

[Federal Register: June 20, 2007 (Volume 72, Number 118)]
[Notices]               
[Page 34009-34010]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr20jn07-89]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2007-0179; FRL-8133-5]

 
Issuance of Experimental Use Permits

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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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: Alan Reynolds, Biopesticides and 
Pollution Prevention Division (7511P), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 605-0515; e-mail 
address: reynolds.alan@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-2007-0179. Publicly 
available docket materials are available either in the electronic 
docket at http://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 http://www.epa.gov/fedrgstr.


II. EUPs

    EPA has issued the following EUPs:
    264-EUP-140. Extension. Bayer CropScience LP, 2. T.W. Alexander 
Drive, Research Triangle Park, NC 27709. This EUP allows the use of 
1,008 pounds of cotton seed containing the following plant incorporated 
protectant (PIP) in the amount specified: 0.016 pounds of Cry1Ab 
protein and the genetic material necessary for its production (vector 
pTDL004) in Events T303-3 and T304-40 cotton. This EUP allows the use 
of this seed on 84 acres of Events T303-3 and T304-40 cotton. Four 
trial protocols will be conducted, including:
     Efficacy testing.
     Agronomic evaluation.
     Dissemination of pollen evaluation.
     Production of sample material for use in regulatory 
studies.
    The program is authorized only in the States of Arizona, 
California, Georgia, Louisiana, Mississippi, North Carolina, South 
Carolina, and Texas. The EUP is effective from March 8, 2007 to May 1, 
2008.
    An exemption from tolerance has been established for residues of 
the active ingredient in or on all cotton commodities. One comment was 
received from a private citizen in response to the notice of receipt 
for this permit application, which was published in the Federal 
Register on January 17, 2007 (72 FR 1993) (FRL-8105-7). The private 
citizen indicated that she 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. Under the 
Federal Insecticide, Fungicide, and 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, 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.
    67979-EUP-6. Issuance. Syngenta Seeds, Inc., P.O. Box 12257, 
Research Triangle Park, NC 27709. This EUP allows the use of 62,173 
pounds of corn seed containing the following plant incorporated 
protectants (PIPs) in the amounts specified: 0.916 pounds of Vip3Aa20 
protein and the genetic material necessary for its production (vector 
pNOV1300) in Event MIR 162 corn, 0.046 pounds of Cry1Ab protein and the 
genetic material necessary for its production (vector pZO1502) in Event 
Bt11 corn, and 0.013 pounds of mCry3A protein and the genetic material 
necessary for its production (vector pZM26) in Event MIR 604 corn. This 
EUP allows the use of this seed on 536 acres of MIR 162 corn; 220 acres 
of Bt11 corn; 199 acres of MIR 604 corn; 469 acres of Bt11 x MIR 162 
corn; and 468 acres of Bt11 x MIR 162 x MIR 604 corn for 2007-2008. 
Five trial protocols will be conducted, including:
     Breeding and observation.
     Insect efficacy.
     Agronomic evaluation.
     Inbred and hybrid seed production.
     Regulatory studies.
    The program is authorized only in the States of California, 
Colorado, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, 
Kansas, Kentucky, Louisiana, Maryland, Minnesota, Mississippi, 
Missouri, Nebraska, New York, Ohio, Puerto Rico, South Dakota, Texas, 
and Wisconsin. The EUP is effective from March 21, 2007 to March 31, 
2008.
    Permanent or temporary exemptions from tolerance have been 
established for

[[Page 34010]]

residues of the active ingredients in or on all corn commodities.
    67979-EUP-7. Issuance. Syngenta Seeds, Inc., P.O. Box 12257, 
Research Triangle Park, NC 27709. This EUP allows the use of 13,483 
pounds of cotton seed containing the following plant incorporated 
protectants (PIPs) in the amounts specified: 0.010 pounds of Vip3Aa19 
protein and the genetic material necessary for its production (vector 
pCOT1) in Event COT102 cotton and 0.082 pounds of Cry1Ab protein and 
the genetic material necessary for its production (vector pNOV4641) in 
Event COT67B cotton. This EUP allows the use of this seed on 28 acres 
of COT102 cotton; 28 acres of COT67B cotton; and 274 acres of COT102 x 
COT67B cotton. Five trial protocols will be conducted, including:
     Breeding and observation.
     Insect efficacy.
     Agronomic evaluation.
     Seed increase.
     Product characterization.
    The program is authorized only in the States of Alabama, Arizona, 
Arkansas, California, Florida, Georgia, Hawaii, Louisiana, Mississippi, 
Missouri, North Carolina, Oklahoma, South Carolina, Tennessee, Texas, 
and Virginia. The EUP is effective from April 26, 2007 to April 30, 
2008.
    Permanent or temporary exemptions from tolerance have been 
established for residues of the active ingredients in or on all cotton 
commodities.


    Authority: 7 U.S.C. 136c.

List of Subjects

    Environmental protection, Experimental use permits.


    Dated: June 6, 2007.
Janet L. Andersen,
Director, Biopesticides and Pollution Prevention Division, Office of 
Pesticide Programs.
[FR Doc. E7-11516 Filed 6-19-07; 8:45 am]

BILLING CODE 6560-50-S
