[Federal Register Volume 74, Number 188 (Wednesday, September 30, 2009)]
[Notices]
[Pages 50183-50185]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-23587]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2009-0608; FRL-8433-1]
Pesticide Experimental Use Permit; Receipt of Application;
Comment Request
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: This notice announces EPA's receipt of an application 67979-
EUP-I from Syngenta Seeds Inc. requesting an experimental use permit
(EUP) for the plant-incorporated protectant (PIP) [Event 5307] Bacillus
thuringiensis eCry3.1Ab protein and the genetic material necessary for
its production (vector pSYN12274) in event 5307 corn (SYN-
[Oslash]53[Oslash]7-1) and combined trait hybrids with one or more of
the following additional PIPs: 1) [Bt11] Bacillus thuringiensis Cry1Ab
delta-endotoxin and the genetic material (as contained in plasmid
vector pZO1502) necessary for its production in corn, 2) [DAS-59122-7]
Bacillus thuringiensis Cry34Ab1 and Cry35Ab1 proteins and the genetic
material (vector PHP 17662) necessary for their production in Event
DAS-59122-7 corn, 3) [MIR162] Bacillus thuringiensis Vip3Aa20 and the
genetic material necessary for its production (vector pNOV1300) in
event MIR162 maize (SYN-IR162-4), 4) [MIR604] Modified Cry3A protein
and the genetic material necessary for its production (via elements of
pZM26) in corn (SYN-IR604-8), and 5) [TC1507] Bacillus thuringiensis
Cry1F protein and the genetic material (vector PHP8999) for its
production in Event TC1507 corn. The Agency has determined that the
permit 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 October 30, 2009.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2009-0608, 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.
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 Facility'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-
2009-0608. 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
[[Page 50184]]
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 at http://www.regulations.gov. 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: Mike Mendelsohn, Biopesticides and
Pollution Prevention Division (7511P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 308-8715; e-mail
address: [email protected].
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 interested in agricultural
biotechnology or those who are or may be required to conduct testing of
chemical 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.
3. Environmental justice. EPA seeks to achieve environmental
justice, the fair treatment and meaningful involvement of any group,
including minority and/or low income populations, in the development,
implementation, and enforcement of environmental laws, regulations, and
policies. To help address potential environmental justice issues, the
Agency seeks information on any groups or segments of the population
who, as a result of their location, cultural practices, or other
factors, may have atypical or disproportionately high and adverse human
health impacts or environmental effects from exposure to the
pesticide(s) discussed in this document, compared to the general
population.
II. What Action is the Agency Taking?
Under section 5 of FIFRA, 7 U.S.C. 136c, EPA can allow
manufacturers to field test pesticides under development. Manufacturers
are required to obtain an EUP before testing new pesticides or new uses
of pesticides if they conduct experimental field tests on 10 acres or
more of land or one acre or more of water.
In accordance with 40 CFR 172.11(a), the Agency has determined that
the following EUP application may be of regional and national
significance, and therefore is seeking public comment on the EUP
application:
Submitter: Syngenta Seeds Inc., (67979-EUP-I).
Pesticide Chemical: [Event 5307] Bacillus thuringiensis eCry3.1Ab
protein and the genetic material necessary for its production (vector
pSYN12274) in event 5307 corn (SYN-[Oslash]53[Oslash]7-1).
Summary of Request: The 67979-EUP-I application is for 6,889 acres
of Event 5307 and combined trait hybrid PIPs corn as described under
SUMMARY, 2,606 acres of non-PIP corn, and 2,951 acres of border rows
for a total of 12,446 acres during the 2010 growing season. During the
2011 growing season, 6,835 acres of Event 5307 and combined trait
hybrid PIPs corn, 2,584 acres of non-PIP corn, and 2,919 acres of
border rows for a total of 12,338 acres are proposed.
Five trial protocols will be conducted, including:
Breeding and observation.
Efficacy evaluation.
Agronomic observation.
Inbred and sample hybrid seed production.
Regulatory studies.
States and Commonwealth involved include: Arkansas, California,
Colorado, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa,
Kansas, Kentucky, Louisiana, Maryland, Michigan, Minnesota,
Mississippi, Missouri, Nebraska, New York, North Carolina, Ohio,
Oklahoma, Puerto Rico, South Carolina, South Dakota, Texas, Washington,
and Wisconsin.
A copy of the application and any information submitted is
available for public review in the docket established for this EUP
application as described under ADDRESSES.
Following the review of the application and any comments and data
received in response to this solicitation, EPA will decide whether to
issue or deny the EUP request, and if issued, the conditions under
which it is to be conducted. Any issuance of an EUP will be announced
in the Federal Register.
[[Page 50185]]
List of Subjects
Environmental protection, Experimental use permits.
Dated: September 22, 2009.
Keith A. Matthews,
Acting Director, Biopesticides and Pollution Prevention Division,
Office of Pesticide Programs.
[FR Doc. E9-23587 Filed 9-29-09; 8:45 am]
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