Federal Register / Vol. 70, No. 177 / Wednesday, September 14, 2005 / Notices 54379 

ornamental herbaceous plants, 

ornamental non-flowering plants, 

ornamental woody shrubs and vines, 

pine, and tobacco. Carbofuran is applied 

by aircraft or ground equipment by 

methods that include broadcast, banded, 

in furrow, and drip irrigation. An 

estimated 1.5 million pounds of 

carbofuran are used annually. 

EPA is providing an opportunity, 

through this notice, for interested 

parties to provide comments and input 

on the Agency’s risk assessment for 

carbofuran. Such comments and input 

could address, for example, the 

availability of additional data to further 

refine the risk assessments, such as data 

pertaining to dietary, drinking water or 

worker exposure, or could address the 

Agency’s risk assessment methodologies 

and assumptions as applied to this 

specific pesticide. 

EPA seeks to achieve environmental 

justice, the fair treatment and 

meaningful involvement of all people, 

regardless of race, color, national origin, 

or income, 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, unusually high exposure to 

carbofuran, compared to the general 

population. 

EPA is applying the principles of 

public participation to all pesticides 

undergoing reregistration and tolerance 

reassessment. The Agency’s Pesticide 

Tolerance Reassessment and 

Reregistration; Public Participation 

Process, published in the Federal 

Register on May 14, 2004 (69 FR 26819) 

(FRL–7357–9), explains that in 

conducting these programs, EPA is 

tailoring its public participation process 

to be commensurate with the level of 

risk, extent of use, complexity of issues, 

and degree of public concern associated 

with each pesticide. EPA plans to 

review carbofuran through the full 6–

Phase public participation process. 

However, if as a result of comments 

received during the current Phase 3 

public comment period the Agency 

finds that issues can be resolved 

without a second comment period in 

Phase 5, EPA may proceed directly to 

the end of the process and develop a 

risk management decision. 

Comments should be limited to issues 

raised within the risk assessment(s) and 

associated documents. Failure to 

comment on any such issues as part of 

this opportunity will not limit a 

commenter’s opportunity to participate 

in any later notice and comment 

processes on this matter. All comments 

should be submitted using the methods 

in Unit I. of the SUPPLEMENTARY

INFORMATION, and must be received by 

EPA on or before the closing date. 

Comments will become part of the 

Agency Docket for carbofuran. 

Comments received after the close of the 

comment period will be marked ‘‘late.’’

EPA is not required to consider these 

late comments. 

B. What is the Agency’s Authority for 

Taking this Action? 

Section 4(g)(2) of FIFRA as amended 

directs that, after submission of all data 

concerning a pesticide active ingredient, 

‘‘the Administrator shall determine 

whether pesticides containing such 

active ingredient are eligible for 

reregistration,’’ before calling in 

product-specific data on individual enduse products and either reregistering 

products or taking other ‘‘appropriate 

regulatory action.’’

Section 408(q) of the FFDCA, 21 

U.S.C. 346a(q), requires EPA to review 

tolerances and exemptions for pesticide 

residues in effect as of August 2, 1996, 

to determine whether the tolerance or 

exemption meets the requirements of 

section 408(b)(2) or (c)(2) of FFDCA. 

This review is to be completed by 

August 3, 2006. 

List of Subjects 

Environmental protection, Pesticides 

and pests. 

Dated: September 1, 2005 

Debra Edwards, 

Director, Special Review and Reregistration 

Division, Office of Pesticide Programs. 

[FR Doc. 05–18242 Filed 9–13–05; 8:45 am] 

BILLING CODE 6560–-50–-S 

ENVIRONMENTAL PROTECTION 

AGENCY 

[OPP–2005–0199; FRL–7724–4] 

Pesticide Product; Registration 

Approval 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: This notice announces 

Agency approval of an application to 

register the pesticide product, Mycogen 

Brand B.t. moCry1F Insect Resistant 

Corn Seed and Florbac Slurry 

containing active ingredients not 

included in any previously registered 

product pursuant to the provisions of 

section 3(c)7 and 3(c)5 respectively of 

the Federal Insecticide, Fungicide, and 

Rodenticide Act (FIFRA), as amended. 

FOR FURTHER INFORMATION CONTACT: The 

Regulatory Action Leader listed in the 

table in this unit: 

File Symbol Regulatory Action Leader Mailing Address Telephone Number/E-mail Address 

68467–4 Sharlene R. Matten Biopesticides and Pollution Prevention 

Division (7511C), Office of Pesticides, 

Environmental Protection Agency, 

1200 Pennsylvania Ave., NW., Washington, DC 20460–0001 

(703) 605–0514 

matten.sharlene@epa.gov 

73049–68 Alan H. Reynolds Do. (703) 605–0515 

reynolds.alan@epa.gov 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Action Apply to Me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. Potentially 

affected entities may include, but are 

not limited to: 

• Crop production (NAICS code 111) 

• Animal production (NAICS code 

112) 

• Food manufacturing (NAICS code 

311) 

• Pesticide manufacturing (NAICS 

code 32532) 

This listing is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

54380 Federal Register / Vol. 70, No. 177 / Wednesday, September 14, 2005 / Notices 

assist you and others in determining 

whether this action might apply to 

certain entities. If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

the persons listed under FOR FURTHER

INFORMATION CONTACT. 

B. How Can I Get Copies of this 

Document and Other Related 

Information? 

1. Docket. EPA has established an 

official public docket for this action 

under docket identification (ID) number 

OPP–2005–0199. The official public 

docket consists of the documents 

specifically referenced in this action, 

any public comments received, and 

other information related to this action. 

Although a part of the official docket, 

the public docket does not include 

Confidential Business Information (CBI) 

or other information whose disclosure is 

restricted by statute. The official public 

docket is the collection of materials that 

is available for public viewing at the 

Public Information and Records 

Integrity Branch (PIRIB), Rm. 119, 

Crystal Mall #2, 1801 S. Bell St., 

Arlington, VA. This docket facility is 

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

through Friday, excluding legal 

holidays. The docket telephone number 

is (703) 305–5805. 

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 also available for public 

inspection. Requests for data must be 

made in accordance with the provisions 

of the Freedom of Information Act and 

must be addressed to the Freedom of 

Information Office (A-101), 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001. The request should: 

Identify the product name and 

registration number and specify the data 

or information desired. 

A paper copy of the fact sheet, which 

provides more detail on this 

registration, may be obtained from the 

National Technical Information Service 

(NTIS), 5285 Port Royal Rd., 

Springfield, VA 22161. 

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/. 

An electronic version of the public 

docket is available through EPA’s 

electronic public docket and comment 

system, EPA Dockets. You may use EPA 

Dockets at http://www.epa.gov/edocket/ 

to submit or view public comments, 

access the index listing of the contents 

of the official public docket, and to 

access those documents in the public 

docket that are available electronically. 

Although not all docket materials may 

be available electronically, you may still 

access any of the publicly available 

docket materials through the docket 

facility identified in Unit I.B.1. Once in 

the system, select ‘‘search,’’ then key in 

the appropriate docket ID number. 

II. Did EPA Approve the Application? 

The Agency approved the application 

after considering all required data on 

risks associated with the proposed uses 

of Bacillus thuringiensis var. aizawai 

strain PS811 Cry1F insecticidal crystal 

protein and the genetic material 

necessary for its production (plasmid 

insert PHP12537) in Event DAS-06275–

8 corn, and Bacillus thuringiensis var. 

aizawai strain NB 200, and information 

on social, economic, and environmental 

benefits to be derived from using them. 

Specifically, the Agency has considered 

the nature of the chemicals and their 

patterns 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 uses of Bacillus 

thuringiensis var. aizawai strain PS811 

Cry1F insecticidal crystal protein and 

the genetic material necessary for its 

production (plasmid insert PHP12537) 

in Event DAS-06275–8 corn, and 

Bacillus thuringiensis var. aizawai 

strain NB 200 when used in accordance 

with widespread and commonly 

recognized practice, will not generally 

cause unreasonable adverse effects on 

the environment. 

III. Approved Application 

1. EPA issued a notice, published in 

the Federal Register of September 1, 

2004 (69 FR 53432) (FRL–7370–3), 

which announced that Mycogen Seeds, 

c/o Dow AgroSciences LLC, 9330 

Zionsville Road, Indianapolis, IN 46268, 

had submitted an application to register 

the pesticide product, Mycogen Brand 

B.t. moCry1F Insect Resistant Corn Seed 

(EPA File Symbol 68467-U), a plantincorporated protectant, containing 

Bacillus thuringiensis var. aizawai 

strain PS811 Cry1F insecticidal crystal 

protein and the genetic material 

necessary for its production (plasmid 

insert PHP12537) in Event DAS-06275–

8. This product was not previously 

registered. 

The Agency received one public 

comment in response to the September 

1, 2004 notice. A private citizen 

objected to the registration of Bacillus 

thuringiensis moCry1F protein and the 

genetic material for its production 

(plasmid insert PHP 12537) in Event 

DAS-06275-8 corn, based on 

unspecified environmental and human 

health effects associated with 

genetically modified crops. The Agency 

understands the commenter’s concerns. 

Pursuant to its authority under the 

Federal Insecticide, Fungicide, and 

Rodenticide Act, EPA conducted an 

assessment of this plant-incorporated 

protectant and concluded that it will 

pose no unreasonable adverse effects to 

human health or the environment. 

This application was approved on 

May 27, 2005, as Mycogen Brand B.t. 

moCry1F Insect Resistant Corn Seed 

(EPA Registration Number 68467–4) for 

control of black cutworm, corn 

earworm, European corn borer, fall 

armyworm, Southwestern corn borer, 

and Western bean cutworm. 

2. EPA issued a notice, published in 

the Federal Register of September 19, 

2001 (66 FR 48256) (FRL–6794–5), 

which announced that Valent 

Biosciences Corporation, 870 

Technology Way, Libertyville, IL 60048, 

had submitted an application to register 

the pesticide product, Florbac Slurry, a 

microbial insecticide (EPA File Symbol 

73049–AI), containing Bacillus 

thuringiensis var. aizawai strain NB 200. 

This product was not previously 

registered. 

This application was approved on 

June 10, 2005, as Florbac Slurry (EPA 

Registration Number 73049–68) for 

manufacturing use. 

List of Subjects 

Environmental protection, Chemicals, 

Pesticides and pests. 

Dated: September 1, 2005. 

Phil Hutton, 

Acting Director, Biopesticides and Pollution 

Prevention Division, Office of Pesticide 

Programs. 

[FR Doc. 05–18243 Filed 9–13–05; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–7968–6] 

Omega Chemical Superfund Site; 

Notice of Proposed CERCLA 

Administrative De Minimis Settlement 

AGENCY: Environmental Protection 

Agency. 

ACTION: Notice; request for public 

comment. 

SUMMARY: In accordance with Section 

122(i) of the Comprehensive 

Environmental Response, 

Compensation, and Liability Act, as 

amended (CERCLA), 42 U.S.C. 9622(i),