[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