Issuance of Experimental Use Permits, 3133-3135 [E7-988]
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Federal Register / Vol. 72, No. 15 / Wednesday, January 24, 2007 / Notices
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 the 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
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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. Docket ID Numbers
When submitting comments, please
use the docket ID number assigned to
the pesticide petition.
PP Number
PP 5E6903
pwalker on PROD1PC71 with NOTICES
PP 6F7061
Docket ID Number
EPA–HQ–OPP–
2006–0481
EPA–HQ–OPP–
2006–0993
III. What Action is the Agency Taking?
EPA is printing a summary of
pesticide petitions received under
section 408 of the Federal Food, Drug,
and Cosmetic Act (FFDCA), 21 U.S.C.
346a, proposing the establishment or
amendment of regulations in 40 CFR
part 180 for residues of pesticide
chemicals in or on various food
commodities. EPA has determined that
these pesticide petitions contain data or
information regarding the elements set
forth in FFDCA section 408(d)(2);
however, EPA has not fully evaluated
the sufficiency of the submitted data at
this time or whether the data support
granting of the pesticide petitions.
Additional data may be needed before
EPA rules on these pesticide petitions.
Pursuant to 40 CFR 180.7(f), a
summary of the petitions included in
this notice, prepared by the petitioner
VerDate Aug<31>2005
17:44 Jan 23, 2007
Jkt 211001
along with a description of the
analytical method available for the
detection and measurement of the
pesticide chemical residues is available
on-line at https://www.regulations.gov.
To locate this information on the
regulations.gov website follow these
steps:
• Select ‘‘Advanced Search,’’ then
‘‘Docket Search.’’
• In the ‘‘Docket ID’’ field, typethe
docket ID number in the following form:
‘‘OPP–year–docket number’’ (example:
OPP–2005–9999); do not include ‘‘EPA–
HQ’’ in the docket ID number.
• Click the ‘‘Submit’’ button.
• Once the search locates the docket,
click on the docket ID number to open
the docket.
List of Subjects
New Tolerance
3133
AGENCY:
1. PP 5E6903. (Docket ID number
EPA–HQ–OPP–2006–0481). Valent
U.S.A. Corporation, 1600 Riviera
Avenue, Walnut Creek, CA 94596–8025,
proposes to establish an import
tolerance for residues of the fungicide
fluopicolide in or on the food
commodities grape, juice, and grape,
wine at 2.0 parts per million (ppm), and
the processed commodity grape, raisin
at 9.0 ppm. In plant commodities, the
analytical method included the
combined residues of fluopicolide, 2,6dichlorobenzamide and 3-chloro-5trifluoromethylnicotinic acid, all
calculated as fluopicolide. These
residues were determined by liquid
chromatography/mass spectrometry/
mass spectrometry (LC/MS/MS).
Extraction efficiency testing has shown
that the residues of concern are
extracted effectively by the method even
after storage. Stability testing has shown
the parent compound and the
metabolites to be stable during storage
for up to 24 months. Contact: Janet
Whitehurst; telephone number: (703)
305–6129; e-mail
address:whitehurst.janet@epa.gov.
2. PP 6F7061. (Docket ID number
EPA–HQ–OPP–2006–0993). Dow
AgroSciences LLC, 9330 Zionsville
Road, Indianapolis, IN 46268, proposes
to establish a tolerance for residues of
the herbicide florasulam in or on the
food commodities wheat, barley, oat,
rye, triticale (grain) at 0.01 ppm and
wheat, barley, oat, rye, triticale (forage,
hay, and straw) at 0.05 ppm. Gas
chromatography and mass selective
detection (GC-MSD) is use to measure
and evaluate the chemical residues.
Contact: Hope Johnson, telephone
number: (703) 305–5410; e-mail address:
johnson.hope@epa.gov.
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Fmt 4703
Sfmt 4703
Environmental protection,
Agricultural commodities, Feed
additives, Food additives, Pesticides
and pests, Reporting and recordkeeping
requirements.
Dated: January 10, 2007.
Lois Rossi,
Director, Registration Division, Office of
Pesticide Programs.
[FR Doc. E7–1009 Filed 1–23–07; 8:45 am]
BILLING CODE 6560–50–S
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPP–2006–0689; FRL–8088–7]
Issuance of Experimental Use Permits
Environmental Protection
Agency (EPA).
ACTION: Notice.
SUMMARY: EPA has granted experimental
use permits (EUPs) to the following
pesticide applicants. 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:
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:
mendelsohn.mike@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
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 a
docket for this action under docket
identification (ID) number EPA–HQ–
OPP–2006–0689. Publicly available
docket materials are available either in
the electronic docket at https://
www.regulations.gov, or, if only
available in hard copy, at the Office of
E:\FR\FM\24JAN1.SGM
24JAN1
3134
Federal Register / Vol. 72, No. 15 / Wednesday, January 24, 2007 / Notices
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.
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.
II. EUP
pwalker on PROD1PC71 with NOTICES
EPA has issued the following EUPs:
524–EUP–97. Issuance. Monsanto Co.,
800 North Lindbergh Blvd., St. Louis,
MO 63167. This EUP allows the use of
165,700 lbs of corn seed containing the
following plant-incorporated protectants
(PIPs) in the amounts specified: 0.47 lbs
of the Bacillus thuringiensis Cry1A.105
protein and the genetic material
necessary for its production (vector PVZMIR245) in Event MON 89034 corn,
0.41 lbs of the Bacillus thuringiensis
Cry2Ab2 protein and the genetic
material necessary for its production
(vector PV-ZMIR245) in Event MON
89034 corn, and 1.49 lbs of the Bacillus
thuringiensis Cry3Bb1 protein and the
genetic material necessary for its
production (vector ZMIR39) in Event
MON 88017 corn. This EUP allows the
use of this seed on 1,356 acres MON
89034 corn; 363 acres MON 88017 corn;
617 acres MON 89034 x MON 88017
corn; and 461 acres non-Bt corn for
2006–2007, and 3,541 acres MON 89034
corn; 1,298 acres MON 88017 corn;
1,110 acres MON 89034 x MON 88017
corn; and 531 acres non-Bt corn for
2007–2008. Eight trial protocols will be
conducted, including:
• Breeding and observation nursery.
• Inbred seed increase production.
• Line per se hybrid yield and
herbicide tolerance trials.
• Insect efficacy trials.
• Product characterization and
performance trials.
• Insect resistance management trials.
• Benefit assessment trials.
• Seed treatment trials.
The program is authorized only in the
States of Alabama, Arizona, California,
Colorado, Florida, Georgia, Hawaii,
Idaho, Iowa, Illinois, Indiana, Kansas,
Kentucky, Louisiana, Maryland,
Michigan, Minnesota, Missouri,
Mississippi, North Carolina, Nebraska,
Ohio, Oregon, Pennsylvania, Puerto
Rico, South Dakota, Tennessee, Texas,
Washington, and Wisconsin. The EUP is
effective from June 29, 2005 to June 30,
2008, along with associated activities
VerDate Aug<31>2005
17:44 Jan 23, 2007
Jkt 211001
such as collection of field data and
harvesting and processing of seed after
last planting.
Temporary and permanent
exemptions from the requirement of a
tolerance have been established for
residues of the active ingredients in or
on all corn commodities. One comment
from a private citizen was received in
response to the notice of receipt for this
permit application, which was
published in the Federal Register on
May 26, 2006 (71 FR 30403) (FRL–8066–
8). The private citizen indicated that she
does not favor genetically engineered
corn and expressed the viewpoint that
the permittee should be required to
request permission from neighbors prior
to testing. The commenter also
expressed concern about the mechanics
of submitting comments via the https://
www.regulations.gov site for the notice
of receipt. The Agency understands the
commenter’s concerns and recognizes
that some individuals believe that
genetically modified crops and food
should be banned completely.
Nonetheless, under the Federal
Insecticide, Fungicide, Rodenticide Act
(FIFRA), the Agency is tasked with
reviewing applications for EUPs for any
pesticide, including PIPs, and granting
such applications to the extent that the
conditions of FIFRA section 5, and the
regulations thereunder, have been met
(subject to such terms and conditions as
the Agency determines are warranted).
In this instance, EPA has determined
that the relevant statutory and
regulatory conditions have been met. In
addition, there is nothing in FIFRA or
in the Agency’s regulations enacted
thereunder that compels, and EPA does
not otherwise require, a permittee to
notify neighbors prior to testing as
suggested. Finally, the Agency
understands some of the adjustments
needed to use the new electronic
docketing system. One tip that should
help in the future is that when
commenting on notices of receipt,
commenters should either choose
‘‘Notices’’ or ‘‘All Document Types’’ in
the ‘‘Document Type’’ box. If ‘‘Proposed
Rules,’’ ‘‘Rules,’’ or ‘‘Other’’ are
selected, ‘‘Notices’’ will not be selected
in the search.
67979–EUP–4. Amendment/
Extension. Syngenta Seeds, Inc., P.O.
Box 12257, 3054 East Cornwallis Rd.,
Research Triangle Park, NC 27709–2257.
This EUP allows the use of 50,420 lbs
MIR604 and Bt11 corn seed containing
the following PIPs in the amounts
specified: A combined 0.0454 lbs of
modified Cry3A Bacillus thuringiensis
protein and the genetic material
necessary for its production (via
PO 00000
Frm 00028
Fmt 4703
Sfmt 4703
elements of pZM26) in Event MIR604
corn (SYN-IR6;4-5) and Bt11 Bacillus
thuringiensis Cry1Ab delta-endotoxin
and the genetic material necessary for
its production (plasmid vector pZ01502)
in corn. This EUP allows the use of this
seed on 2,300 acres MIR604 modified
Cry3A corn, 670 acres Bt11 Cry1Ab
corn, 965 acres MIR604 x Bt11 corn, and
2,959 acres non-Bt corn. Five trial
protocols will be conducted, including:
• Breeding and observation.
• Efficacy evaluation.
• Agronomic observation.
• Inbred and hybrid production.
• Regulatory studies.
The program is authorized only in the
States of California, Colorado, Florida,
Hawaii, Iowa, Illinois, Indiana, Kansas,
Kentucky, Maryland, Michigan,
Minnesota, Missouri, Mississippi, New
Mexico, Nebraska, New York, Ohio,
Pennsylvania, Puerto Rico, South
Dakota, Texas, Virginia, and Wisconsin.
The EUP is effective from March 2, 2006
to February 28, 2007, along with
associated activities such as collection
of field data and harvesting and
processing of seed after last planting.
Temporary and permanent
exemptions from the requirement of a
tolerance have been established for
residues of the active ingredients in or
on all corn commodities. Three
identical comments from a private
citizen and one comment from a grower
association were received in response to
the notice of receipt for this permit
application, which was published in the
Federal Register on January 25, 2006
(71 FR 4141) (FRL–7757–7). The private
citizen indicated that she does not favor
genetically engineered corn, opposed
testing under this EUP except in fully
enclosed greenhouses, and expressed
the viewpoint that the permittee should
be required to request permission from
neighbors prior to testing. The Agency
understands the commenter’s concerns
and recognizes that some individuals
believe that genetically modified crops
and food should be banned completely.
Nonetheless, under FIFRA, the Agency
is tasked with reviewing applications
for EUPs for any pesticide, including
PIPs, and granting such applications to
the extent that the conditions of FIFRA
section 5, and the regulations
thereunder, have been met (subject to
such terms and conditions as the
Agency determines are warranted). In
this instance, EPA has determined that
the relevant statutory and regulatory
conditions have been met. In addition,
there is nothing in FIFRA or in the
Agency’s regulations enacted
thereunder that compels, and EPA does
not otherwise require, a permittee to
notify neighbors prior to testing as
E:\FR\FM\24JAN1.SGM
24JAN1
Federal Register / Vol. 72, No. 15 / Wednesday, January 24, 2007 / Notices
suggested. Finally although certain
containment provisions were required
per the experimental program, the
Agency did not require testing to be
conducted in fully enclosed
greenhouses because such a requirement
was not necessary to mitigate risk. In
contrast to the comments from the
private citizen, the grower association
requested that the Agency expeditiously
grant the EUP and stated their position
that agricultural biotechnology in many
cases helps reduce the use of chemicals,
improves profits, and preserves the
environment. They also mentioned the
benefit to insect resistance management
that the material being tested under this
EUP is intended to bring.
Authority: 7 U.S.C. 136c.
List of Subjects
Environmental protection,
Experimental use permits.
Dated: January 12, 2007.
Janet L. Andersen,
Director, Biopesticides and Pollution
Prevention Division, Office of Pesticide
Programs.
[FR Doc. E7–988 Filed 1–23–07; 8:45 am]
BILLING CODE 6560–50–S
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–8271–9; Docket ID No. EPA–HQ–ORD–
2006–0868]
Metabolically-Derived Human
Ventilation Rates: A Revised Approach
Based Upon Oxygen Consumption
Rates
Environmental Protection
Agency (EPA).
ACTION: Notice of public comment
period.
pwalker on PROD1PC71 with NOTICES
AGENCY:
SUMMARY: EPA is announcing a 30-day
public comment period for the draft
document titled, ‘‘Metabolically-Derived
Human Ventilation Rates: A Revised
Approach Based Upon Oxygen
Consumption Rates’’ (EPA/600/R–06/
129A). The document was prepared by
the National Center for Environmental
Assessment (NCEA) within EPA’s Office
of Research and Development (ORD).
In 1997, NCEA published the
Exposure Factors Handbook. This
comprehensive document provides
summaries of available statistical data
on various factors that can impact an
individual’s exposure to environmental
contaminants. NCEA maintains the
Exposure Factors Handbook and
periodically updates the document
using current literature and other
VerDate Aug<31>2005
17:44 Jan 23, 2007
Jkt 211001
reliable data made available through
research. Many program offices within
EPA rely on the data from this
handbook to conduct their exposure and
risk assessments.
One important determinant of a
person’s exposure to contaminants in air
is the ventilation rate, or the volume of
air that is inhaled by an individual in
a specified time period. Ventilation
rates, also known as breathing or
inhalation rates, are given in Chapter 5
of the Exposure Factors Handbook.
Calculations of the currently
recommended ventilation rates were
limited by their dependence on a
‘‘ventilatory equivalent,’’ which relied
on a person’s fitness level. This draft
report, ‘‘Metabolically-Derived Human
Ventilation Rates: A Revised Approach
Based Upon Oxygen Consumption
Rates,’’ presents a revised approach that
calculates ventilation rates directly from
an individual’s oxygen consumption
rate, and applies this method to data
provided from more recent sources,
such as the 1999–2002 National Health
and Nutrition Examination Survey
(NHANES) and EPA’s Consolidated
Human Activity Database (CHAD). In
the next edition of the Exposure Factors
Handbook, NCEA would like to update
the ventilation rate values using this
revised approach and the more recently
released data.
EPA is releasing the draft,
‘‘Metabolically-Derived Human
Ventilation Rates: A Revised Approach
Based Upon Oxygen Consumption
Rates,’’ solely for the purpose of predissemination peer review under
applicable information quality
guidelines. This document has not been
formally disseminated by EPA. It does
not represent and should not be
construed to represent any Agency
policy or determination. EPA will
consider any public comments
submitted in accordance with this
notice when revising the document.
DATES: The 30-day public comment
period begins January 24, 2007, and
ends February 23, 2007. Technical
comments should be in writing and
must be received by EPA by February
23, 2007. In a subsequent Federal
Register notice EPA will announce the
details of an external peer review
meeting that will be conducted via
teleconference.
ADDRESSES: The draft, ‘‘MetabolicallyDerived Human Ventilation Rates: A
Revised Approach Based Upon Oxygen
Consumption Rates,’’ is available
primarily via the Internet on the
National Center for Environmental
Assessment’s home page under the
Recent Additions and the Data and
PO 00000
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Fmt 4703
Sfmt 4703
3135
Publications menus at https://
www.epa.gov/ncea. A limited number of
paper copies are available from the
Technical Information Staff, NCEA–W;
telephone: 202–564–3261; facsimile:
202–565–0050. If you are requesting a
paper copy, please provide your name,
your mailing address, and the document
title, ‘‘Metabolically-Derived Human
Ventilation Rates: A Revised Approach
Based Upon Oxygen Consumption
Rates’’ (EPA/600/R–06/129A).
Comments may be submitted
electronically via www.regulations.gov,
by mail, by facsimile, or by hand
delivery/courier. Please follow the
detailed instructions provided in the
SUPPLEMENTARY INFORMATION section of
this notice.
FOR FURTHER INFORMATION CONTACT: For
information on the public comment
period, contact the Office of
Environmental Information Docket;
telephone: 202–566–1752; facsimile:
202–566–1753; or e-mail:
ORD.Docket@epa.gov.
For technical information, contact
Laurie Schuda, NCEA; telephone: 202–
564–3206; facsimile: 202–564–2018; or
e-mail: schuda.laurie@epa.gov.
SUPPLEMENTARY INFORMATION:
How To Submit Technical Comments to
the Docket at www.regulations.gov
Submit your comments, identified by
Docket ID No. EPA–HQ–ORD 2006–
0868 by one of the following methods:
• www.regulations.gov: Follow the
on-line instructions for submitting
comments.
• E-mail: ORD.Docket@epa.gov.
• Fax: 202–566–1753.
• Mail: Office of Environmental
Information (OEI) Docket (Mail Code:
2822T), U.S. Environmental Protection
Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460. The phone
number is 202–566–1752.
• Hand Delivery: The OEI Docket is
located in the EPA Headquarters Docket
Center, Room 3334, EPA West Building,
1301 Constitution Ave., NW.,
Washington, DC. The EPA Docket
Center Public Reading Room is open
from 8:30 a.m. to 4:30 p.m., Monday
through Friday, excluding legal
holidays. The telephone number for the
Public Reading Room is 202–566–1744.
Such deliveries are only accepted
during the docket’s normal hours of
operation, and special arrangements
should be made for deliveries of boxed
information.
If you provide comments by mail or
hand delivery, please submit one
unbound original with pages numbered
consecutively, and three copies of the
comments. For attachments, provide an
E:\FR\FM\24JAN1.SGM
24JAN1
]]>Agencies
[Federal Register Volume 72, Number 15 (Wednesday, January 24, 2007)]
[Notices]
[Pages 3133-3135]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-988]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2006-0689; FRL-8088-7]
Issuance of Experimental Use Permits
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: EPA has granted experimental use permits (EUPs) to the
following pesticide applicants. 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: 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: mendelsohn.mike@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 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 a docket for this action under
docket identification (ID) number EPA-HQ-OPP-2006-0689. Publicly
available docket materials are available either in the electronic
docket at https://www.regulations.gov, or, if only available in hard
copy, at the Office of
[[Page 3134]]
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.
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.
II. EUP
EPA has issued the following EUPs:
524-EUP-97. Issuance. Monsanto Co., 800 North Lindbergh Blvd., St.
Louis, MO 63167. This EUP allows the use of 165,700 lbs of corn seed
containing the following plant-incorporated protectants (PIPs) in the
amounts specified: 0.47 lbs of the Bacillus thuringiensis Cry1A.105
protein and the genetic material necessary for its production (vector
PV-ZMIR245) in Event MON 89034 corn, 0.41 lbs of the Bacillus
thuringiensis Cry2Ab2 protein and the genetic material necessary for
its production (vector PV-ZMIR245) in Event MON 89034 corn, and 1.49
lbs of the Bacillus thuringiensis Cry3Bb1 protein and the genetic
material necessary for its production (vector ZMIR39) in Event MON
88017 corn. This EUP allows the use of this seed on 1,356 acres MON
89034 corn; 363 acres MON 88017 corn; 617 acres MON 89034 x MON 88017
corn; and 461 acres non-Bt corn for 2006-2007, and 3,541 acres MON
89034 corn; 1,298 acres MON 88017 corn; 1,110 acres MON 89034 x MON
88017 corn; and 531 acres non-Bt corn for 2007-2008. Eight trial
protocols will be conducted, including:
Breeding and observation nursery.
Inbred seed increase production.
Line per se hybrid yield and herbicide tolerance trials.
Insect efficacy trials.
Product characterization and performance trials.
Insect resistance management trials.
Benefit assessment trials.
Seed treatment trials.
The program is authorized only in the States of Alabama, Arizona,
California, Colorado, Florida, Georgia, Hawaii, Idaho, Iowa, Illinois,
Indiana, Kansas, Kentucky, Louisiana, Maryland, Michigan, Minnesota,
Missouri, Mississippi, North Carolina, Nebraska, Ohio, Oregon,
Pennsylvania, Puerto Rico, South Dakota, Tennessee, Texas, Washington,
and Wisconsin. The EUP is effective from June 29, 2005 to June 30,
2008, along with associated activities such as collection of field data
and harvesting and processing of seed after last planting.
Temporary and permanent exemptions from the requirement of a
tolerance have been established for residues of the active ingredients
in or on all corn commodities. One comment from a private citizen was
received in response to the notice of receipt for this permit
application, which was published in the Federal Register on May 26,
2006 (71 FR 30403) (FRL-8066-8). The private citizen indicated that she
does not favor genetically engineered corn and expressed the viewpoint
that the permittee should be required to request permission from
neighbors prior to testing. The commenter also expressed concern about
the mechanics of submitting comments via the https://www.regulations.gov
site for the notice of receipt. The Agency understands the commenter's
concerns and recognizes that some individuals believe that genetically
modified crops and food should be banned completely. Nonetheless, under
the Federal Insecticide, Fungicide, Rodenticide Act (FIFRA), the Agency
is tasked with reviewing applications for EUPs for any pesticide,
including PIPs, and granting such applications to the extent that the
conditions of FIFRA section 5, and the regulations thereunder, have
been met (subject to such terms and conditions as the Agency determines
are warranted). In this instance, EPA has determined that the relevant
statutory and regulatory conditions have been met. In addition, there
is nothing in FIFRA or in the Agency's regulations enacted thereunder
that compels, and EPA does not otherwise require, a permittee to notify
neighbors prior to testing as suggested. Finally, the Agency
understands some of the adjustments needed to use the new electronic
docketing system. One tip that should help in the future is that when
commenting on notices of receipt, commenters should either choose
``Notices'' or ``All Document Types'' in the ``Document Type'' box. If
``Proposed Rules,'' ``Rules,'' or ``Other'' are selected, ``Notices''
will not be selected in the search.
67979-EUP-4. Amendment/Extension. Syngenta Seeds, Inc., P.O. Box
12257, 3054 East Cornwallis Rd., Research Triangle Park, NC 27709-2257.
This EUP allows the use of 50,420 lbs MIR604 and Bt11 corn seed
containing the following PIPs in the amounts specified: A combined
0.0454 lbs of modified Cry3A Bacillus thuringiensis protein and the
genetic material necessary for its production (via elements of pZM26)
in Event MIR604 corn (SYN-IR6[Oslash]4-5) and Bt11 Bacillus
thuringiensis Cry1Ab delta-endotoxin and the genetic material necessary
for its production (plasmid vector pZ01502) in corn. This EUP allows
the use of this seed on 2,300 acres MIR604 modified Cry3A corn, 670
acres Bt11 Cry1Ab corn, 965 acres MIR604 x Bt11 corn, and 2,959 acres
non-Bt corn. Five trial protocols will be conducted, including:
Breeding and observation.
Efficacy evaluation.
Agronomic observation.
Inbred and hybrid production.
Regulatory studies.
The program is authorized only in the States of California,
Colorado, Florida, Hawaii, Iowa, Illinois, Indiana, Kansas, Kentucky,
Maryland, Michigan, Minnesota, Missouri, Mississippi, New Mexico,
Nebraska, New York, Ohio, Pennsylvania, Puerto Rico, South Dakota,
Texas, Virginia, and Wisconsin. The EUP is effective from March 2, 2006
to February 28, 2007, along with associated activities such as
collection of field data and harvesting and processing of seed after
last planting.
Temporary and permanent exemptions from the requirement of a
tolerance have been established for residues of the active ingredients
in or on all corn commodities. Three identical comments from a private
citizen and one comment from a grower association were received in
response to the notice of receipt for this permit application, which
was published in the Federal Register on January 25, 2006 (71 FR 4141)
(FRL-7757-7). The private citizen indicated that she does not favor
genetically engineered corn, opposed testing under this EUP except in
fully enclosed greenhouses, and expressed the viewpoint that the
permittee should be required to request permission from neighbors prior
to testing. The Agency understands the commenter's concerns and
recognizes that some individuals believe that genetically modified
crops and food should be banned completely. Nonetheless, under FIFRA,
the Agency is tasked with reviewing applications for EUPs for any
pesticide, including PIPs, and granting such applications to the extent
that the conditions of FIFRA section 5, and the regulations thereunder,
have been met (subject to such terms and conditions as the Agency
determines are warranted). In this instance, EPA has determined that
the relevant statutory and regulatory conditions have been met. In
addition, there is nothing in FIFRA or in the Agency's regulations
enacted thereunder that compels, and EPA does not otherwise require, a
permittee to notify neighbors prior to testing as
[[Page 3135]]
suggested. Finally although certain containment provisions were
required per the experimental program, the Agency did not require
testing to be conducted in fully enclosed greenhouses because such a
requirement was not necessary to mitigate risk. In contrast to the
comments from the private citizen, the grower association requested
that the Agency expeditiously grant the EUP and stated their position
that agricultural biotechnology in many cases helps reduce the use of
chemicals, improves profits, and preserves the environment. They also
mentioned the benefit to insect resistance management that the material
being tested under this EUP is intended to bring.
Authority: 7 U.S.C. 136c.
List of Subjects
Environmental protection, Experimental use permits.
Dated: January 12, 2007.
Janet L. Andersen,
Director, Biopesticides and Pollution Prevention Division, Office of
Pesticide Programs.
[FR Doc. E7-988 Filed 1-23-07; 8:45 am]
BILLING CODE 6560-50-S
