[Federal Register Volume 70, Number 172 (Wednesday, September 7, 2005)]
[Notices]
[Pages 53178-53180]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 05-17530]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-2004-0266; FRL-7734-1]


Chromated Copper Arsenate (CCA); Amendment to Terminate a Use

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces EPA's cancellation order granting 
amendments to terminate uses, voluntarily requested by the 
registrant(s) and accepted by the Agency, of products containing the 
pesticide Chromated Copper Arsenate (CCA), pursuant to section 6(f)(1) 
of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as 
amended. This cancellation order follows a September 8, 2004 Federal 
Register Notice of Receipt of Requests (69 FR 54278) from the CCA 
registrants to voluntarily amend their affected product registrations 
to terminate the use ``members out of water and not subject to salt 
water [or brackish water] splash, and not in soil use,'' as currently 
stated under American Wood Preservers' Association (AWPA) Standard C18 
(Wood for Marine Construction). The registrants requested that these 
use terminations become effective December 31, 2004. For further 
information, please refer to the CCA guidance document at http://www.epa.gov/pesticides/factsheets/chemicals/ cca--awpa--june.pdf. In 
the September 8, 2004 Notice, EPA indicated that it intended to issue a 
cancellation order implementing the amendments to terminate the use. 
All affected CCA registrants waived the 180-day comment period (i.e., 
any comment period in excess of 30 days). Accordingly, EPA hereby 
issues in this notice a cancellation order granting the requested 
amendments to terminate the uses. Any distribution, sale, or use of the 
CCA products subject to this cancellation order is permitted only in 
accordance with the terms of this cancellation order, including any 
existing stocks provisions.

DATES: The cancellations are effective September 7, 2005.

FOR FURTHER INFORMATION CONTACT: Rebecca Miller, Antimicrobials 
Division (7510C), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (703) 305-0012; fax number: (703) 308-8481; e-
mail address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    This action is directed to the public in general, and may be of 
interest to a wide range of stakeholders including environmental, human 
health, and agricultural advocates; the chemical industry; pesticide 
users; and members of the public interested in the sale, distribution, 
or use of pesticides. Since others also may be interested, the Agency 
has not attempted to describe all the specific entities that may be 
affected by this action. If you have any questions regarding the 
applicability of this action to a particular entity, consult the person 
listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Copies of this Document and Other Related Information?

    1. Docket. EPA has established an official public docket for this 
action under docket identification (ID) number OPP-2004-0266. The 
official public docket consists of the documents specifically 
referenced in this action, any public comments received, and other 
information related to this action. Although a part of the official 
docket, the public docket does not include Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. The official public docket is the collection of materials 
that is available for public viewing at the Public Information and 
Records Integrity Branch (PIRIB), Rm. 119, Crystal Mall 2, 
1801 S. Bell St., Arlington, VA. This docket facility is open from 8:30 
a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The 
docket telephone number is (703) 305-5805.
    2. Electronic access. You may access this Federal Register document 
electronically through the EPA Internet

[[Page 53179]]

under the ``Federal Register'' listings at http://www.epa.gov/fedrgstr/
.
    An electronic version of the public docket is available through 
EPA's electronic public docket and comment system, EPA Dockets. You may 
use EPA Dockets at http://www.epa.gov/edocket/ to view public comments, 
access the index listing of the contents of the official public docket, 
and to access those documents in the public docket that are available 
electronically. Although not all docket materials may be available 
electronically, you may still access any of the publicly available 
docket materials through the docket facility identified in Unit I.B.1. 
Once in the system, select ``search,'' then key in the appropriate 
docket ID number.

II. What Action is the Agency Taking?

    This notice announces issuance of a cancellation order granting 
amendments to terminate certain uses on pesticide products containing 
CCA that are registered under section 3 of FIFRA. The use terminations 
requested by the registrants affect ``members out of water and not 
subject to salt water [or brackish water] splash, and not in soil 
use,'' as currently stated under American Wood Preservers' Association 
(AWPA) Standard C18 (Wood for Marine Construction). The affected 
registrations are listed in sequence by registration number in Table 2 
of this unit.

 Table 1.--Registrants Requesting Voluntary Amendment to Terminate Uses
                               of Products
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              EPA Company No.                 Company Name and Address
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62190                                       Arch Wood Protection, Inc.,
                                            1955 Lake Park Drive, Suite
                                             250
                                            Smyrna, GA 30080
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    Table 2.--Registrations With Requests for Amendments to Terminate
                              Certain Uses
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           EPA Registration No.                     Product Name
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                           End Use Products\1\
------------------------------------------------------------------------
003008-17                                   K-33-C (72%) Wood
                                             Preservative
-------------------------------------------
003008-21                                   Special K-33 Preservative
-------------------------------------------
003008-34                                   K-33 (60%) Wood Preservative
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003008-35                                   K-33 (40%) Type-B Wood
                                             Preservative
-------------------------------------------
003008-36                                   K-33-C (50%) Wood
                                             Preservative
-------------------------------------------
003008-42                                   K-33-A (50%) Wood
                                             Preservative
-------------------------------------------
003008-72                                   Osmose Arsenic Acid 75%
-------------------------------------------
010465-26                                   CCA Type-C Wood Preservative
                                             50%
-------------------------------------------
010465-28                                   CCA Type-C Wood Preservative
                                             60%
-------------------------------------------
010465-32                                   CSI Arsenic Acid 75%
-------------------------------------------
062190-2                                    Wolmanac Concentrate 50%
-------------------------------------------
062190-8                                    Wolmanac Concentrate 72%
-------------------------------------------
062190-14                                   Wolmanac Concentrate 60%
-------------------------------------------
                       Manufacturing Use Products
------------------------------------------------------------------------
003008-66                                   Arsenic Acid 75%
-------------------------------------------
010465-32                                   CSI Arsenic Acid 75%
-------------------------------------------
062190-7                                    Arsenic Acid 75%
------------------------------------------------------------------------
\1\The September 8, 2004 Federal Register notice mistakenly referenced
  these products as ``experimental use permit`` products. This clerical
  error did not affect the efficacy of that notice or this action in any
  way. That erroneous reference is hereby corrected by this footnote.

III. Summary of Public Comments Received and Agency Response to 
Comments

    During the public comment period provided, EPA received no comments 
in response to the September 8, 2004 Federal Register notice announcing 
the Agency's receipt of the requests for voluntary cancellations and/or 
amendments to terminate certain uses of CCA.

IV. Cancellation Order

    Pursuant to FIFRA section 6(f), EPA hereby approves, through this 
cancellation order, the requested amendments to terminate certain uses 
of CCA registrations identified in Table 2 of Unit II. Accordingly, the 
Agency orders that the CCA product registrations identified in Table 2 
of Unit II. are herby amended to terminate the affected uses.
    The affected products must bear the following label language in 
order to be in compliance with this order:

Revised Language End Use Product (EUP)

    This product may only be used for preservative treatment of the 
following categories of forest products and in accordance with the 
respective cited standard (noted parenthetically) of the 2001 
edition of the American Wood-Preservers' Association (AWPA) 
Standards: Lumber and Timber for Salt Water Use Only (C2), Piles 
(C3), Poles (C4), Plywood(C9), Wood for Highway Construction (C14), 
Round, Half Round and Quarter Round Fence Posts (C16), Poles, Piles 
and Posts Used as Structural Members on Farms, and Plywood Used on 
Farms (C16), Wood for Marine Construction (C18), Lumber and Plywood 
for Permanent Wood Foundations(C22), Round Poles and Posts Used in 
Building Construction (C23), Sawn Timber Used To Support Residential 
and Commercial Structures (C24), Sawn Crossarms (C25), Structural 
Glued Laminated Members and Laminations Before Gluing (C28), 
Structural Composite Lumber (C33), and Shakes and Shingles (C34); 
and in accordance with the respective cited standard (noted 
parenthetically) of the 2002 edition of the American Wood-
Preservers' Association Standards: Lumber, Timbers and Plywood for 
Cooling Towers (C30). Forest products treated with this product may 
only be sold or distributed for uses within the AWPA Commodity 
Standards under which the treatment occurred.
    Effective December 31, 2004, this product may only be used for 
preservative treatment of the following categories of forest 
products and in accordance with the respective cited standard (noted 
parenthetically) of the 2001 edition of the American Wood-
Preservers' Association (AWPA) Standards: Lumber and Timber for Salt 
Water Use (also includes brackish water) Only (C2), Piles (C3), 
Poles (C4), Plywood(C9), Wood for Highway Construction (C14), Round, 
Half Round and Quarter Round Fence Posts (C16), Poles, Piles and 
Posts Used as Structural Members on Farms, and Plywood Used on Farms 
(C16), Wood for Marine Construction for Salt Water Use (also 
includes brackish water)(immersion and/or subject to saltwater (or 
brackish water) splash [``subject to saltwater (or brackish water) 
splash'' means any member of a marine structure which is positioned 
above mean high tide, but is subject to frequent wetting from wave 
action], [Pilings (sheet, round and square), Timbers, and Plywood; 
Walers, Framing, Stringers and Cross Bracing (2" x 8" and/or 3" x 6" 
and

[[Page 53180]]

larger nominal dimensions and treated to a minimum of 0.60 pcf) 
(C18), Lumber and Plywood for Permanent Wood Foundations (C22), 
Round Poles and Posts Used in Building Construction(C23), Sawn 
Timber Used To Support Residential and Commercial Structures(C24), 
Sawn Crossarms (C25), Structural Glued Laminated Members and 
Laminations Before Gluing (C28), Structural Composite Lumber (C33), 
and Shakes and Shingles (C34); and in accordance with the respective 
cited standard (noted parenthetically) of the 2002 edition of the 
American Wood-Preservers' Association Standards: Lumber, Timbers and 
Plywood for Cooling Towers (C30). Forest products treated with this 
product may only be sold or distributed for uses within the AWPA 
Commodity Standards under which the treatment occurred, except where 
otherwise provided above.

Revised Language Manufacturing Use Product (MUP)

    This product may only be used (1) for formulation of the 
following end-use wood preservative products: Ammoniacal copper zinc 
arsenate (ACZA) or chromated copper arsenate (CCA) labeled in 
accordance with the Directions for Use shown below, or (2) by 
persons other than the registrant, in combination with one or more 
other products to make: ACZA wood preservative; or CCA wood 
preservative that is used in accordance with the Directions for Use 
shown below.
    This product may only be used for preservative treatment of the 
following categories of forest products and in accordance with the 
respective cited standard (noted parenthetically) of the 2001 
edition of the American Wood-Preservers' Association (AWPA) 
Standards: Lumber and Timber for Salt Water Use Only (C2), Piles 
(C3), Poles (C4), Plywood(C9), Wood for Highway Construction (C14), 
Round, Half Round and Quarter Round Fence Posts (C16), Poles, Piles 
and Posts Used as Structural Members on Farms, and Plywood Used on 
Farms (C16), Wood for Marine Construction (C18), Lumber and Plywood 
for Permanent Wood Foundations(C22), Round Poles and Posts Used in 
Building Construction (C23), Sawn Timber Used To Support Residential 
and Commercial Structures (C24), Sawn Crossarms (C25), Structural 
Glued Laminated Members and Laminations Before Gluing (C28), 
Structural Composite Lumber (C33), and Shakes and Shingles (C34); 
and in accordance with the respective cited standard (noted 
parenthetically) of the 2002 edition of the American Wood-
Preservers' Association Standards: Lumber, Timbers and Plywood for 
Cooling Towers (C30). Forest products treated with this product may 
only be sold or distributed for uses within the AWPA Commodity 
Standards under which the treatment occurred.
    Effective December 31, 2004, this product may only be used for 
preservative treatment of the following categories of forest 
products and in accordance with the respective cited standard (noted 
parenthetically) of the 2001 edition of the American Wood-
Preservers' Association (AWPA) Standards: Lumber and Timber for Salt 
Water Use (also includes brackish water) Only (C2), Piles (C3), 
Poles (C4), Plywood(C9), Wood for Highway Construction (C14), Round, 
Half Round and Quarter Round Fence Posts (C16), Poles, Piles and 
Posts Used as Structural Members on Farms, and Plywood Used on Farms 
(C16), Wood for Marine Construction for Salt Water Use (also 
includes brackish water)(immersion and/or subject to saltwater (or 
brackish water) splash [``subject to saltwater (or brackish water) 
splash'' means any member of a marine structure which is positioned 
above mean high tide, but is subject to frequent wetting from wave 
action], [Pilings (sheet, round and square), Timbers, and Plywood; 
Walers, Framing, Stringers and Cross Bracing (2" x 8" and/or 3" x 6" 
and larger nominal dimensions and treated to a minimum of 0.60 pcf) 
(C18), Lumber and Plywood for Permanent Wood Foundations (C22), 
Round Poles and Posts Used in Building Construction(C23), Sawn 
Timber Used To Support Residential and Commercial Structures(C24), 
Sawn Crossarms (C25), Structural Glue Laminated Members and 
Laminations Before Gluing (C28), Structural Composite Lumber (C33), 
and Shakes and Shingles (C34); and in accordance with the respective 
cited standard (noted parenthetically) of the 2002 edition of the 
American Wood-Preservers' Association Standards: Lumber, Timbers and 
Plywood for Cooling Towers (C30). Forest products treated with this 
product may only be sold or distributed for uses within the AWPA 
Commodity Standards under which the treatment occurred, except where 
otherwise provided above.
    Furthermore, any distribution, sale, or use of existing stocks of 
the products identified in Table 2 of Unit II. in a manner inconsistent 
with any of the Provisions for Disposition of Existing Stocks set forth 
below in Unit VI. will be considered a violation of FIFRA.

V. What is the Agency's Authority for Taking this Action?

    Section 6(f)(1) of FIFRA provides that a registrant of a pesticide 
product may at any time request that any of its pesticide registrations 
be canceled or amended to terminate one or more uses. FIFRA further 
provides that, before acting on the request, EPA must publish a notice 
of receipt of any such request in the Federal Register. Thereafter, 
following the public comment period, the Administrator may approve such 
a request.

VI. Provisions for Disposition of Existing Stocks

    Existing stocks are those stocks of registered pesticide products 
which are currently in the United States and which were packaged, 
labeled, and released for shipment prior to the effective date of the 
cancellation action. The cancellation order issued in this Notice 
includes the following existing stocks provisions.
    The registrants of affected CCA products requested that the 
voluntary use terminations become effective December 31, 2004, with no 
provisions for existing stocks. Consequently, the Agency is not 
allowing for any existing stocks provisions for those affected products 
in the hands of the registrant on or after the effective date of the 
use terminations. Any sale, distribution, or use of those affected 
products on or after the effective date of this cancellation order is 
prohibited. This refers to CCA product labels that bear the C18 Marine 
Use, ``members out of water and not subject to saltwater [or brackish 
water] splash and not in soil use,'' and which do not bear labeling 
consistent with that set forth in Unit IV. above. Sale, distribution or 
use of the stocks in the channels of trade by persons other than the 
registrant may continue until depleted, provided any sale, distribution 
or use is in accordance with the existing label of that product.

List of Subjects

    Environmental protection, Pesticides and pests, Chromated Copper 
Arsenate, CCA, and Treated Wood.

    Dated: August 25, 2005.
Frank Sanders,
Acting Director, Antimicrobials Division, Office of Pesticide Programs.
[FR Doc. 05-17530 Filed 9-6-05; 8:45 am]
BILLING CODE 6560-50-S