[Federal Register Volume 69, Number 4 (Wednesday, January 7, 2004)]
[Notices]
[Pages 918-919]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-86]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-2003-0299; FRL-7326-3]


Issuance of an Experimental Use Permit

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA has granted an experimental use permit (EUP) to the 
following pesticide applicant. 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: 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. 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 an official public docket for this 
action under docket identification (ID) number OPP-2003-0299. 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, CrystalMall 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 athttp://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/

[[Page 919]]

 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. 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. Once in the system, select 
``search,'' then key in the appropriate docket ID number.

II. EUP

    EPA has issued the following EUP:
    68467-EUP-4. Extension/amendment. Mycogen Seeds, c/o Dow 
AgroSciences LLC, 9330 Zionsville Road, Indianapolis, IN 46268-1054. 
This EUP allows the use of the plant-incorporated protectant Bacillus 
thuringiensis Cry1F protein and the genetic material necessary for its 
production (from the insert of plasmid PHP12537) in corn (moCry1F corn) 
on 291 acres of field corn to conduct insect resistance management, 
agronomic observation, breeding and observation nursery, efficacy, 
maize demonstration, and herbicide tolerance study trials. The program 
is authorized only in the States of Hawaii, Illinois, Indiana, Iowa, 
Kentucky, Louisiana, Minnesota, Mississippi, Nebraska, North Dakota, 
Ohio, South Dakota, and Wisconsin and the Commonwealth of Puerto Rico. 
EUP plantings are effective from April 11, 2003 to March 31, 2004.
    In the Federal Register of March 7, 2003 (68 FR 11103) (FRL-7289-
3), EPA announced the notice of receipt for the amendment/extension 
application (docket identification number OPP-2003-0016). Fifteen 
public comments were received in response to the notice. Commenters 
requested EPA not to issue the amendment/extension and expressed 
concern regarding food and environmental safety, gene flow, impacts on 
organic production, and the level of government oversight.First, 
moCry1F corn is covered by the tolerance exemption that permits Cry1F 
corn in food, 40 CFR 180.1217, (66 FR 30321) (FRL-6783-3). In granting 
that tolerance exemption, the Agency concluded that there is a 
reasonable certainty that no harm will result from aggregate exposure 
to the U.S. population, including infants and children, to the Cry1F 
protein and the genetic material necessary for its production. In 
addition, the approved experimental program submitted by Mycogen Seeds, 
c/o Dow AgroSciences LLC requires the destruction of seed or plant 
material resulting from this permit that are not saved for future 
research, analysis, or future plantings.This EUP was limited to 291 
acres and moCry1F corn produces the Cry1F protein whose non-target 
organism toxicity was evaluated during the Bt Crops Reassessment in 
October 2001 (October 15, 2001 Plant-Incorporated Protectants 
Biopesticide Registration Action Document (pages II.C38-C44, VI.2), 
http://www.epa.gov/pesticides/biopesticides/pips/bt--brad.htm). In the 
Cry1F ecological effects testing done, no treatment-related effects 
were observed in bobwhite quail fed Cry1F corn as part of their diet. 
No measurable deleterious effects from the Cry1F protein on honey bees, 
parasitic wasps, ladybird beetles, green lacewings, collembola 
(springtails), earthworms, daphnia, and monarch butterflies were 
observed in submitted studies. The reassessment document also addresses 
the concern raised regarding impacts on organic production in its 
benefits section (II.E2-6). EPA's regional offices currently cooperate 
with State agencies in the enforcement of plant-incorporated protectant 
EUPs.


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

List of Subjects

    Environmental protection, Experimental use permits.

    Dated: December 19, 2003.
Janet L. Andersen,
Director, Biopesticides and Pollution Prevention Division, Office of 
Pesticide Programs.
[FR Doc. 04-86 Filed 1-6-04; 8:45 am]
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