Pesticide Experimental Use Permits; Receipt of Amendment and Extension Applications; Comment Request, 71699-71701 [2010-29223]
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Federal Register / Vol. 75, No. 226 / Wednesday, November 24, 2010 / Notices
Bioscience, Inc., 12085 Research Drive,
Suite 185, Alachua, FL 32615). Product
name: Pasteuria reniformis—Pr3. Active
ingredient: Pasteuria reniformis—Pr3 at
0.01%. Proposed classification/Use:
Manufacturing-use product.
File symbol: 87485–E. Docket number:
EPA–HQ–OPP–2010–0685. Applicant:
Michael T. Novak; Keller and Heckman,
LLP; 1001 G Street, NW.; Washington,
DC 20001(on behalf of DSM Food
Specialities BV; P.O. Box 12600 MA
Delft; The Netherlands). Product name:
Natamycin L. Active ingredient:
Natamycin at 10.34%. Proposed
classification/Use: Fungicide.
File symbol: 87485–R. Docket number:
EPA–HQ–OPP–2010–0685. Applicant:
Michael T. Novak; Keller and Heckman,
LLP; 1001 G Street, NW.; Washington,
DC 20001(on behalf of DSM Food
Specialities BV, P.O. Box 12600 MA
Delft; The Netherlands). Product name:
NATAMYCIN TGAI. Active ingredient:
Natamycin at 91.02%. Proposed
classification/Use: Technical product.
List of Subjects
Environmental protection, Pesticides
and pests.
Dated: November 9, 2010.
W. Michael McDavit,
Acting Director, Biopesticides and Pollution
Prevention Division, Office of Pesticide
Programs.
[FR Doc. 2010–29224 Filed 11–23–10; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPP–2010–0926; FRL–8853–7]
Pesticide Experimental Use Permits;
Receipt of Amendment and Extension
Applications; Comment Request
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
This notice announces EPA’s
receipt of applications 264–EUP–140
and 264–EUP–143 from Bayer
CropScience LP requesting to amend
and extend the existing experimental
use permits (EUPs) for the active
ingredients Bacillus thuringiensis
Cry1Ab protein and the genetic material
necessary for its production in event
T303–3 and T304–40 cotton plants
(264–EUP–140); and Bacillus
thuringiensis Cry2Ae protein and the
genetic material necessary for its
production in event GHB119 and
GHB714 cotton plants and Bacillus
thuringiensis Cry1Ab x Cry2Ae
combined trait cotton (TwinLinkTM
Cotton) plant lines (264–EUP–143). The
WReier-Aviles on DSKGBLS3C1PROD with NOTICES
SUMMARY:
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15:30 Nov 23, 2010
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Agency has determined that the permits
may be of regional and national
significance. Therefore, in accordance
with 40 CFR 172.11(a), the Agency is
soliciting comments on these
applications.
DATES: Comments must be received on
or before December 27, 2010.
ADDRESSES: Submit your comments,
identified by docket identification (ID)
number EPA–HQ–OPP–2007–0179 for
264–EUP–140 or EPA–HQ–OPP–2007–
0884 for 264–EUP–143, by one of the
following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the on-line
instructions for submitting comments.
• 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–2007–
0179 for 264–EUP–140 or EPA–HQ–
OPP–2007–0884 for 264–EUP–143.
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 Web site 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
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71699
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
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: For
264–EUP–140, Denise Greenway,
Biopesticides and Pollution Prevention
Division (7511P), Office of Pesticide
Programs, Environmental Protection
Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460–0001; telephone
number: (703) 308–8263; e-mail address:
greenway.denise@epa.gov.
For 264–EUP–143, Shanaz Bacchus,
Biopesticides and Pollution Prevention
Division (7511P), Office of Pesticide
Programs, Environmental Protection
Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460–0001; telephone
number: (703) 308–8097; e-mail address:
bacchus.shanaz@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 who are
interested in agricultural biotechnology
or may be required to conduct testing of
pesticidal 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
E:\FR\FM\24NON1.SGM
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71700
Federal Register / Vol. 75, No. 226 / Wednesday, November 24, 2010 / Notices
WReier-Aviles on DSKGBLS3C1PROD with NOTICES
appropriate 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:
i. Identify the document by 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
burdens, explain how you arrived at
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.
3. Environmental justice. EPA seeks to
achieve environmental justice, the fair
treatment and meaningful involvement
of any group, including minority and/or
low income populations, in the
development, implementation, and
enforcement of environmental laws,
regulations, and policies. To help
address potential environmental justice
issues, the Agency seeks information on
any groups or segments of the
population who, as a result of their
location, cultural practices, or other
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15:30 Nov 23, 2010
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factors, may have atypical or
disproportionately high and adverse
human health impacts or environmental
effects from exposure to the pesticide(s)
discussed in this document, compared
to the general population.
II. What action is the agency taking?
Under section 5 of FIFRA, 7 U.S.C.
136c, EPA can allow manufacturers to
field test pesticides under development.
Manufacturers are required to obtain an
EUP before testing new pesticides or
new uses of pesticides if they conduct
experimental field tests on 10 acres or
more of land or one acre or more of
water.
Pursuant to 40 CFR 172.11(a), the
Agency has determined that the
following EUP applications may be of
regional and national significance, and
therefore is seeking public comment on
the EUP applications:
Submitter: Bayer CropScience LP,
(264–EUP–140).
Pesticide Chemical: Plantincorporated protectants (PIPs) Bacillus
thuringiensis Cry1Ab protein and the
genetic material necessary for its
production in event T303–3 and T304–
40 cotton plants.
Summary of Request: Bayer
CropScience LP has requested an
amendment and extension of EUP 264–
EUP–140, which was first granted by
EPA on February 7, 2006 (71 FR 41020;
July 19, 2006; FRL–8060–6), and was
amended on March 8, 2007 (72 FR
34009; June 20, 2007; FRL–8133–5), on
August 28, 2008 (73 FR 58949; October
8, 2008; FRL–8384–9), and on
November 24, 2008 (74 FR 10571;
March 11, 2009; FRL–8398–2). Under
the existing EUP, plantings are
permitted through December 31, 2010.
Bayer CropScience LP is now proposing
to amend the experimental program by
conducting testing on 152 acres (out of
1,602 total acres) planted to Cry1Abcontaining cotton, with up to 0.03
pound of Cry1Ab protein and the
genetic material necessary for its
production in events T303–3 and T304–
40; and to extend the amended program
to run from January 1, 2011 until
December 31, 2011. The company is
researching the potential of this cotton
PIP, Cry1Ab protein, for control of
lepidopteran larvae such as cotton
bollworm (Helicoverpa zea) and tobacco
budworm (Heliothis virescens), which
are common pests of cotton. The
proposed program will be carried out in
the States of Alabama, Arkansas,
Arizona, California, Florida, Georgia,
Louisiana, Mississippi, North Carolina,
South Carolina, Tennessee, Texas, and
the United States territory of Puerto
Rico. The proposed experimental
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program includes trials to evaluate
insect and herbicide efficacy, agronomic
performance, and breeding lines. Also
proposed is the production of seed for
future plantings of experimental and
regulatory field trials.
Submitter: Bayer CropScience LP,
(264–EUP–143).
Pesticide Chemical: Bacillus
thuringiensis Cry2Ae protein and the
genetic material necessary for its
production in event GHB119 and
GHB714 cotton PIPs, and Bacillus
thuringiensis Cry1Ab x Cry2Ae
combined trait cotton (TwinLink TM
Cotton) PIPs.
Summary of Request: Bayer
CropScience LP has requested an
amendment and extension of EUP 264–
EUP–143, which was first granted by
EPA on September 1, 2008 (73 FR
65848; November 5, 2008; FRL–8388–6).
Under the existing EUP, plantings are
permitted through December 31, 2010.
Bayer CropScience LP is now proposing
to amend the experimental program to
allow further evaluation of these cotton
plant lines in a wider range of
environmental conditions between
January 1, 2011 and December 31, 2011.
Testing is intended to include insect
efficacy trials, agronomic performance
evaluations, and herbicide efficacy
evaluations, as well as the production of
sample material for regulatory studies.
The applicant requests to conducttesting in 12 States: Alabama, Arkansas,
Arizona, California, Florida, Georgia,
Louisiana, Mississippi, North Carolina,
South Carolina, Tennessee, Texas, and
the United States territory of Puerto
Rico. Testing will be conducted on a
total of 1,919 acres of which 152 acres
will be planted to Cry2Ae and 307 acres
will be planted to Cry1Ab x Cry2Ae
combined trait cotton (TwinLink TM
Cotton). The proposed experimental
program requires up to 0.059 pound of
Cry1Ab protein from the Cry1Ab x
Cry2Ae combined trait cotton
(Twinlink TM Cotton) and up to 0.021
pound of Cry2Ae protein from the
Cry1Ab x Cry2Ae combined trait cotton
(TwinLink TM Cotton) and the Cry2Ae
cotton. The level of Cry1Ab and Cry2Ae
protein in the different plant materials
is only an estimation based on Bayer
CropScience LP’s current level of
information. The company is
researching the potential for Bacillus
thuringiensis Cry2Ae and combined
Cry1Ab and Cry2Ae proteins
(TwinLink TM Cotton) produced by the
inserted genetic material in these cotton
PIPs for control of lepidopteran larvae
such as cotton bollworm (Helicoverpa
zea), tobacco budworm (Heliothis
virescens), pink bollworm
(Pectinophora gossypiella), fall
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Federal Register / Vol. 75, No. 226 / Wednesday, November 24, 2010 / Notices
armyworm (Spodoptera frugiperda), and
beet armyworm (Spodoptera exigua).
All cotton plants to be evaluated under
this EUP contain the Cry2Ae protein
and have been derived from either
transformation event GHB119 or
GHB714 or are combinations derived
from either transformation event T303–
3 or T304–40 and event GHB119 or
GHB714.
A copy of the applications and any
information submitted is available for
public review in the dockets established
for these EUP applications as described
under ADDRESSES.
Following the review of the
applications and any comments and
data received in response to these
solicitations, EPA will decide whether
to issue or deny the EUP amendment
and extension requests, and if issued,
the conditions under which they are to
be conducted. Any issuance of the EUPs
will be announced in the Federal
Register.
List of Subjects
Environmental protection,
Experimental use permits.
Dated: November 9, 2010.
W. Michael McDavit,
Acting Director, Biopesticides and Pollution
Prevention Division, Office of Pesticide
Programs.
[FR Doc. 2010–29223 Filed 11–23–10; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–9230–7]
Science Advisory Board Staff Office;
Request for Nominations of Experts for
the Review of a Draft Microbial Risk
Assessment Guideline: Pathogenic
Microorganisms in Food and Water
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
The EPA Science Advisory
Board (SAB) Staff Office is requesting
public nominations for technical experts
to form an SAB panel to review a draft
interagency Microbial Risk Assessment
Guideline: Pathogenic Microorganisms
in Food and Water (the Guideline)
which provides a flexible framework for
conducting microbial risk assessment
that may be applied by different
agencies with various statutory
authorities.
WReier-Aviles on DSKGBLS3C1PROD with NOTICES
SUMMARY:
Nominations should be
submitted by December 15, 2010 per
instructions below.
DATES:
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15:30 Nov 23, 2010
Jkt 223001
Any
member of the public wishing further
information regarding this Notice and
Request for Nominations may contact
Mr. Thomas Carpenter, Designated
Federal Officer (DFO), SAB Staff Office,
by telephone/voice mail at (202) 564–
4885, by fax at (202) 565–2098, or via
e-mail at carpenter.thomas@epa.gov.
General information concerning the EPA
Science Advisory Board can be found at
the EPA SAB Web site at https://
www.epa.gov/sab.
SUPPLEMENTARY INFORMATION:
Background: The SAB (42 U.S.C.
4365) is a chartered Federal Advisory
Committee that provides independent
scientific and technical peer review,
advice, consultation, and
recommendations to the EPA
Administrator on the technical basis for
EPA actions. As a Federal Advisory
Committee, the SAB conducts business
in accordance with the Federal
Advisory Committee Act (FACA) (5
U.S.C. App. 2) and related regulations.
The SAB will comply with the
provisions of FACA and all appropriate
SAB Staff Office procedural policies.
EPA and the U.S. Department of
Agriculture (USDA) are leading the
Interagency Microbial Risk Assessment
(MRA) Guideline Workgroup to develop
a Guideline to improve transparency in
how Federal agencies conduct MRA and
promote consistency in terms of
approaches and methods. The Guideline
is intended to be a resource for U.S.
Federal Government risk assessors, their
contractors, and the general risk
assessment community.
The draft Guideline is focused on
infectious diseases associated with the
gastrointestinal tract and fecal/oral
transmission through food and water
but has utility to a broader variety of
scenarios. It applies to human
pathogens including viruses, bacteria,
protozoa, and fungi. In addition to
issues in common with chemical risk
assessment the document addresses
issues that are unique to MRA such as
secondary transmission, variation in
immune status, and fluctuation in
microbial populations.
The EPA Office of the Science
Advisor’s Risk Assessment Forum has
requested the SAB to review the draft
Microbial Risk Assessment Guideline:
Pathogenic Microorganisms in Food and
Water to assess the appropriateness of
the Guideline to provide technical
guidance and its efficacy as a resource
in conducting MRA. The SAB Staff
Office will consider nominations
received in response to this FR Notice,
members of the Science Advisory Board,
and the USDA National Advisory
FOR FURTHER INFORMATION CONTACT:
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71701
Committee on Microbiological Criteria
for Foods (NACMCF) to form an expert
panel under the auspices of the SAB to
review the draft MRA Guideline.
Request for Nominations: The SAB
Staff Office is seeking nominations of
nationally and internationally
recognized scientists and risk assessors
with demonstrated expertise and
research or management experience in
one or more of the following areas:
Microbiology, infectious disease, food
safety, exposure assessment,
biostatistics, public health, risk
assessment and risk communication. We
are particularly interested in scientists
and risk assessors with direct
experience in the design, management,
and implementation of public health
protection programs that have included
development of approaches to assess
exposure reduction to food- and waterborne pathogens.
Availability of the review materials:
Information on the Guideline is
available on the EPA Risk Assessment
Forum Web site https://www.epa.gov/raf/
microbial.htm. For questions concerning
the MRA Guideline, please contact Dr.
Kathryn Gallagher, Executive Director,
Risk Assessment Forum, Office of the
Science Advisor US EPA, Mail Code,
8105R, 1200 Pennsylvania Ave, NW.,
Washington, DC 20460, (phone) 202–
564–1398 (fax) 202–564–2070 or at
gallagher.kathryn@epa.gov.
Process and Deadline for Submitting
Nominations: Any interested person or
organization may nominate qualified
individuals in the areas of expertise
described above for possible service on
this expert Panel. Nominations should
be submitted in electronic format
(which is preferred over hard copy)
following the instructions for
‘‘Nominating Experts to Advisory Panels
and Ad Hoc Committees Being Formed’’
provided on the SAB Web site. The
instructions can be accessed through the
‘‘Nomination of Experts’’ link on the
blue navigational bar on the SAB Web
site at https://www.epa.gov/sab. To
receive full consideration, nominations
should include all of the information
requested below.
EPA’s SAB Staff Office requests
contact information about the person
making the nomination; contact
information about the nominee; the
disciplinary and specific areas of
expertise of the nominee; the nominee’s
curriculum vita; sources of recent grant
and/or contract support; and a
biographical sketch of the nominee
indicating current position, educational
background, research activities, and
recent service on other national
advisory committees or national
professional organizations.
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Agencies
[Federal Register Volume 75, Number 226 (Wednesday, November 24, 2010)]
[Notices]
[Pages 71699-71701]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-29223]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-HQ-OPP-2010-0926; FRL-8853-7]
Pesticide Experimental Use Permits; Receipt of Amendment and
Extension Applications; Comment Request
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice announces EPA's receipt of applications 264-EUP-
140 and 264-EUP-143 from Bayer CropScience LP requesting to amend and
extend the existing experimental use permits (EUPs) for the active
ingredients Bacillus thuringiensis Cry1Ab protein and the genetic
material necessary for its production in event T303-3 and T304-40
cotton plants (264-EUP-140); and Bacillus thuringiensis Cry2Ae protein
and the genetic material necessary for its production in event GHB119
and GHB714 cotton plants and Bacillus thuringiensis Cry1Ab x Cry2Ae
combined trait cotton (TwinLinkTM Cotton) plant lines (264-
EUP-143). The Agency has determined that the permits may be of regional
and national significance. Therefore, in accordance with 40 CFR
172.11(a), the Agency is soliciting comments on these applications.
DATES: Comments must be received on or before December 27, 2010.
ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2007-0179 for 264-EUP-140 or EPA-HQ-OPP-2007-
0884 for 264-EUP-143, by one of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the on-line instructions for submitting comments.
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-
2007-0179 for 264-EUP-140 or EPA-HQ-OPP-2007-0884 for 264-EUP-143.
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 e-mail. The
regulations.gov Web site 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 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: For 264-EUP-140, Denise Greenway,
Biopesticides and Pollution Prevention Division (7511P), Office of
Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001; telephone number: (703) 308-8263;
e-mail address: greenway.denise@epa.gov.
For 264-EUP-143, Shanaz Bacchus, Biopesticides and Pollution
Prevention Division (7511P), Office of Pesticide Programs,
Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number: (703) 308-8097; e-mail
address: bacchus.shanaz@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 who are interested in
agricultural biotechnology or may be required to conduct testing of
pesticidal 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
[[Page 71700]]
appropriate 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:
i. Identify the document by 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 burdens, explain how you
arrived at 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.
3. Environmental justice. EPA seeks to achieve environmental
justice, the fair treatment and meaningful involvement of any group,
including minority and/or low income populations, in the development,
implementation, and enforcement of environmental laws, regulations, and
policies. To help address potential environmental justice issues, the
Agency seeks information on any groups or segments of the population
who, as a result of their location, cultural practices, or other
factors, may have atypical or disproportionately high and adverse human
health impacts or environmental effects from exposure to the
pesticide(s) discussed in this document, compared to the general
population.
II. What action is the agency taking?
Under section 5 of FIFRA, 7 U.S.C. 136c, EPA can allow
manufacturers to field test pesticides under development. Manufacturers
are required to obtain an EUP before testing new pesticides or new uses
of pesticides if they conduct experimental field tests on 10 acres or
more of land or one acre or more of water.
Pursuant to 40 CFR 172.11(a), the Agency has determined that the
following EUP applications may be of regional and national
significance, and therefore is seeking public comment on the EUP
applications:
Submitter: Bayer CropScience LP, (264-EUP-140).
Pesticide Chemical: Plant-incorporated protectants (PIPs) Bacillus
thuringiensis Cry1Ab protein and the genetic material necessary for its
production in event T303-3 and T304-40 cotton plants.
Summary of Request: Bayer CropScience LP has requested an amendment
and extension of EUP 264-EUP-140, which was first granted by EPA on
February 7, 2006 (71 FR 41020; July 19, 2006; FRL-8060-6), and was
amended on March 8, 2007 (72 FR 34009; June 20, 2007; FRL-8133-5), on
August 28, 2008 (73 FR 58949; October 8, 2008; FRL-8384-9), and on
November 24, 2008 (74 FR 10571; March 11, 2009; FRL-8398-2). Under the
existing EUP, plantings are permitted through December 31, 2010. Bayer
CropScience LP is now proposing to amend the experimental program by
conducting testing on 152 acres (out of 1,602 total acres) planted to
Cry1Ab-containing cotton, with up to 0.03 pound of Cry1Ab protein and
the genetic material necessary for its production in events T303-3 and
T304-40; and to extend the amended program to run from January 1, 2011
until December 31, 2011. The company is researching the potential of
this cotton PIP, Cry1Ab protein, for control of lepidopteran larvae
such as cotton bollworm (Helicoverpa zea) and tobacco budworm
(Heliothis virescens), which are common pests of cotton. The proposed
program will be carried out in the States of Alabama, Arkansas,
Arizona, California, Florida, Georgia, Louisiana, Mississippi, North
Carolina, South Carolina, Tennessee, Texas, and the United States
territory of Puerto Rico. The proposed experimental program includes
trials to evaluate insect and herbicide efficacy, agronomic
performance, and breeding lines. Also proposed is the production of
seed for future plantings of experimental and regulatory field trials.
Submitter: Bayer CropScience LP, (264-EUP-143).
Pesticide Chemical: Bacillus thuringiensis Cry2Ae protein and the
genetic material necessary for its production in event GHB119 and
GHB714 cotton PIPs, and Bacillus thuringiensis Cry1Ab x Cry2Ae combined
trait cotton (TwinLink \TM\ Cotton) PIPs.
Summary of Request: Bayer CropScience LP has requested an amendment
and extension of EUP 264-EUP-143, which was first granted by EPA on
September 1, 2008 (73 FR 65848; November 5, 2008; FRL-8388-6). Under
the existing EUP, plantings are permitted through December 31, 2010.
Bayer CropScience LP is now proposing to amend the experimental program
to allow further evaluation of these cotton plant lines in a wider
range of environmental conditions between January 1, 2011 and December
31, 2011. Testing is intended to include insect efficacy trials,
agronomic performance evaluations, and herbicide efficacy evaluations,
as well as the production of sample material for regulatory studies.
The applicant requests to conduct-testing in 12 States: Alabama,
Arkansas, Arizona, California, Florida, Georgia, Louisiana,
Mississippi, North Carolina, South Carolina, Tennessee, Texas, and the
United States territory of Puerto Rico. Testing will be conducted on a
total of 1,919 acres of which 152 acres will be planted to Cry2Ae and
307 acres will be planted to Cry1Ab x Cry2Ae combined trait cotton
(TwinLink \TM\ Cotton). The proposed experimental program requires up
to 0.059 pound of Cry1Ab protein from the Cry1Ab x Cry2Ae combined
trait cotton (Twinlink \TM\ Cotton) and up to 0.021 pound of Cry2Ae
protein from the Cry1Ab x Cry2Ae combined trait cotton (TwinLink \TM\
Cotton) and the Cry2Ae cotton. The level of Cry1Ab and Cry2Ae protein
in the different plant materials is only an estimation based on Bayer
CropScience LP's current level of information. The company is
researching the potential for Bacillus thuringiensis Cry2Ae and
combined Cry1Ab and Cry2Ae proteins (TwinLink \TM\ Cotton) produced by
the inserted genetic material in these cotton PIPs for control of
lepidopteran larvae such as cotton bollworm (Helicoverpa zea), tobacco
budworm (Heliothis virescens), pink bollworm (Pectinophora
gossypiella), fall
[[Page 71701]]
armyworm (Spodoptera frugiperda), and beet armyworm (Spodoptera
exigua). All cotton plants to be evaluated under this EUP contain the
Cry2Ae protein and have been derived from either transformation event
GHB119 or GHB714 or are combinations derived from either transformation
event T303-3 or T304-40 and event GHB119 or GHB714.
A copy of the applications and any information submitted is
available for public review in the dockets established for these EUP
applications as described under ADDRESSES.
Following the review of the applications and any comments and data
received in response to these solicitations, EPA will decide whether to
issue or deny the EUP amendment and extension requests, and if issued,
the conditions under which they are to be conducted. Any issuance of
the EUPs will be announced in the Federal Register.
List of Subjects
Environmental protection, Experimental use permits.
Dated: November 9, 2010.
W. Michael McDavit,
Acting Director, Biopesticides and Pollution Prevention Division,
Office of Pesticide Programs.
[FR Doc. 2010-29223 Filed 11-23-10; 8:45 am]
BILLING CODE 6560-50-P