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cyanazine (Bladex) Cancellation Order 12/99

[Federal Register: January 6, 2000 (Volume 65, Number 4)]
[Page 771-773]
>From the Federal Register Online via GPO Access []



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

Cyanazine; Cancellation Order

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


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.
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:

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

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:// 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://
    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
    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]