[Federal Register Volume 59, Number 100 (Wednesday, May 25, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-12701]


[[Page Unknown]]

[Federal Register: May 25, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
[OPP-64022; FRL 4865-2]
 

Simazine; Cancellation of the Registration of Aladdin Winter Care 
for Non-Payment of Registration Maintenance Fees

AGENCY: Environmental Protection Agency (EPA).
ACTION: Cancellation Order.

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SUMMARY: In this Notice, issued pursuant to section 4(i)(5)(D) of 
FIFRA, EPA is cancelling the registration of Aladdin Winter Care (EPA 
Reg. No. 11329-17) for failure to pay the annual registration 
maintenance fee for its product registration. The effective date for 
this section 4(i) cancellation is May 25, 1994. Existing stocks of the 
product subject to the cancellation order in this Notice may not be 
sold, distributed, or used effective May 25, 1994, except for (1) sale 
or distribution up through the channels of trade to the former 
registrant of that product, or (2) lawful disposal.

DATES: The cancellation shall be effective May 25, 1994.

FOR FURTHER INFORMATION CONTACT: By mail: Jeff Morris, Special Review 
Branch, Special Review and Reregistration Division (7508W), U.S. 
Environmental Protection Agency, 401 M St., SW., Washington, DC 20460. 
Office location and telephone number: Special Review Branch, 3rd floor, 
2800 Crystal Drive, Arlington, VA 22202, (703) 308-8029.

SUPPLEMENTARY INFORMATION:

I. Cancellation For Maintenance Fee Non-Payment

    This registration is being canceled for non-payment of maintenance 
fees. Section 4(i)(5)(A) of FIFRA requires each registrant of a 
pesticide to pay an annual maintenance fee to keep its pesticide 
registrations in effect (7 U.S.C. 136a(5)(A)). On January 15, 1994, the 
fee was due for Aladdin Winter Care (EPA Reg. No. 11329-17, Aladdin 
Chemical Company, registrant). However, EPA allowed registrants until 
April 1, 1994, to remit maintenance fees. The registrant did not pay 
its registration maintenance fee by April 1. This Notice therefore 
serves as the final cancellation order for Aladdin Winter Care, or any 
other product with EPA Reg. No. 11329-17.

II. Risks Posed by Simazine in Swimming Pools

    Simazine, which is used primarily as an agricultural herbicide, is 
also used as an algaecide in swimming pools. The swimming pool use 
accounts for less than 2 percent of total simazine usage. In 1989, EPA 
classified simazine as a Group C possible human carcinogen, and in 
August 1993 EPA conducted a risk assessment of simazine swimming pool 
algaecide products. The risk assessment revealed unacceptable cancer 
and non-cancer health risks to children and adults exposed to water 
treated with simazine algaecides.
    EPA's risk assessment is based on laboratory animal studies. These 
studies indicate that short-term exposure to simazine may result in 
weight loss and reduced red blood cell count (anemia), which are 
reversible effects when exposure is terminated. The studies also show 
that exposure to simazine poses a potential risk of cancer.

III. Regulatory Background

    The three registrants of technical simazine--Ciba, Drexel Chemical, 
and Oxon-Italia--are not supporting the simazine swimming pool use. 
None of Drexel Chemical's products are registered for aquatic use, and 
Ciba and Oxon-Italia ceased supporting all aquatic uses prior to EPA's 
risk assessment. The aquatic-use cancellation for Ciba, the supplier of 
technical simazine for the swimming pool products, became effective on 
October 9, 1992.
    After EPA completed its assessment of the risks of simazine in 
swimming pools, EPA notified the registrants of the 22 simazine 
swimming pool algaecide products of the cancer and non-cancer risks 
associated with simazine swimming pool use. In view of these risks, 
nine of the thirteen end-use registrants agreed to request voluntary 
cancellation with no allowance for the formulation, sale, distribution, 
or use of existing product stocks. They also agreed to waive the 
comment period typically associated with such requests for voluntary 
cancellation. Because the nine companies voluntarily requested 
cancellation and asked for a waiver of the comment period, EPA ordered 
the voluntary cancellation of these 14 registrations--along with 
maintenance fee non-payment cancellations of 3 registrations--to become 
effective on April 15, 1994 (59 FR 18120). Subsequently, Aladdin 
Chemical Company failed to pay the annual registration maintenance fee 
for Aladdin Winter Care (EPA Reg. No. 11329-17). This registration fee 
non-payment is the subject of this cancellation order. EPA is preparing 
cancellation actions against the registrations of the remaining 4 
products, which are held by Alden Leeds and N. Jonas Company.

IV. Existing Stocks

    EPA has determined that because of the potential cancer and non-
cancer health risks, no sale, distribution, or use of existing stocks 
will be permitted, except as specified in this Notice. For purposes of 
this order, existing stocks are defined as those stocks of Aladdin 
Winter Care, or any other product with EPA Reg. No. 11329-17, that were 
in the United States and were packaged, labeled, and released for 
shipment prior to May 25, 1994.
    EPA has an established policy for determinations concerning the 
sale, distribution, and use of existing stocks of canceled pesticides 
(56 FR 29362 (June 26, 1991)). That policy states that in cases where 
EPA has identified a significant risk concern and the registration is 
canceled, EPA will make existing stocks determinations on a case-by-
case basis. In most cases, EPA will not permit the continued sale, 
distribution, or use of a canceled product raising risk concerns unless 
it can be demonstrated that the benefits exceed the risks. EPA reserves 
the right to amend this existing stocks provision, should conditions 
warrant such amendment.
    EPA has determined that it will not allow further distribution, 
sale, or use of existing stocks of any registered product subject to 
this Notice by any person, except for (1) sale or distribution up 
through the chain of distribution to the former registrant of that 
product, or (2) for lawful disposal. It is the responsibility of the 
basic registrant to notify any and all supplementally registered 
distributors of their product(s) that this cancellation order also 
applies to their supplementally registered products. Registrants may be 
held liable for violations committed by their distributors.
    The swimming pool use of simazine poses unacceptable cancer and 
noncancer risks. Moreover, information submitted to EPA does not 
demonstrate that the benefits of continued sale, distribution, and use 
of existing stocks outweigh these risks. The benefits resulting from 
the use of existing stocks appear negligible, in that there are more 
than 250 non-simazine algaecide products available for swimming pool 
use. According to EPA estimates, Aladdin Winter Care's share of the 
swimming pool algaecide market is very small. Finally, EPA has taken 
steps that should have reduced the amount of Aladdin Winter Care stocks 
currently in the hands of registrants, retailers, and distributors. In 
December 1993, EPA notified registrants--including Aladdin Chemical 
Company--of the risks associated with the products and asked them to 
stop formulating, selling, and distributing their products.
    As a result of the cancellation order and existing stocks 
determination, a product subject to this Notice may only be sold or 
distributed if it is both: (1) packaged, labeled, and released for 
shipment prior to May 25, 1994, and (2) sold or distributed (a) up 
through the chain of distribution to the former registrant of the 
product, or (b) for lawful disposal.

V. Registration Subject to Cancellation Order

    This cancellation order applies to Aladdin Winter Care, or any 
other product with EPA Reg. No. 11329-17.

VI. Cancellation Order

    I approve the cancellation of the above product, as well as the 
determination that from the date of this Notice, all sale, 
distribution, and use of the existing stocks of this product is 
prohibited. Accordingly, this cancellation order shall become effective 
May 25, 1994. Effective May 25, 1994, a product subject to this Notice 
may only be sold or distributed if it is both: (1) packaged, labeled, 
and released for shipment prior to May 25, 1994, and (2) sold or 
distributed (a) up through the chain of distribution to the former 
registrant of the product, or (b) for lawful disposal.

List of Subjects

    Environmental protection, Agricultural commodities, Pesticides and 
pests.

    Dated: May 16, 1994.

Daniel M. Barolo,
Acting Director, Office of Pesticide Programs.

[FR Doc. 94-12701 Filed 5-24-94; 8:45 am]
BILLING CODE 6560-50-F