71032 Federal Register / Vol. 69, No. 235 / Wednesday, December 8, 2004 / Notices 

The Commission will first receive 

comments from a panel of Alaska 

Elected Officials. Then the Commission 

Staff will present a short summary of 

the Notice of Proposed Rulemaking. 

Next the Commission will hear 

comments from panels representing 

Potential Project Sponsors, Potential 

Project Shippers, and Other Agencies or 

Affected Enterprises. Lastly, the 

Technical Conference will close with an 

Open Forum featuring responses or 

questions based on previous panels and 

any additional points of view. 

The Notice of Proposed Rulemaking 

includes five questions which the 

Commission expects will be addressed 

in detail in each interested party’s 

written comments submitted by 

December 17th. However, as a guide to 

the discussions at the technical 

conference, panelists should be 

prepared to discuss the following 

general topics regarding the Notice of 

Proposed Rulemaking:

• Explain how the proposed rule 

meets or does not meet the requirements 

of the Alaska Natural Gas Pipeline Act. 

• When should FERC oversight of 

capacity allocation activities of potential 

project sponsors begin? What capacity 

allocation activities happen before an 

open season under the rule is 

undertaken? 

• Are there certain capacity allocation 

issues/factors that are specific to the 

type of project sponsor, whether 

producer owned or independent 

pipeline owned; in-state shipper/user or 

lower-48 market shipper; producer/

marketers or end-users; down-stream 

transporter, upstream gathering/

processing, local utility regulators? 

• Should potential project sponsors 

be required to conduct and release 

results of Alaska market need studies 

before capacity is allocated? Should 

potential project sponsors be required to 

conduct and release results of Alaska 

infrastructure studies before capacity is 

allocated? 

Further Information 

Transcripts of the conference will be 

immediately available from Ace 

Reporting Company (202–347–3700 or 

1–800–336–6646) for a fee. They will be 

available for the public on the 

Commission’s eLibrary system seven 

calendar days after FERC receives the 

transcript. For information about this 

proceeding, interested persons may go 

to the Commission’s Web site, http://

www.ferc.gov, and search under the 

docket number for this proceeding, 

Docket No. RM05–1. Materials for the 

conference will also be posted on the 

Commission’s monthly calendar page 

for this event. Also, materials already 

provided to the Commission Staff by 

certain interested parties have already 

been placed in the record of this 

proceeding and are available 

electronically through the Commission’s 

eLibrary under Docket No. RM05–1. 

Additionally, Capitol Connection 

offers the opportunity for remote 

listening of the conference via the 

Internet or a Phone Bridge Connection 

for a fee. Interested persons should 

make arrangements as soon as possible 

by visiting the Capitol Connection Web 

site at http://

www.capitolconnection.gmu.edu and 

clicking on ‘‘FERC.’’ If you have any 

questions contact David Reininger or 

Julia Morelli at the Capitol Connection 

(703–993–3100). 

Any questions or comments about this 

technical conference may be directed to: 

Edwin Holden, 202–502–8089, 

Edwin.Holden@ferc.gov or Richard 

Foley, 202–502–8955, 

Richard.Foley@ferc.gov.

Magalie R. Salas, 

Secretary.

Technical Conference on Regulations 

Governing the Conduct of Open Seasons for 

Alaska Natural Gas Transportation Projects 

Agenda 

10 a.m. Opening Remarks—Pat Wood, III, 

Chairman, Federal Energy Regulatory 

Commission (FERC); 

Nora Mead Brownell, Commissioner, 

FERC; 

Joseph T. Kelliher, Commissioner, FERC; 

Suedeen G. Kelly, Commissioner, FERC. 

10:15 a.m. Panel I—Alaska Elected Officials. 

Introductions: Pat Wood, III, Chairman, 

FERC. 

• Alaska Governor Frank H. Murkowski. 

• Alaska Senator Lisa Murkowski. 

• Alaska State Senate President Gene 

Therriault. 

• Alaska State Representative Ralph 

Samuels. 

11:30 a.m. Overview of the Proposed Rule for 

Regulations Governing the Conduct of 

Open Seasons for Alaska Natural Gas 

Transportation Projects Introduction: 

Robert Cupina, Deputy Director, Office of 

Energy Projects, FERC. 

Edwin Holden, Staff Counsel, FERC. 

11:50 a.m. Panel 2—Comments on Proposed 

Rules by Potential Project Sponsors; 

Moderator, Robert Cupina.

Panelists:

• Tony Palmer, Vice President, 

TransCanada PipeLines Ltd.; 

• Richard Guerrant, Vice President, 

ExxonMobil Gas; 

• Ken Konrad, Senior Vice President, BP 

Exploration Alaska Inc.; 

• Joe Marushack, Vice President, ANS Gas 

Development, ConocoPhillips Alaska; 

• Ron Brintnell, Director of Business 

Development, Enbridge Energy 

Company, Inc.; 

• Tom Irwin, Commissioner, Alaska Dept. 

of Natural Resources. 

1:15 p.m. Panel 3—Comments on Proposed 

Rules by Potential Project Shippers; 

Moderator, Robert Cupina.

Panelists:

• Dave Anderson, Vice President 

International, Anadarko Petroleum 

Corporation and Mark Hanley, Manager 

Public Affairs/Alaska, Anadarko 

Petroleum Corporation; 

• Tony Izzo, President, Enstar Natural Gas 

Company; 

• Rick Mott, Vice President, Exploration 

and Land, ConocoPhillips Alaska; 

• Bill Corbus, Commissioner, Alaska 

Department of Revenue. 

2:15 p.m. Panel 4—Comments on Proposed 

Rules by Other Agencies, Affected 

Enterprises or General Public; 

Moderator, Robert Cupina.

Panelists:

• Harold Heinze, Chief Executive, Alaska 

Natural Gas Development Authority 

(ANGDA); 

• Jeff Walker, Regional Supervisor Field 

Operations, Department of the Interior 

Minerals Management Service; 

• Colleen McCarthy, Deputy State Director, 

Energy, Bureau of Land Management; 

• David Houseknecht, Research Geologist, 

U.S. Geological Survey (traditional 

reserves); 

• Timothy Collett, Geologist, U.S. 

Geological Survey (hydrate resources). 

3:15 p.m. Open Forum—Moderator: Robert 

Cupina. 

• Responses/questions to previous 

discussions. 

• Additional points of view. 

4 p.m. Closing Remarks/Adjourn; 

Commissioners/Robert Cupina.

[FR Doc. 04–26875 Filed 12–7–04; 8:45 am] 

BILLING CODE 6717–01–P

ENVIRONMENTAL PROTECTION 

AGENCY

[OPP–2004–0395; FRL–7688–9]

FIFRA Scientific Advisory Panel; 

Notice of Public Meeting

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Notice.

SUMMARY: There will be a 2-day meeting 

of the Federal Insecticide, Fungicide, 

and Rodenticide Act Scientific Advisory 

Panel (FIFRA SAP) to consider and 

review human health issues associated 

with the Cry34Ab1 protein.

DATES: The meeting will be held on 

March 1–2, 2005, from 8:30 a.m. to 

approximately 5 p.m, eastern time.

Comments: For the deadlines for the 

submission of requests to present oral 

comments and the submission of 

written comments, see Unit I.E. of the 

SUPPLEMENTARY INFORMATION. 

Nominations: Nominations of 

scientific experts to serve as ad hoc 

Federal Register / Vol. 69, No. 235 / Wednesday, December 8, 2004 / Notices 71033

members of the FIFRA SAP for this 

meeting should be provided on or before 

December 20, 2004. 

Special seating: Requests for special 

seating arrangements should be made at 

least 5 business days prior to the 

meeting.

ADDRESSES: The meeting will be held at 

the Holiday Inn-National Airport, 2650 

Jefferson Davis Highway, Arlington,VA 

22202. The telephone number for the 

Holiday Inn-National Airport is 703–

684–7200.

Comments: Written comments may be 

submitted electronically (preferred), 

through hand delivery/courier, or by 

mail. Follow the detailed instructions as 

provided in Unit I. of the 

SUPPLEMENTARY INFORMATION.

Nominations, Requests to present oral 

comments, and Special seating: To 

submit nominations for ad hoc members 

of the FIFRA SAP for this meeting, 

requests for special seating 

arrangements, or requests to present oral 

comments, notify the Designated 

Federal Official (DFO) listed under FOR

FURTHER INFORMATION CONTACT.. To 

ensure proper receipt by EPA, your 

request must identify docket ID number 

OPP–2004–0395 in the subject line on 

the first page of your response.

FOR FURTHER INFORMATION CONTACT: Paul 

I. Lewis, DFO, Office of Science 

Coordination and Policy (7201M), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460; telephone number: 202–564–

8450; fax number: 202–564–8382; e-mail 

addresses: lewis.paul@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 persons who are or may be 

required to conduct testing of chemical 

substances under the Federal Food, 

Drug, and Cosmetic Act (FFDCA), 

FIFRA, and the Food Quality Protection 

Act of 1996 (FQPA). 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 DFO 

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 ID number OPP–2004–

0395. 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, 1801 South Bell St., 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/.

EPA’s position paper, charge/

questions to FIFRA SAP, FIFRA SAP 

composition (i.e., members and 

consultants for this meeting) and the 

meeting agenda will be available as soon 

as possible, but no later than early 

February 2005. In addition, the Agency 

may provide additional background 

documents as the materials become 

available. You may obtain electronic 

copies of these documents, and certain 

other related documents that might be 

available electronically, from the FIFRA 

SAP Internet Home Page at http://

www.epa.gov/scipoly/sap.

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 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 in hard copy 

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 (preferred), through hand 

delivery/courier, or by mail. 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. 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 email address or other contact 

information in the body of your 

comment. Also include this contact 

information on the outside of any disk 

71034 Federal Register / Vol. 69, No. 235 / Wednesday, December 8, 2004 / Notices 

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 

follow the online instructions for 

submitting comments. Once in the 

system, select ‘‘search,’’ and then key in 

docket ID number OPP–2004–0395. 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 opp-docket@epa.gov, 

Attention: Docket ID Number OPP–

2004–0395. 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 deliver as described in Unit I.C.2. 

or mail to the address provided in Unit 

I.C.3. 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 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, 1801 South Bell 

St., Arlington, VA, Attention: Docket ID 

Number OPP–2004–0395. Such 

deliveries are only accepted during the 

docket’s normal hours of operation as 

identified in Unit I.B.1.

3. By mail. Due to potential delays in 

EPA’s receipt and processing of mail, 

respondents are strongly encouraged to 

submit comments either electronically 

or by hand delivery or courier. We 

cannot guarantee that comments sent 

via mail will be received prior to the 

close of the comment period. If mailed, 

please send your comments to: Public 

Information and Records Integrity 

Branch (PIRIB) (7502C), Office of 

Pesticide Programs (OPP), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001, Attention: Docket ID 

Number OPP–2004–0395.

D. 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. Provide specific examples to 

illustrate your concerns.

5. Make sure to submit your 

comments by the deadline in this 

document.

6. 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.

E. How May I Participate in this 

Meeting?

You may participate in this meeting 

by following the instructions in this 

unit. To ensure proper receipt by EPA, 

it is imperative that you identify docket 

ID number OPP–2004–0395 in the 

subject line on the first page of your 

request.

1. Oral comments. Oral comments 

presented at the meetings should not be 

repetitive of previously submitted oral 

or written comments. Although requests 

to present oral comments are accepted 

until the date of the meeting (unless 

otherwise stated), to the extent that time 

permits, interested persons may be 

permitted by the Chair of FIFRA SAP to 

present oral comments at the meeting. 

Each individual or group wishing to 

make brief oral comments to FIFRA SAP 

is strongly advised to submit their 

request to the DFO listed under FOR

FURTHER INFORMATION CONTACT no later 

than noon, eastern time, February 24, 

2005, in order to be included on the 

meeting agenda. The request should 

identify the name of the individual 

making the presentation, the 

organization (if any) the individual will 

represent, and any requirements for 

audiovisual equipment (e.g., overhead 

projector, 35 mm projector, chalkboard). 

Oral comments before FIFRA SAP are 

limited to approximately 5 minutes 

unless prior arrangements have been 

made. In addition, each speaker should 

bring 30 copies of his or her comments 

and presentation slides for distribution 

to FIFRA SAP at the meeting.

2. Written comments. Although 

submission of written comments are 

accepted until the date of the meeting 

(unless otherwise stated), the Agency 

encourages that written comments be 

submitted, using the instructions in 

Unit I., no later than noon, eastern time, 

February 24, 2005, to provide FIFRA 

SAP the time necessary to consider and 

review the written comments. There is 

no limit on the extent of written 

comments for consideration by FIFRA 

SAP. Persons wishing to submit written 

comments at the meeting should contact 

the DFO listed under FOR FURTHER

INFORMATION CONTACT and submit 30 

copies.

3. Seating at the meeting. Seating at 

the meeting will be on a first-come 

basis. Individuals requiring special 

accommodations at this meeting, 

including wheelchair access and 

assistance for the hearing impaired, 

should contact the DFO at least 5 

business days prior to the meeting using 

the information under FOR FURTHER

INFORMATION CONTACT so that 

appropriate arrangements can be made.

4. Request for nominations of 

prospective candidates for service as ad 

hoc members of the FIFRA SAP for this 

meeting. As part of a broader process for 

developing a pool of candidates for each 

meeting, the FIFRA SAP staff routinely 

solicit the stakeholder community for 

nominations of prospective candidates 

for service as ad hoc members of the 

FIFRA SAP. Any interested person or 

organization may nominate qualified 

individuals to be considered as 

prospective candidates for a specific 

meeting. Individuals nominated for this 

meeting should have expertise in one or 

more of the following areas: 

Allergenicity, enzyme kinetics, pepsin 

digestibility assays, and proteases. 

Nominees should be scientists who have 

sufficient professional qualifications, 

including training and experience, to be 

capable of providing expert comments 

on the scientific issues for this meeting. 

Nominees should be identified by name, 

occupation, position, address, and 

telephone number. Nominations should 

be provided to the DFO listed under FOR

Federal Register / Vol. 69, No. 235 / Wednesday, December 8, 2004 / Notices 71035

FURTHER INFORMATION CONTACT on or 

before December 20, 2004.

The Agency will consider all 

nominations of prospective candidates 

for this meeting that are received on or 

before this date. However, final 

selection of ad hoc members for this 

meeting is a discretionary function of 

the Agency.

The selection of scientists to serve on 

the FIFRA SAP is based on the function 

of the panel and the expertise needed to 

address the Agency’s charge to the 

panel. No interested scientists shall be 

ineligible to serve by reason of their 

membership on any other advisory 

committee to a Federal department or 

agency or their employment by a 

Federal department or agency (except 

the EPA). Other factors considered 

during the selection process include 

availability of the potential panel 

member to fully participate in the 

panel’s reviews, absence of any conflicts 

of interest or appearance of lack of 

impartiality, independence with respect 

to the matters under review, and lack of 

bias. Though financial conflicts of 

interest, the appearance of lack of 

impartiality, lack of independence, and 

bias may result in disqualification, the 

absence of such concerns does not 

assure that a candidate will be selected 

to serve on the FIFRA SAP. Numerous 

qualified candidates are identified for 

each panel. Therefore, selection 

decisions involve carefully weighing a 

number of factors including the 

candidates’ areas of expertise and 

professional qualifications and 

achieving an overall balance of different 

scientific perspectives on the panel. In 

order to have the collective breadth of 

experience needed to address the 

Agency’s charge for this meeting, the 

Agency anticipates selecting 

approximately 12 ad hoc scientists.

If a prospective candidate for service 

on the FIFRA SAP is considered for 

participation in a particular session, the 

candidate is subject to the provisions of 

5 CFR part 2634, Executive Branch 

Financial Disclosure, as supplemented 

by the EPA in 5 CFR part 6401. As such, 

the FIFRA SAP candidate is required to 

submit a Confidential Financial 

Disclosure Form for Special 

Government Employees Serving on 

Federal Advisory Committees at the 

U.S. Environmental Protection Agency 

(EPA Form 3110–48 5–02) which shall 

fully disclose, among other financial 

interests, the candidate’s employment, 

stocks, and bonds, and where 

applicable, sources of research support. 

The EPA will evaluate the candidate’s 

financial disclosure form to assess that 

there are no financial conflicts of 

interest, no appearance of lack of 

impartiality and no prior involvement 

with the development of the documents 

under consideration (including previous 

scientific peer review) before the 

candidate is considered further for 

service on the FIFRA SAP.

Those who are selected from the pool 

of prospective candidates will be asked 

to attend the public meetings and to 

participate in the discussion of key 

issues and assumptions at these 

meetings. In addition, they will be asked 

to review and to help finalize the 

meeting minutes. The list of FIFRA SAP 

members participating at this meeting 

will be posted on the FIFRA SAP web 

site or may be obtained by contacting 

the PIRIB at the address or telephone 

number listed in Unit I.

II. Background

A. Purpose of the FIFRA SAP

Amendments to FIFRA enacted 

November 28, 1975 (7 U.S.C. 136w(d)), 

include a requirement under section 

25(d) of FIFRA that notices of intent to 

cancel or reclassify pesticide 

registrations pursuant to section 6(b)(2) 

of FIFRA, as well as proposed and final 

forms of regulations pursuant to section 

25(a) of FIFRA, be submitted to a SAP 

prior to being made public or issued to 

a registrant. In accordance with section 

25(d) of FIFRA, the FIFRA SAP is to 

have an opportunity to comment on the 

health and environmental impact of 

such actions. The FIFRA SAP also shall 

make comments, evaluations, and 

recommendations for operating 

guidelines to improve the effectiveness 

and quality of analyses made by Agency 

scientists. Members are scientists who 

have sufficient professional 

qualifications, including training and 

experience, to be capable of providing 

expert comments as to the impact on 

health and the environment of 

regulatory actions under sections 6(b) 

and 25(a) of FIFRA. The Deputy 

Administrator appoints seven 

individuals to serve on the FIFRA SAP 

for staggered terms of 4 years, based on 

recommendations from the National 

Institutes of Health and the National 

Science Foundation.

Section 104 of FQPA (Public Law 

104–170) established the FQPA Science 

Review Board (SRB). These scientists 

shall be available to the FIFRA SAP on 

an ad hoc basis to assist in reviews 

conducted by the FIFRA SAP.

B. Public Meeting

The FIFRA SAP will meet to consider 

and review human health issues 

associated with the Cry34Ab1 protein. 

Dow AgroSciences and Pioneer Hi-Bred 

International, Inc. have submitted 

applications for FIFRA section 3 

registration of the plant-incorporated 

protectant (PIP) Bacillus thuringiensis

Cry34Ab1 and Cry35Ab1 proteins and 

the genetic material necessary for their 

production in corn. These products are 

intended to provide protection against 

western and northern corn rootworm 

larvae.

Although a tolerance exemption is in 

place for Cry34/35, this exemption is 

temporary and was granted for 

Experimental Use Permits (EUPs) for 

Dow and Pioneer totaling 5867 acres. 

The Agency is still evaluating the 

allergenicity potential of Cry34/35 as 

part of the current request for section 3 

registration. In assessing the 

allergenicity potential, the Agency is 

using a weight of the evidence approach 

that utilizes information on amino acid 

sequence, source of the trait, prevalence 

in food, and biochemical properties of 

the proteins. Cry34Ab1 and Cry35Ab1 

do not have properties that would 

indicate a potential for allergenicity, 

given the current state of knowledge. 

However, Cry34Ab1 does appear to 

digest more slowly in simulated gastric 

fluid (SGF) than other registered 

proteins. Moreover, it digests faster than 

most allergens but slower than most 

previously tested non–allergens.

As part of the registrants’ request for 

an EUP and temporary exemption from 

the requirement of a tolerance, they 

have submitted several studies 

investigating the in vitro digestibility of 

the proteins in simulated gastric fluid 

(SGF), which contains the enzyme 

pepsin.

In the first submitted study, Cry35Ab1 

was shown to digest within 1-5 minutes. 

Cry34Ab1 was shown to digest within 

20-30 minutes. This study, as is typical 

of in vitro digestibility studies for PIPs, 

focused on the time required for the 

proteins to become undetectable, and 

therefore, the results are dependent on 

the detection limit of the analytical 

method used. Most other Cry proteins 

digest within 30 seconds to 5 minutes.

A second study used a kinetic 

approach where the rate of pepsin 

digestion of Cry34Ab1 was investigated 

by measuring the relative amount of 

Cry34Ab1 remaining at each of the time 

points. The registrants estimated the 

half-life and DT90 (time to 90% 

disappearance) to be 2 minutes and 6 

minutes, respectively. In this 

experiment, Cry34Ab1 was undetectable 

after 15 to 20 minutes. Finally, the 

Agency has recently received a study 

from the registrants that further 

evaluates the kinetic method of 

assessing pepsin digestion using 

allergens and non-allergens.

71036 Federal Register / Vol. 69, No. 235 / Wednesday, December 8, 2004 / Notices 

Kinetic approach data from studies on 

Cry34Ab1 and studies with known 

allergens and non-allergens, as well as 

the Agency’s allergenicity assessment of 

Cry34Ab1 will be presented to the 

FIFRA SAP. The Panel will be asked to 

consider the appropriateness of the 

kinetic approach, how digestion assays 

should be used in allergenicity 

assessments, and what assay conditions 

should be used for comparing the 

digestion of different proteins.

C. FIFRA SAP Meeting Minutes

The FIFRA SAP will prepare meeting 

minutes summarizing its 

recommendations to the Agency in 

approximately 60 days after the 

meeting. The meeting minutes will be 

posted on the FIFRA SAP web site or 

may be obtained by contacting the PIRIB 

at the address or telephone number 

listed in Unit I.

List of Subjects

Environmental protection, Pesticides 

and pests.

Dated: November 30, 2004.

Joseph Merenda, Jr,

Director, Office of Science Coordination and 

Policy.

[FR Doc. 04–26946 Filed 12–7–04; 8:45 am]

BILLING CODE 6560–50–S

ENVIRONMENTAL PROTECTION 

AGENCY

[OPP–2004–0377; FRL–7687–4]

Clothianidin; Notice of Filing a 

Pesticide Petition to Establish a 

Tolerance for a Certain Pesticide 

Chemical in or on Food

AGENCY: Environmental Protection 

Agency (EPA).

ACTION: Notice.

SUMMARY: This notice announces the 

initial filing of a pesticide petition 

proposing the establishment of 

regulations for residues of a certain 

pesticide chemical in or on various food 

commodities.

DATES: Comments, identified by docket 

identification (ID) number OPP–2004–

0377 must be received on or before 

January 7, 2005.

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: Dan 

Kenny, Registration Division (7505C), 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 305–7546; e-mail address: 

Kenny.Dan@epa.gov.

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

You may be potentially affected by 

this action if you an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. Potentially 

affected entities may include, but are 

not limited to:

• Crop production (NAICS 111)

• Animal production (NAICS 112)

• Food manufacturing (NAICS 311)

• Pesticide manufacturing (NAICS 

32532)

This listing is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. 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 ID number OPP–2004–

0377. 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, 1801 South Bell St., 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. 

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.

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. 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