[Federal Register Volume 68, Number 49 (Thursday, March 13, 2003)]
[Notices]
[Pages 12073-12076]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-6187]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-2002-0353; FRL-7286-3]


Experimental Use Permit; Receipt of Applications

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces receipt of applications 68467-EUP-3, 
68467-EUP-5, 68467-EUP-T, 68467-EUP-I, 29964-EUP-1, 29964-EUP-3, 29964-
EUP-U, and 29964-EUP-L from Mycogen Seeds/Dow Agrosciences LLC and 
Pioneer Hi-Bred International requesting experimental use permits 
(EUPs) and EUP amendments for 1) Bacillus thuringiensis Cry34/35Ab1 
protein and the genetic material necessary for its production (from the 
insert of plasmid PHP 14352) in corn, 2) Bacillus thuringiensis Cry34/
35Ab1 protein and the genetic material necessary for its production 
(from the insert of plasmid PHP 12560) in corn, 3) Bacillus 
thuringiensis Cry34/35Ab1 protein and the genetic material necessary 
for its production (from the insert of plasmid PHP 17662) in corn, and 
4) Bacillus thuringiensis Cry34/35Ab1 protein and the genetic material 
necessary for its production (from the insert of plasmid PHP 17658) in 
corn.

[[Page 12074]]

 The Agency has determined that the applications 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, identified by docket ID number OPP-2002-0353, must be 
received on or before April 14, 2003.

ADDRESSES: Comments may be submitted electronically, by mail, or 
through hand delivery/courier. Follow the detailed instructions as 
provided in Unit I. of the SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Mike Mendelsohn, Biopesticides and 
Pollution Prevention Division (7511C), Office of Pesticide Programs, 
Environmental Protection Agency, 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001; telephone number: (703) 308-8715; e-mail 
address: [email protected].

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 
chemical 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. How Can I Get Copies of this Document and Other Related Information?

    1. Docket. EPA has established an official public docket for this 
action under docket identification (ID) number OPP-2002-0353. The 
official public docket consists of the documents specifically 
referenced in this action, any public comments received, and other 
information related to this action. Although a part of the official 
docket, the public docket does not include Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. The official public docket is the collection of materials 
that is available for public viewing at the Public Information and 
Records Integrity Branch (PIRIB), Rm. 119, Crystal Mall 2, 
1921 Jefferson Davis Hwy., Arlington, VA. This docket facility is open 
from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal 
holidays. The docket 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/.
    An electronic version of the public docket is available through 
EPA's electronic public docket and comment system, EPA Dockets. You may 
use EPA Dockets at http://www.epa.gov/edocket/ to submit or view public 
comments, access the index listing of the contents of the official 
public docket, and to access those documents in the public docket that 
are available electronically. Once in the system, select ``search,'' 
then key in the appropriate docket ID number.
    Certain types of information will not be placed in the EPA Dockets. 
Information claimed as CBI and other information whose disclosure is 
restricted by statute, which is not included in the official public 
docket, will not be available for public viewing in EPA's electronic 
public docket. EPA's policy is that copyrighted material will not be 
placed in EPA's electronic public docket but will be available only in 
printed, paper form in the official public docket. To the extent 
feasible, publicly available docket materials will be made available in 
EPA's electronic public docket. When a document is selected from the 
index list in EPA Dockets, the system will identify whether the 
document is available for viewing in EPA's electronic public docket. 
Although not all docket materials may be available electronically, you 
may still access any of the publicly available docket materials through 
the docket facility identified in Unit I.B.1. EPA intends to work 
towards providing electronic access to all of the publicly available 
docket materials through EPA's electronic public docket.
    For public commenters, it is important to note that EPA's policy is 
that public comments, whether submitted electronically or in paper, 
will be made available for public viewing in EPA's electronic public 
docket as EPA receives them and without change, unless the comment 
contains copyrighted material, CBI, or other information whose 
disclosure is restricted by statute. When EPA identifies a comment 
containing copyrighted material, EPA will provide a reference to that 
material in the version of the comment that is placed in EPA's 
electronic public docket. The entire printed comment, including the 
copyrighted material, will be available in the public docket.
    Public comments submitted on computer disks that are mailed or 
delivered to the docket will be transferred to EPA's electronic public 
docket. Public comments that are mailed or delivered to the docket will 
be scanned and placed in EPA's electronic public docket. Where 
practical, physical objects will be photographed, and the photograph 
will be placed in EPA's electronic public docket along with a brief 
description written by the docket staff.

C. How and To Whom Do I Submit Comments?

    You may submit comments electronically, by mail, or through hand 
delivery/courier. To ensure proper receipt by EPA, identify the 
appropriate docket ID number in the subject line on the first page of 
your comment. Please ensure that your comments are submitted within the 
specified comment period. Comments received after the close of the 
comment period will be marked ``late.'' EPA is not required to consider 
these late comments. If you wish to submit CBI or information that is 
otherwise protected by statute, please follow the instructions in Unit 
I.D. Do not use EPA Dockets or e-mail to submit CBI or information 
protected by statute.
    1. Electronically. If you submit an electronic comment as 
prescribed in this unit, EPA recommends that you include your name, 
mailing address, and an e-mail address or other contact information in 
the body of your comment. Also include this contact information on the 
outside of any disk or CD ROM you submit, and in any cover letter 
accompanying the disk or CD ROM. This ensures that you can be 
identified as the submitter of the comment and allows EPA to contact 
you in case EPA cannot read your comment due to technical difficulties 
or needs further information on the substance of your comment. EPA's 
policy is that EPA will not edit your comment, and any identifying or 
contact information provided in the body of a comment will be included 
as part of the comment that is placed in the official public docket, 
and made available in EPA's electronic public docket. 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.
    i. EPA Dockets. Your use of EPA's electronic public docket to 
submit comments to EPA electronically is EPA's preferred method for 
receiving comments. Go directly to EPA Dockets at http://www.epa.gov/edocket, and

[[Page 12075]]

follow the online instructions for submitting comments. Once in the 
system, select ``search,'' and then key in docket ID number OPP-2002-
0353. The system is an ``anonymous access'' system, which means EPA 
will not know your identity, e-mail address, or other contact 
information unless you provide it in the body of your comment.
    ii. E-mail. Comments may be sent by e-mail to [email protected], 
Attention: Docket ID Number OPP-2002-0353. In contrast to EPA's 
electronic public docket, EPA's e-mail system is not an ``anonymous 
access'' system. If you send an e-mail comment directly to the docket 
without going through EPA's electronic public docket, EPA's e-mail 
system automatically captures your e-mail address. E-mail addresses 
that are automatically captured by EPA's e-mail system are included as 
part of the comment that is placed in the official public docket, and 
made available in EPA's electronic public docket.
    iii. Disk or CD ROM. You may submit comments on a disk or CD ROM 
that you mail to the mailing address identified in Unit I.C.2. These 
electronic submissions will be accepted in WordPerfect or ASCII file 
format. Avoid the use of special characters and any form of encryption.
    2. By mail. Send your comments to: Public Information and Records 
Integrity Branch (PIRIB), Office of Pesticide Programs (OPP), 
Environmental Protection Agency (7502C), 1200 Pennsylvania Ave., NW., 
Washington, DC, 20460-0001, Attention: Docket ID Number OPP-2002-0353.
    3. By hand delivery or courier. Deliver your comments to: Public 
Information and Records Integrity Branch (PIRIB), Office of Pesticide 
Programs (OPP), Environmental Protection Agency, Rm. 119, Crystal Mall 
2, 1921 Jefferson Davis Hwy., Arlington, VA, Attention: Docket 
ID Number OPP-2002-0353. Such deliveries are only accepted during the 
docket's normal hours of operation as identified in Unit I.B.1.

D. How Should I Submit CBI To the Agency?

    Do not submit information that you consider to be CBI 
electronically through EPA's electronic public docket or by e-mail. You 
may claim information that you submit to EPA as CBI by marking any part 
or all of that information as CBI (if you submit CBI on disk or CD ROM, 
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 CBI). Information so marked will not be disclosed except in 
accordance with procedures set forth in 40 CFR part 2.
    In addition to one complete version of the comment that includes 
any 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 and EPA's electronic public docket. If you submit 
the copy that does not contain CBI on disk or CD ROM, mark the outside 
of the disk or CD ROM clearly that it does not contain CBI. Information 
not marked as CBI will be included in the public docket and EPA's 
electronic public docket without prior notice. If you have any 
questions about CBI or the procedures for claiming CBI, please consult 
the person listed under FOR FURTHER INFORMATION CONTACT.

E. What Should I Consider as I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used 
that support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at the estimate that you provide.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternative ways to improve the notice.
    7. Make sure to submit your comments by the deadline in this 
document.
    8. To ensure proper receipt by EPA, be sure to identify the docket 
ID number assigned to this action in the subject line on the first page 
of your response. You may also provide the name, date, and Federal 
Register citation.

II. Background

    Both Mycogen Seeds/Dow AgroSciences LLC and Pioneer Hi-Bred 
International have applied to amend EUPs 68467-EUP-3, 68467-EUP- 5, 
29964-EUP-1, and 29964-EUP-3 for Bacillus thuringiensis Cry34/35Ab1 
protein and the genetic material necessary for its production (from the 
insert of plasmid PHP 14352) in corn and Bacillus thuringiensis Cry34/
35Ab1 protein and the genetic material necessary for its production 
(from the insert of plasmid PHP 12560) in corn to allow plant material 
grown under these EUPs to be used for food and/or feed. The original 
notice of approval for these EUPs published in the Federal Register on 
February 20, 2002 (67 FR 7688) (FRL-6820-3). Under the original notice, 
the Cry34/35Ab1 proteins were described as 149B1 protein since they had 
not yet received their Bacillus thuringiensis Pesticidal Crystal 
Proteins Nomenclature designation, http://www.biols.susx.ac.uk/home/Neil_Crickmore/Bt/. These proteins have now been designated as 
Cry34Ab1 and Cry35Ab1 by the Bacillus thuringiensis Pesticidal Crystal 
Proteins Nomenclature Committee, a non-governmental scientific 
committee.
    Mycogen Seeds/Dow AgroSciences LLC and Pioneer Hi-Bred 
International have also applied for EUPs involving Bacillus 
thuringiensis Cry34/35Ab1 protein and the genetic material necessary 
for its production (from the insert of plasmid PHP 17662) in corn, and 
Bacillus thuringiensis Cry34/35Ab1 protein and the genetic material 
necessary for its production (from the insert of plasmid PHP 17658) in 
corn. These EUPs have been proposed as non-crop destruct.
    For Mycogen Seeds/Dow AgroSciences LLC, 394 acres each are proposed 
under 68467-EUP-I and 68467-EUP-T for testing in Colorado, Hawaii, 
Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Missouri, 
Nebraska, North Dakota, Ohio, Puerto Rico, South Dakota, Texas, and 
Wisconsin. Testing is to include maize breeding and observation 
nursery, maize agronomic observation, herbicide tolerance, maize 
efficacy, insect resistance management, and maize demonstration trials.
    For Pioneer Hi-Bred International, 623 acres are proposed under 
29964-EUP-U and 624 acres are proposed under 29964-EUP-L for testing in 
California, Georgia, Hawaii, Illinois, Indiana, Iowa, Kansas, Michigan, 
Minnesota, Missouri, Nebraska, North Dakota, Ohio, Pennsylvania, Puerto 
Rico, South Dakota, Tennessee, Texas, and Wisconsin. Testing is to 
include insect resistance management, maize agronomic observation, 
maize breeding and observation nursery, maize demonstration, maize 
efficacy, maize hybrid production plots, maize regulatory field 
studies, non-target organism, and herbicide tolerance trials.

III. What Action is the Agency Taking?

    Following the review of the Mycogen Seeds/Dow Agrosciences LLC and 
Pioneer Hi-Bred International's applications and any comments and data 
received in response to this notice, EPA will decide whether to issue 
or deny these EUP requests. Any issuance of EUPs will be announced in 
the Federal Register.

[[Page 12076]]

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: March 5, 2003.
Janet L. Andersen,
Director, Biopesticides and Pollution Prevention Division, Office of 
Pesticide Programs.

[FR Doc. 03-6187 Filed 3-11-03; 2:49 pm]
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