UNITED
STATES
ENVIRONMENTAL
PROTECTION
AGENCY
WASHINGTON,
D.
C.
20460
OFFICE
OF
PREVENTION,
PESTICIDES
AND
TOXIC
SUBSTANCES
JAN
21
2005
Dr.
Penny
Hunst
Regulatory
Manager
Mycogen
Seeds
c/
o
Dow
AgroSciences
LLC
9330
Zionsville
Road
Indianapolis,
IN
46268­
1054
Dear
Dr.
Hunst:

Subject:
Bacillus
thuringiensis
Cry34/[
35]*
Ab1
Proteins
and
the
Genetic
Material
Necessary
for
their
Production
(
From
the
Insert
of
Plasmid
PHP17662)
in
Corn
/
Your
Amendment/
Extension
Request;
December
20,
2004
Revised
Experimental
Program
Section
G;
and
January
17,
2005
Letter
and
Revised
Acreage
Request
EPA
Experimental
Use
Permit
No.
68467­
EUP­
7
Effective
Dates:
January
21,
2005
Through
April
30,
2006
and
Associated
Activities
Such
as
Collection
of
Field
Data;
Harvesting
&
Processing
of
Seed
After
Last
Planting;
and
Containment
Activities
Such
as
Destruction
of
Volunteer
Corn
Plants
Quantity
Authorized:
2734.85
grams
Cry34Ab1
and
10.88
grams
Cry35Ab1
in
Seeds
On
the
basis
of
the
information
furnished
by
the
applicant
and
the
annexed
program,
an
experimental
use
permit
under
§
5
of
the
Federal
Insecticide,
Fungicide,
and
Rodenticide
Act
is
hereby
amended/
extended
for
Bacillus
thuringiensis
Cry34/[
35]*
Ab1
proteins
and
the
genetic
material
necessary
for
their
production
(
from
the
insert
of
plasmid
PHP17662)
in
corn.
A
temporary
tolerance
exemption
under
40
CFR
§
180.1242
is
associated
with
this
experimental
use
permit.

Prior
to
shipment
and/
or
use
of
the
subject
corn,
you
must
consult
with
the
pesticide
regulatory
officials
and,
if
applicable,
the
biotechnology
regulatory
officials
of
the
State(
s)
in
which
your
experimental
program
will
be
conducted,
and
obtain
a
State
permit
or
license
if
such
is
required.
(
Note
Hawaii's
reporting
requirement
for
genetically
modified
organisms
under
section
321­
11.6
of
the
Hawaii
revised
statutes.)
Issuance
of
this
Federal
permit
does
not
negate
the
need
for
permission
from
individual
States.
Prior
to
initiating
this
experimental
program
in
any
State,
you
are
to
notify
the
lead
Agency
of
the
State(
s)
in
which
your
experimental
program
will
be
conducted
of
the
specific
testing
program
(
when,
where,
how
much,
etc.).
Failure
to
do
so
may
result
in
revocation
or
modification
of
this
EUP.
You
must
comply
with
all
requirements
of
the
USDA/
APHIS
as
they
apply
to
the
proposed
testing.

You
must
provide
notice
to
the
State
pesticide
regulatory
Agency
at
least
72
hours
before
you
begin
to
apply
the
experimental
use
product.
You
must
also
provide
a
copy
of
this
2
authorization
letter
and
stamped
labels,
as
well
as
the
non­
confidential
portion
of
the
Section
G
(
the
December
20,
2004
version
of
your
section
G
modified
to
include
the
acreage
table
in
your
January
17,
2005
submission
and
the
protocol
acreage
limitations
below)
to
all
cooperators,
participants,
and
users
prior
to
the
initial
pesticide
application
made
in
accordance
with
the
EUP
amendment/
extension.
The
Agency
is
also
notifying
the
relevant
EPA
Region(
s),
by
sending
them
copies
of
this
EUP.

Conditions
under
which
the
EUP
is
being
issued
are
as
follows.

1.
The
amount
of
corn
seed
planted
of
(
1)
Bacillus
thuringiensis
Cry34/[
35]*
Ab1
proteins
and
the
genetic
material
necessary
for
their
production
(
construct
PHP17662,
event
DAS­
59122­
7)
in
corn,
(
2)
Bacillus
thuringiensis
Cry1F
protein
and
the
genetic
material
necessary
for
its
production
(
construct
PHP8999,
event
TC1507)
in
corn
,
(
3)
stacked
Bacillus
thuringiensis
Cry34/[
35]*
Ab1
proteins
and
the
genetic
material
necessary
for
their
production
(
construct
PHP17662,
event
DAS­
59122­
7)
in
corn
X
Bacillus
thuringiensis
Cry1F
protein
and
the
genetic
material
necessary
for
its
production
(
construct
PHP8999,
event
TC1507)
corn,
and
(
4)
any
non­
transgenic
corn
to
be
used
will
not
exceed
the
amount
needed
to
plant
a
total
of
3096
acres.

2.
The
permittee
will
immediately
notify
the
Environmental
Protection
Agency
of
any
findings
from
the
experimental
uses
that
have
a
bearing
on
safety
(
i.
e.,
reporting
to
the
Agency
of
any
adverse
effects
from
the
use
of,
or
exposure
to,
the
pesticide
is
required).
The
permittee
will
also
keep
records
of
production,
distribution
and
performance,
and,
on
request,
make
the
records
available
to
any
authorized
officer
or
employee
of
the
Environmental
Protection
Agency.

3.
You
must
provide
a
final
report
within180
days
of
the
expiration
of
the
permit.
The
final
report
must
include
all
of
the
items
set
forth
in
40
CFR
§
172.8(
b).

4.
Per
40
CFR
§
17[
2]*.
4(
b)(
v),
you
must
provide
the
name
and
street
address
of
all
cooperators
as
soon
as
available
and
prior
to
planting.

5.
The
labeling
submitted
in
connection
with
your
application
is
acceptable
and
must
be
used
for
all
shipments
of
seed
subsequent
to
receiving
this
approval
and
be
in
possession
of
the
user
under
this
EUP.
A
stamped
copy
of
the
label
which
contains
the
correct
EUP
number,
68467­
EUP­
7,
is
enclosed
for
your
records.

6.
This
experimental
use
permit
is
not
a
limited
seed
increase
registration
under
§
3
of
FIFRA
and
plantings
solely
for
commercial
seed
increase
are
prohibited
7.
Future
submissions
should
provide
more
detailed
protocol
descriptions
(
e.
g.
states
where
specific
trials
will
be
conducted,
number
of
trials
per
state,
number
of
hybrid/
inbred
lines
to
be
tested,
etc.)
that
clearly
justify
the
need
for
the
trial
and
acreage.
3
8.
State­
by­
state
breakdowns
of
acreage
and
locations
needed
per
protocol
must
be
provided
in
the
final
report.

Based
upon
the
submitted
experimental
program,
the
subject
corn
seed
may
be
shipped
for
use
under
this
permit
to
the
following
State(
s)
and
be
planted
on
the
following
acreage,
provided
that
the
that
the
agronomically
justified
acreage
as
listed
below
is
not
exceeded
States
agree
to
the
trials
and
all
other
requirements
of
the
USDA/
APHIS
have
been
met
as
they
apply
to
the
testing
and
:

STATE
or
COMMONWEALTH
ACREAGE
Hawaii
225
Illinois
115.5
Indiana
98.5
Iowa
662
Kansas
1.5
Kentucky
0.5
Michigan
1.5
Minnesota
42.5
Missouri
1.5
Nebraska
1735
New
York
0.5
North
Dakota
6.5
Ohio
8.5
Pennsylvania
1.5
Puerto
Rico
152
South
Dakota
1.5
Texas
0.5
Wisconsin
41.5
Total
3096.0
Acres
4
March
2005­
April
2006
EUP
Protocols
EUP
Acres
Requested
Agronomically
Justified
Breeding
and
observation
nursery
277
277
Agronomic
observation
trials
2,401
2,000
Glufosinate
herbicide
tolerance
study
2,199
750
Efficacy
trial
44
44
Insect
resistance
management
studies
25
25
Totals
4,946
3,096
Sincerely,

/
s/

Janet
L.
Andersen,
Ph.
D.,
Director
Biopesticides
and
Pollution
Prevention
Division
(
7511C)

Enclosures
*
Typographical
Correction
