[Federal Register Volume 63, Number 203 (Wednesday, October 21, 1998)]
[Notices]
[Pages 56178-56179]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-28236]


=======================================================================
-----------------------------------------------------------------------

 ENVIRONMENTAL PROTECTION AGENCY

[OPP-30000/60B; FRL-6040-2]


Notice of Receipt of Request to Amend Terms and Conditions of 
Cyanazine Registrations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: Dupont Agricultural Products (``DuPont'') and Griffin 
Corporation (``Griffin'') have requested amendment to the terms and 
conditions of their registrations and cancellation orders for the 
cyanazine registrations. The registrations are currently being phased 
out according to the terms and conditions proposed by Dupont and 
subsequently agreed to by Griffin and accepted by EPA. These terms and 
conditions were the basis for concluding the Special Review of 
cyanazine. This notice announces EPA's proposed decision to grant the 
registrants' request to further amend the terms and conditions of their 
cyanazine registrations and voluntary cancellation orders to reflect a 
maximum use rate of 3.0 lb/acre in 1999, instead of 1.0 lb/acre, as 
previously agreed. The adjustment in the seasonal use rate for 1999 is 
in response to atypical weather patterns during the 1998 growing season 
that resulted in less cyanazine being used than originally anticipated. 
EPA's proposed decision to grant this request is subject to 40 CFR 
154.35 because the agreement to phase out cyanazine usage and 
ultimately cancel the registrations was the basis for the Agency's 
conclusion of the Special Review. EPA proposes to grant this request 
because it is a proper response to special weather conditions, it will 
not disturb the original cancellation order that phases out cyanazine 
use by 2002 since there will be no increase in use over the use allowed 
with the original existing stocks provisions, and the balance between 
risks and benefits of cyanazine will be maintained.

DATES: Comments must be received on or before November 20, 1998.

  ADDRESSES: By mail, submit written comments to: Public Information 
and Records Integrity Branch, Information Resources and Services 
Division (7502C), Office of Pesticide Programs, Environmental 
Protection Agency, 401 M St., SW., Washington, DC 20460. In person, 
bring a copy of the comment to: Rm. 119, Crystal Mall #2, 1921 
Jefferson Davis Hwy., Arlington, VA.
     Comments and data may also be submitted electronically to: opp-
[email protected]. Follow the instructions under Unit II. of this 
document. No Confidential Business Information (CBI) should be 
submitted through e-mail.
    Information submitted as a comment concerning this document may be 
claimed confidential 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. A copy of the comment that 
does not contain CBI must be submitted for inclusion in the public 
record. Information not marked confidential will be included in the 
public docket by EPA without prior notice. The public docket is 
available for public inspection in Rm. 119 at the Virginia address in 
this unit, from 8:30 a.m. to 4 p.m., Monday through Friday, excluding 
legal holidays.

FOR FURTHER INFORMATION CONTACT: By mail: Loan Phan, Office of 
Pesticide Programs (7508C), Environmental Protection Agency, 401 M St., 
SW., Washington, DC 20460. Office location for commercial courier 
delivery, telephone number, and e-mail address: Rm. 679, Crystal Mall 
#2, 1921 Jefferson Davis Hwy., Arlington, VA, (703) 308-8059, 
[email protected].

SUPPLEMENTARY INFORMATION:

 I. Background

     Cyanazine is the common name for [2-((4-chloro-6-(ethylamino)-s-
triazine-2-yl)amino)-2-methylpropionitrile], an herbicide.
     A Special Review of cyanazine was initiated in November 1994 (58 
FR 60412, November 23, 1994) (FRL-4919-5), based on cancer risk 
concerns to humans. In August 1995, Dupont voluntarily proposed to 
amend its cyanazine registrations to effectively phase out all use of 
cyanazine products by December 31, 2002. Dupont modified the labels of 
cyanazine formulated end use products released for shipment by the 
registrant after July 25, 1996, to specify the maximum application 
rates during the phase out and to inform the public of the existing 
stocks provisions.

[[Page 56179]]

After EPA initiated the Special Review of cyanazine, Griffin filed an 
application to register certain cyanazine pesticide products and 
subsequently agreed to the same terms and conditions of registration 
that were proposed by Dupont. In July 1996, EPA accepted Dupont's 
proposal, and Griffin's agreement, to amend their cyanazine 
registrations, including voluntary cancellation effective December 31, 
1999. EPA subsequently concluded the Special Review of cyanazine (61 FR 
39023, July 25, 1996) (FRL-5385-7) because all registrations were being 
phased out and ultimately canceled, and EPA determined that the risks 
from additional use during the phase-out period did not outweigh the 
benefits of use during that time.
    Overall production of cyanazine has declined significantly since 
EPA accepted Dupont's and Griffin's amendments to the terms and 
conditions of their registrations. In 1994, at the time of the issuance 
of the PD1, EPA estimated that as much as 34 million pounds of 
cyanazine active ingredient were produced. In 1995, the year of the 
voluntary amendments, including the agreement to phase out cyanazine, 
production decreased to approximately 23 million pounds. Production 
continued to decrease to 20 million pounds in 1997. There was no 
production of cyanazine technical in 1998.
     On September 23, 1998, Dupont requested a change to the terms and 
conditions of its cyanazine registration (as established in the 
cancellation order, 61 FR 39023). The Agency believes Dupont's request 
for a change in use rate for the 1999 growing season will not disturb 
the Agency's conclusion in 61 FR 39023 that risks associated with the 
voluntary phase out and cancellation are outweighed by its benefits. 
Cyanazine technical production ceased in June 1997; the last batch of 
formulated product was produced in August 1998. Thus, the amount of 
existing stocks being used during the phase out remains the same, and 
the cumulative usage of cyanazine from 1998-2002 also remains the same. 
According to Dupont, total sales of cyanazine in 1998 were 
approximately 3 million pounds less than what was initially projected, 
due to adverse weather conditions. Allowing the increased use rate only 
for the 1999 growing season is expected to result in use of this 
surplus cyanazine product, but will not result in any net gains in 
overall usage allowed during the phase-out period, since the 1998 
projected use rates were lower than expected.
     Cyanazine is effective only on cotton when applied at the 1.0 lb/
acre use rate. At a use rate of 3.0 lb/acre, cyanazine is an effective 
herbicide control on sweet corn. Allowing the use rate to increase to 
3.0 lb/acre for the 1999 growing season will provide sweet corn growers 
with use of cyanazine for this additional year, and will effectively 
use these surplus stocks, preventing the need for disposal of excess 
product. There should be no increase in overall risk, since the amount 
of existing stock used during the phase-out period remains the same, 
and since any increased exposure in 1999 is offset by the decreased 
exposure in 1998.
     There will be no extension of the end use date in the year 2002. 
The use rate will return to 1.0 lb/acre on January 1, 2000, thus 
adhering to the phase- out schedule described in the original 
cancellation order. Both Dupont, and thereafter, Griffin, will amend 
the terms and conditions of their registrations, issue supplemental 
labels amending the use rate only for 1999, and will ensure that all 
product users receive such labels.
     Accordingly, if the Agency receives no compelling comments 
objecting to this proposal, EPA proposes to grant the registrants' 
request to amend the terms and conditions of their cyanazine 
registration and Cancellation Order. Because the agreement to phase out 
cyanazine usage was the basis for the Agency's conclusion of the 
Special Review, the Agency is soliciting public comment pursuant to 40 
CFR 154.35 on this proposed decision to grant the registrants' request.

 II. Public Docket and Electronic Submissions

    The official record for this notice, as well as the public version, 
has been established for this notice under docket control number OPP-
30000/60B. A public version of this record, includes this notice and 
any other notices associated with the cyanazine Special Review and 
EPA's decision to terminate the cyanazine Special Review (including any 
comments and data submitted electronically). The public version of this 
record, including printed, paper versions of electronic comments, which 
does not include any information claimed as CBI, is available for 
inspection from 8:30 a.m. to 4 p.m., Monday through Friday, excluding 
legal holidays. The official record is located at the Virginia address 
in ``ADDRESSES'' at the beginning of this document.
    Electronic comments may be sent directly to EPA at:

    [email protected]

    Electronic comments must be submitted as an ASCII file avoiding the 
use of special characters and any form of encryption. Comments and data 
will also be accepted on disks in WordPerfect 5.1/6.1 or ACSII file 
format. All comments and data in electronic form must be identified by 
the docket control number OPP-30000/60B. Electronic comments on this 
notice may be filed online at many Federal Depository Libraries.

 List of Subjects

    Environmental protection, Chemicals, Pesticides and pests

    Dated: October 14, 1998.

Jack E. Housenger,

Acting Director, Special Review and Reregistration Division, Office of 
Pesticide Progams.

[FR Doc. 98-28236 Filed 10-20-98; 8:45 am]
BILLING CODE 6560-50-F