Federal Register / Vol. 74, No. 22 / Wednesday, February 4, 2009 / Notices 6031 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. 

Use of the www.regulations.gov Web 

site to submit comments to EPA 

electronically is EPA’s preferred method 

for receiving comments. The electronic 

public docket 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. 

In contrast to EPA’s electronic public 

docket, EPA’s electronic mail (e-mail) 

system is not an ‘‘anonymous access’’ 

system. If you send an e-mail comment 

directly to the Docket without going 

through www.regulations.gov, your email 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 16, 2009. 

Richard B. Ossias, 

Associate General Counsel. 

[FR Doc. E9–2342 Filed 2–3–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2008–0941; FRL–8399–1] 

Pesticide Experimental Use Permit; 

Receipt of Amendment/Extension 

Application; Comment Request 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: This notice announces EPA’s 

receipt of an application 524–EUP–1 

from Monsanto Company requesting to 

amend and extend an experimental use 

permit (EUP) for the plant-incorporated 

protectant (PIP) Bacillus thuringiensis 

Cry1Ac protein and the genetic material 

necessary for its production (vector PVGMIR9) in MON 87701 soybean. 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 March 6, 2009. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2008–0941, 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–2008– 

0941. 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: 

Alan Reynolds, Biopesticides and 

Pollution Prevention Division (7511P), 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 605–0515; e-mail address: 

reynolds.alan@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 

6032 Federal Register / Vol. 74, No. 22 / Wednesday, February 4, 2009 / Notices 

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. 

Pursuant to 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: Monsanto Company, (524– 

EUP–1). 

Pesticide Chemical: Bacillus 

thuringiensis Cry1Ac protein and the 

genetic material necessary for its 

production (vector PV-GMIR9) in MON 

87701 soybean. 

Summary of Request: Monsanto 

Company has requested an amendment 

and extension of permit 524–EUP–1, 

which was first granted by EPA on 

September 13, 2007 and extended on 

April 11, 2008. Under the existing EUP, 

plantings are permitted through July 31, 

2009. Monsanto is now proposing to 

extend the experimental program until 

December 31, 2010 and to amend it by 

conducting testing with up to 0.466 

pounds of Cry1Ac protein and the 

genetic material necessary for its 

production in MON 87701 soybean on 

1,362 acres (282.86 acres of non-PIP and 

border rows are also proposed for a total 

of 1,644.86 acres). Two trial protocols 

will be conducted, including: 

• Breeding and observation. 

• Regulatory trials. 

States and Commonwealth involved 

in the trials include: Arkansas, Illinois, 

Indiana, Kentucky, Maryland, Missouri, 

North Carolina, Puerto Rico, South 

Carolina, and Virginia. 

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. 

List of Subjects 

Environmental protection, 

Experimental use permits. 

Dated: January 16, 2009. 

Janet L. Andersen, 

Director, Biopesticides and Pollution 

Prevention Division, Office of Pesticide 

Programs. 

[FR Doc. E9–2361 Filed 2–3–09; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–8766–9] 

Notice of Proposed Administrative 

Settlement Pursuant to the 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act, as Amended; Atlas Iron and Metal 

Site 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice, request for public 

comments. 

SUMMARY: In accordance with Section 

122(i) of the Comprehensive 

Environmental Response, 

Compensation, and Liability Act 

(‘‘CERCLA’’), as amended, 42 U.S.C. 

9622(i), notice is hereby given of a 

proposed Administrative Agreement for 

Recovery of Past Response Costs 

(‘‘Agreement,’’ Region 9 Docket No. 9– 

2009–04) pursuant to Section 122(h) of 

CERCLA concerning the Atlas Iron and 

Metal Site (the ‘‘Site’’), located in Los 

Angeles, Los Angeles County, 

California. The settling parties are S&W 

Atlas Iron and Metal Co., Inc., and 

10019 S. Alameda LLC 

(‘‘Respondents’’). Through the proposed 

Agreement, the Respondents will 

reimburse the United States $74,000 for 

response costs incurred at the Site. The 

Agreement provides Respondents with a 

covenant not to sue for response costs 

at the Site, and contribution protection. 

For thirty (30) days following the date 

of publication of this Notice, the Agency 

will receive written comments relating 

to the proposed Agreement. The 

Agency’s response to any comments 

received will be available for public 

inspection at EPA’s Region IX offices, 

located at 75 Hawthorne Street, San 

Francisco, California 94105. 

DATES: Comments must be submitted on 

or before March 6, 2009. 

ADDRESSES: The proposed Agreement 

may be obtained from Andrew 

Helmlinger, in the Office of Regional 

Counsel, telephone (415) 972–3904. 

Comments regarding the proposed 

Agreement should be addressed to 

Andrew Helmlinger at the U.S. 

Environmental Protection Agency 

(ORC–3), 75 Hawthorne Street, San 

Francisco, California 94105, and should 

reference the Atlas Iron and Metal Site 

Agreement, and Region IX Docket No. 

9–2009–04. 

FOR FURTHER INFORMATION CONTACT: 

Andrew Helmlinger, Office of Regional 

Counsel, (415) 972–3904, U.S. 

Environmental Protection Agency, 

Region 9, 75 Hawthorne Street, San 

Francisco, CA 94105. 

Dated: January 6, 2009. 

Keith A. Takata, 

Director, Superfund Division. 

[FR Doc. E9–2340 Filed 2–3–09; 8:45 am] 

BILLING CODE 6560–50–P