Federal Register / Vol. 72, No. 15 / Wednesday, January 24, 2007 / Notices 3133 

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 the 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. Docket ID Numbers 

When submitting comments, please 

use the docket ID number assigned to 

the pesticide petition. 

PP Number Docket ID Number 

PP 5E6903 EPA–HQ–OPP–

2006–0481 

PP 6F7061 EPA–HQ–OPP–

2006–0993 

III. What Action is the Agency Taking? 

EPA is printing a summary of 

pesticide petitions received under 

section 408 of the Federal Food, Drug, 

and Cosmetic Act (FFDCA), 21 U.S.C. 

346a, proposing the establishment or 

amendment of regulations in 40 CFR 

part 180 for residues of pesticide 

chemicals in or on various food 

commodities. EPA has determined that 

these pesticide petitions contain data or 

information regarding the elements set 

forth in FFDCA section 408(d)(2); 

however, EPA has not fully evaluated 

the sufficiency of the submitted data at 

this time or whether the data support 

granting of the pesticide petitions. 

Additional data may be needed before 

EPA rules on these pesticide petitions. 

Pursuant to 40 CFR 180.7(f), a 

summary of the petitions included in 

this notice, prepared by the petitioner 

along with a description of the 

analytical method available for the 

detection and measurement of the 

pesticide chemical residues is available 

on-line at http://www.regulations.gov. 

To locate this information on the 

regulations.gov website follow these 

steps: 

• Select ‘‘Advanced Search,’’ then 

‘‘Docket Search.’’

• In the ‘‘Docket ID’’ field, typethe 

docket ID number in the following form: 

‘‘OPP–year–docket number’’ (example: 

OPP–2005–9999); do not include ‘‘EPA–

HQ’’ in the docket ID number. 

• Click the ‘‘Submit’’ button. 

• Once the search locates the docket, 

click on the docket ID number to open 

the docket. 

New Tolerance 

1. PP 5E6903. (Docket ID number 

EPA–HQ–OPP–2006–0481). Valent 

U.S.A. Corporation, 1600 Riviera 

Avenue, Walnut Creek, CA 94596–8025, 

proposes to establish an import 

tolerance for residues of the fungicide 

fluopicolide in or on the food 

commodities grape, juice, and grape, 

wine at 2.0 parts per million (ppm), and 

the processed commodity grape, raisin 

at 9.0 ppm. In plant commodities, the 

analytical method included the 

combined residues of fluopicolide, 2,6- 

dichlorobenzamide and 3-chloro-5- 

trifluoromethylnicotinic acid, all 

calculated as fluopicolide. These 

residues were determined by liquid 

chromatography/mass spectrometry/ 

mass spectrometry (LC/MS/MS). 

Extraction efficiency testing has shown 

that the residues of concern are 

extracted effectively by the method even 

after storage. Stability testing has shown 

the parent compound and the 

metabolites to be stable during storage 

for up to 24 months. Contact: Janet 

Whitehurst; telephone number: (703) 

305–6129; e-mail 

address:whitehurst.janet@epa.gov. 

2. PP 6F7061. (Docket ID number 

EPA–HQ–OPP–2006–0993). Dow 

AgroSciences LLC, 9330 Zionsville 

Road, Indianapolis, IN 46268, proposes 

to establish a tolerance for residues of 

the herbicide florasulam in or on the 

food commodities wheat, barley, oat, 

rye, triticale (grain) at 0.01 ppm and 

wheat, barley, oat, rye, triticale (forage, 

hay, and straw) at 0.05 ppm. Gas 

chromatography and mass selective 

detection (GC-MSD) is use to measure 

and evaluate the chemical residues. 

Contact: Hope Johnson, telephone 

number: (703) 305–5410; e-mail address: 

johnson.hope@epa.gov. 

List of Subjects 

Environmental protection, 

Agricultural commodities, Feed 

additives, Food additives, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: January 10, 2007. 

Lois Rossi, 

Director, Registration Division, Office of 

Pesticide Programs. 

[FR Doc. E7–1009 Filed 1–23–07; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2006–0689; FRL–8088–7] 

Issuance of Experimental Use Permits 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: EPA has granted experimental 

use permits (EUPs) to the following 

pesticide applicants. An EUP permits 

use of a pesticide for experimental or 

research purposes only in accordance 

with the limitations in the permit. 

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. Although this action may be 

of particular interest to those persons 

who conduct or sponsor research on 

pesticides, 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 information in this action, 

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–2006–0689. 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 


pwalker on PROD1PC71 with NOTICES
3134 Federal Register / Vol. 72, No. 15 / Wednesday, January 24, 2007 / Notices 

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. 

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. EUP 

EPA has issued the following EUPs: 

524–EUP–97. Issuance. Monsanto Co., 

800 North Lindbergh Blvd., St. Louis, 

MO 63167. This EUP allows the use of 

165,700 lbs of corn seed containing the 

following plant-incorporated protectants 

(PIPs) in the amounts specified: 0.47 lbs 

of the Bacillus thuringiensis Cry1A.105 

protein and the genetic material 

necessary for its production (vector PVZMIR245) in Event MON 89034 corn, 

0.41 lbs of the Bacillus thuringiensis 

Cry2Ab2 protein and the genetic 

material necessary for its production 

(vector PV-ZMIR245) in Event MON 

89034 corn, and 1.49 lbs of the Bacillus 

thuringiensis Cry3Bb1 protein and the 

genetic material necessary for its 

production (vector ZMIR39) in Event 

MON 88017 corn. This EUP allows the 

use of this seed on 1,356 acres MON 

89034 corn; 363 acres MON 88017 corn; 

617 acres MON 89034 x MON 88017 

corn; and 461 acres non-Bt corn for 

2006–2007, and 3,541 acres MON 89034 

corn; 1,298 acres MON 88017 corn; 

1,110 acres MON 89034 x MON 88017 

corn; and 531 acres non-Bt corn for 

2007–2008. Eight trial protocols will be 

conducted, including: 

• Breeding and observation nursery. 

• Inbred seed increase production. 

• Line per se hybrid yield and 

herbicide tolerance trials. 

• Insect efficacy trials. 

• Product characterization and 

performance trials. 

• Insect resistance management trials. 

• Benefit assessment trials. 

• Seed treatment trials. 

The program is authorized only in the 

States of Alabama, Arizona, California, 

Colorado, Florida, Georgia, Hawaii, 

Idaho, Iowa, Illinois, Indiana, Kansas, 

Kentucky, Louisiana, Maryland, 

Michigan, Minnesota, Missouri, 

Mississippi, North Carolina, Nebraska, 

Ohio, Oregon, Pennsylvania, Puerto 

Rico, South Dakota, Tennessee, Texas, 

Washington, and Wisconsin. The EUP is 

effective from June 29, 2005 to June 30, 

2008, along with associated activities 

such as collection of field data and 

harvesting and processing of seed after 

last planting. 

Temporary and permanent 

exemptions from the requirement of a 

tolerance have been established for 

residues of the active ingredients in or 

on all corn commodities. One comment 

from a private citizen was received in 

response to the notice of receipt for this 

permit application, which was 

published in the Federal Register on 

May 26, 2006 (71 FR 30403) (FRL–8066–

8). The private citizen indicated that she 

does not favor genetically engineered 

corn and expressed the viewpoint that 

the permittee should be required to 

request permission from neighbors prior 

to testing. The commenter also 

expressed concern about the mechanics 

of submitting comments via the http:// 

www.regulations.gov site for the notice 

of receipt. The Agency understands the 

commenter’s concerns and recognizes 

that some individuals believe that 

genetically modified crops and food 

should be banned completely. 

Nonetheless, under the Federal 

Insecticide, Fungicide, Rodenticide Act 

(FIFRA), the Agency is tasked with 

reviewing applications for EUPs for any 

pesticide, including PIPs, and granting 

such applications to the extent that the 

conditions of FIFRA section 5, and the 

regulations thereunder, have been met 

(subject to such terms and conditions as 

the Agency determines are warranted). 

In this instance, EPA has determined 

that the relevant statutory and 

regulatory conditions have been met. In 

addition, there is nothing in FIFRA or 

in the Agency’s regulations enacted 

thereunder that compels, and EPA does 

not otherwise require, a permittee to 

notify neighbors prior to testing as 

suggested. Finally, the Agency 

understands some of the adjustments 

needed to use the new electronic 

docketing system. One tip that should 

help in the future is that when 

commenting on notices of receipt, 

commenters should either choose 

‘‘Notices’’ or ‘‘All Document Types’’ in 

the ‘‘Document Type’’ box. If ‘‘Proposed 

Rules,’’ ‘‘Rules,’’ or ‘‘Other’’ are 

selected, ‘‘Notices’’ will not be selected 

in the search. 

67979–EUP–4. Amendment/ 

Extension. Syngenta Seeds, Inc., P.O. 

Box 12257, 3054 East Cornwallis Rd., 

Research Triangle Park, NC 27709–2257. 

This EUP allows the use of 50,420 lbs 

MIR604 and Bt11 corn seed containing 

the following PIPs in the amounts 

specified: A combined 0.0454 lbs of 

modified Cry3A Bacillus thuringiensis 

protein and the genetic material 

necessary for its production (via 

elements of pZM26) in Event MIR604 

corn (SYN-IR6;4-5) and Bt11 Bacillus 

thuringiensis Cry1Ab delta-endotoxin 

and the genetic material necessary for 

its production (plasmid vector pZ01502) 

in corn. This EUP allows the use of this 

seed on 2,300 acres MIR604 modified 

Cry3A corn, 670 acres Bt11 Cry1Ab 

corn, 965 acres MIR604 x Bt11 corn, and 

2,959 acres non-Bt corn. Five trial 

protocols will be conducted, including: 

• Breeding and observation. 

• Efficacy evaluation. 

• Agronomic observation. 

• Inbred and hybrid production. 

• Regulatory studies. 

The program is authorized only in the 

States of California, Colorado, Florida, 

Hawaii, Iowa, Illinois, Indiana, Kansas, 

Kentucky, Maryland, Michigan, 

Minnesota, Missouri, Mississippi, New 

Mexico, Nebraska, New York, Ohio, 

Pennsylvania, Puerto Rico, South 

Dakota, Texas, Virginia, and Wisconsin. 

The EUP is effective from March 2, 2006 

to February 28, 2007, along with 

associated activities such as collection 

of field data and harvesting and 

processing of seed after last planting. 

Temporary and permanent 

exemptions from the requirement of a 

tolerance have been established for 

residues of the active ingredients in or 

on all corn commodities. Three 

identical comments from a private 

citizen and one comment from a grower 

association were received in response to 

the notice of receipt for this permit 

application, which was published in the 

Federal Register on January 25, 2006 

(71 FR 4141) (FRL–7757–7). The private 

citizen indicated that she does not favor 

genetically engineered corn, opposed 

testing under this EUP except in fully 

enclosed greenhouses, and expressed 

the viewpoint that the permittee should 

be required to request permission from 

neighbors prior to testing. The Agency 

understands the commenter’s concerns 

and recognizes that some individuals 

believe that genetically modified crops 

and food should be banned completely. 

Nonetheless, under FIFRA, the Agency 

is tasked with reviewing applications 

for EUPs for any pesticide, including 

PIPs, and granting such applications to 

the extent that the conditions of FIFRA 

section 5, and the regulations 

thereunder, have been met (subject to 

such terms and conditions as the 

Agency determines are warranted). In 

this instance, EPA has determined that 

the relevant statutory and regulatory 

conditions have been met. In addition, 

there is nothing in FIFRA or in the 

Agency’s regulations enacted 

thereunder that compels, and EPA does 

not otherwise require, a permittee to 

notify neighbors prior to testing as 


pwalker on PROD1PC71 with NOTICES
Federal Register / Vol. 72, No. 15 / Wednesday, January 24, 2007 / Notices 3135 

suggested. Finally although certain 

containment provisions were required 

per the experimental program, the 

Agency did not require testing to be 

conducted in fully enclosed 

greenhouses because such a requirement 

was not necessary to mitigate risk. In 

contrast to the comments from the 

private citizen, the grower association 

requested that the Agency expeditiously 

grant the EUP and stated their position 

that agricultural biotechnology in many 

cases helps reduce the use of chemicals, 

improves profits, and preserves the 

environment. They also mentioned the 

benefit to insect resistance management 

that the material being tested under this 

EUP is intended to bring. 

Authority: 7 U.S.C. 136c. 

List of Subjects 

Environmental protection, 

Experimental use permits. 

Dated: January 12, 2007. 

Janet L. Andersen, 

Director, Biopesticides and Pollution 

Prevention Division, Office of Pesticide 

Programs. 

[FR Doc. E7–988 Filed 1–23–07; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–8271–9; Docket ID No. EPA–HQ–ORD–

2006–0868] 

Metabolically-Derived Human 

Ventilation Rates: A Revised Approach 

Based Upon Oxygen Consumption 

Rates 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice of public comment 

period. 

SUMMARY: EPA is announcing a 30-day 

public comment period for the draft 

document titled, ‘‘Metabolically-Derived 

Human Ventilation Rates: A Revised 

Approach Based Upon Oxygen 

Consumption Rates’’ (EPA/600/R–06/ 

129A). The document was prepared by 

the National Center for Environmental 

Assessment (NCEA) within EPA’s Office 

of Research and Development (ORD). 

In 1997, NCEA published the 

Exposure Factors Handbook. This 

comprehensive document provides 

summaries of available statistical data 

on various factors that can impact an 

individual’s exposure to environmental 

contaminants. NCEA maintains the 

Exposure Factors Handbook and 

periodically updates the document 

using current literature and other 

reliable data made available through 

research. Many program offices within 

EPA rely on the data from this 

handbook to conduct their exposure and 

risk assessments. 

One important determinant of a 

person’s exposure to contaminants in air 

is the ventilation rate, or the volume of 

air that is inhaled by an individual in 

a specified time period. Ventilation 

rates, also known as breathing or 

inhalation rates, are given in Chapter 5 

of the Exposure Factors Handbook. 

Calculations of the currently 

recommended ventilation rates were 

limited by their dependence on a 

‘‘ventilatory equivalent,’’ which relied 

on a person’s fitness level. This draft 

report, ‘‘Metabolically-Derived Human 

Ventilation Rates: A Revised Approach 

Based Upon Oxygen Consumption 

Rates,’’ presents a revised approach that 

calculates ventilation rates directly from 

an individual’s oxygen consumption 

rate, and applies this method to data 

provided from more recent sources, 

such as the 1999–2002 National Health 

and Nutrition Examination Survey 

(NHANES) and EPA’s Consolidated 

Human Activity Database (CHAD). In 

the next edition of the Exposure Factors 

Handbook, NCEA would like to update 

the ventilation rate values using this 

revised approach and the more recently 

released data. 

EPA is releasing the draft, 

‘‘Metabolically-Derived Human 

Ventilation Rates: A Revised Approach 

Based Upon Oxygen Consumption 

Rates,’’ solely for the purpose of predissemination peer review under 

applicable information quality 

guidelines. This document has not been 

formally disseminated by EPA. It does 

not represent and should not be 

construed to represent any Agency 

policy or determination. EPA will 

consider any public comments 

submitted in accordance with this 

notice when revising the document. 

DATES: The 30-day public comment 

period begins January 24, 2007, and 

ends February 23, 2007. Technical 

comments should be in writing and 

must be received by EPA by February 

23, 2007. In a subsequent Federal 

Register notice EPA will announce the 

details of an external peer review 

meeting that will be conducted via 

teleconference. 

ADDRESSES: The draft, ‘‘MetabolicallyDerived Human Ventilation Rates: A 

Revised Approach Based Upon Oxygen 

Consumption Rates,’’ is available 

primarily via the Internet on the 

National Center for Environmental 

Assessment’s home page under the 

Recent Additions and the Data and 

Publications menus at http:// 

www.epa.gov/ncea. A limited number of 

paper copies are available from the 

Technical Information Staff, NCEA–W; 

telephone: 202–564–3261; facsimile: 

202–565–0050. If you are requesting a 

paper copy, please provide your name, 

your mailing address, and the document 

title, ‘‘Metabolically-Derived Human 

Ventilation Rates: A Revised Approach 

Based Upon Oxygen Consumption 

Rates’’ (EPA/600/R–06/129A). 

Comments may be submitted 

electronically via www.regulations.gov, 

by mail, by facsimile, or by hand 

delivery/courier. Please follow the 

detailed instructions provided in the 

SUPPLEMENTARY INFORMATION section of 

this notice. 

FOR FURTHER INFORMATION CONTACT: For 

information on the public comment 

period, contact the Office of 

Environmental Information Docket; 

telephone: 202–566–1752; facsimile: 

202–566–1753; or e-mail: 

ORD.Docket@epa.gov. 

For technical information, contact 

Laurie Schuda, NCEA; telephone: 202–

564–3206; facsimile: 202–564–2018; or 

e-mail: schuda.laurie@epa.gov. 

SUPPLEMENTARY INFORMATION: 

How To Submit Technical Comments to 

the Docket at www.regulations.gov 

Submit your comments, identified by 

Docket ID No. EPA–HQ–ORD 2006–

0868 by one of the following methods: 

• www.regulations.gov: Follow the 

on-line instructions for submitting 

comments. 

• E-mail: ORD.Docket@epa.gov. 

• Fax: 202–566–1753. 

• Mail: Office of Environmental 

Information (OEI) Docket (Mail Code: 

2822T), U.S. Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460. The phone 

number is 202–566–1752. 

• Hand Delivery: The OEI Docket is 

located in the EPA Headquarters Docket 

Center, Room 3334, EPA West Building, 

1301 Constitution Ave., NW., 

Washington, DC. The EPA Docket 

Center Public Reading Room is open 

from 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is 202–566–1744. 

Such deliveries are only accepted 

during the docket’s normal hours of 

operation, and special arrangements 

should be made for deliveries of boxed 

information. 

If you provide comments by mail or 

hand delivery, please submit one 

unbound original with pages numbered 

consecutively, and three copies of the 

comments. For attachments, provide an 


pwalker on PROD1PC71 with NOTICES