Federal Register: January 7, 2009 (Volume 74, Number 4)
DOCID: fr07ja09-43 FR Doc E8-31409
ENVIRONMENTAL PROTECTION AGENCY
Environmental Protection Agency
EPA ID: [EPA-HQ-OPP-2008-0933; FRL-8398-7]
NOTICE: NOTICES
DOCID: fr07ja09-43
DOCUMENT ACTION: Notice.
SUBJECT CATEGORY:
Issuance of an Experimental Use Permit
DOCUMENT SUMMARY:
EPA has granted an experimental use permit (EUP) (524-EUP-99) to the pesticide applicantMonsanto Company. An EUP permits use of a pesticide for experimental or research purposes only in accordance with the limitations in the permit.
SUMMARY:
Issuance of an Experimental Use Permit,
SUPPLEMENTAL 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 EPAHQOPP20080933. 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. S4400, 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) 3055805.
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. EUP
EPA has issued the following EUP:
524EUP99Issuance. Monsanto Company, 800 N. Lindbergh Blvd St. Louis, MO 63167. This EUP allows the use of the plantincorporated protectants:
1. Bacillus thuringiensis Cry1A.105 protein and the genetic material necessary for its production (vector PVZMIR245) in event MON 89034 corn,
2. Bacillus thuringiensis Cry2Ab2 protein and the genetic material necessary for its production (vector PVZMIR245) in event MON 89034 corn,
3. Bacillus thuringiensis Cry3Bb1 protein and the genetic material necessary for its production (vector ZMIR39) in event MON 88017 corn (Organization for Economic Cooperation Development (OECD) Unique Identifier: MON880173),
4. Bacillus thuringiensis Cry1F protein and the genetic material necessary for its production (plasmid insert PHI 8999) in corn (TC1507),
5. Bacillus thuringiensis Cry34Ab1 and Cry 35Ab1 proteins and the genetic material necessary for their production (plasmid insert PHP 17662) in event DAS591227 corn.
These plantincorporated protectants will be planted in the following combinations:
The quantity authorized equates to 73, 080 lbs of corn seed (4.385
lbs active ingredients) on 4993 acres. This program is authorized to
take place in the states of Alabama, Arkansas, California, Colorado,
Florida, Georgia, Hawaii, Illinois, Indiana, Iowa, Kansas, Kentucky,
Louisiana, Maryland, Michigan, Minnesota, Mississippi, Missouri,
Montana, Nebraska, New York, North Carolina, Ohio, Oregon,
Pennsylvania, Puerto Rico, South Dakota, Tennessee, Texas, Washington,
and Wisconsin. This EUP is effective from July 17, 2008, through June
30, 2009, and allows the protocols of breeding and observation, inbred
seed increase and sample hybrid production, line per se, hybrid yield and herbicide tolerance trials, insect efficacy, product
characterization and performance trials, insect resistance management trials, benefit trials, and seed treatment trials.
Two comments were submitted in response to the notice of receipt
for this permit application which was published in the Federal Register
on April 16, 2008 (73 FR 20625) (FRL83578). Both comments were
submitted by one individual who objected to issuance of an EUP.
Comments expressed concern over Monsanto's credibility, unspecified
environmental and human health effects, as well as the Agency's
methodology in granting EUPs. The Agency understands the commenter's
concerns and recognizes that some individuals believe that genetically
modified crops and food should be banned completely. However, under the
Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), the Agency
is tasked with reviewing applications for EUPs 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. Furthermore, EPA has concluded that there is
a reasonable certainty that no harm will result from dietary exposure
to these proteins as expressed in corn. Further, the Agency has
concluded that no adverse environmental effects will be expected from
their expression in corn via the subject testing which is of limited scope and duration.
III. What is the Agency's Authority for Taking this Action?
The Agency's authority for taking this action is 7 U.S.C. 136c. [[Page 710]]
List of Subjects
Environmental protection, Experimental use permits.
Dated: December 29, 2008.
W. Michael McDavit,
Acting Director, Biopesticides and Pollution Prevention Division, Office of Pesticide Programs.
[FR Doc. E831409 Filed 1609; 8:45 am]
BILLING CODE 656050S
FOR FURTHER INFORMATION CONTACT
Mike Mendelsohn, Biopesticides and Pollution Prevention Division (7511P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 204600001; telephone number: (703) 3088715; email address: Mike Mendelsohn@epa.gov.