[Federal Register Volume 66, Number 11 (Wednesday, January 17, 2001)]
[Notices]
[Pages 4020-4021]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-1351]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-50873; FRL-6740-2]


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 and amended certain previously granted 
EUPs. 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: By mail: Biopesticides and Pollution 
Prevention Division (7511C), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460.
    In person or by telephone: Contact the designated person at the 
following address at the office location, telephone number, or e-mail 
address cited in each EUP: 1921 Jefferson Davis Hwy., Arlington, VA.

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 designated contact person listed for the individual EUP.

B. How Can I Get Additional Information, Including Copies of this 
Document and Other Related Documents?

    You may obtain electronic copies of this document from the EPA 
Internet Home Page at http://www.epa.gov/. On the Home Page select 
``Laws and Regulations,'' ``Regulations and Proposed Rules,'' and then 
look up the entry for this document under the ``Federal Register--
Environmental Documents.'' You can also go directly to the Federal 
Register listings at http://www.epa.gov/fedrgstr/.

II. EUPs

    EPA has issued the following EUPs:
    524-EUP-90, 524-EUP-92, and 524-EUP-93. Issuance. Monsanto Company, 
700 Chesterfield Parkway North, St. Louis, MO 63198. The issuance of 
these EUPs allows the use of the plant-pesticides Bacillus 
thuringiensis Cry3Bb protein and the genetic material necessary for its 
production (vector ZMIR14L) in corn, Bacillus thuringiensis Cry3Bb 
protein and the genetic material necessary for its production (vector 
ZMIR12L) in corn, and Bacillus thuringiensis Cry3Bb protein and the 
genetic material necessary for its production (vector ZMIR13L) in corn, 
respectively . A notice of receipt for these EUPs was published in the 
Federal Register on December 8, 1999 (64 FR 68681) (FRL-6398-3). The 
EUPs were granted on April 6, 2000 and amended on May 15, 2000. 524-
EUP-90 allows the planting of 1,343 acres of corn to test and evaluate 
genetically modified corn that has been developed to provide control of 
corn rootworm (Diabrotica spp.). The program is authorized only in the 
States of California, Colorado, Georgia, Hawaii, Illinois, Indiana, 
Iowa, Louisiana, Kansas, Michigan, Minnesota, Missouri, North Carolina, 
Nebraska, New York, North Dakota, Ohio, Oklahoma, Pennsylvania, Puerto 
Rico, South Dakota, Tennessee, Texas, Virginia, and Wisconsin. 524-EUP-
92 allows the planting of 416 acres of corn to test and evaluate 
genetically modified corn that has been developed to provide control of 
corn rootworm (Diabrotica spp.). The program is authorized only in the 
States of California, Georgia, Hawaii, Illinois, Indiana, Iowa, 
Louisiana, Kansas, Michigan, Minnesota, Missouri, North Carolina, 
Nebraska, Oklahoma, Puerto Rico, South Dakota, Tennessee, Texas, 
Virginia, and Wisconsin. 524-EUP-93 allows the planting of 1,092 acres 
of corn to test and evaluate genetically modified corn that has been 
developed to provide control of corn rootworm (Diabrotica spp.). The 
program is authorized only in the States of California, Colorado, 
Georgia, Hawaii, Illinois, Indiana, Iowa, Louisiana, Kansas, Michigan, 
Minnesota, Missouri, North Carolina, Nebraska, New York, North Dakota, 
Ohio, Oklahoma, Pennsylvania, Puerto Rico, South Dakota, Tennessee, 
Texas, Virginia, and Wisconsin. These EUPs are effective from April 6, 
2000 to April 31, 2001. These permits are issued with the limitation 
that all treated crops will be genetically contained and destroyed or 
used for research purposes only. Nine comments were received in reply 
to the Federal Register notice announcing receipt of these 
applications. Non-target insect risks, ecological effects of 
biopesticides, the need for a transparent and scientifically rigorous 
process for setting conditions for registration and use of independent 
expert advice, insect resistance management, contamination levels of 
neighboring crops, and the participation of land grant university corn 
IPM experts in the EUP were concerns expressed during the comment 
period. Health, environmental, and agricultural benefits of corn 
rootworm protected Bt corn were also noted.
    Insect resistance management and non-target organism research will 
be part of the testing taking place under these EUPs. Researchers will 
be looking at field and population levels for a wide variety of soil 
and surface dwelling organisms, including all major coleopteran species 
that are found in corn systems. This will include work on insects like 
collembola, carabids, and other soil invertebrates like earthworms. 
Land grant university researchers are involved in many of these 
investigations. Testing is not permitted in the vicinity of endangered 
beetle habitats. Based on the information submitted, no significant or 
irreversible hazards from Cry3Bb corn to non-target organisms are 
anticipated for the duration of these limited acreage programs. These 
EUPs are crop destruct and genetically contained. (Mike Mendelsohn; Rm. 
910W16, Crystal Mall #2; telephone number: (703) 308-8715; e-mail 
address: [email protected]).
    68467-EUP-2. Extensions/Amendments. Mycogen Seeds c/o Dow 
AgroSciences LLC, 9330 Zionsville Road, Indianapolis, IN 46268. The 
amendments and extensions to this EUP allow the use of the plant-
pesticide Bacillus thuringiensis Cry1F protein and the genetic material 
necessary for its production (plasmid insert PHI8999) in corn plants. 
Notice of the original issuance of the EUP was published in the Federal 
Register on May 5, 1999 (64 FR 24161) (FRL-6078-2). Notices of receipt 
for several amendments were published in the Federal Register on 
February 25, 2000 (65 FR 10081) (FRL-6492-1) and on March 3, 2000 (65 
FR 11575) (FRL-6495-8). On May 11, 1999, the EUP was amended to modify 
the containment provisions. On June 18, 1999, the EUP was amended to 
switch acreage between different protocols in the program at the same 
sites. On January 27, 2000, the EUP was amended to permit the planting 
of 55 acres in Puerto Rico for agronomic observation

[[Page 4021]]

and Liberty herbicide tolerance studies. On February 4, 2000, the EUP 
was amended to permit the planting of 5 acres in Hawaii for agronomic 
observation studies. Planting dates for all amendments mentioned above 
remained the same as permitted in the original EUP issuance and genetic 
isolation and crop destruct provisions still applied. On March 31, 
2000, the EUP was extended/amended to allow the planting of 145 acres 
of field corn to evaluate the control of European corn borer, 
Southwestern corn borer, fall armyworm and black cutworm; to perform 
agronomic and herbicide tolerance observations; and to do breeding and 
observation. The program is authorized only in the States of Colorado, 
Georgia, Hawaii, Illinois, Indiana, Iowa, Kansas, Kentucky, Michigan, 
Minnesota, Mississippi, Missouri, North Carolina, Nebraska, North 
Dakota, Pennsylvania, Ohio, Puerto Rico, South Dakota, Tennessee, 
Texas, and Wisconsin. This amendment/extension of the EUP is effective 
from March 31, 2000 to March 31, 2001. This amendment/extension to the 
permit is issued with the limitation that all treated crops will be 
genetically contained and destroyed or used for research purposes only. 
On April 21, 2000, the EUP was extended/amended to allow the planting 
of an additional 947 acres of field corn to evaluate the control of 
European corn borer, Southwestern corn borer, fall armyworm and black 
cutworm; to perform agronomic and herbicide tolerance observations; to 
do hybrid production, breeding and observation; to study anthesis 
length; and to study insect resistance management. Additional acreage 
under this amendment/extension to the program is authorized only in the 
States of Hawaii, Iowa, Minnesota, and Nebraska. This amendment/
extension of the EUP is effective from April 21, 2000 to March 31, 
2001. This amendment/extension to the permit is issued with the 
limitation that all treated crops will be genetically contained and 
destroyed or used for research purposes only. Thirteen comments were 
received in reply to the Federal Register notice announcing receipt of 
this amendment/extension. Comments raised concerns about the labeling 
of food resulting from Bt corn, food safety, pollen shed/drift 
contamination of adjacent organic crops, the development of resistance 
to foliar Bt, the impact of testing on the Hawaiian environment, the 
impact on Bt corn on farmers in Puerto Rico, and the impact to non-
target insects. Based on the information submitted, no significant or 
irreversible hazards from Cry1F corn to non-target organisms are 
anticipated for the duration of this limited acreage program. This EUP 
and the extension/amendments are crop destruct and genetically 
contained. (Mike Mendelsohn; Rm. 910W16, Crystal Mall #2; telephone 
number: (703) 308-8715; e-mail address: [email protected]).
    Persons wishing to review these EUPs are referred to the designated 
contact person. Inquiries concerning these permits should be directed 
to the persons cited above. It is suggested that interested persons 
call before visiting the EPA office, so that the appropriate file may 
be made available for inspection purposes from 8 a.m. to 4 p.m., Monday 
through Friday, excluding legal holidays.


    Authority:  7 U.S.C. 136.

List of Subjects

    Environmental protection, Experimental use permits.


    Dated: January 10, 2001.
Janet L. Andersen,
Director, Biopesticides and Pollution Prevention Division, Office of 
Pesticide Programs.

[FR Doc. 01-1351 Filed 1-16-01; 8:45 am]
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