Federal Register / Vol. 74, No. 188 / Wednesday, September 30, 2009 / Notices 50183 

under section 303(c) when such action 

is necessary. 

The 2000 Human Health 

Methodology, along with the Technical 

Support Documents, provides States 

and authorized Tribes with guidance to 

adjust water quality criteria developed 

by EPA under section 304 to reflect 

local conditions or to develop their own 

water quality criteria using scientifically 

defensible methods. EPA believes that 

ambient water quality criteria inherently 

require several risk management 

decisions that are, in many cases, better 

made at the State, Tribal, or regional 

level. EPA encourages States and 

authorized Tribes to use the final 

Methodology and Technical Support 

Documents to develop site-specific 

water quality criteria to appropriately 

reflect local conditions. The SiteSpecific BAF TSD, released with today’s 

announcement, will assist States and 

authorized Tribes in development of 

site-specific BAFs for use in site-specific 

ambient water quality criteria 

calculations. 

III. Background Information on the 

Bioaccumulation Factors Technical 

Support Document Volume III (SiteSpecific BAF TSD) 

In order to prevent harmful exposures 

to chemicals in water through eating 

contaminated fish and shellfish, 

national section 304(a) water quality 

criteria for protecting human health 

address chemical bioaccumulation in 

aquatic organisms. Bioaccumulation 

occurs when aquatic organisms 

accumulate chemicals in their bodies 

when they are exposed to these 

chemicals through the surrounding 

media (e.g., water, food, sediment). The 

extent of bioaccumulation by aquatic 

organisms varies widely depending on 

the chemical and the species, but it can 

be extremely high for some highly 

persistent and lipid-soluble chemicals. 

For such highly bioaccumulative 

chemicals, concentrations in aquatic 

organisms may pose unacceptable 

human health risks from eating fish and 

shellfish even when concentrations in 

water are too low to cause unacceptable 

health risks from drinking the water. 

EPA developed detailed procedures 

and guidelines described in the 2000 

Human Health Methodology for 

estimating bioaccumulation factor (BAF) 

values for use in deriving or revising 

ambient water quality criteria. The 

National BAF TSD discusses the 

technical basis for developing national 

BAFs, the underlying assumptions and 

uncertainties inherent to the approach, 

and applying the bioaccumulation 

component of the 2000 Human Health 

Methodology. The Site-Specific BAF 

TSD expands on the information 

presented in the National BAF TSD by 

providing users with specific 

information on how to calculate sitespecific BAFs for use in modifying the 

national section 304(a) criteria, and is 

available on EPA’s Web site at http:// 

www.epa.gov/waterscience/criteria/ 

humanhealth/method/index.html. Both 

documents rely on a framework for 

selecting the appropriate procedure for 

deriving BAFs that is based on chemical 

properties, biological activity and 

scientific information. The Site-Specific 

BAF TSD presents methods for States, 

Tribes and other interested parties to 

calculate BAFs that are specific to their 

site. The goal in deriving site-specific 

BAFs is to determine the most accurate 

estimates of bioaccumulation feasible 

for each site. 

Dated: September 21, 2009. 

Michael H. Shapiro, 

Acting Assistant Administrator, Office of 

Water. 

[FR Doc. E9–23631 Filed 9–29–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2009–0608; FRL–8433–1] 

Pesticide Experimental Use Permit; 

Receipt of Application; Comment 

Request 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: This notice announces EPA’s 

receipt of an application 67979–EUP–I 

from Syngenta Seeds Inc. requesting an 

experimental use permit (EUP) for the 

plant-incorporated protectant (PIP) 

[Event 5307] Bacillus thuringiensis 

eCry3.1Ab protein and the genetic 

material necessary for its production 

(vector pSYN12274) in event 5307 corn 

(SYN–;53;7–1) and combined trait 

hybrids with one or more of the 

following additional PIPs: 1) [Bt11] 

Bacillus thuringiensis Cry1Ab deltaendotoxin and the genetic material (as 

contained in plasmid vector pZO1502) 

necessary for its production in corn, 2) 

[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, 3) [MIR162] 

Bacillus thuringiensis Vip3Aa20 and the 

genetic material necessary for its 

production (vector pNOV1300) in event 

MIR162 maize (SYN–IR162–4), 4) 

[MIR604] Modified Cry3A protein and 

the genetic material necessary for its 

production (via elements of pZM26) in 

corn (SYN–IR604–8), and 5) [TC1507] 

Bacillus thuringiensis Cry1F protein and 

the genetic material (vector PHP8999) 

for its production in Event TC1507 corn. 

The Agency has determined that the 

permit may be of regional and national 

significance. Therefore, in accordance 

with 40 CFR 172.11(a), the Agency is 

soliciting comments on this application. 

DATES: Comments must be received on 

or before October 30, 2009. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2009–0608, 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– 

0608. 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 


CPrice-Sewell on DSKGBLS3C1PROD with NOTICES
50184 Federal Register / Vol. 74, No. 188 / Wednesday, September 30, 2009 / Notices 

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 

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 an 

EUP 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. 

In accordance with 40 CFR 172.11(a), 

the Agency has determined that the 

following EUP application may be of 

regional and national significance, and 

therefore is seeking public comment on 

the EUP application: 

Submitter: Syngenta Seeds Inc., 

(67979–EUP–I). 

Pesticide Chemical: [Event 5307] 

Bacillus thuringiensis eCry3.1Ab 

protein and the genetic material 

necessary for its production (vector 

pSYN12274) in event 5307 corn (SYN– 

;53;7–1). 

Summary of Request: The 67979– 

EUP–I application is for 6,889 acres of 

Event 5307 and combined trait hybrid 

PIPs corn as described under SUMMARY, 

2,606 acres of non-PIP corn, and 2,951 

acres of border rows for a total of 12,446 

acres during the 2010 growing season. 

During the 2011 growing season, 6,835 

acres of Event 5307 and combined trait 

hybrid PIPs corn, 2,584 acres of non-PIP 

corn, and 2,919 acres of border rows for 

a total of 12,338 acres are proposed. 

Five trial protocols will be conducted, 

including: 

• Breeding and observation. 

• Efficacy evaluation. 

• Agronomic observation. 

• Inbred and sample hybrid seed 

production. 

• Regulatory studies. 

States and Commonwealth involved 

include: Arkansas, California, Colorado, 

Florida, Georgia, Hawaii, Idaho, Illinois, 

Indiana, Iowa, Kansas, Kentucky, 

Louisiana, Maryland, Michigan, 

Minnesota, Mississippi, Missouri, 

Nebraska, New York, North Carolina, 

Ohio, Oklahoma, Puerto Rico, South 

Carolina, South Dakota, Texas, 

Washington, and Wisconsin. 

A copy of the application and any 

information submitted is available for 

public review in the docket established 

for this EUP application as described 

under ADDRESSES. 

Following the review of the 

application and any comments and data 

received in response to this solicitation, 

EPA will decide whether to issue or 

deny the EUP request, and if issued, the 

conditions under which it is to be 

conducted. Any issuance of an EUP will 

be announced in the Federal Register. 


CPrice-Sewell on DSKGBLS3C1PROD with NOTICES
Federal Register / Vol. 74, No. 188 / Wednesday, September 30, 2009 / Notices 50185 

List of Subjects 

Environmental protection, 

Experimental use permits. 

Dated: September 22, 2009. 

Keith A. Matthews, 

Acting Director, Biopesticides and Pollution 

Prevention Division, Office of Pesticide 

Programs. 

[FR Doc. E9–23587 Filed 9–29–09; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2009–0716; FRL–8792–5] 

Pesticide Product Registration 

Approval 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: This notice announces 

Agency approval of an application to 

register the pesticide product Bedoukian 

l-Carvone containing an active 

ingredient not included in any 

previously registered products pursuant 

to the provisions of section 3(c)(5) of the 

Federal Insecticide, Fungicide, and 

Rodenticide Act (FIFRA), as amended. 

FOR FURTHER INFORMATION CONTACT: 

Colin Walsh, Biopesticides and 

Pollution Prevention Division (7511P), 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 308–0298; e-mail address: 

walsh.colin@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Action Apply to Me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. Potentially 

affected entities may include, but are 

not limited to: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 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 a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPP–2009–0716. 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. 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. 

In accordance with section 3(c)(2) of 

FIFRA, a copy of the approved label, the 

list of data references, the data and other 

scientific information used to support 

registration, except for material 

specifically protected by section 10 of 

FIFRA, are also available for public 

inspection. Requests for data must be 

made in accordance with the provisions 

of the Freedom of Information Act and 

must be addressed to the Freedom of 

Information Office (A–101), 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001. Such requests should: 

Identify the product name and 

registration number and specify the data 

or information desired. 

A paper copy of the fact sheet, which 

provides more detail on this 

registration, may be obtained from the 

National Technical Information Service 

(NTIS), 5285 Port Royal Rd., 

Springfield, VA 22161. 

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. Did EPA Approve the Application? 

The Agency approved the application 

after considering all required data on 

risks associated with the proposed use 

of l-Carvone, and information on social, 

economic, and environmental benefits 

to be derived from use. Specifically, the 

Agency has considered the nature of the 

chemical and its pattern of use, 

application methods and rates, and level 

and extent of potential exposure. Based 

on these reviews, the Agency was able 

to make basic health and safety 

determinations which show that use of 

l-Carvone when used in accordance 

with widespread and commonly 

recognized practice, will not generally 

cause unreasonable adverse effects to 

the environment. 

III. Approved Application 

EPA issued a notice, published in the 

Federal Register of March 4, 2009 (74 

FR 9396) (FRL–8401–7), which 

announced that Bedoukian Research 

Inc., 21 Finance Dr., Danbury, CT. 

06810, had submitted an application to 

register the pesticide product, 

Bedoukian l-Carvone, mosquito 

repellent (EPA File Symbol 52991-23), 

containing the new active ingredient, lCarvone, comprised of oil from the 

spearmint plant. This product was not 

previously registered. 

The application was approved on 

September 2, 2009, as Bedoukian lCarvone (EPA Registration Number 

52991-23) for use as a mosquito 

repellent. (Colin Walsh: C. Walsh). 

List of Subjects 

Environmental protection, Chemicals, 

Pests and pesticides. 

Dated: September 21, 2009. 

Keith A. Matthews, 

Acting Director, Biopesticides and Pollution 

Prevention Division, Office of Pesticide 

Programs. 

[FR Doc. E9–23449 Filed 9–29–09; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2008–0352; FRL–8436–4] 

Pesticide Product Registration 

Approval; Opportunity for Public 

Comment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: This notice announces 

Agency approval of applications to 

register pesticide products containing 

saflufenacil, a new active ingredient not 

included in any previously registered 

products, pursuant to the Federal 

Insecticide, Fungicide, and Rodenticide 

Act (FIFRA), as amended; and the 

opening of a comment period on such 

approval. 

DATES: Comments must be received on 

or before November 30, 2009. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2008–0352, by 

one of the following methods: 


CPrice-Sewell on DSKGBLS3C1PROD with NOTICES