Federal Register / Vol. 76, No. 17 / Wednesday, January 26, 2011 / Notices 4683 

survey plan must be approved by EPA 

prior to conducting the survey plan. 

(d) Any other reasonable measures 

EPA determines are appropriate. 

(5) Failure to fully implement any 

condition of this partial waiver means 

the fuel or fuel additive introduced into 

commerce is not covered by this partial 

wavier. 

These conditions are the same as 

those provided in the October partial 

waiver for MY2007 and newer lightduty motor vehicles. They have been 

modified here only to reflect the 

combined model years covering 

MY2001 and newer. 

This partial waiver decision is final 

agency action of national applicability 

for purposes of section 307(b)(1) of the 

Act. Pursuant to CAA section 307(b)(1), 

judicial review of this final agency 

action may be sought only in the United 

States Court of Appeals for the District 

of Columbia Circuit. Petitions for review 

must be filed by March 28, 2011. 

Judicial review of this final agency 

action may not be obtained in 

subsequent proceedings, pursuant to 

CAA section 307(b)(2). This action is 

not a rulemaking and is not subject to 

the various statutory and other 

provisions applicable to a rulemaking. 

Dated: January 21, 2011. 

Lisa P. Jackson, 

Administrator. 

[FR Doc. 2011–1646 Filed 1–25–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2010–0988; FRL–8856–2] 

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 29964–EUP– 

RR from Pioneer Hi-Bred International, 

Inc. requesting an experimental use 

permit (EUP) for combined and single 

trait corn containing one or more of the 

following plant-incorporated protectants 

(PIPs): (1) [Bt11] Bacillus thuringiensis 

Cry1Ab delta-endotoxin and the genetic 

material (via elements of vector 

pZO1502) necessary for its production 

in corn (SYN–BT;11–1), (2) [DAS– 

59122–7] Bacillus thuringiensis 

Cry34Ab1 and Cry35Ab1 proteins and 

the genetic material necessary for their 

production (PHP17662 T–DNA) in event 

DAS59122–7 corn (Organisation for 

Economic Co-operation and 

Development (OECD) Unique Identifier: 

DAS–59122–7), (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), (5) [TC1507] Bacillus 

thuringiensis Cry1F protein and the 

genetic material (plasmid insert 

PHI8999A) necessary for its production 

in corn event DAS–;15;7–1, and (6) 

[MON810] Bacillus thuringiensis 

Cry1Ab delta-endotoxin and the genetic 

material necessary for its production 

(Vestor PV–ZMCT01) in event MON 810 

corn (OECD Unique Identifier: MON– 

;;81;–6). The focus of the EUP are the 

three breeding stacks: (1) MIR604 × 1507 

× 59122 × MON 810, (2) MIR604 × 

59122 × MON810, and (3) MIR604 × 

1507. 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 February 25, 2011. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2010–0988, 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–2010– 

0988. 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 regulations.gov Web site 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: 

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 

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4684 Federal Register / Vol. 76, No. 17 / Wednesday, January 26, 2011 / Notices 

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. 

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: Pioneer Hi-Bred 

International, Inc., (29964–EUP–RR). 

Pesticide Chemicals: (1) [TC1507] 

Bacillus thuringiensis Cry1F protein and 

the genetic material (plasmid insert 

PHI8999A) necessary for its production 

in corn event DAS–;15;7–1, (2) [DAS– 

59122–7] Bacillus thuringiensis 

Cry34Ab1 and Cry35Ab1 proteins and 

the genetic material necessary for their 

production (PHP17662 T–DNA) in event 

DAS59122–7 corn (OECD Unique 

Identifier: DAS–59122–7), (3) [MON810] 

Bacillus thuringiensis Cry1Ab deltaendotoxin and the genetic material 

necessary for its production (Vestor PV– 

ZMCT01) in event MON 810 corn 

(OECD Unique Identifier: MON– 

;;81;–6)], and (4) [MIR604] Modified 

Cry3A protein and the genetic material 

necessary for its production (via 

elements of pZM26) in corn (SYN– 

IR604–8). 

Summary of Request: This application 

is for use on 3,336 acres between 

February 2011 and June 2012. Two 

protocols will be conducted, including: 

Insect resistance management and 

efficacy/expression. States and 

Commonwealth involved include: 

Arkansas, California, Colorado, Georgia, 

Hawaii, Illinois, Indiana, Iowa, Kansas, 

Louisiana, Michigan, Minnesota, 

Mississippi, Missouri, Nebraska, New 

York, North Carolina, Ohio, Oklahoma, 

Oregon, Pennsylvania, Puerto Rico, 

South Dakota, Tennessee, 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. 

List of Subjects 

Environmental protection, 

Experimental use permits. 

Dated: January 12, 2011. 

Keith A. Matthews, 

Acting Director, Biopesticides and Pollution 

Prevention Division, Office of Pesticide 

Programs. 

[FR Doc. 2011–1473 Filed 1–25–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2010–0830; FRL–8854–2] 

Pesticides; Science Policies; Notice of 

Withdrawal and Notice of Availability 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: EPA announces the 

withdrawal of two pesticide science 

policy documents that are no longer in 

use, entitled: ‘‘The Incorporation of 

Water Treatment Effects on Pesticide 

Removal and Transformations in Food 

Quality Protection Act (FQPA) Drinking 

Water Assessments,’’ dated October 25, 

2001, and ‘‘Drinking Water Screening 

Level Assessments,’’ dated September 1, 

2000. EPA also announces the 

availability of two updated pesticide 

science policy documents, entitled: 

‘‘The Development and Use of the Index 

Reservoir in Drinking Water Exposure 

Assessments,’’ dated April 15, 2010, and 

‘‘Guidance on Development and Use of 

Percent Cropped Area Adjustment,’’ 

dated September 9, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Marietta Echeverria, Environmental Fate 

and Effects Division (7507P), Office of 

Pesticide Programs, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460– 

0001; telephone number: (703) 305– 

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