

[Federal Register: January 30, 2008 (Volume 73, Number 20)]
[Notices]               
[Page 5561-5563]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr30ja08-76]                         

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2007-0179; FRL-8348-2]

 
Experimental Use Permit; Receipt of Amendment Application

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces receipt of an application 264-EUP-140 
from Bayer CropScience requesting to amend and extend the existing 
experimental use permit (EUP) for the Bacillus thuringiensis Cry1Ab 
protein and the genetic material necessary for its production in event 
T303-3 and T304-40 cotton plants. The Agency has determined that the 
application 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 29, 2008.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2007-0179, by one of the following methods:
     Federal eRulemaking Portal: http://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.

[[Page 5562]]

     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'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. EPA's policy is that all comments received will be included 
in the docket without change and may be made available on-line at 
http://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 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 in regulations.gov. To access the electronic docket, go to 
http://www.regulations.gov, select ``Advanced Search,'' then ``Docket 

Search.'' Insert the docket ID number where indicated and select the 
``Submit'' button. Follow the instructions on the regulations.gov 
website to view the docket index or access available documents. 
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 http://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: 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.

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 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.

II. Background

    Bayer CropScience has requested an amendment and extension of EUP 
264-EUP-140, which was first granted by EPA on February 7, 2006 and 
published in the Federal Register on July 19, 2006 (71 FR 41020) (FRL-
8060-6). On March 8, 2007 this EUP was amended and published in the 
Federal Register on June 20, 2007 (72 FR 34009) (FRL-8133-5). Under the 
existing EUP, plantings are permitted through May 1, 2008. Bayer 
CropScience is now proposing to extend the experimental program until 
January 31, 2009 and to amend it by conducting testing with up to 0.018 
pounds of Cry1Ab protein and the genetic material necessary for its 
production in events T303-3 and T304-40 on 88.5 acres (out of 297 total 
acres) planted to Cry1Ab-containing cotton. The Cry1Ab protein is 
effective in controlling lepidopteran larvae such as 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 Arizona, California, Georgia, Louisiana, Mississippi, North 
Carolina, South Carolina, Texas, and Puerto Rico. The proposed 
experimental program includes insect efficacy trials, and the 
evaluation of herbicide efficacy, agronomic performance, and breeding 
lines. Also proposed is the production of seed blocks to evaluate seed 
production, dissemination, and

[[Page 5563]]

dormancy, and for harvest for future experimental field trial 
plantings.

III. What Action is the Agency Taking?

    Following the review of the Bayer CropScience application and any 
comments and data received in response to this notice, EPA will decide 
whether to issue or deny the EUP amendment/extension request for this 
EUP program, and if issued, the conditions under which it is to be 
conducted. Any amendment/extension of this EUP will be announced in the 
Federal Register.

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

    The specific legal authority for EPA to take this action is under 
FIFRA section 5.

List of Subjects

    Environmental protection, Experimental use permits.


    Dated: January 17, 2008.
W. Michael McDavit,
Acting Director, Biopesticides and Pollution Prevention Division, 
Office of Pesticide Programs.

[FR Doc. E8-1412 Filed 1-29-08; 8:45 am]

BILLING CODE 6560-50-S
