[Federal Register: January 30, 2008 (Volume 73, Number 20)]
[Notices]
[Page 5561-5563]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30ja08-76]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2007-0179; FRL-8348-2]
Experimental Use Permit; Receipt of Amendment Application
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: This notice announces receipt of an application 264-EUP-140
from Bayer CropScience requesting to amend and extend the existing
experimental use permit (EUP) for the Bacillus thuringiensis Cry1Ab
protein and the genetic material necessary for its production in event
T303-3 and T304-40 cotton plants. The Agency has determined that the
application may be of regional and national significance. Therefore, in
accordance with 40 CFR 172.11(a), the Agency is soliciting comments on
this application.
DATES: Comments must be received on or before February 29, 2008.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2007-0179, by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
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Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket's normal hours of operation (8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays). Special
arrangements should be made for deliveries of boxed information. The
Docket Facility telephone number is (703) 305-5805.
Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2007-0179. EPA's policy is that all comments received will be included
in the 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 automatically captured and included as part
of the comment that is placed in the 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.
Docket: All documents in the docket are listed in the docket index
available in regulations.gov. To access the electronic docket, go to
http://www.regulations.gov, select ``Advanced Search,'' then ``Docket
Search.'' Insert the docket ID number where indicated and select the
``Submit'' button. Follow the instructions on the regulations.gov
website to view the docket index or access available documents.
Although listed in the index, some information is not publicly
available, e.g., CBI or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either in the electronic docket at http://www.regulations.gov
, or, if only available in hard copy, at the OPP
Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South Bldg.),
2777 S. Crystal Dr., Arlington, VA. The hours of operation of this
Docket Facility are from 8:30 a.m. to 4 p.m., Monday through Friday,
excluding legal holidays. The Docket Facility telephone number is (703)
305-5805.
FOR FURTHER INFORMATION CONTACT: Denise Greenway, Biopesticides and
Pollution Prevention Division (7511P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 308-8263; e-mail
address: greenway.denise@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
This action is directed to the public in general. This action may,
however, be of interest to those persons who are interested in
agricultural biotechnology or may be required to conduct testing of
pesticidal substances under the Federal Food, Drug, and Cosmetic Act
(FFDCA) or the Federal Insecticide, Fungicide, and Rodenticide Act
(FIFRA). Since other entities may also 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
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 ID 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
Bayer CropScience has requested an amendment and extension of EUP
264-EUP-140, which was first granted by EPA on February 7, 2006 and
published in the Federal Register on July 19, 2006 (71 FR 41020) (FRL-
8060-6). On March 8, 2007 this EUP was amended and published in the
Federal Register on June 20, 2007 (72 FR 34009) (FRL-8133-5). Under the
existing EUP, plantings are permitted through May 1, 2008. Bayer
CropScience is now proposing to extend the experimental program until
January 31, 2009 and to amend it by conducting testing with up to 0.018
pounds of Cry1Ab protein and the genetic material necessary for its
production in events T303-3 and T304-40 on 88.5 acres (out of 297 total
acres) planted to Cry1Ab-containing cotton. The Cry1Ab protein is
effective in controlling lepidopteran larvae such as bollworm
(Helicoverpa zea) and tobacco budworm (Heliothis virescens), which are
common pests of cotton. The proposed program will be carried out in the
States of Arizona, California, Georgia, Louisiana, Mississippi, North
Carolina, South Carolina, Texas, and Puerto Rico. The proposed
experimental program includes insect efficacy trials, and the
evaluation of herbicide efficacy, agronomic performance, and breeding
lines. Also proposed is the production of seed blocks to evaluate seed
production, dissemination, and
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dormancy, and for harvest for future experimental field trial
plantings.
III. What Action is the Agency Taking?
Following the review of the Bayer CropScience application and any
comments and data received in response to this notice, EPA will decide
whether to issue or deny the EUP amendment/extension request for this
EUP program, and if issued, the conditions under which it is to be
conducted. Any amendment/extension of this EUP will be announced in the
Federal Register.
IV. What is the Agency's Authority for Taking this Action?
The specific legal authority for EPA to take this action is under
FIFRA section 5.
List of Subjects
Environmental protection, Experimental use permits.
Dated: January 17, 2008.
W. Michael McDavit,
Acting Director, Biopesticides and Pollution Prevention Division,
Office of Pesticide Programs.
[FR Doc. E8-1412 Filed 1-29-08; 8:45 am]
BILLING CODE 6560-50-S