[Federal Register Volume 75, Number 164 (Wednesday, August 25, 2010)]
[Notices]
[Pages 52329-52330]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-21137]
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ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2010-0699; FRL-8842-8]
Corn Event MON 863 and MON 863 x MON 810; Product Cancellation
Order for Certain Pesticide Registrations
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
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SUMMARY: This notice announces EPA's order for the cancellations of
certain products containing the pesticides, Bacillus thuringiensis
Cry3Bb1 protein and the genetic material necessary for its production
(vector PV-ZMIR13L) in MON 863 corn (Organization for Economic
Cooperation and Development (OECD) Unique Identifier: MON-
[Oslash][Oslash]863-5) and/or Bacillus thuringiensis Cry1Ab protein and
the genetic material necessary for its production (vector PV-ZMCT01) in
MON 810 corn (OECD Unique Identifier: MON-[Oslash][Oslash]81[Oslash]-
6), pursuant to section 3 of the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), as amended. This cancellation order will
follow the September 30, 2010, expiration of two conditional, time-
limited registrations that are listed in Table 1 of Unit II. These are
the last products containing Bacillus thuringiensis Cry3Bb1 protein and
the genetic material necessary for its production (vector PV-ZMIR13L)
in MON 863 corn (OECD Unique Identifier: MON-[Oslash][Oslash]863-5),
but are not the last products containing Bacillus thuringiensis Cry1Ab
protein and the genetic material necessary for its production (vector
PV-ZMCT01) in MON 810 corn (OECD Unique Identifier: MON-
[Oslash][Oslash]81[Oslash]-6), registered for use in the United States.
Any distribution, sale, or use of the products subject to this
cancellation order is permitted only in accordance with the terms of
this order, including any existing stocks provisions.
DATES: The cancellations are effective September 30, 2010.
FOR FURTHER INFORMATION CONTACT: Jeannine Kausch, Biopesticides and
Pollution Prevention Division (7511P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 347-8920; fax
number: (703) 305-0118; 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, 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?
EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2010-0699. 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
Office of Pesticide Programs (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.
II. What Action is the Agency Taking?
This notice announces the expiration of products registered under
FIFRA section 3. Furthermore, this notice serves as a cancellation
order and provides terms governing the distribution, sale, and use of
existing stocks of the affected products. These registrations are
listed in sequence by registration number in Table 1 of this unit.
[[Page 52330]]
Table 1.--Product Cancellations and Registrant of the Cancelled Products
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Company Name and
EPA Registration Number Product Name EPA Company Number Address
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524-528 Corn Event MON 863 524 Monsanto Company, 800
North Lindbergh Blvd.,
St. Louis, MO 63167
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524-545 MON 863 x MON 810 524 Monsanto Company, 800
North Lindbergh Blvd.,
St. Louis, MO 63167
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III. Cancellation Order
The Agency considers the expiration of a conditional, time-limited
registration to be a cancellation under FIFRA section 3. This notice,
therefore, serves as a cancellation order issued under FIFRA section 3
for the product registrations identified in Table 1 of Unit II. Under
this order, and consistent with the expiration date referenced in the
SUMMARY, the product registrations identified in Table 1 of Unit II.
are hereby cancelled effective September 30, 2010. After September 30,
2010, all sales of Corn Event MON 863 and MON 863 x MON 810 seed are
prohibited, except as described in Unit IV. regarding existing stocks.
Any distribution, sale, or use of the products identified in Table 1 of
Unit II. in a manner inconsistent with this order, including the
Provisions for Disposition of Existing Stocks set forth in Unit IV.,
will be considered a violation of FIFRA section 12(a)(2)(K) and/or
section 12(a)(1)(A).
IV. Provisions for Disposition of Existing Stocks
Under FIFRA section 6(a)(1), EPA may permit the continued sale and
use of existing stocks of a pesticide whose registration has been
cancelled. For purposes of this order, ``existing stocks'' is defined,
pursuant to EPA's existing stocks policy published in the Federal
Register issued on June 26, 1991 (56 FR 29362), as those stocks of
registered pesticide products which are currently in the United States
and which were packaged, labeled, and released for shipment (defined
under 40 CFR 152.3) prior to the effective date of the cancellation
action. The effective date of these cancellations is September 30,
2010. Pursuant to section 6(a)(1) of FIFRA, this cancellation order
that is the subject of this notice includes the following existing
stock provisions:
1. Prior to seed shipment through July 1, 2011, Monsanto Company
(Monsanto) and persons licensed by Monsanto to produce, use, or
distribute MON 863-containing seed may apply seed treatment to, and
test for germination in order to comply with Federal and State laws,
that seed which has been sold to growers for planting by July 1, 2011.
2. Monsanto and persons licensed by Monsanto to produce, use, or
distribute MON 863-containing seed may sell or distribute existing
stocks of Corn Event MON 863 and MON 863 x MON 810 seed through July 1,
2011, for planting by July 1, 2011.
3. Existing stocks of Corn Event MON 863 and MON 863 x MON 810 seed
can only be planted by July 1, 2011, for the production of a corn crop.
4. An adequate amount of refuge seed must be commercially available
to growers to ensure the planting of appropriate corn rootworm and corn
borer refuges that are consistent with the previously existing terms
and conditions of the Corn Event MON 863 and MON 863 x MON 810
registrations.
5. Monsanto Insect Resistant Management (IRM)/Grower Guides will
contain IRM compliance and refuge requirements that are consistent with
IRM/Grower Guides required under the previously existing terms and
conditions of the Corn Event MON 863 and MON 863 x MON 810
registrations.
6. Any remaining inventory of Corn Event MON 863 and MON 863 x MON
810 seed that has not been sold, distributed, or used by July 1, 2011,
will be handled in accordance with legal and regulatory requirements
(non-treated seed can be sold as grain, and treated seed must be
disposed of properly).
7. Monsanto shall report the following to the Agency:
a. Insect Resistance Management compliance communication and
assessment will be reported via the Agricultural Biotechnology
Stewardship Technical Committee (ABSTC) Compliance Assurance Program
(CAP) in January 2011 for any 2010 planting and in January 2012 for any
2011 planting.
b. Monsanto will submit a Grower Point of Sale (GPOS) Report to EPA
in January 2011 for any 2010 sales and in January 2012 for any 2011
sales.
c. Monsanto will submit a Pesticide Use Report to EPA by December
15, 2010, and by December 15, 2011.
d. For the Cry3Bb1 and/or Cry1Ab proteins expressed in Corn Event
MON 863 and MON 863 x MON 810, Monsanto will submit results of
monitoring and investigations of damage reports in August 2011 for any
2010 planting and in August 2012 for any 2011 planting.
List of Subjects
Environmental protection, Pesticides and pests.
Dated: August 19, 2010.
W. Michael McDavit,
Acting Director, Biopesticides and Pollution Prevention Division,
Office of Pesticide Programs.
[FR Doc. 2010-21137 Filed 8-24-10; 8:45 am]
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