98-28236. Notice of Receipt of Request to Amend Terms and Conditions of Cyanazine Registrations  

  • [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]
    
    
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     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.
    
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    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: docket@epa.gov. 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, 
    phan.loan@epamail.epa.gov.
    
    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:
    
        opp-docket@epa.gov
    
        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
    
    
    

Document Information

Published:
10/21/1998
Entry Type:
Notice
Action:
Notice.
Document Number:
98-28236
Dates:
Comments must be received on or before November 20, 1998.
Pages:
56178-56179 (2 pages)
Docket Numbers:
OPP-30000/60B, FRL-6040-2
PDF File:
98-28236.pdf