Bacillus Thuringiensis VIP3A Insect Control Protein and the Genetic Material Necessary for its Production; Notice of Filing a Pesticide Petition to Amend an Exemption from the Requirement of a Tolerance for a Certain Pesticide Chemical in or on Food; Correction, 12879-12880 [05-5212]

Download as PDF Federal Register / Vol. 70, No. 50 / Wednesday, March 16, 2005 / Notices using Monte Carlo modeling for commodities that may be consumed in a single serving. These assessments show that the percent acute Population Adjusted Dose (%aPAD) all fall below the EPA’s level of concern (≥100%). The 95th percentile of exposure for the overall U. S. population was estimated to be 0.001177 mg/kg/day (%aRfD of 1.2); 99th percentile 0.003307 mg/kg/ day (%aRfD of 3.3); and 99.9th percentile 0.012692 mg/kg/day (%aRfD of 12.7). The 95th percentile of exposure for all infants <1 year old was estimated to be 0.002441 mg/kg/day (%aRfD of 2.4); 99th percentile 0.011178 mg/kg/ day (%aRfD of 11.2); and 99.9th percentile 0.029462 mg/kg/day (%aRfD of 29.5). The 95th percentile of exposure for nursing infants <1 year old was estimated to be 0.001247 mg/kg/day (%aRfD of 1.3); 99th percentile 0.004540 mg/kg/day (%aRfD of 4.5); and 99.9th percentile 0.011659 mg/kg/day (%aRfD of 11.7). The 95th percentile of exposure for non-nursing infants <1 year old (the most highly exposed population subgroup) was estimated to be 0.002786 mg/kg/day (%aRfD of 2.8); 99th percentile 0.012899 mg/kg/day (%aRfD of 12.9); and 99.9th percentile 0.033071 mg/kg/day (%aRfD of 33.1). The 95th percentile of exposure for children 1 to 6 years old and children 7 to 12 years old was estimated to be, respectively, 0.001942 mg/kg/day (%aRfD of 1.9) and 0.001244 mg/kg/day (%aRfD of 1.2); 99th percentile 0.005670 mg/kg/day (%aRfD of 5.7) and 0.003082 (%aRfD of 3.1); and 99.9th percentile 0.018280 mg/ kg/day (%aRfD of 18.3) and 0.009335 (%aRfD of 9.3). The 95th percentile of exposure for females (13+/nursing) was estimated to be 0.001128 mg/kg/day (%aRfD of 1.1); 99th percentile 0.003112 mg/kg/day (%aRfD of 3.1); and 99.9th percentile 0.012903 mg/kg/day (%aRfD of 12.9). Therefore, FMC concludes that the acute dietary risk of zetacypermethrin, as estimated by the dietary risk assessment, does not appear to be of concern. 2. Infants and children— i. General. In assessing the potential for additional sensitivity of infants and children to residues of zeta-cypermethrin, FMC considered data from developmental toxicity studies in the rat and rabbit, and a two-generation reproductive study in the rat. The data demonstrated no indication of increased sensitivity of rats to zeta-cypermethrin or rabbits to cypermethrin in utero and/or postnatal exposure to zeta-cypermethrin or cypermethrin. The developmental toxicity studies are designed to evaluate adverse effects on the developing organism resulting from pesticide VerDate jul<14>2003 16:45 Mar 15, 2005 Jkt 205001 exposure during prenatal development to one or both parents. Reproduction studies provide information relating to effects from exposure to the pesticide on the reproductiveility of mating animals and data on systemic toxicity. FFDCA section 408 provides that EPA may apply an additional margin of safety for infants and children in the case of thresholdeffects to account for pre- and post-natal toxicity and the completeness of the database. ii. Developmental toxicity studies. In the prenatal developmental toxicity studies in rats and rabbits, there was no evidence of developmental toxicity at the highest doses tested (35.0 mg/kg/day in rats and 700 mg/kg/day in rabbits). Decreased body weight gain was observed at the maternal LOEL in each study; the maternal NOEL was established at 12.5 mg/kg/day in rats and 100 mg/kg/day in rabbits. iii. Reproductive toxicity study. In the two-generation reproduction study in rats, offspring toxicity (body weight) and parental toxicity (body weight, organ weight, and clinical signs) was observed at 27.0 mg/kg/day and greater. The parental systemic NOEL as 7.0 mg/ kg/day and the parental systemic LOEL was 27.0 mg/kg/day. There were no developmental (pup) or reproductive effects up to 45.0 mg/kg/day, highest dose tested. iv. Pre- and post-natal sensitivity— a. Pre-natal. There was no evidence of developmental toxicity in the studies at the highest doses tested in the rat (70.0 mg/kg/day) or in the rabbit (700 mg/kg/ day). Therefore, there is no evidence of a special dietary risk (either acute or chronic) for infants and children which wouldrequire an additional safety factor. b. Post-natal. Based on the absence of pup toxicity up to dose levels which produced toxicity in the parental animals, there is no evidence of special post-natal sensitivity to infants and children in the rat reproduction study. 3. Conclusion Based on the above, FMC concludes that reliable data support use of the standard 100-fold uncertainty factor, and that an additional uncertainty factor is not needed to protect the safety of infants and children. As stated above, aggregate exposure assessments utilized significantly less than 1 percent of the RfD for either the entire U. S. population or any of the 26 population subgroups including infants and children. Therefore, it may be concluded that there is reasonable certainty that no harm will result to infants and children from aggregate exposure to cypermethrin residues. PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 12879 4. International Tolerances There are no Canadian, or Mexican residue limits for residues of cypermethrin or zeta-cypermethrin in or on all food/feed items (other than those covered by a higher tolerance as a result of use on growing crops) in food/feed handling establishments. [FR Doc. 05–5214 Filed 3–15–05; 8:45 am] BILLING CODE 6560–50–S ENVIRONMENTAL PROTECTION AGENCY [OPP–2005–0052; FRL–7703–3] Bacillus Thuringiensis VIP3A Insect Control Protein and the Genetic Material Necessary for its Production; Notice of Filing a Pesticide Petition to Amend an Exemption from the Requirement of a Tolerance for a Certain Pesticide Chemical in or on Food; Correction Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: SUMMARY: This notice announces a correction to the Notice of Filing of a pesticide petition proposing an amendment to an existing exemption from the requirement of a tolerance for residues of a certain pesticide chemical in or on various food commodities. DATES: Comments, identified by docket identification (ID) number OPP–2005– 0052, must be received on or before April 15, 2005. ADDRESSES: Comments may be submitted electronically, by mail, or through hand delivery/courier. Follow the detailed instructions as provided in Unit I.C. of the SUPPLEMENTARY INFORMATION of the September 15, 2004, Federal Register Notice. FOR FURTHER INFORMATION CONTACT: Sharlene Matten, Biopesticides and Pollution Prevention Division (7511C), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460–0001; telephone number: (703) 605–0514; e-mail address: matten.sharlene@epa.gov. SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? The Agency included in the September 15, 2004, Notice of Filing a list of those who may be potentially affected by the action. If you have any questions regarding the applicability of this action to a particular entity, consult E:\FR\FM\16MRN1.SGM 16MRN1 12880 Federal Register / Vol. 70, No. 50 / Wednesday, March 16, 2005 / Notices the person listed under FOR FURTHER INFORMATION CONTACT. B. How Can I Get Copies of this Document and Other Related Information? In addition to using EDOCKET (http:/ /www.epa.gov/edocket/), you may access this Federal Register document electronically through the EPA Internet under the ‘‘Federal Register’’ listings athttps://www.epa.gov/fedrgstr/. II. Background On July 26, 2004, Syngenta Seeds, 3054 Cornwallis Road, Research Triangle Park, NC 27709–2257 submitted a petition (PP 3G6547) to EPA under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by the Food Quality Protection Act of 1996 (FQPA), requesting that the temporary tolerance exemption for Bacillus thuringiensis VIP3A protein and the genetic material necessary for its production in cotton found at 40 CFR 180.1247 be amended to include all VIP3A events. As it turns out, however, this particular request was unnecessary as the temporary tolerance exemption found at 40 CFR 180.1247 already includes all VIP3A events. In a subsequent letter dated July 29, 2004, Syngenta Seeds also petitioned the Agency to amend the temporary tolerance exemption found at 40 CFR 180.1247 by extending it from May 1, 2005 to May 1, 2006. On September 15, 2004, EPA published a Notice in the Federal Register (69 FR 55605, FRL–7675–1) announcing the filing of the Syngenta Seeds petition. This Notice of Filing, however, was incorrect in two respects. First, it reiterated in summary fashion Syngenta Seeds request that the temporary tolerance exemption found at 40 CFR 180.1247 be amended to include all VIP3A events. As noted above, this was unnecessary since that temporary tolerance exemption already includes all VIP3A events. Second, the Notice failed to include Syngenta Seeds’ petition to extend the approved time frame for the temporary exemption. III. What Does this Correction Do? The purpose of this document, therefore, is to clarify that pesticide petition 3G6547 from Syngenta Seeds, as summarized and presented in the Agency’s September 15, 2004, Notice of Filing, is solely a proposal to amend the temporary tolerance exemption found at 40 CFR 180.1247 by extending it from May 1, 2005 to May 1, 2006. To the extent there is any language in that Notice of Filing discussing or alluding to Syngenta Seeds’ request to make that VerDate jul<14>2003 16:45 Mar 15, 2005 Jkt 205001 temporary tolerance exemption nonevent specific, that language is to be disregarded. All the other information contained in that September 15, 2004, Notice of Filing, however, is intended to support Syngenta Seeds’ request to extend the time frame of the subject temporary tolerance exemption. As noted elsewhere in this document, EPA is providing an additional 30 days for parties to comment on Syngenta Seeds’ petition as corrected via this document. Any comments received in response to this document or the original Notice of Filing dated September 15, 2004, will be addressed in any Final Rule issued by the Agency concerning this matter. List of Subjects Environmental protection, Agricultural commodities, Feed additives, Food additives, Pesticides and pests, Reporting and recordkeeping requirements. Dated: March 7, 2005. Janet L. Andersen, Director, Biopesticides and Pollution Prevention Division, Office of Pesticide Programs. [FR Doc. 05–5212 Filed 3–15–05; 8:45 am] BILLING CODE 6560–50–S ENVIRONMENTAL PROTECTION AGENCY [OPP–2005–0051; FRL–7702–8] Issuance of an Experimental Use Permit Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: SUMMARY: EPA has granted an experimental use permit (EUP) to the following pesticide applicant. An EUP permits use of a pesticide for experimental or research purposes only in accordance with the limitations in the permit. FOR FURTHER INFORMATION CONTACT: Sharlene R. Matten, Biopesticides and Pollution Prevention Division (7511C), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460–0001; telephone number: (703) 605–0514; e-mail address: matten.sharlene@epa.gov. SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? This action is directed to the public in general. Although this action may be of particular interest to those persons PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 who conduct or sponsor research on pesticides, 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 information in this action, 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–2005–0051. 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 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 submit or 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. EUP EPA has issued the following EUP: 67979–EUP–5. Issuance. Syngenta Seeds, 3054 Cornwallis Road, Research Triangle Park, NC 27709–2257. This EUP allows the use of 0.14 pounds of the insecticide Vip3A insect control protein as expressed in Events COT 202 and COT 203-derived cotton plants on 467 acres of cotton to evaluate the control of various lepidopteran insect E:\FR\FM\16MRN1.SGM 16MRN1

Agencies

[Federal Register Volume 70, Number 50 (Wednesday, March 16, 2005)]
[Notices]
[Pages 12879-12880]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-5212]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-2005-0052; FRL-7703-3]


Bacillus Thuringiensis VIP3A Insect Control Protein and the 
Genetic Material Necessary for its Production; Notice of Filing a 
Pesticide Petition to Amend an Exemption from the Requirement of a 
Tolerance for a Certain Pesticide Chemical in or on Food; Correction

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: This notice announces a correction to the Notice of Filing of 
a pesticide petition proposing an amendment to an existing exemption 
from the requirement of a tolerance for residues of a certain pesticide 
chemical in or on various food commodities.

DATES: Comments, identified by docket identification (ID) number OPP-
2005-0052, must be received on or before April 15, 2005.

ADDRESSES:  Comments may be submitted electronically, by mail, or 
through hand delivery/courier. Follow the detailed instructions as 
provided in Unit I.C. of the SUPPLEMENTARY INFORMATION of the September 
15, 2004, Federal Register Notice.

FOR FURTHER INFORMATION CONTACT:  Sharlene Matten, Biopesticides and 
Pollution Prevention Division (7511C), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 605-0514; e-mail 
address: matten.sharlene@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    The Agency included in the September 15, 2004, Notice of Filing a 
list of those who may be potentially affected by the action. If you 
have any questions regarding the applicability of this action to a 
particular entity, consult

[[Page 12880]]

the person listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Copies of this Document and Other Related Information?

    In addition to using EDOCKET (https://www.epa.gov/edocket/), you may 
access this Federal Register document electronically through the EPA 
Internet under the ``Federal Register'' listings athttps://www.epa.gov/
fedrgstr/.

II. Background

    On July 26, 2004, Syngenta Seeds, 3054 Cornwallis Road, Research 
Triangle Park, NC 27709-2257 submitted a petition (PP 3G6547) to EPA 
under the Federal Food, Drug, and Cosmetic Act (FFDCA), as amended by 
the Food Quality Protection Act of 1996 (FQPA), requesting that the 
temporary tolerance exemption for Bacillus thuringiensis VIP3A protein 
and the genetic material necessary for its production in cotton found 
at 40 CFR 180.1247 be amended to include all VIP3A events. As it turns 
out, however, this particular request was unnecessary as the temporary 
tolerance exemption found at 40 CFR 180.1247 already includes all VIP3A 
events. In a subsequent letter dated July 29, 2004, Syngenta Seeds also 
petitioned the Agency to amend the temporary tolerance exemption found 
at 40 CFR 180.1247 by extending it from May 1, 2005 to May 1, 2006.
    On September 15, 2004, EPA published a Notice in the Federal 
Register (69 FR 55605, FRL-7675-1) announcing the filing of the 
Syngenta Seeds petition. This Notice of Filing, however, was incorrect 
in two respects. First, it reiterated in summary fashion Syngenta Seeds 
request that the temporary tolerance exemption found at 40 CFR 180.1247 
be amended to include all VIP3A events. As noted above, this was 
unnecessary since that temporary tolerance exemption already includes 
all VIP3A events. Second, the Notice failed to include Syngenta Seeds' 
petition to extend the approved time frame for the temporary exemption.

III. What Does this Correction Do?

    The purpose of this document, therefore, is to clarify that 
pesticide petition 3G6547 from Syngenta Seeds, as summarized and 
presented in the Agency's September 15, 2004, Notice of Filing, is 
solely a proposal to amend the temporary tolerance exemption found at 
40 CFR 180.1247 by extending it from May 1, 2005 to May 1, 2006. To the 
extent there is any language in that Notice of Filing discussing or 
alluding to Syngenta Seeds' request to make that temporary tolerance 
exemption non-event specific, that language is to be disregarded. All 
the other information contained in that September 15, 2004, Notice of 
Filing, however, is intended to support Syngenta Seeds' request to 
extend the time frame of the subject temporary tolerance exemption.
    As noted elsewhere in this document, EPA is providing an additional 
30 days for parties to comment on Syngenta Seeds' petition as corrected 
via this document. Any comments received in response to this document 
or the original Notice of Filing dated September 15, 2004, will be 
addressed in any Final Rule issued by the Agency concerning this 
matter.

List of Subjects

    Environmental protection, Agricultural commodities, Feed additives, 
Food additives, Pesticides and pests, Reporting and recordkeeping 
requirements.

    Dated: March 7, 2005.
Janet L. Andersen,
Director, Biopesticides and Pollution Prevention Division, Office of 
Pesticide Programs.
[FR Doc. 05-5212 Filed 3-15-05; 8:45 am]
BILLING CODE 6560-50-S
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