[Federal Register Volume 70, Number 31 (Wednesday, February 16, 2005)]
[Notices]
[Pages 7941-7942]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-2978]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-2004-0365; FRL-7699-6]


Tributyltin Methacrylate; Product Cancellation Order

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces EPA's order for the cancellation, 
voluntarily requested by the registrant and accepted by the Agency, of 
a product containing the pesticide tributyltin methacrylate, pursuant 
to section 6(f)(1) of the Federal Insecticide, Fungicide, and 
Rodenticide Act (FIFRA), as amended. This cancellation order follows a 
December 8, 2004 Federal Register Notice of Receipt of Request (69 FR 
71042) (FRL-7688-3) from the registrant to voluntarily cancel its sole 
tributyltin methacrylate product registration. This is the last 
tributyltin methacrylate product registered for use in the United 
States. In the December 8, 2004 Notice, EPA indicated that it would 
issue an order implementing the cancellation unless the Agency received 
substantive comments within the 30-day comment period that would merit 
its further review of this request. The Agency received one comment on 
the Notice but it did not merit further review of the request 
Accordingly, EPA hereby issues in this notice a cancellation order 
granting the requested cancellation. Any distribution, sale, or use of 
the tributyltin methacrylate product subject to this cancellation order 
is permitted only in accordance with the terms of this order including 
any existing stocks provisions.

DATES: The cancellation is effective February 16, 2005.

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; fax 
number: (703) 308-8041; 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, and may be of 
interest to a wide range of stakeholders including environmental, human 
health, and agricultural advocates; the chemical industry; pesticide 
users; and members of the public interested in the sale, distribution, 
or use of pesticides. Since others also may be interested, 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 
applicability of this action to a particular entity, 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-2004-0365. 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, 
1801 S. Bell St., 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

[[Page 7942]]

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 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 ``Quick Search,'' then key in the 
appropriate docket ID number.

II. What Action is the Agency Taking?

    This notice announces the cancellation, as requested by the 
registrant, of an end-use antifouling paint product containing 
tributyltin methacrylate and registered under section 3 of FIFRA. This 
registration is described in the following Table of this unit.

              Tributyltin Methacrylate Product Cancellation
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                                                      Company Name and
     EPA Registration No.          Product Name           Address
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44891-6                         Sea Hawk Biocop    New Nautical
                                 Antifouling        Coatings, Inc.,
                                 Coating            14805 49\th\ Street,
                                                    NorthClearwater, FL
                                                    33762
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III. Summary of Public Comments Received and Agency Response to 
Comments

    One comment was received during the public comment period for the 
notice of receipt of the request to cancel EPA Registration Number 
44891-6. This comment, which is available from the docket as document 
ID number OPP-2004-0365, made note of the commenter's belief that no 
sale of the affected product should be permitted after cancellation. 
The Agency had proposed that the registrant be allowed to continue to 
sell its product through December 31, 2005, and that all other persons 
would be permitted to sell and use the product until stocks were 
exhausted. The Agency based its proposal on the request of the 
registrant, and on the belief that the existing stocks were limited in 
quantity. The comment submitted to the docket provided no substantive 
reason for disallowing sale after the effective date of cancellation. 
For this reason, the Agency does not believe that this comment merits 
further review or a denial of the request for voluntary cancellation.

IV. Cancellation Order

    Pursuant to FIFRA section 6(f), EPA hereby approves the requested 
cancellation of the tributyltin methacrylate registration identified in 
the Table of Unit II. Accordingly, the Agency orders that the 
tributyltin methacrylate registration identified in the Table of Unit 
II is hereby canceled. Any distribution, sale, or use of existing 
stocks of the product identified in the Table of Unit II in a manner 
inconsistent with any of the Provisions for Disposition of Existing 
Stocks set forth below in Unit VI will be considered a violation of 
FIFRA.

V. 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 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, 
following the public comment period, the Administrator may approve such 
a request.

VI. Provisions for Disposition of Existing Stocks

    Existing stocks are those stocks of registered pesticide products 
which are currently in the United States and which were packaged, 
labeled, and released for shipment prior to the effective date of the 
cancellation action. The cancellation order issued in this Notice 
includes the following existing stocks provisions.
    New Nautical Coatings will be permitted to sell or distribute 
existing stocks of its product, EPA Registration Number 44891-6, 
through December 31, 2005.
    Persons other than the registrant are allowed to continue to sell 
and/or use existing stocks of the canceled product until such stocks 
are exhausted, provided that such use is consistent with the terms of 
the previously approved labeling on, or that accompanied, the canceled 
product. Any use of existing stocks that is not consistent with such 
previously approved labeling is prohibited.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: February 7, 2005.
Debra Edwards,
Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.
[FR Doc. 05-2978 Filed 2-15-05; 8:45 am]
BILLING CODE 6560-50-S