

[Federal Register: March 8, 2006 (Volume 71, Number 45)]
[Notices]               
[Page 11622-11624]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr08mr06-82]                         

-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2005-0497; FRL-7764-3]

 
Propiconazole; Notice of Receipt of Request(s) to Amend to 
Terminate Uses of Certain Pesticide Registrations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY:  In accordance with section 6(f)(1) of the Federal 
Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended, EPA is 
issuing a notice of receipt of requests by registrants to voluntarily 
amend their registrations to terminate uses of certain products 
containing the pesticide propiconazole. The requests would terminate 
propiconazole use in or on apparel, furnishings (except shower 
curtains), and carpet fiber. The requests would not terminate the last 
propiconazole products registered for use in the U.S. EPA intends to 
grant these requests at the close of the comment period for this 
announcement unless the Agency receives substantive comments within the 
comment period that would merit its further review of the requests, or 
unless the registrants withdraw their requests within this period. Upon 
acceptance of these requests, any sale, distribution, or use of 
products listed in this notice will be permitted only if such sale, 
distribution, or use is consistent with the terms as described in the 
final order.

DATES: Comments must be received on or before April 7, 2006.

ADDRESSES:  Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2005-0497, by one of the following methods:
     http://www.regulations.gov/. Follow the on-line 

instructions for submitting comments.
     Mail: Public Information and Records Integrity Branch 
(PIRIB) (7502C), Office of Pesticide Programs (OPP), Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001.
     Hand Delivery: Public Information and Records Integrity 
Branch (PIRIB) (7502C), Office of Pesticide Programs (OPP), 
Environmental Protection Agency, Rm. 119, Crystal Mall 2, 1801 
S. Bell St., Arlington, VA, Attention: Docket ID number EPA-HQ-OPP-
2005-0497. The docket facility is open from 8:30 a.m. to 4 p.m., Monday 
through Friday, excluding legal holidays. The telephone number for the 
docket facility is (703) 305-5805. Such deliveries are only accepted 
during the Docket's normal hours of operation, and special arrangements 
should be made for deliveries of boxed information.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2005-0497. EPA's policy is that all comments received will be included 
in the public docket without change and may be made available on-line 
at http://www.regulations.gov/, including any personal information 

provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The regulations.gov website is an ``anonymous access'' system, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through regulations.gov, 
your e-mail address will be captured automatically and included as part 
of the comment that is placed in the public docket and made available 
on the Internet. If you submit an electronic comment, EPA recommends 
that you include your name and other contact information in the body of 
your comment and with any disk or CD ROM you submit. If EPA cannot read 
your comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses. For additional 
information about EPA's public docket, visit the EPA Docket Center 
homepage at http://www.epa.gov/epahome/docket.htm/.

    Docket: All documents in the docket are listed in the 
regulation.gov index. Although listed in the index, some information is 
not publicly available, i.e., CBI or other information whose disclosure 
is restricted by statute. Certain other material, such as copyrighted 
material, will be publicly available only in hard copy. Publicly 
available docket materials are available either electronically at 
http://www.regulations.gov/ or in hard copy at the Public Information 

and Records Integrity Branch (PIRIB) (7502C), Office of Pesticide 
Programs (OPP), Environmental Protection Agency, Rm. 119, Crystal Mall 
2, 1801 S. Bell St., Arlington, VA. The docket facility is 
open from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal 
holidays. The telephone number for the docket facility is (703) 305-
5805.

FOR FURTHER INFORMATION CONTACT:  Stacey Grigsby, Antimicrobials 
Division (7510C), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (703) 305-6440; fax number: (703)308-6467; e-
mail address: grigsby.stacey@epa.gov. or Christina Scheltema, Special 
Review and Reregistration Division (7508C), Office of Pesticide 
Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 308-2201; fax 
number: (703)308-8005; e-mail address: scheltema.christina@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

[[Page 11623]]

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. What Should I Consider as I Prepare My Comments for EPA?

     1.  Submitting CBI. Do not submit this information to EPA through 
http://www.regulations.gov or e-mail. Clearly mark the part or all of the 

information that you claim to be CBI. For CBI information in a disk or 
CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as 
CBI and then identify electronically within the disk or CD ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    2.  Tips for preparing your comments. When submitting comments, 
remember to:
    i. Identify the document by docket number and other identifying 
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information 
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    vi. Provide specific examples to illustrate your concerns, and 
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period 
deadline identified.

II. Background on the Receipt of Requests to Amend Registrations to 
Delete Uses

    This notice announces receipt by EPA of requests from registrants 
Janssen Pharmaceutica Inc. and Syngenta Crop Protection Inc. to amend 
product registrations to terminate certain antimicrobial uses of 
propiconazole as a material preservative. In letters dated January 27 
and January 30, 2006, respectively, Janssen and Syngenta requested the 
voluntary termination of certain uses of pesticide product 
registrations identified in this notice. Specifically, these 
registrants have requested that EPA terminate use of propiconazole on 
apparel (including aprons, bibs, dresses, footwear, gloves, gowns, 
hosiery, intimate apparel, linings, shirts, sports apparel, and 
uniforms); furnishings (except shower curtains) (including blankets, 
cloths, curtains, draperies, furniture coverings, linens, mattress and 
pillow ticking, mattress pads, and napkins); and carpet fiber. The 
registrants are no longer supporting these uses and wish to have them 
removed from all product labels. The registrants will be retaining use 
of propiconazole in carpet backing, shower curtains, and all other uses 
associated with the product registrations listed in Table 1 of Unit 
III.

III. What Action is the Agency Taking?

    This notice announces receipt by EPA of requests from registrants 
to amend product registrations to terminate certain uses of 
propiconazole product registrations listed above. The affected products 
and the registrants making the requests are identified in Tables 1 and 
2 of this unit.
    Under section 6(f)(1)(A) of FIFRA, registrants may request, at any 
time, that their pesticide registrations be canceled or amended to 
terminate one or more pesticide uses. Section 6(f)(1)(B) of FIFRA 
requires that before acting on a request for voluntary cancellation, 
EPA must provide a 30-day public comment period on the request for 
voluntary cancellation or use termination. In addition, section 
6(f)(1)(C) of FIFRA requires that EPA provide a 180-day comment period 
on a request for voluntary cancellation or termination of any minor 
agricultural use before granting the request, unless:
    1. The registrants request a waiver of the comment period, or
    2. The Administrator determines that continued use of the pesticide 
would pose an unreasonable adverse effect on the environment.
    The propiconazole registrants have requested that EPA waive the 
180-day comment period. EPA will provide a 30-day comment period on the 
proposed requests.
    Unless a request is withdrawn by the registrant within 30 days of 
publication of this notice, or if the Agency determines that there are 
substantive comments that warrant further review of this request, an 
order will be issued amending the affected product registrations.

 Table 1.--Propiconazole Product Registrations with Pending Requests for
                                Amendment
------------------------------------------------------------------------
        Registration No.             Product name           Company
------------------------------------------------------------------------
43813-16                          WOCOSEN 250 EC      Janssen
                                                       Pharmaceutica
                                                       Inc.
------------------------------------------------------------------------
43813-19                          WOCOSEN 100 SL      Janssen
                                                       Pharmaceutica
                                                       Inc.
------------------------------------------------------------------------
43813-37                          WOCOSEN 500 SL      Janssen
                                                       Pharmaceutica
                                                       Inc.
------------------------------------------------------------------------
43813-41                          WOCOSEN 150 EC      Janssen
                                                       Pharmaceutica
                                                       Inc.
------------------------------------------------------------------------
43813-43                          WOCOSEN 450 EC      Janssen
                                                       Pharmaceutica
                                                       Inc.
------------------------------------------------------------------------
100-1233                          PROPI-Shield        Syngenta Crop
                                                       Protection Inc.
------------------------------------------------------------------------

    Table 2 of this unit includes the names and addresses of record for 
the registrants of the products listed in Table 1 of this unit.

[[Page 11624]]



                                                       Table 2.--Registrants Requesting Amendments
--------------------------------------------------------------------------------------------------------------------------------------------------------
                 EPA Company No.                                                          Company name and address
--------------------------------------------------------------------------------------------------------------------------------------------------------
43813                                                      Janssen Pharmaceutica Inc. Plant and Material Protection Division1125 Trenton-Harbourton Road
                                                                                                                               Titusville, NJ 08560-0200
--------------------------------------------------------------------------------------------------------------------------------------------------------
100                                                                                 Syngenta Crop Protection Inc. PO Box 18300 Greensboro, NC 27419-8300
--------------------------------------------------------------------------------------------------------------------------------------------------------

IV. 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.

V. Procedures for Withdrawal of Request and Considerations for 
Reregistration of Propiconazole

    Registrants who choose to withdraw a request for cancellation must 
submit such withdrawal in writing to the person listed under FOR 
FURTHER INFORMATION CONTACT, postmarked before April 7, 2006. This 
written withdrawal of the request for cancellation will apply only to 
the applicable FIFRA section 6(f)(1) request listed in this notice. If 
the products have been subject to a previous cancellation action, the 
effective date of cancellation and all other provisions of any earlier 
cancellation action are controlling.

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. If the request for use termination is granted as 
discussed above, the Agency intends to issue a cancellation order that 
will allow the registrant to continue to sell and distribute existing 
stocks of products bearing old labeling for 18 months after the date of 
the use termination order. Persons other than the registrant may 
continue to sell and/or use existing stocks of cancelled products until 
such stocks are exhausted, provided that such use is consistent with 
the terms of the previously approved labeling on, or that accompanied, 
the cancelled product. The order will specifically prohibit any use of 
existing stocks that is not consistent with such previously approved 
labeling. If, as the Agency currently intends, the final cancellation 
order contains the existing stocks provision just described, the order 
will be sent only to the affected registrants of the cancelled 
products. If the Agency determines that the final cancellation order 
should contain existing stocks provisions different than the ones just 
described, the Agency will publish the cancellation order in the 
Federal Register.

List of Subjects

    Environmental protection, Pesticides and pests, Propiconazole.

     February 28, 2006.
Debra Edwards,
Director, Special Review and Reregistration Division, Office of 
Pesticide Programs.
[FR Doc. E6-3228 Filed 3-7-06; 8:45 am]

BILLING CODE 6560-50-S
