1772 Federal Register / Vol. 75, No. 8 / Wednesday, January 13, 2010 / Notices 

your e-mail address is automatically 

captured and included as part of the 

comment that is placed in the official 

public docket, and made available in 

EPA’s electronic public docket. 

Dated: January 7, 2010. 

Richard B. Ossias, 

Associate General Counsel. 

[FR Doc. 2010–483 Filed 1–12–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2009–0615; FRL–8433–2] 

Pesticide Experimental Use Permits; 

Receipt of Applications; Comment 

Requests 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: This notice announces EPA’s 

receipt of applications 29964–EUP–I 

and 29964–EUP–O from Pioneer HiBred International, Inc. requesting 

experimental use permits (EUPs) for 

seed blends of the plant-incorporated 

protectants (PIPs) [DAS–59122–7] 

Bacillus thuringiensis Cry34Ab1 and 

Cry35Ab1 proteins and the genetic 

material (vector PHP 17662) necessary 

for their production in Event DAS– 

59122–7 corn and [TC1507] Bacillus 

thuringiensis Cry1F protein and the 

genetic material (vector PHP8999) 

necessary for its production in Event 

TC1507 corn and [MON810] Bacillus 

thuringiensis Cry1Ab delta-endotoxin 

and the genetic material necessary for 

its production (Vector PV–ZMCT01) in 

Event MON810 corn (Organization for 

Economic Cooperation and 

Development (OECD) Unique Identifier 

MON;;81;–6). The Agency has 

determined that the permits 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 must be received on 

or before February 12, 2010. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2009–0615, 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. 

• 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 

Facility’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–2009– 

0615. 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 email. 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 

at http://www.regulations.gov. 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: 

Mike Mendelsohn, Biopesticides and 

Pollution Prevention Division (7511P), 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 308–8715; e-mail address: 

mendelsohn.mike@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 interested in 

agricultural biotechnology or those who 

are 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. 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 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 75, No. 8 / Wednesday, January 13, 2010 / Notices 1773 

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. 

3. Environmental justice. EPA seeks to 

achieve environmental justice, the fair 

treatment and meaningful involvement 

of any group, including minority and/or 

low income populations, in the 

development, implementation, and 

enforcement of environmental laws, 

regulations, and policies. To help 

address potential environmental justice 

issues, the Agency seeks information on 

any groups or segments of the 

population who, as a result of their 

location, cultural practices, or other 

factors, may have atypical or 

disproportionately high and adverse 

human health impacts or environmental 

effects from exposure to the pesticide(s) 

discussed in this document, compared 

to the general population. 

II. What Action is the Agency Taking? 

Under section 5 of FIFRA, 7 U.S.C. 

136c, EPA can allow manufacturers to 

field test pesticides under development. 

Manufacturers are required to obtain 

EUPs before testing new pesticides or 

new uses of pesticides if they conduct 

experimental field tests on 10 acres or 

more of land or one acre or more of 

water. 

Pursuant to 40 CFR 172.11(a), the 

Agency has determined that the 

following EUP applications may be of 

regional and national significance, and 

therefore is seeking public comment on 

the EUP applications: 

Submitter: Pioneer Hi-Bred 

International, Inc., (29964–EUP–I). 

Pesticide Chemical: [DAS–59122–7] 

Bacillus thuringiensis Cry34Ab1 and 

Cry35Ab1 proteins and the genetic 

material (vector PHP 17662) necessary 

for their production in Event DAS– 

59122–7 corn (a maximum of 40.8 lbs 

Cry34Ab1 and 2.2 lbs Cry35Ab1) and 

[TC1507] Bacillus thuringiensis Cry1F 

protein and the genetic material (vector 

PHP8999) necessary for its production 

in Event TC1507 corn (a maximum of 

2.6 lbs Cry1F). 

Summary of Request: The 29964– 

EUP–I application is for a total of 36,670 

acres in 11 states from March 1, 2010 to 

May 31, 2011 in order to continue 

research, testing, and evaluation of 

blended refuge concepts. 35,200 acres 

are proposed for testing under a grower 

evaluation protocol and will include 

seed blends of: 1) 5% Cry1F corn with 

95% Cry34Ab1/35Ab1 x Cy1F corn, 2) 

10% Cry1F corn with 95% Cry34Ab1/ 

35Ab1 x Cy1F corn, 3) 95% Cry34Ab1/ 

35Ab1 x Cy1F corn with 5% non-Bt 

corn, and 4) 90% Cry34Ab1/35Ab1 x 

Cy1F corn with 10% non-Bt corn. 1,470 

acres are proposed for testing under a 

research trial protocol and will include 

the seed blends mentioned in this 

paragraph along with Cry34Ab1/35Ab1 

x Cy1F corn and Cry34Ab1/35Ab1 corn 

as comparators and non-PIP corn as a 

control. States involved include: 

Illinois, Indiana, Iowa, Kansas, 

Michigan, Minnesota, Missouri, 

Nebraska, Ohio, South Dakota, and 

Wisconsin. 

Submitter: Pioneer Hi-Bred 

International, Inc. (29964–EUP–O). 

Pesticide Chemical: [DAS–59122–7] 

Bacillus thuringiensis Cry34Ab1 and 

Cry35Ab1 proteins and the genetic 

material (vector PHP 17662) necessary 

for their production in Event DAS– 

59122–7 corn (a maximum of 0.630 lbs 

Cry34Ab1 and 0.040 lbs Cry35Ab1), 

[TC1507] Bacillus thuringiensis Cry1F 

protein and the genetic material (vector 

PHP8999) necessary for its production 

in Event TC1507 corn (a maximum of 

0.110 lbs Cry1F), and [MON810] 

Bacillus thuringiensis Cry1Ab deltaendotoxin and the genetic material 

necessary for its production (Vector PV– 

ZMCT01) in Event MON810 corn (OECD 

Unique Identifier MON;;81;–6) (a 

maximum of 0.011 lbs Cry1Ab). 

Summary of Request: The 29964– 

EUP–O application is for 3,495.4 acres 

in 34 states from February 1, 2010 to 

June 30, 2011 in order to continue 

research, testing, and evaluation of 

blended refuge concepts. The following 

are proposed for testing: 1) 300.4 acres 

of a 95% blend of Cry1F x Cry1Ab corn 

and 5% non-Bt corn, 2) 295 acres of a 

blend of 90% Cry34Ab1/35Ab1 x Cy1F 

and 10% non-Bt corn, 3) 333.4 acres of 

a 95% blend of Cry1F x Cry1Ab x 

Cry34Ab1/35Ab1 corn and 5% non-Bt 

corn, 4) 328 acres of a 90% blend of 

Cry1F x Cry1Ab x Cry34Ab1/35Ab1 

corn and 10% non-Bt corn, 5) 734.4 

acres of other registered PIPs, 6) 300.4 

acres of Cry1F x Cry1Ab corn, 7) 333.4 

acres of Cry1F x Cry1Ab x Cry34Ab1/ 

35Ab1 corn, and 8) 870.4 acres of nonPIP corn. 

Four trial protocols will be 

conducted, including: 

• Trait advancement trial (TAT). 

• Agronomic observations. 

• IRM/efficacy. 

• University. 

States involved include: Alabama, 

Arkansas, California, Colorado, 

Delaware, Georgia, Idaho, Illinois, 

Indiana, Iowa, Kansas, Kentucky, 

Lousianna, Maryland, Michigan, 

Minnesota, Mississippi, Missouri, 

Montana, Nebraska, New York, North 

Carolina, North Dakota, Ohio, 

Pennsylvania, South Carolina, South 

Dakota, Tennessee, Texas, Virginia, 

Washington, and Wisconsin. 

A copy of the applications and any 

information submitted is available for 

public review in the docket established 

for these EUP applications as described 

under ADDRESSES. 

Following the review of the 

applications and any comments and 

data received in response to this 

solicitation, EPA will decide whether to 

issue or deny the EUP requests, and if 

issued, the conditions under which it is 

to be conducted. Any issuance of EUPs 

will be announced in the Federal 

Register. 

List of Subjects 

Environmental protection, 

Experimental use permits. 

Dated: December 29, 2009. 

W. Michael McDavit, 

Acting Director, Biopesticides and Pollution 

Prevention Division, Office of Pesticide 

Programs. 

[FR Doc. 2010–334 Filed 1–12–10; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2009–0917; FRL–8805–6] 

Notice of Receipt of a Pesticide 

Petition Filed for Residues of 

Polymeric Polyhydroxy Acid in or on 

All Food Commodities 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: This notice announces the 

Agency’s receipt of an initial filing of a 

pesticide petition proposing the 

establishment of a regulation for 

residues of the plant growth regulator, 

polymeric polyhydroxy acid, in or on all 

food commodities. 

DATES: Comments must be received on 

or before February 12, 2010. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 


srobinson on DSKHWCL6B1PROD with NOTICES