[Federal Register: June 24, 2002 (Volume 67, Number 121)]
[Notices]               
[Page 42559-42561]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr24jn02-55]                         

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ENVIRONMENTAL PROTECTION AGENCY

[OPP-2002-0032; FRL-7184-3]

 
1, 4-Bis(bromoacetoxy)-2-butene; Notice of Receipt of Request to 
Amend Certain Pesticide Products

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: Pursuant to 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 from Buckman Laboratories International, 
Inc., the sole registrant, to amend its registration of products 
containing 1, 4-bis(bromoacetoxy)-2-butene (Bis-2) to terminate use as 
a preservative in water-based coatings and paints as well as the use as 
an anti-coagulant in oil field, oil secondary (enhanced) recovery 
systems. EPA intends to grant the request to amend the registrations to 
terminate these uses at the end of the 30-day comment period initiated 
by this Notice unless the Agency receives substantive comments that 
would merit further review of this request. Upon acceptance of the 
request to amend the registrations to terminate uses, any sale, 
distribution, or use of products listed in this notice will be 
permitted only if distribution, sale, or use is consistent with the 
terms as described in this notice.

DATES: Comments must be received on or before July 24, 2002.

ADDRESSES: Comments may be submitted by mail, electronically, or in 
person. Please follow the detailed instructions for each method as 
provided in Unit I. of the SUPPLEMENTARY INFORMATION. To ensure proper 
receipt by EPA, it is imperative that you identify the docket ID number 
OPP-2002-0032 in the subject line on the first page of your response.

FOR FURTHER INFORMATION CONTACT: By mail: Killian Swift, Antimicrobial 
Division (7510C), 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 308, Crystal Mall 2, 1921 Jefferson Davis 
Hwy., Arlington, VA 22202; (703) 308-6346; e-mail: 
swift.killian@epa.gov.

SUPPLEMENTARY INFORMATION: This announcement consists of five parts. 
The first part contains general information. The second part discusses 
the registrant's request for registration amendments to terminate uses 
of the affected products. The third part describes the action taken by 
this notice. The fourth part describes the Agency's legal authority for 
the action announced in this notice. The fifth part proposes existing 
stocks provisions that the Agency intends to authorize.

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general. You potentially 
may be affected by this action if you use water-based coating or paints 
or work with oil field, oil secondary (enhanced) recovery systems. The 
Congressional Review Act U.S.C. 801 et seq., as added by the Small

[[Page 42560]]

Business Regulatory Enforcement Fairness Act of 1996, does not apply 
because this action is not a rule, for purposes of 5 U.S.C. 804(3). 
Since other entities also may be interested, the Agency has not 
attempted to describe all 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 Additional Information, Including Copies of this 
Document and Other Related Documents?

    1. Electronically. You may obtain electronic copies of this 
document, and certain related documents that might be available 
electronically, from the EPA Internet Home Page at http://www.epa.gov/. 
To access this document, on the Home Page select ``Laws and 
Regulations,'' ``Regulations and Proposed Rules'' and then look up the 
entry for this document under the Federal Register--Environmental 
Documents. You also can go to the Federal Register listings directly at 
http://www.epa.gov/fedrgstr/.
    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 opp-docket@epa.gov, 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 accepted in WordPerfect 6.1/9.0 
or ASCII file format. All comments in electronic form must be 
identified by docket ID number OPP-2002-0032. Electronic comments also 
may be filed online at many Federal Depository Libraries.

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-2002-0032 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: opp-docket@epa.gov, 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/
9.0 or ASCII file format. All comments in electronic form must be 
identified by docket ID number OPP-2002-0032. 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.

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 notice or collection 
activity.
    7. Make sure to submit your comments by the deadline in this 
notice.
    8. To ensure proper receipt by EPA, be sure to identify the docket 
ID number assigned to this action in the subject line of your response. 
You also may provide the name, date, and Federal Register citation.

II. Background on the Receipt of Request to Amend Registrations to 
Terminate Uses

    The sole registrant of 1, 4-bis(bromoacetoxy)-2-butene (Bis-2), has 
voluntarily requested EPA to amend the registration of the Bis-2 
Technical Grade Active Ingredient, ``BBAB'' (EPA Registration No. 1447-
374) and its End Use Product ``Busan 1210'' (EPA Registration No. 1448-
353) to terminate two of their three uses. The letter from Buckman 
Laboratories International, Inc. was dated March 22, 2002 and was 
received by EPA on March 27, 2002. The letter included a waiver of the 
180-day comment period. The letter requested that the Agency amend the 
registrations to terminate the use of Bis-2 products as preservatives 
in water-based coatings and paints as well as the use as anti-
coagulants in oil field, oil secondary (enhanced) recovery systems. The 
registrant did not request an existing stocks provision. Bis-2 products 
would remain registered for use as an anti-coagulant in pulp and paper 
mill systems process (cleaning) water.

III. What Action is the Agency Taking?

    This notice announces receipt by the Agency, under section 6(f)(1) 
of FIFRA from the sole registrant of Bis-2 pesticide products of a 
request to amend its Bis-2 registrations to terminate the use of Bis-2 
products as preservatives in water-based coatings and paints as well as 
anti-coagulants in oil field, oil secondary (enhanced) recovery 
systems.

[[Page 42561]]



 Registrations Involved in the Request for Amendments to Terminate Uses
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            Registration Number                     Product Name
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1448-353 (End-use product)                  Busan 1210 (80% active
                                             ingredient)
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 1448-374 (Technical grade active           BBAB (95% active ingredient)
 ingredient)
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IV. 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 a pesticide registration of the 
registrant be canceled or amended to terminate one or more uses. The 
Act further provides that before acting on the request, EPA must 
publish a notice 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

    In any order in response to this request for amendment to terminate 
uses, the Agency proposes to include the following provisions for 
treatment of any existing stocks of the products identified in the 
Table above:
    All distribution, sale, or use by the registrant of existing stocks 
of affected manufacturing use and end-use products that bear the 
terminated uses will be unlawful under FIFRA effective 1 year from the 
Agency's receipt of the request for amendments to terminate uses. 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. 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 EPA's existing stocks 
policy at 56 FR 29362, Wednesday, June 26, 1991, as those stocks of a 
registered pesticide product 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 or amendment. Any 
distribution, sale, or use of existing stocks after the effective date 
of the cancellation order that is not consistent with the terms of that 
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.

List of Subjects

    Environmental protection, Pesticides and pests.


    Dated: June 17, 2002.
Frank Sanders,
Director, Antimicrobial Division, Office of Pesticide Programs.
[FR Doc. 02-15879 Filed 6-21-02; 8:45 am]
BILLING CODE 6560-50-S