47662 Federal Register / Vol. 62, No. 175 / Wednesday, September 10, 1997 / Notices

Procedure, 18 CFR 385.210, .211, .214.

In determining the appropriate action to

take, the Commission will consider all

protests or other comments filed, but

only those who file a motion to

intervene in accordance with the

Commission’s Rules may become a

party to the proceeding. Any comments,

protests, or motions to intervene must

be received on or before the specified

comment date for the particular

application.

C1. Filing and Service of Responsive

Documents—Any filings must bear in

all capital letters the title

‘‘COMMENTS’’,

‘‘RECOMMENDATIONS FOR TERMS

AND CONDITIONS’’, ‘‘PROTEST’’, or

‘‘MOTION TO INTERVENE’’, as

applicable, and the Project Number of

the particular application to which the

filing refers. Any of the above-named

documents must be filed by providing

the original and the number of copies

provided by the Commission’s

regulations to: The Secretary, Federal

Energy Regulatory Commission, 888

First Street, N.E., Washington, D.C.

20426. A copy of any motion to

intervene must also be served upon each

representative of the Applicant

specified in the particular application.

D2. Agency Comments—Federal,

state, and local agencies are invited to

file comments on the described

application. A copy of the application

may be obtained by agencies directly

from the Applicant. If an agency does

not file comments within the time

specified for filing comments, it will be

presumed to have no comments. One

copy of an agency’s comments must also

be sent to the Applicant’s

representatives.

Lois D. Cashell,

Secretary.

[FR Doc. 97–23910 Filed 9–9–97; 8:45 am]

BILLING CODE 6717–01–M

ENVIRONMENTAL PROTECTION

AGENCY

[OPP–30415A; FRL–5726–7]

Dekalb Genetics Corporation;

Approval of a Pesticide Product

Conditional Registration

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice.

SUMMARY: This notice announces

Agency approval of an application to

conditionally register the product

DEKALBt, containing a plant pesticide

active ingredient not included in any

previously registered product pursuant

to the provisions of section 3(c)(7)(C) of

the Federal Insecticide, Fungicide, and

Rodenticide Act (FIFRA), as amended.

FOR FURTHER INFORMATION CONTACT: By

mail: Michael Mendelsohn, Regulatory

Action Leader, Biopesticides and

Pollution Prevention Division (7501W),

Office of Pesticide Programs, 401 M St.,

SW., Washington, DC 20460. Office

location and telephone number:

Westfield Building North Tower, CS #1,

Environmental Protection Agency, 2800

Crystal Drive, Arlington, VA 22202,

703–308–8715; e-mail:

mendelsohn.mike@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: 

Electronic Availability: Electronic

copies of this document and the Fact

Sheet are available from the EPA home

page at the Environmental Sub-Set entry

for this document under ‘‘Regulations’’

(http://www.epa.gov/fedrgstr/).

EPA issued a notice, published in the

Federal Register of July 31, 1996 (61 FR

39959; FRL–5379–9), which announced

that Dekalb Genetics Corporation, 3100

Sycamore Road, DeKalb, IL 60115-9600,

had submitted an application to register

the product Corn Borer-Resistant Corn

Containing Insecticidal Bt Protein II

(EPA File Symbol 69575–E), containing

the plant pesticide active ingredient

Bacillus thuringiensis subspecies

kurstaki CryIA(c) delta-endotoxin and

the genetic material necessary for its

production in corn at 100 percent, an

active ingredient not included in any

previously registered product. 

The application was approved on

March 25, 1997, as DEKALBt (formerly

Corn Borer-Resistant Corn Containing

Insecticidal Bt Protein II); the corn seed

containing this plant pesticide is for use

on field corn only (EPA Registration

Number 69575–2). The chemical was

amended to read ‘‘Bacillus thuringiensis

CryIA(c) delta-endotoxin and the

genetic material necessary for its

production in corn.’’

A conditional registration may be

granted under section 3(c)(7)(C) of

FIFRA for a new active ingredient where

certain data are lacking, on condition

that such data are received by the end

of the conditional registration period

and do not meet or exceed the risk

criteria set forth in 40 CFR 154.7; that

use of the pesticide during the

conditional registration period will not

cause unreasonable adverse effects; and

that use of the pesticide is in the public

interest.

The Agency has considered the

available data on the risks associated

with the proposed use of Bacillus

thuringiensis CryIA(c) delta-endotoxin

and the genetic material necessary for

its production in corn, and information

on social, economic, and environmental

benefits to be derived from such use.

Specifically, the Agency has considered

the nature 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

Bacillus thuringiensis CryIA(c) deltaendotoxin and the genetic material

necessary for its production in corn

during the period of conditional

registration will not cause any

unreasonable adverse effect on the

environment, and that use of the

pesticide is in the public interest.

This product is conditionally

registered in accordance with FIFRA

section 3(c)(7)(C). Dekalb must submit

all data required for registration for this

product. If the conditions are not

complied with the registration will be

subject to cancellation in accordance

with FIFRA section 6(e). This

registration will automatically expire on

April 1, 2001.

Consistent with section 3(c)(7)(C), the

Agency has determined that this

conditional registration is in the public

interest. Use of the pesticides are of

significance to the user community, and

appropriate labeling, use directions, and

other measures have been taken to

ensure that use of the pesticides will not

result in unreasonable adverse effects to

man and the environment.

More detailed information on this

conditional registration is contained in

an EPA Pesticide Fact Sheet on Bacillus

thuringiensis CryIA(c) delta-endotoxin

and the genetic material necessary for

its production in corn.

A copy of the fact sheet, which

provides a summary description of the

chemical, use patterns and

formulations, science findings, and the

Agency’s regulatory position and

rationale, may be obtained from the

National Technical Information Service

(NTIS), 5285 Port Royal Road,

Springfield, VA 22161.

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 available for public

inspection in the Public Information

and Records Integrity Branch,

Information Resources and Services

Division (7506C), Office of Pesticide

Programs, Environmental Protection

Agency, Rm. 1132, CM #2, Arlington,

VA 22202 (703–305–5805). Requests for

data must be made in accordance with

the provisions of the Freedom of

Information Act and must be addressed
Federal Register / Vol. 62, No. 175 / Wednesday, September 10, 1997 / Notices 47663

to the Freedom of Information Office (A101), 401 M St., SW., Washington, D.C.

20460. Such requests should: (1)

Identify the product name and

registration number and (2) specify the

data or information desired.

Authority: 7 U.S.C. 136.

List of Subjects

Environmental protection, Pesticides

and pests, Product registration.

Dated: August 26, 1997.

Janet L. Andersen,

Director, Biopesticides and Pollution

Prevention Division, Office of Pesticide

Programs.

[FR Doc. 97–23687 Filed 9–9–97; 8:45 am]

BILLING CODE 6560–50–F 

ENVIRONMENTAL PROTECTION

AGENCY

[OPP–30439; FRL–5740–5]

Certain Companies; Applications to

Register Pesticide Products

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice.

SUMMARY: This notice announces receipt

of applications to register a pesticide

product containing a new active

ingredient not included in any

previously registered product and a

product involving a change use pattern

pursuant to the provisions of section

3(c)(4) of the Federal Insecticide,

Fungicide, and Rodenticide Act

(FIFRA), as amended.

DATES: Written comments must be

submitted by October 10, 1997.

ADDRESSES: By mail, submit written

comments identified by the document

control number [OPP–30439] and the

file symbols to: Public Information and

Records Integrity Branch (7506C),

Information Resources and Services

Division, Office of Pesticide Programs,

Environmental Protection Agency, 401

M St., S.W., Washington, D.C. 20460. In

person, bring comments to:

Environmental Protection Agency, Rm.

1132, CM #2, 1921 Jefferson Davis Hwy.,

Arlington, VA.

Comments and data may also be

submitted electronically by following

the instructions under

‘‘SUPPLEMENTARY INFORMATION.’’

No Confidential Business Information

(CBI) should be submitted through email.

Information submitted as a comment

concerning this notice may be claimed

confidential by marking any part or all

of that information as ‘‘Confidential

Business Information’’ (CBI).

Information so marked will not be

disclosed except in accordance with

procedures set forth in 40 CFR part 2.

A copy of the comment that does not

contain CBI must be submitted for

inclusion in the public record.

Information not marked confidential

may be disclosed publicly by EPA

without prior notice. All written

comments will be available for public

inspection in Rm. 1132 at the address

given above, from 8:30 a.m. to 4 p.m.,

Monday through Friday, excluding

holidays.

FOR FURTHER INFORMATION CONTACT: The

Regulatory Action Leader listed in the

table below:

Regulatory Action Leader Office location/telephone number Address

Michael Mendelsohn ................ 5th floor, CS #1, 703–308–8715, e-mail: mendelsohn.mike@epamail.epa.gov. 2800 Crystal Drive, Arlington,

VA

Sheila Moats, ........................... Rm. 5-W39, CS #1, 703–308–1259, e-mail: moats.sheila@epamail.epa.gov. -DoSUPPLEMENTARY INFORMATION: EPA

received applications as follows to

register a pesticide product containing

an active ingredient not included in any

previously registered product and a

product involving a change use pattern

pursuant to the provision of section

3(c)(4) of FIFRA. Notice of receipt of

these applications does not imply a

decision by the Agency on the

applications.

I. Product Containing a New Active

Ingredient Not Previously Registered

File Symbol: 70759–R. Applicant: EM

Industries Inc./Rona, 7 Skyline Drive,

Hawthorne, NY 10532. Product Name:

Insect Repellent 3535. Biochemical.

Active ingredient: 3-[N-Butyl-N-acetyl]-

aminopropionic acid, ethyl ester at 98

percent. Proposed classification/Use:

None. For use only in the formulation

of insect repellent products against

mosquitoes, deer ticks, body lice, and

biting flies. (Sheila Moats)

II. Product Involving a Change Use

Pattern

File Symbol: 65268–R. Applicant:

Rogers Seed Company, 600 N.

Armstrong Place, Boise, ID 83704.

Product Name: Attribute Insect

Protected Sweet Corn. Active

ingredient: Bacillus thuringiensis

CryIA(b) delta-endotoxin and the

genetic material (plasmid vector

pZO1502) necessary for its production

in corn at 0.0002-0.0006 percent.

Proposed classification/Use: None. To

include in its presently registered field

corn use, a new use of the Bt protein

plant pesticide active ingredient for the

control of the European Corn Borer and

Corn Earworm in sweet corn. (Mike

Mendelsohn)

Notice of approval or denial of an

application to register a pesticide

product will be announced in the

Federal Register. The procedure for

requesting data will be given in the

Federal Register if an application is

approved.

Comments received within the

specified time period will be considered

before a final decision is made;

comments received after the time

specified will be considered only to the

extent possible without delaying

processing of the application.

The official record for this notice, as

well as the public version, has been

established for this notice under docket

number [OPP–30439] (including

comments and data submitted

electronically as described below). A

public version of this record, including

printed, paper versions of electronic

comments, which does not include any

information claimed as CBI, is available

for inspection from 8:30 a.m. to 4 p.m.,

Monday through Friday, excluding legal

holidays. The official notice record is

located at the address in ‘‘ADDRESSES’’

at the beginning of this document.

Electronic comments can be sent

directly to EPA at:

opp-docket@epamail.epa.gov

Electronic comments must be

submitted as an ASCII file avoiding the

use of special characters and any form

of encryption. Comment and data will

also be accepted on disks in

Wordperfect 5.1 file format or ASCII file

format. All comments and data in

electronic form must be identified by

the docket number [OPP–30439].

Electronic comments on this notice may

be filed online at many Federal

Depository Libraries.

Written comments filed pursuant to

this notice, will be available in the