[Federal Register Volume 65, Number 4 (Thursday, January 6, 2000)] [Notices] [Pages 771-773] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 00-274] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY OPP-30000/46C; FRL-6486-7 Cyanazine; Cancellation Order AGENCY: Environmental Protection Agency (EPA). ACTION : Cancellation order. ----------------------------------------------------------------------- SUMMARY: This order announces the cancellation of all cyanazine registrations as requested by E.I. duPont de Nemours and Company (``DuPont''), and subsequently agreed to by Griffin Corporation (``Griffin'') and accepted by EPA, pursuant to section 6(f) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). This order follows up a July 25, 1996, notice of final determination to terminate the cyanazine Special Review and EPA's acceptance of requests to voluntarily cancel all cyanazine product registrations effective December 31, 1999 (61 FR 39023)(FRL-5385-7). In this notice, EPA indicated that it would issue an order confirming the voluntary cancellations. As of December 31, 1999, any distribution, sale, or use of canceled cyanazine products is only permitted in accordance with the terms of the existing stocks provisions of this cancellation order. DATES: The cancellations are effective December 31, 1999. FOR FURTHER INFORMATION CONTACT: Pam Noyes, Special Review and Reregistration Division (7508C), Office of Pesticide Programs, U.S. Environmental Protection Agency, Ariel Rios Building, 1200 Pennsylvania Avenue, NW., Washington, DC 20460. Telephone number: 703-308-8179, e- mail address: [email protected]. SUPPLEMENTARY INFORMATION: I. General Information A. Does This Action Apply to Me? You may be potentially affected by this action if you manufacture, sell, distribute, or use cyanazine products. To determine whether you or your business may be affected by this action, you should carefully examine the applicability provisions in Unit I of this document. The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the Small 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). If you have any questions regarding the applicability of this action to a particular entity, consult the technical person listed in the ``FOR FURTHER INFORMATION CONTACT'' section. B. How Can I Get Additional Information, Including Copies of This Document and Other Related Documents? 1. Electronically. You may obtain copies of this document and other available support documents from the EPA Internet Home Page at http:// www.epa.gov/. To access information about the risk assessment for cyanazine refer to the Atrazine, Simazine, Cyanazine; Notice of Initiation of Special Review (59 FR 60412)(FRL-4919-5) dated November 23, 1994. You may access this document by selecting ``Laws and Regulations'' on EPA's Home Page and then looking up the entry for this document under the ``Federal Register--Environmental Documents.'' You can also go directly to the ``Federal Register'' listings at http:// www.epa.gov/fedrgstr. 2. In person. The Agency has established an official record for this action under docket control number OPP-30000/46C. The official record consists of the documents specifically referenced in this action, any public comments received during an applicable comment period, and other information related to this action, including any information claimed as confidential business information (CBI). This official record includes the documents that are physically located in the docket, as well as the documents that are referenced in those documents. The public version of the official record does not include any information claimed as CBI. The public version of the official record, which includes printed, paper versions of any electronic comments submitted during an applicable comment period, is available for inspection in the Public Information and Records Integrity Branch (PIRIB), Rm. 119, Crystal Mall #2, 1921 Jefferson Davis Highway, Arlington, VA, from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The PIRIB telephone number is 703-305-5805. [[Page 772]] II. Background On November 23, 1994, EPA initiated a Special Review of atrazine, simazine, and cyanazine (58 FR 60412)(FRL-4919-5). The Agency initiated the Special review for cyanazine based on concerns that cyanazine may pose a risk of inducing cancer in humans from dietary, occupational, and residential exposure. On August 2, 1995, EPA accepted DuPont's proposal to amend the terms and conditions of the cyanazine registrations. DuPont voluntarily proposed to amend its cyanazine registrations to incrementally reduce cyanazine maximum application rates in 1997, 1998, and 1999, and to terminate the production of cyanazine for use in the United States by the end of 1999. DuPont proposed that after December 31, 1999, they would not release for shipment any formulated end use products containing cyanazine for use in the United States. EPA agreed to authorize distribution and sale through September 30, 2002, of any existing stocks of cyanazine formulated end use products that were released for shipment on or before December 31, 1999. EPA also agreed to authorize use of these products in accordance with the product labels through December 31, 2002. For cyanazine technical products, DuPont proposed that technical products released for shipment by DuPont after July 25, 1996, bear labels subjecting end use products made from these technical products to the amended terms and conditions of registration. Finally, DuPont requested that EPA accept the voluntary cancellation of all registered DuPont cyanazine technical and end use products effective on December 31, 1999. DuPont waived any right to challenge EPA's final action on the Special Review or the terms and conditions of registration upon EPA's final acceptance of the proposed amendments. After EPA initiated the cyanazine Special Review, Griffin filed an application to register pesticide products containing cyanazine, and subsequently agreed to the same terms and conditions of registration that were proposed by DuPont. EPA granted Griffin's applications and issued conditional registrations subject to the same terms and conditions proposed by DuPont. On March 1, 1996, EPA issued a Notice of Preliminary Determination to Terminate the Special Review and a Notice of Receipt of Requests for Voluntary Cancellation of cyanazine registrations (61 FR 8186)(FRL- 5352-6). In this notice, EPA outlined that it was proposing to terminate the Special Review of cyanazine, based on the modified terms and conditions of the cyanazine registrations. The complete terms and conditions to amend the cyanazine registrations agreed to by the registrants are discussed in this Notice. In the same Notice, EPA announced the receipt of requests from DuPont and Griffin to voluntarily cancel their registrations pursuant to FIFRA section 6(f)(7 U.S.C. 136d(f)). The registrants requested that the voluntary cancellations take effect December 31, 1999, consistent with the terms and conditions of registration proposed by DuPont and later agreed to by Griffin and accepted by EPA. On July 25, 1996, EPA issued a Notice of Final Determination to Terminate Special Review of Cyanazine and a Notice of Voluntary Cancellation and Cancellation Order of the Cyanazine Product Registrations (61 FR 39023)(FRL-5385-7). This notice announced the conclusion of the Cyanazine Special Review based on the August 2, 1995, DuPont agreement to voluntarily modify the terms and conditions of the cyanazine registrations, which was later agreed to by Griffin. The notice also accepted the voluntary cancellation of the technical and end use products containing cyanazine pursuant to the registrant agreement, and indicated that a cancellation order would be issued confirming the cancellations. On October 21, 1998, EPA issued a notice announcing the receipt of a request from DuPont and Griffin to amend the terms and conditions of the cyanazine registrations to allow a maximum use rate of 3.0 lbs/acre in 1999 instead of 1.0 lb/acre, as previously agreed (63 FR 56178)(FRL- 6040-2). On January 22, 1999, EPA issued a notice to amend the terms and conditions of the cyanazine registrations, which included the Agency's basis for accepting the registrants request and its response to comments received (64 FR 3511)(FRL-6058-1). Cyanazine production has declined steadily since the August 1995 acceptance of the DuPont and Griffin amendments to the terms and conditions of registration. There was no production of cyanazine technical in 1998. III. Existing Stocks Provision EPA has determined that, for any cyanazine formulated end use products that are released for shipment by a registrant on or before December 31, 1999, sale or distribution of such products may continue in accordance with their labels through September 30, 2002. EPA also authorizes the continued use of such existing stocks in accordance with their labels through December 31, 2002. EPA prohibits the use of cyanazine end use products after December 31, 2002. The sale or distribution of technical cyanazine products, and the use of such products to formulate end use products for subsequent sale or distribution is prohibited after December 31, 1999. Any technical or end use product containing cyanazine may be exported pursuant to FIFRA sections 3 and 17. IV. Cancellation Order Pursuant to section 6(f) of FIFRA, EPA hereby orders that the registrations of cyanazine pesticide products by DuPont and Griffin be canceled effective December 31, 1999. The cyanazine technical and end use product registrations subject to this cancellation order are listed as follows: \ DuPont Bladex4L Herbicide (Reg.No. 352-470) \ DuPont Cyanazine Technical (Reg.No. 352-475) \ DuPont Bladex 90DF Herbicide (Reg.No. 352-495) \ DuPont Extrazine II 4L Herbicide (Reg.No. 352-500) \ DuPont Extrazine II DF Herbicide (Reg.No. 352-577) \ Griffin Cyanazine Technical (Reg.No. 1812-364) \ Cy-Pro 90DF Herbicide (Reg.No. 1812-365) \ Cy-Pro 4L (Reg.No.1812-366) \ Cy-Pro AT 4L Herbicide (Reg.No. 1812-367) \ Cy-Pro AT DF Herbicide (Reg.No. 1812-368) Any distribution, sale, or use of existing stocks of these products in a manner inconsistent with the terms of this Order or the Existing Stock Provision in Unit III of this Federal Register Notice will be considered a violation of section 12(a)(2)(K) of FIFRA and/or section 12(a)(1)(A) of FIFRA. For purposes of this Order, the term ``existing stocks'' is defined, pursuant to EPA's existing stocks policy (56 FR 29362, June 26, 1991), as those stocks of a canceled pesticide product that were in the United States and that were packaged, labeled, and released for shipment prior to the effective date of the cancellation. List of Subjects Environmental protection. [[Page 773]] Dated: December 29, 1999. James Jones, Director, Registration Division, Office of Pesticide Programs. [FR Doc. 00-274 Filed 1-3-00; 1:54 pm] BILLING CODE 6560-50-F