Chromated Copper Arsenate (CCA); Amendment to Terminate a Use, 53178-53180 [05-17530]
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53178
Federal Register / Vol. 70, No. 172 / Wednesday, September 7, 2005 / Notices
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Magalie R. Salas,
Secretary.
[FR Doc. E5–4859 Filed 9–6–05; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket No. ER02–1656–000]
California Independent System
Operator Corporation; Notice of FERC
Staff Attendance
August 29, 2005.
The Federal Energy Regulatory
Commission (Commission) hereby gives
notice that members of its staff will
attend a series of stakeholder meetings
on the California Independent System
Operator Corporation’s (CAISO) Market
Redesign and Technology Upgrade
proposal on the following dates:
August 30–September 1, 2005.
September 20–22, 2005.
October 24–28, 2005.
VerDate Aug<18>2005
15:05 Sep 06, 2005
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The meetings will be held at the
CAISO’s facility, located at 151 Blue
Ravine Road, Folsom, CA 95630.
Sponsored by the CAISO, the
meetings are open to the public, and
staff’s attendance is part of the
Commission’s ongoing outreach efforts.
The meeting may discuss matters at
issue in Docket No. ER02-1656-000.
For further information, contact
Katherine Gensler at
katherine.gensler@ferc.gov; (916) 294–
0275.
Magalie R. Salas,
Secretary.
[FR Doc. E5–4861 Filed 9–6–05; 8:45 am]
BILLING CODE 6717–01–P
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:
miller.rebecca@epa.gov.
SUPPLEMENTARY INFORMATION:
ENVIRONMENTAL PROTECTION
AGENCY
I. General Information
[OPP–2004–0266; FRL–7734–1]
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.
Chromated Copper Arsenate (CCA);
Amendment to Terminate a Use
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
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 https://
www.epa.gov/pesticides/factsheets/
chemicals/ ccalawpaljune.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
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Fmt 4703
Sfmt 4703
A. Does this Action Apply to Me?
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
E:\FR\FM\07SEN1.SGM
07SEN1
Federal Register / Vol. 70, No. 172 / Wednesday, September 7, 2005 / Notices
under the ‘‘Federal Register’’ listings at
https://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 https://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.
TABLE 2.—REGISTRATIONS WITH RE- IV. Cancellation Order
QUESTS FOR AMENDMENTS TO TERPursuant to FIFRA section 6(f), EPA
MINATE CERTAIN USES
hereby approves, through this
EPA Registration No.
Product Name
End Use Products1
003008-17
K-33-C (72%) Wood Preservative
003008-21
Special K-33 Preservative
003008-34
K-33 (60%) Wood Preservative
003008-35
K-33 (40%) Type-B Wood
Preservative
003008-36
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
TABLE 1.—REGISTRANTS REQUESTING
VOLUNTARY AMENDMENT TO TERMINATE USES OF PRODUCTS
K-33-A (50%) Wood Preservative
003008-72
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.
K-33-C (50%) Wood Preservative
003008-42
II. What Action is the Agency Taking?
Wolmanac Concentrate
60%
Manufacturing Use Products
EPA Company No.
62190
Company Name and
Address
3008
Osmose, Inc.,
980 Ellicott Street
Buffalo, NY 14209–
2398
Jkt 205001
CSI Arsenic Acid 75%
062190-7
Chemical Specialties, Inc.,
One Woodlawn
Green
Charlotte, NC 28217
15:05 Sep 06, 2005
Arsenic Acid 75%
Arsenic Acid 75%
1The
10465
VerDate Aug<18>2005
003008-66
010465-32
Arch Wood Protection, Inc.,
1955 Lake Park
Drive, Suite 250
Smyrna, GA 30080
53179
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.
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Sfmt 4703
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
E:\FR\FM\07SEN1.SGM
07SEN1
53180
Federal Register / Vol. 70, No. 172 / Wednesday, September 7, 2005 / Notices
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
VerDate Aug<18>2005
15:05 Sep 06, 2005
Jkt 205001
(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
PO 00000
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Sfmt 4703
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
ENVIRONMENTAL PROTECTION
AGENCY
[OPP–2005–0215; FRL–7731–1]
Terbacil; Notice of Filing a Pesticide
Petition to Establish a Tolerance for a
Certain Pesticide Chemical in or on
Food
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
SUMMARY: This notice announces the
initial filing of a pesticide petition
proposing the establishment of
regulations for residues of a certain
pesticide chemical in or on various food
commodities.
DATES: Comments, identified by docket
identification (ID) number OPP–2005–
0215, must be received on or before
October 7, 2005.
ADDRESSES: Comments may be
submitted electronically, by mail, or
through hand delivery/courier. Follow
the detailed instructions as provided in
Unit I. of the SUPPLEMENTARY
INFORMATION.
FOR FURTHER INFORMATION CONTACT:
Sidney Jackson, Registration Division
(7505C), Office of Pesticide Programs,
E:\FR\FM\07SEN1.SGM
07SEN1
]]>Agencies
[Federal Register Volume 70, Number 172 (Wednesday, September 7, 2005)]
[Notices]
[Pages 53178-53180]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-17530]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 https://
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: miller.rebecca@epa.gov.
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 https://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 https://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
------------------------------------------------------------------------
EPA Company No. Company Name and Address
------------------------------------------------------------------------
62190 Arch Wood Protection, Inc.,
1955 Lake Park Drive, Suite
250
Smyrna, GA 30080
-------------------------------------------
------------------------------------------------------------------------
Table 2.--Registrations With Requests for Amendments to Terminate
Certain Uses
------------------------------------------------------------------------
EPA Registration No. Product Name
------------------------------------------------------------------------
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
-------------------------------------------
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
