation and use termination orders 
which effect the requests of these two registrants for their TBT 
antifoulant and antifouling paint registrations will effectively serve 
as the existing stocks orders for the affected registrations.
    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. In this instance, and consistent with their own 
requests, Atofina and Crompton will not be permitted existing stocks 
provisions for any sale, distribution, or use of affected products 
after the effective date of the cancellations and use terminations. 
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 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. The 
Agency does not anticipate any such exception to these general rules in 
this case.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: November 21, 2003.
Betty Shackleford,
Acting Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.
[FR Doc. 03-30165 Filed 12-4-03; 8:45 am]
BILLING CODE 6560-50-S