[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]


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ENVIRONMENTAL PROTECTION AGENCY

OPP-30000/46C; FRL-6486-7


Cyanazine; Cancellation Order

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

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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 Bladex 4L 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