http://epa.gov/EPA-PEST/2004/December/Day-08/
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[Federal Register: December 8, 2004 (Volume 69, Number 235)]
[Notices]
[Page 71042-71045]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08de04-77]
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ENVIRONMENTAL PROTECTION AGENCY
[OPP-2004-0365; FRL-7688-3]
Tributyltin Methacrylate; Notice of Receipt of Request to Voluntarily Cancel a
Pesticide Registration
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 a request by New Nautical Coatings, Inc. to voluntarily cancel its
pesticide registration for an antifouling product containing tributyltin
methacrylate. This is the last tributyltin methacrylate product registered for
use in the U.S. EPA intends to grant this request at the close of the comment
period for this announcement unless the Agency receives substantive comments
within the comment period that would merit its further review of this request.
Upon acceptance of this request, any sale, distribution, or use of product
listed in this notice will be permitted only if such sale, distribution, or use
is consistent with the terms as described in the final order.
DATES: Comments, identified by the docket ID number OPP-2004-0365, must be
received on or before
[[Page 71043]]
ADDRESSES: Comments may be submitted electronically, by mail, or through hand
delivery/courier. Follow the detailed instructions as provided in
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: <A HREF="bloom.jill@epa.gov">bloom.jill@epa.gov</A>.
SUPPLEMENTARY 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 document 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
2. Electronic access. You may access this Federal Register document
electronically through the EPA Internet under the ``Federal Register'' listings
at <A HREF="http://www.epa.gov/fedrgstr/">http://www.epa.gov/fedrgstr/</A>.
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 <A HREF="http://www.epa.gov/edocket/">http://www.epa.gov/edocket/</A> 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. 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.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 or
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
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 <A HREF="http://www.epa.gov/edocket/">http://www.epa.gov/
edocket/</A>, and follow the online instructions for submitting comments.
Once in the system, select ``search,'' and then key in docket ID number
OPP-2004-0365. 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.
[[Page 71044]]
ii. E-mail. Comments may be sent by e-mail <A HREF="toopp-docket@epa.gov">toopp-docket@epa.gov</A>,
Attention: Docket ID Number OPP-2004-0365. 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-2004-0365.
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, 1801 S. Bell St.,
Arlington, VA, Attention: Docket ID Number OPP-2004-0365. 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.
8. To ensure proper receipt by EPA, be sure to identify the 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. Background on the Receipt of Request to Cancel
This notice announces receipt by EPA of a request from New Nautical Coatings,
Inc. to cancel a tributyltin methacrylate product registration. This product is
registered as an antifouling paint for use on ship and boat hulls to deter the
growth of fouling organisms. New Nautical Coatings, Inc. requested the
voluntary cancellation of its EPA Registration Number 44891-6 in a letter to
the Agency dated September 28, 2004, and further requested that it be allowed
to continue to sell its product with this registration number for an 18-
month period. Subsequently, on October 28, 2004, New Nautical Coatings, Inc.
replaced the earlier letter with a new letter in which it requested the
voluntary cancellation of EPA Registration Number 44891-6 with an existing
stocks provision to end as of January 1, 2006. This product is the final
remaining tributyltin antifouling paint registration. After the Agency's action
on this request for voluntary cancellation, all U.S. tributyltin antifouling
paint registrations will have been terminated.
III. What Action is the Agency Taking?
This notice announces receipt by EPA of a request from a registrant to cancel a
tributyltin methacrylate product registration. The affected product and the
registrant making the request are identified in Tables 1 and 2 of this unit.
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 termination of any
minor agricultural use before granting the request, unless:
1. The registrants request a waiver of the 180-day comment period, or
2. The Administrator determines that continued use of the pesticide would pose
an unreasonable adverse effect on the environment.
New Nautical Coatings, Inc. has requested that EPA waive the 180-
day comment period. EPA will provide a 30-day comment period on the proposed
request. New Nautical Coatings, Inc. has also made its request irrevocable.
Unless the Agency determines that there are substantive comments that warrant
further review of this request, an order will be issued canceling the affected
registration after the close of the 30-
day public comment period.
Table 1.--Product Registration with Pending Request for Cancellation
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EPA Registration No. Product Name Company
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44891-6 Sea Hawk Biocop New Nautical
Antifouling Coatings, Inc.
Coating
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Table 2.--Registrant Requesting Voluntary Cancellation
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EPA Company No. Company Name and Address
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44891 New Nautical Coatings,
Inc., 14805 49th Street,
North Clearwater, FL 33762
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[[Page 71045]]
IV. 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.
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 were packaged, labeled, and released
for shipment prior to the effective date of the cancellation action.
In any order issued in response to this request for cancellation of a product
registration, EPA proposes to include the following provisions for the
treatment of any existing stocks of the product identified in Table 1. New
Nautical Coatings, Inc. will be permitted to sell or distribute existing stocks
of its product, EPA Registration Number 44891-6, through December 31, 2005.
If the request for voluntary cancellation is granted, the Agency intends to
issue a cancellation order that will allow persons other than the registrant to
continue to sell and/or use existing stocks of canceled products 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.
The order will specifically prohibit any use of existing stocks that is not
consistent with such previously approved labeling. If, as the Agency currently
intends, the final cancellation order contains the existing stocks provision
just described, the order will be sent only to the affected registrant of the
canceled products. If the Agency determines that the final cancellation order
should contain existing stocks provisions different than the ones just
described, the Agency will publish the cancellation order in the Federal
Register.
List of Subjects
Environmental protection, Pesticides and pests.
Dated: November 17, 2004.
Debra Edwards,
Director, Special Review and Reregistration Division, Office of Pesticide
Programs.
[FR Doc. 04-26730 Filed 12-7-04; 8:45 am]
BILLING CODE 6560-50-S
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