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###### Environmental Protection Agency

          - [EPA-HQ-OPP-2007-0119; FRL-8117-6] 

# AGENCY: 

Environmental Protection Agency (EPA). 

# ACTION: 

Notice. 

# SUMMARY: 

                        This notice announces receipt of an application 71693-EUP-R from Interregional Research Project Number 4 (IR-4), on behalf of the Arizona Cotton Research and Protection Council, requesting an experimental use permit (EUP) for                         *Aspergillus flavus*                         AF36. The Agency has determined that the application 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 April 9, 2007. 

# ADDRESSES: 

Submit your comments, identified by docket identification (ID) number EPA-HQ-OPP-2007-0119 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 Building), 2777 S. Crystal Drive, Arlington, VA. Deliveries are only accepted during the Docket'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 telephone number is (703) 305-5805.                     

*Instructions*: Direct your comments to docket ID number EPA-HQ-OPP-2007-0119. 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 e-mail. The Federal 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 in regulations.gov. To access the electronic docket, go to                         *http://www.regulations.gov*, select “Advanced Search,” then “Docket Search.” Insert the docket ID number where indicated and select the “Submit” button. Follow the instructions on the regulations.gov web site to view the docket index or access available documents. 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 Building), 2777 S. Crystal Drive, 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 telephone number is (703) 305-5805.                     

# FOR FURTHER INFORMATION CONTACT: 

                        Shanaz Bacchus, Biopesticides and Pollution Prevention Division (7511P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number: (703) 308-8097; e-mail address:                         *bacchus.shanaz@epa.gov*.                     

#                     SUPPLEMENTARY INFORMATION:                           ( print page 10752)    

## 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 to those persons who are interested in agricultural biotechnology or may be required to conduct testing of pesticidal 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. 

## II. Background 

                    IR-4, Rutgers University, 500 College Road East, Suite 201W, Princeton, NJ 08540, on behalf of the Arizona Cotton Research and Protection Council, 3721 East Weir Avenue Phoenix, Arizona 85040-2933 proposes to treat pistachio in California. The registrant plans to use the a conditionally registered microbial pesticide containing                     *Aspergillus flavus*                     AF36, at 0.0008 percent (EPA Registration Number 71693-1). This pesticide is currently used on cotton in California.                 

## III. What Action is the Agency Taking? 

                    Following the review of the IR-4 application and any comments and data received in response to this notice, EPA will decide whether to issue or deny the EUP request for this EUP program, and if issued, the conditions under which it is to be conducted. Any issuance of an EUP will be announced in the                     **Federal Register**                    .                 

## IV. What is the Agency's Authority for Taking this Action? 

The Agency is authorized to take this action under FIFRA section 5. 

# List of Subjects 

      - Environmental protection
      - Experimental use permits

Dated: February 28, 2007. 

Janet L. Andersen, 

Director, Biopesticides and Pollution Prevention Division, Office of Pesticide Programs. 

[FR Doc. E7-4169 Filed 3-8-07; 8:45 am]

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