Issuance of an Experimental Use Permit, 709-710 [E8-31409]

Download as PDF Federal Register / Vol. 74, No. 4 / Wednesday, January 7, 2009 / Notices comments will be further described in the NOI. The EIS/EIR process will also include public review and hearings on the draft EIS/EIR; publication of a final EIS/EIR; and publication of a record of decision anticipated in early 2011. Dated: December 22, 2008. Timothy J. Meeks, Administrator. [FR Doc. E9–53 Filed 1–6–09; 8:45 am] BILLING CODE 6450–01–P ENVIRONMENTAL PROTECTION AGENCY II. EUP [EPA–HQ–OPP–2008–0933; FRL–8398–7] Issuance of an Experimental Use Permit AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: EPA has granted an experimental use permit (EUP) (524EUP-99) to the pesticide applicant-Monsanto Company. 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: Mike Mendelsohn@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–2008–0933. 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 VerDate Nov<24>2008 16:10 Jan 06, 2009 Jkt 217001 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. EPA has issued the following EUP: 524-EUP-99—Issuance. Monsanto Company, 800 N. Lindbergh Blvd St. Louis, MO 63167. This EUP allows the use of the plant-incorporated protectants: 1. Bacillus thuringiensis Cry1A.105 protein and the genetic material necessary for its production (vector PVZMIR245) in event MON 89034 corn, 2. Bacillus thuringiensis Cry2Ab2 protein and the genetic material necessary for its production (vector PVZMIR245) in event MON 89034 corn, 3. Bacillus thuringiensis Cry3Bb1 protein and the genetic material necessary for its production (vector ZMIR39) in event MON 88017 corn (Organization for Economic Cooperation Development (OECD) Unique Identifier: MON-88017-3), 4. Bacillus thuringiensis Cry1F protein and the genetic material necessary for its production (plasmid insert PHI 8999) in corn (TC1507), 5. Bacillus thuringiensis Cry34Ab1 and Cry 35Ab1 proteins and the genetic material necessary for their production (plasmid insert PHP 17662) in event DAS-59122-7 corn. These plant-incorporated protectants will be planted in the following combinations: • MON 89034, • MON 89034 x MON 88017, • MON 89034 x TC1507, • MON 89034 x DAS-59122-7, • MON 89034 x MON 88017 x TC1507, • MON 89034 x TC1507 x DAS59122-7, • MON 89034 x MON 88017 x DAS59122-7, • MON 88017 x TC1507 x DAS59122-7, • MON 88017, • TC1507, • DAS-59122-7, • TC1507 x DAS-59122-7, and • MON 89034 x MON 88017 x TC1507 x DAS-59122-7. The quantity authorized equates to 73, 080 lbs of corn seed (4.385 lbs active PO 00000 Frm 00039 Fmt 4703 Sfmt 4703 709 ingredients) on 4993 acres. This program is authorized to take place in the states of Alabama, Arkansas, California, Colorado, Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maryland, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, New York, North Carolina, Ohio, Oregon, Pennsylvania, Puerto Rico, South Dakota, Tennessee, Texas, Washington, and Wisconsin. This EUP is effective from July 17, 2008, through June 30, 2009, and allows the protocols of breeding and observation, inbred seed increase and sample hybrid production, line per se, hybrid yield and herbicide tolerance trials, insect efficacy, product characterization and performance trials, insect resistance management trials, benefit trials, and seed treatment trials. Two comments were submitted in response to the notice of receipt for this permit application which was published in the Federal Register on April 16, 2008 (73 FR 20625) (FRL–8357–8). Both comments were submitted by one individual who objected to issuance of an EUP. Comments expressed concern over Monsanto’s credibility, unspecified environmental and human health effects, as well as the Agency’s methodology in granting EUPs. The Agency understands the commenter’s concerns and recognizes that some individuals believe that genetically modified crops and food should be banned completely. However, under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), the Agency is tasked with reviewing applications for EUPs 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. Furthermore, EPA has concluded that there is a reasonable certainty that no harm will result from dietary exposure to these proteins as expressed in corn. Further, the Agency has concluded that no adverse environmental effects will be expected from their expression in corn via the subject testing which is of limited scope and duration. III. What is the Agency’s Authority for Taking this Action? The Agency’s authority for taking this action is 7 U.S.C. 136c. E:\FR\FM\07JAN1.SGM 07JAN1 710 Federal Register / Vol. 74, No. 4 / Wednesday, January 7, 2009 / Notices List of Subjects Environmental protection, Experimental use permits. Dated: December 29, 2008. W. Michael McDavit, Acting Director, Biopesticides and Pollution Prevention Division, Office of Pesticide Programs. [FR Doc. E8–31409 Filed 1–6–09; 8:45 am] BILLING CODE 6560–50–S ENVIRONMENTAL PROTECTION AGENCY [EPA–HQ–OPP–2008–0135; FRL–8397–5] Pesticide Experimental Use Permit; Receipt of Application Amendment; Comment Request AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: This notice announces EPA’s receipt of an application 524–EUP–99 from Monsanto Company requesting an amendment to the experimental use permit (EUP) for the plant-incorporated protectants: 1) Bacillus thuringiensis Cry1A.105 protein and the genetic material necessary for its production (vector PV–ZMIR245) in event MON 89034 corn, 2) Bacillus thuringiensis Cry2Ab2 protein and the genetic material necessary for its production (vector PV–ZMIR245) in event MON 89034 corn, 3) Bacillus thuringiensis Cry3Bb1 protein and the genetic material necessary for its production (vector ZMIR39) in Event MON 88017 corn (Organization for Economic Cooperation and Development (OECD) Unique Identifier: MON–88017–3), 4) Bacillus thuringiensis subspecies Cry1F protein and the genetic material necessary for its production (vector PHI 8999) in corn, and 5) Bacillus thuringiensis Cry34Ab1 and Cry35Ab1 proteins and the genetic material necessary for their production (vector PHP 17662) in Event DAS–59122–7 corn. The Agency has determined that the permit may be of regional and national significance. Therefore, in accordance with 40 CFR 172.11(a), the Agency is soliciting comments on this application. DATES: Comments must be received on or before February 6, 2009. ADDRESSES: Submit your comments, identified by docket identification (ID) number EPA–HQ–OPP–2008–0135, by one of the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the on-line instructions for submitting comments. VerDate Nov<24>2008 16:10 Jan 06, 2009 Jkt 217001 • Mail: Office of Pesticide Programs (OPP) Regulatory Public Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460–0001. • Delivery: OPP Regulatory Public Docket (7502P), Environmental Protection Agency, Rm. S–4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington,VA. Deliveries are only accepted during the Docket Facility’s normal hours of operation (8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays). Special arrangements should be made for deliveries of boxed information. The Docket Facility telephone number is (703) 305–5805. Instructions: Direct your comments to docket ID number EPA–HQ–OPP–2008– 0135. EPA’s policy is that all comments received will be included in the docket without change and may be made available on-line at https:// www.regulations.gov, including any personal information provided, unless the comment includes information claimed to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through regulations.gov or email. The regulations.gov website is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through regulations.gov, your e-mail address will be automatically captured and included as part of the comment that is placed in the docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. Docket: All documents in the docket are listed in the docket index available at https://www.regulations.gov. Although listed in the index, some information is not publicly available, e.g., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, is not placed on the Internet and will be publicly available only in hard copy form. Publicly available docket materials are available either in the PO 00000 Frm 00040 Fmt 4703 Sfmt 4703 electronic docket at https:// www.regulations.gov, or, if only available in hard copy, at the OPP Regulatory Public Docket in Rm. S– 4400, One Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The hours of operation of this Docket Facility are from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The Docket Facility telephone number is (703) 305–5805. FOR FURTHER INFORMATION CONTACT: Susanne Cerrelli, Biopesticides and Pollution Prevention Division (7511P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460–0001; telephone number: (703) 308–8077; e-mail address: cerrelli.susanne@epa.gov. SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? This action is directed to the public in general. This action may, however, be of interest to those persons interested in agricultural biotechnology or those who are or may be required to conduct testing of chemical substances under the Federal Food, Drug, and Cosmetic Act (FFDCA) or the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA). Since other entities may also be interested, the Agency has not attempted to describe all the specific entities that may be affected by this action. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT. B. What Should I Consider as I Prepare My Comments for EPA? 1. Submitting CBI. Do not submit this information to EPA through regulations.gov or e-mail. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as CBI and then identify electronically within the disk or CD-ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. 2. Tips for preparing your comments. When submitting comments, remember to: E:\FR\FM\07JAN1.SGM 07JAN1

Agencies

[Federal Register Volume 74, Number 4 (Wednesday, January 7, 2009)]
[Notices]
[Pages 709-710]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-31409]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2008-0933; FRL-8398-7]


Issuance of an Experimental Use Permit

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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

SUMMARY: EPA has granted an experimental use permit (EUP) (524-EUP-99) 
to the pesticide applicant--Monsanto Company. 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: Mike Mendelsohn@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-2008-0933. 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 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 EUP:
    524-EUP-99--Issuance. Monsanto Company, 800 N. Lindbergh Blvd St. 
Louis, MO 63167. This EUP allows the use of the plant-incorporated 
protectants:
    1. Bacillus thuringiensis Cry1A.105 protein and the genetic 
material necessary for its production (vector PV-ZMIR245) in event MON 
89034 corn,
    2. Bacillus thuringiensis Cry2Ab2 protein and the genetic material 
necessary for its production (vector PV-ZMIR245) in event MON 89034 
corn,
    3. Bacillus thuringiensis Cry3Bb1 protein and the genetic material 
necessary for its production (vector ZMIR39) in event MON 88017 corn 
(Organization for Economic Cooperation Development (OECD) Unique 
Identifier: MON-88017-3),
    4. Bacillus thuringiensis Cry1F protein and the genetic material 
necessary for its production (plasmid insert PHI 8999) in corn 
(TC1507),
    5. Bacillus thuringiensis Cry34Ab1 and Cry 35Ab1 proteins and the 
genetic material necessary for their production (plasmid insert PHP 
17662) in event DAS-59122-7 corn.
    These plant-incorporated protectants will be planted in the 
following combinations:
     MON 89034,
     MON 89034 x MON 88017,
     MON 89034 x TC1507,
     MON 89034 x DAS-59122-7,
     MON 89034 x MON 88017 x TC1507,
     MON 89034 x TC1507 x DAS-59122-7,
     MON 89034 x MON 88017 x DAS-59122-7,
     MON 88017 x TC1507 x DAS-59122-7,
     MON 88017,
     TC1507,
     DAS-59122-7,
     TC1507 x DAS-59122-7, and
     MON 89034 x MON 88017 x TC1507 x DAS-59122-7.
    The quantity authorized equates to 73, 080 lbs of corn seed (4.385 
lbs active ingredients) on 4993 acres. This program is authorized to 
take place in the states of Alabama, Arkansas, California, Colorado, 
Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kansas, Kentucky, 
Louisiana, Maryland, Michigan, Minnesota, Mississippi, Missouri, 
Montana, Nebraska, New York, North Carolina, Ohio, Oregon, 
Pennsylvania, Puerto Rico, South Dakota, Tennessee, Texas, Washington, 
and Wisconsin. This EUP is effective from July 17, 2008, through June 
30, 2009, and allows the protocols of breeding and observation, inbred 
seed increase and sample hybrid production, line per se, hybrid yield 
and herbicide tolerance trials, insect efficacy, product 
characterization and performance trials, insect resistance management 
trials, benefit trials, and seed treatment trials.
    Two comments were submitted in response to the notice of receipt 
for this permit application which was published in the Federal Register 
on April 16, 2008 (73 FR 20625) (FRL-8357-8). Both comments were 
submitted by one individual who objected to issuance of an EUP. 
Comments expressed concern over Monsanto's credibility, unspecified 
environmental and human health effects, as well as the Agency's 
methodology in granting EUPs. The Agency understands the commenter's 
concerns and recognizes that some individuals believe that genetically 
modified crops and food should be banned completely. However, under the 
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), the Agency 
is tasked with reviewing applications for EUPs 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. Furthermore, EPA has concluded that there is 
a reasonable certainty that no harm will result from dietary exposure 
to these proteins as expressed in corn. Further, the Agency has 
concluded that no adverse environmental effects will be expected from 
their expression in corn via the subject testing which is of limited 
scope and duration.

III. What is the Agency's Authority for Taking this Action?

    The Agency's authority for taking this action is 7 U.S.C. 136c.

[[Page 710]]

List of Subjects

    Environmental protection, Experimental use permits.


    Dated: December 29, 2008.
W. Michael McDavit,
Acting Director, Biopesticides and Pollution Prevention Division, 
Office of Pesticide Programs.
[FR Doc. E8-31409 Filed 1-6-09; 8:45 am]
BILLING CODE 6560-50-S
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.