Pesticide Product Registrations; Conditional Approval, 60826-60828 [05-20905]

Download as PDF 60826 Federal Register / Vol. 70, No. 201 / Wednesday, October 19, 2005 / Notices and other similar areas to control a selected group of broadleaf weeds, specifically morning-glory and velvet leaf. Although there are no labeled residential homeowner uses, there is potential risk for non-occupational exposure from other treated areas, such as golf courses, athletic fields, recreational areas, schools, apartment buildings, etc. The Agency is now issuing for comment the resulting Report on Food Quality Protection Act (FQPA) Tolerance Reassessment Progress and Risk Management Decision for flumiclorac pentyl, known as a TRED, as well as related risk assessments and technical support documents. EPA developed the flumiclorac pentyl TRED through a modified, streamlined version of its public process for making tolerance reassessment and reregistration eligibility decisions. Through these programs, the Agency is ensuring that pesticides meet current standards under the Federal Food, Drug, and Cosmetic Act (FFDCA) and the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended by FQPA. EPA must review tolerances and tolerance exemptions that were in effect when the FQPA was enacted, to ensure that these existing pesticide residue limits for food and feed commodities meet the safety standard established by the new law. Tolerances are considered reassessed once the safety finding has been made or a revocation occurs. EPA has reviewed and made the requisite safety finding for the flumiclorac pentyl tolerances included in this notice. The flumiclorac pentyl TRED presents the Agency’s tolerance reassessment conclusions for flumiclorac pentyl alone; however, section 408(b)(2)(D)(v) of the FFDCA directs the Agency also to consider available information on the cumulative risk from substances sharing a common mechanism of toxicity. Unlike other pesticides for which EPA has followed a cumulative risk approach based on a common mechanism of toxicity, EPA has not made a common mechanism of toxicity finding as to flumiclorac pentyl and any other substances, and flumiclorac pentyl does not appear to produce a toxic metabolite produced by other substances. For the purposes of this tolerance action, therefore, EPA has not assumed that flumiclorac pentyl has a common mechanism of toxicity with other substances. For information regarding EPA’s efforts to determine which chemicals have a common mechanism of toxicity and to evaluate the cumulative effects of such chemicals, see the policy statements released by VerDate Aug<31>2005 14:50 Oct 18, 2005 Jkt 208001 EPA’s Office of Pesticide Programs concerning common mechanism determinations and procedures for cumulating effects from substances found to have a common mechanism on EPA’s website at https://www.epa.gov/ pesticides/cumulative/. EPA is applying the principles of public participation to all pesticides undergoing reregistration and tolerance reassessment. The Agency’s Pesticide Tolerance Reassessment and Reregistration; Public Participation Process, published in the Federal Register of May 14, 2004 (69 FR 26819) (FRL–7357–9), explains that in conducting these programs, the Agency is tailoring its public participation process to be commensurate with the level of risk, extent of use, complexity of issues, and degree of public concern associated with each pesticide. EPA can expeditiously reach decisions for pesticides like flumiclorac pentyl, which pose no risk concerns, have low use, affect few if any stakeholders, and require no risk mitigation. Once EPA assesses uses and risks for such low risk pesticides, the Agency may go directly to a decision and prepare a document summarizing its findings, such as the flumiclorac pentyl TRED. The tolerance reassessment program is being conducted under Congressionally mandated time frames, and EPA recognizes the need both to make timely decisions and to involve the public in finding ways to effectively mitigate pesticide risks. Flumiclorac pentyl, however, poses no risks that require mitigation. The Agency therefore is issuing the flumiclorac pentyl TRED, its risk assessments, and related support documents simultaneously for public comment. The comment period is intended to provide an opportunity for public input and a mechanism for initiating any necessary amendments to the TRED. All comments should be submitted using the methods in Unit I. of the SUPPLEMENTARY INFORMATION, and must be received by EPA on or before the closing date. These comments will become part of the Agency Docket for flumiclorac pentyl. Comments received after the close of the comment period will be marked ‘‘late.’’ EPA is not required to consider these late comments. EPA will consider all comments received by the closing date and will provide a Response to Comments Memorandum in the Docket and electronic EDOCKET. If any comment significantly affects the document, EPA also will publish an amendment to the TRED in the Federal Register. In the absence of substantive comments PO 00000 Frm 00043 Fmt 4703 Sfmt 4703 requiring changes, the decisions reflected in the TRED will be implemented as presented. These decisions may be supplemented by risk mitigation measures when EPA considers its cumulative assessment of pesticides. B. What is the Agency’s Authority for Taking this Action? Section 408(q) of the FFDCA, 21 U.S.C. 346a(q), requires EPA to review tolerances and exemptions for pesticide residues in effect as of August 2, 1996, to determine whether the tolerance or exemption meets the requirements of section 408(b)(2) or (c)(2) of FFDCA. This review is to be completed by August 3, 2006. List of Subjects Environmental protection, Pesticides, and pests. Dated: October 5, 2005. Peter Caulkins, Acting Director, Special Review and Reregistration Division, Office of Pesticide Programs. [FR Doc. 05–20708 Filed 10–18–05; 8:45 am] BILLING CODE 6560–50–S ENVIRONMENTAL PROTECTION AGENCY [OPP–2004–0182; FRL–7727–6] Pesticide Product Registrations; Conditional Approval Environmental Protection Agency (EPA). AGENCY: ACTION: Notice. SUMMARY: This notice announces Agency approval of applications submitted by Monsanto Company, to conditionally register the pesticide products, Event MON 863: Corn Rootworm Protected Corn (ZMIR13L) and YieldGard Plus containing a new active ingredient not included in any previously registered products pursuant to the provisions of section 3(c)(7)(C) of the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended. FOR FURTHER INFORMATION CONTACT: Mike Mendelsohn, Biopesticides and Pollution Prevention Division (7511C), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460–0001; telephone number: (703) 308–8715;e-mail address:mendelsohn.mike@epa.gov. SUPPLEMENTARY INFORMATION: E:\FR\FM\19OCN1.SGM 19OCN1 Federal Register / Vol. 70, No. 201 / Wednesday, October 19, 2005 / Notices I. General Information A. Does this Action Apply to Me? You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. Potentially affected entities may include, but are not limited to: • Crop production (NAICS code 111). • Animal production (NAICS code 112). • Food manufacturing (NAICS code 311). • Pesticide manufacturing (NAICS code 32532). This listing is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by this action. Other types of entities not listed in this unit could also be affected. The North American Industrial Classification System (NAICS) codes have been provided to assist you and others in determining whether this action might apply to certain entities. To determine whether you or your business may be affected by this action, you should carefully examine the applicability provisions in Unit II. of this notice. 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? 1. Docket. EPA has established an official public docket for this action under docket identification (ID) number OPP–2004–0182. 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. In accordance with section 3(c)(2) of FIFRA, a copy of the approved label, the list of data references, the data and other scientific information used to support registration, except for material specifically protected by section 10 of FIFRA, are available for public VerDate Aug<31>2005 14:50 Oct 18, 2005 Jkt 208001 inspection in the Public Information and Records Integrity Branch, Information Resources and Services Division (7502C), Office of Pesticide Programs, Environmental Protection Agency, Rm. 119, Crystal Mall #2, Arlington, VA (703) 305–5805. Requests for data must be made in accordance with the provisions of the Freedom of Information Act and must be addressed to the Freedom of Information Office (A–101), 1200 Pennsylvania Ave., NW., Washington, DC 20460–0001. Such requests should: Identify the product name and registration number and specify the data or information desired. A paper copy of the fact sheet, which provides more detail on this registration, may be obtained from the National Technical Information Service (NTIS), 5285 Port Royal Rd., Springfield, VA 22161. 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. Electronic versions of the MON 863 Fact Sheet and Biopesticide Regulatory Action Document, as well as the YieldGard Plus Fact Sheet are available at https://www.epa.gov/bioopesticides/. II. Did EPA Conditionally Approve the Application? A conditional registration may be granted under section 3(c)(7)(C) of FIFRA for a new active ingredient where certain data are lacking, on condition that such data are received by the end of the conditional registration period and do not meet or exceed the risk criteria set forth in 40 CFR 154.7; that use of the pesticide during the conditional registration period will not cause unreasonable adverse effects; and that use of the pesticide is in the public interest. The Agency has considered the available data on the risks associated with the proposed use of Bacillus thuringiensis Cry3Bb1 protein and the PO 00000 Frm 00044 Fmt 4703 Sfmt 4703 60827 genetic material necessary for its production (Vector ZMIR13L) in event MON 863 corn, and information on social, economic, and environmental benefits to be derived from such use. Specifically, the Agency has considered the nature and its pattern of use, application methods and rates, and level and extent of potential exposure. Based on these reviews, the Agency was able to make basic health and safety determinations which show that use of Bacillus thuringiensis Cry3Bb1 protein and the genetic material necessary for its production Vector ZMIR13L in Event MON 863 corn during the period of conditional registration will not cause any unreasonable adverse effect on the environment, and that use of the pesticide is, in the public interest. Consistent with section 3(c)(7)(C) of FIFRA, the Agency has determined that these conditional registrations are in the public interest. Use of the pesticides are of significance to the user community, and appropriate labeling, use directions, and other measures have been taken to ensure that use of the pesticides will not result in unreasonable adverse effects to man and the environment. The Agency has considered the available data on the risks associated with the proposed use of YieldGard Plus Bacillus thuringiensis Cry3Bb1 protein and the genetic material necessary for its production (Vector ZMIR13L) in Event MON 863 corn stacked with Bacillus thuringiensis Cry1A(b) delta endotoxin and the genetic material necessary for its production in corn via conventional breeding, and information on social, economic, and environmental benefits to be derived from such use. Based on these reviews, the Agency was able to make basic environmental, health, and safety determinations which show that use of YieldGard Plus [Bacillus thuringiensis Cry3Bb1 protein and the genetic material necessary for its production (Vector ZMIR13L) in Event MON 863 corn stacked with Bacillus thuringiensis Cry1A(b) delta endotoxin and the genetic material necessary for its production in corn via conventional breeding], consistent with the terms and conditions of registration during the period of conditional registration, will not significantly increase the risk of unreasonable adverse effect on the environment. The YieldGard Plus product is conditionally registered in accordance with FIFRA section 3(c)(7)(B). If the conditions are not complied with the registration will be subject to cancellation in accordance with FIFRA section 6(e). E:\FR\FM\19OCN1.SGM 19OCN1 60828 Federal Register / Vol. 70, No. 201 / Wednesday, October 19, 2005 / Notices III. Conditionally Approved Registrations EPA issued a notice, published in the Federal Register of March 13, 2002 (67 FR 11333) (FRL–6827–3), which announced that Monsanto Company, 800 N. Lindberg Blvd., St. Louis, MO 63167, had submitted an application to conditionally register the pesticide product, Event MON 863: Corn Rootworm Protected Corn (ZMIR13L), a plant-incorporated protectant (EPA File Symbol 524-LEI), containing Bacillus thuringiensis Cry3Bb1 protein and the genetic material necessary for its production (Vector ZMIR13L) in corn, an active ingredient not included in any previously registered product. The application was conditionally approved on February 24, 2003 for the product listed below: 1. Event MON 863: Corn Rootworm Protected Corn (ZMIR13L) (EPA Registration Number 524–528) for use as a plant-incorporated protectant in corn. EPA issued a notice, published in the Federal Register of April 2, 2003 (68 FR 16036) (FRL–7286–1), which announced that Monsanto Company, 800 N. Lindberg Blvd., St. Louis, MO 63167, had submitted an application to conditionally register the pesticide product, YieldGard Plus Corn, a plantincorporated protectant (EPA File Symbol 524-LUL), containing Bacillus thuringiensis Cry3Bb1 protein and the genetic material necessary for its production (Vector ZMIR13L) in corn and Bacillus thuringiensis CryBacillus thuringiensis Cry1A(b) delta endotoxin and the genetic material necessary for its production in corn via conventional breeding. The stacking of Bacillus thuringiensis Cry3Bb1 protein and the genetic material necessary for its production (Vector ZMIR13L) in corn andBacillus thuringiensis Cry1A(b) delta endotoxin and the genetic material necessary for its production in corn via conventional breeding resulted in a pesticide product involving a changed use pattern for its active ingredients pursuant to the provision of section 3(c)(4) of FIFRA. The application was conditionally approved on October 25, 2003 for the product listed below: 2. YieldGard Plus Corn (EPA Registration Number 524–545) for use as a plant-incorporated protectant in corn. List of Subjects Environmental protection, Chemicals, Pesticides and pests. VerDate Aug<31>2005 14:50 Oct 18, 2005 Jkt 208001 Dated: October 11, 2005. Janet L. Andersen, Director, Biopesticides and Pollution Prevention Division, Office of Pesticide Programs. [FR Doc. 05–20905 Filed 10–18–05; 8:45 am] BILLING CODE 6560–50–S ENVIRONMENTAL PROTECTION AGENCY [OPPT–2005–0053; FRL–7741–9] Certain New Chemicals; Receipt and Status Information Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: SUMMARY: Section 5 of the Toxic Substances Control Act (TSCA) requires any person who intends to manufacture (defined by statute to include import) a new chemical (i.e., a chemical not on the TSCA Inventory) to notify EPA and comply with the statutory provisions pertaining to the manufacture of new chemicals. Under sections 5(d)(2) and 5(d)(3) of TSCA, EPA is required to publish a notice of receipt of a premanufacture notice (PMN) or an application for a test marketing exemption (TME), and to publish periodic status reports on the chemicals under review and the receipt of notices of commencement to manufacture those chemicals. This status report, which covers the period from September 12, 2005 to September 23, 2005, consists of the PMNs pending or expired, and the notices of commencement to manufacture a new chemical that the Agency has received under TSCA section 5 during this time period. DATES: Comments identified by the docket ID number OPPT–2004–0053 and the specific PMN number or TME number, must be received on or before November 18, 2005. ADDRESSES: Comments may be submitted electronically, by mail, or through hand delivery/courier. Follow the detailed instructions as provided in Unit I. of the SUPPLEMENTARY INFORMATION. FOR FURTHER INFORMATION CONTACT: Colby Lintner, Regulatory Coordinator, Environmental Assistance Division, Office of Pollution Prevention and Toxics (7408M), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460– 0001; telephone number: (202) 554– 1404; e-mail address: TSCAHotline@epa.gov. SUPPLEMENTARY INFORMATION: PO 00000 Frm 00045 Fmt 4703 Sfmt 4703 I. General Information A. Does this Action Apply to Me? This action is directed to the public in general. As such, the Agency has not attempted to describe the specific entities that this action may apply to. Although others may be affected, this action applies directly to the submitter of the premanufacture notices addressed in the 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? 1. Docket. EPA has established an official public docket for this action under docket identification (ID) number OPPT–2004–0053. 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 EPA Docket Center, Rm. B102-Reading Room, EPA West, 1301 Constitution Ave., NW., Washington, DC. The EPA Docket Center is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The EPA Docket Center Reading Room telephone number is (202) 566–1744 and the telephone number for the OPPT Docket, which is located in EPA Docket Center, is (202) 566–0280. 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. Certain types of information will not be placed in the EPA Dockets. E:\FR\FM\19OCN1.SGM 19OCN1

Agencies

[Federal Register Volume 70, Number 201 (Wednesday, October 19, 2005)]
[Notices]
[Pages 60826-60828]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-20905]


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

ENVIRONMENTAL PROTECTION AGENCY

[OPP-2004-0182; FRL-7727-6]


Pesticide Product Registrations; Conditional Approval

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: This notice announces Agency approval of applications 
submitted by Monsanto Company, to conditionally register the pesticide 
products, Event MON 863: Corn Rootworm Protected Corn (ZMIR13L) and 
YieldGard Plus containing a new active ingredient not included in any 
previously registered products pursuant to the provisions of section 
3(c)(7)(C) of the Federal Insecticide, Fungicide, and Rodenticide Act 
(FIFRA), as amended.

FOR FURTHER INFORMATION CONTACT: Mike Mendelsohn, Biopesticides and 
Pollution Prevention Division (7511C), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 308-8715;e-mail 
address:mendelsohn.mike@epa.gov.

SUPPLEMENTARY INFORMATION:

[[Page 60827]]

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are an 
agricultural producer, food manufacturer, or pesticide manufacturer. 
Potentially affected entities may include, but are not limited to:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    This listing is not intended to be exhaustive, but rather provides 
a guide for readers regarding entities likely to be affected by this 
action. Other types of entities not listed in this unit could also be 
affected. The North American Industrial Classification System (NAICS) 
codes have been provided to assist you and others in determining 
whether this action might apply to certain entities. To determine 
whether you or your business may be affected by this action, you should 
carefully examine the applicability provisions in Unit II. of this 
notice. 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?

    1. Docket. EPA has established an official public docket for this 
action under docket identification (ID) number OPP-2004-0182. 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.
    In accordance with section 3(c)(2) of FIFRA, a copy of the approved 
label, the list of data references, the data and other scientific 
information used to support registration, except for material 
specifically protected by section 10 of FIFRA, are available for public 
inspection in the Public Information and Records Integrity Branch, 
Information Resources and Services Division (7502C), Office of 
Pesticide Programs, Environmental Protection Agency, Rm. 119, Crystal 
Mall 2, Arlington, VA (703) 305-5805. Requests for data must 
be made in accordance with the provisions of the Freedom of Information 
Act and must be addressed to the Freedom of Information Office (A-101), 
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001. Such requests 
should: Identify the product name and registration number and specify 
the data or information desired.
    A paper copy of the fact sheet, which provides more detail on this 
registration, may be obtained from the National Technical Information 
Service (NTIS), 5285 Port Royal Rd., Springfield, VA 22161.
    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.
    Electronic versions of the MON 863 Fact Sheet and Biopesticide 
Regulatory Action Document, as well as the YieldGard Plus Fact Sheet 
are available at https://www.epa.gov/bioopesticides/.

II. Did EPA Conditionally Approve the Application?

    A conditional registration may be granted under section 3(c)(7)(C) 
of FIFRA for a new active ingredient where certain data are lacking, on 
condition that such data are received by the end of the conditional 
registration period and do not meet or exceed the risk criteria set 
forth in 40 CFR 154.7; that use of the pesticide during the conditional 
registration period will not cause unreasonable adverse effects; and 
that use of the pesticide is in the public interest.
    The Agency has considered the available data on the risks 
associated with the proposed use of Bacillus thuringiensis Cry3Bb1 
protein and the genetic material necessary for its production (Vector 
ZMIR13L) in event MON 863 corn, and information on social, economic, 
and environmental benefits to be derived from such use. Specifically, 
the Agency has considered the nature and its pattern of use, 
application methods and rates, and level and extent of potential 
exposure. Based on these reviews, the Agency was able to make basic 
health and safety determinations which show that use of Bacillus 
thuringiensis Cry3Bb1 protein and the genetic material necessary for 
its production Vector ZMIR13L in Event MON 863 corn during the period 
of conditional registration will not cause any unreasonable adverse 
effect on the environment, and that use of the pesticide is, in the 
public interest.
    Consistent with section 3(c)(7)(C) of FIFRA, the Agency has 
determined that these conditional registrations are in the public 
interest. Use of the pesticides are of significance to the user 
community, and appropriate labeling, use directions, and other measures 
have been taken to ensure that use of the pesticides will not result in 
unreasonable adverse effects to man and the environment.
    The Agency has considered the available data on the risks 
associated with the proposed use of YieldGard Plus Bacillus 
thuringiensis Cry3Bb1 protein and the genetic material necessary for 
its production (Vector ZMIR13L) in Event MON 863 corn stacked with 
Bacillus thuringiensis Cry1A(b) delta endotoxin and the genetic 
material necessary for its production in corn via conventional 
breeding, and information on social, economic, and environmental 
benefits to be derived from such use.
    Based on these reviews, the Agency was able to make basic 
environmental, health, and safety determinations which show that use of 
YieldGard Plus [Bacillus thuringiensis Cry3Bb1 protein and the genetic 
material necessary for its production (Vector ZMIR13L) in Event MON 863 
corn stacked with Bacillus thuringiensis Cry1A(b) delta endotoxin and 
the genetic material necessary for its production in corn via 
conventional breeding], consistent with the terms and conditions of 
registration during the period of conditional registration, will not 
significantly increase the risk of unreasonable adverse effect on the 
environment.
    The YieldGard Plus product is conditionally registered in 
accordance with FIFRA section 3(c)(7)(B). If the conditions are not 
complied with the registration will be subject to cancellation in 
accordance with FIFRA section 6(e).

[[Page 60828]]

III. Conditionally Approved Registrations

    EPA issued a notice, published in the Federal Register of March 13, 
2002 (67 FR 11333) (FRL-6827-3), which announced that Monsanto Company, 
800 N. Lindberg Blvd., St. Louis, MO 63167, had submitted an 
application to conditionally register the pesticide product, Event MON 
863: Corn Rootworm Protected Corn (ZMIR13L), a plant-incorporated 
protectant (EPA File Symbol 524-LEI), containing Bacillus thuringiensis 
Cry3Bb1 protein and the genetic material necessary for its production 
(Vector ZMIR13L) in corn, an active ingredient not included in any 
previously registered product.
    The application was conditionally approved on February 24, 2003 for 
the product listed below:
    1. Event MON 863: Corn Rootworm Protected Corn (ZMIR13L) (EPA 
Registration Number 524-528) for use as a plant-incorporated protectant 
in corn.
    EPA issued a notice, published in the Federal Register of April 2, 
2003 (68 FR 16036) (FRL-7286-1), which announced that Monsanto Company, 
800 N. Lindberg Blvd., St. Louis, MO 63167, had submitted an 
application to conditionally register the pesticide product, YieldGard 
Plus Corn, a plant-incorporated protectant (EPA File Symbol 524-LUL), 
containing Bacillus thuringiensis Cry3Bb1 protein and the genetic 
material necessary for its production (Vector ZMIR13L) in corn and 
Bacillus thuringiensis CryBacillus thuringiensis Cry1A(b) delta 
endotoxin and the genetic material necessary for its production in corn 
via conventional breeding. The stacking of Bacillus thuringiensis 
Cry3Bb1 protein and the genetic material necessary for its production 
(Vector ZMIR13L) in corn andBacillus thuringiensis Cry1A(b) delta 
endotoxin and the genetic material necessary for its production in corn 
via conventional breeding resulted in a pesticide product involving a 
changed use pattern for its active ingredients pursuant to the 
provision of section 3(c)(4) of FIFRA.
    The application was conditionally approved on October 25, 2003 for 
the product listed below:
    2. YieldGard Plus Corn (EPA Registration Number 524-545) for use as 
a plant-incorporated protectant in corn.

List of Subjects

    Environmental protection, Chemicals, Pesticides and pests.

    Dated: October 11, 2005.
Janet L. Andersen,
Director, Biopesticides and Pollution Prevention Division, Office of 
Pesticide Programs.
[FR Doc. 05-20905 Filed 10-18-05; 8:45 am]
BILLING CODE 6560-50-S
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