Federal Register / Vol. 60, No. 31 / Wednesday, February 15, 1995 / Notices 8657

TABLE 1.—REGISTRATIONS WITH REQUESTS FOR AMENDMENTS TO DELETE USES IN CERTAIN PESTICIDE REGISTRATIONS

EPA Reg No. Product Name Active Ingredient Delete From Label

000769–00633 SMCP Ethion EM-4 Ethion Peaches, peanuts, strawberries, turf, beans, cucumbers, summer squash,

eggplant, melons, ornamentals, lawns, peppers, pimentos, tomatoes,

bermuda grass

000769–00658 X-Cel Citrus & Ornamental

Spray

Ethion Peaches, ornamentals

008536–00002 Chloropicrin 100 Aquatic crops, forestry uses

033657–00001 Chloropicrin Wood poles, pilings, garbage dumps, rodent burrows

034704–00119 Clean Crop 8EC Insecticide Malathion Asparagus, carrots, soil application for strawberries

058266–00002 Tri-Clor Fumigant Chloropicrin Aquatic crops, forestry uses

The following Table 2 includes the names and addresses of record for all registrants of the products in Table

1, in sequence by EPA company number.

TABLE 2.—REGISTRANTS REQUESTING AMENDMENTS TO DELETE USES IN CERTAIN PESTICIDE REGISTRATIONS

Company No. Company Name and Address

000769 SureCo, Inc., P.O. Box 938, Fort Valley, GA 31030.

008536 Soil Chemicals Corp., P.O. Box 782, Hollister CA 95024.

033657 Mitsui Toatsu Chemicals, Inc., 140 East 45th Street, New York, NY 10017.

034704 Platte Chemical Co., P.O. Box 667, Greeley, Co 80632.

058266 Shadow Mountain Products Corp., P.O. Box 1327, Hollister, CA 95024.

III. Existing Stocks Provisions

The Agency has authorized registrants

to sell or distribute product under the

previously approved labeling for a

period of 18 months after approval of

the revision, unless other restrictions

have been imposed, as in special review

actions.

List of Subjects

Environmental protection, Pesticides

and pests, Product registrations.

Dated: February 2, 1995.

Daniel M. Barolo,

Director, Office of Pesticide Programs.

[FR Doc. 95–3612 Filed 2–14–95; 8:45 am]

BILLING CODE 6560–50–F

[OPP–30108; FRL–4937–5]

Notice of Limited Plant Propagation

Registration for a Plant-Pesticide

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice.

SUMMARY: EPA is proposing to issue a

limited plant propagation registration

under section 3(c)(5) of the Federal

Insecticide, Fungicide, and Rodenticide

Act (FIFRA) to Monsanto Company for

the Bacillus thuringiensis var. kurstaki

(B.t.k.) delta endotoxin produced in

cotton for the purpose of increasing

reproductive plant materials (plant

propagation/seed production). This

limited plant propagation registration

will be restricted as to the duration of

the registration, time and acreage of

cotton planted, containment of field

plots, and the subsequent harvesting

and processing of the resulting crop.

DATES: Comments identified by the

docket control number [OPP–30108]

must be received on or before March 17,

1995.

ADDRESSES: By mail: Submit written

comments identified by the document

control number [OPP–30108] to: Public

Response and Program Resources

Branch, Field Operations Division

(7506C), Office of Pesticide Programs,

Environmental Protection Agency, 401

M St., SW., Washington, DC 20460,

Attention: Phil Hutton. In person bring

comments to: Rm. 1132, CM #2, 1921

Jefferson Davis Highway, Arlington, VA,

(703) 305–5805.

Information submitted as a comment

concerning this notice may be claimed

confidential by marking any part or all

of the 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 at

the time of submission 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 a.m. to 4

p.m., Monday through Friday, excluding

holidays.

FOR FURTHER INFORMATION CONTACT: Phil

Hutton, Biopesticides and Pollution

Prevention Division (7501W), Office of

Pesticide Programs, Environmental

Protection Agency, 401 M St., SW.,

Washington, DC 20460. Telephone

number: (703) 308–8260.

SUPPLEMENTARY INFORMATION: EPA has

received several requests for

experimental use permits for plantpesticides which include acreage

dedicated solely to seed increase.

Because plant-pesticides are produced

in living plants, their commercial

development involves the propagation

and breeding of new varieties of the

crops producing the plant-pesticides.

This plant breeding process also

involves increases of plant reproductive

materials prior to commercialization.

The production of propagative plant

products (such as seeds, tubers, corms,

cuttings, etc.) is an integral step in the

development of new commercial plant

varieties. Because of the biology of

plants and general planting and

harvesting restrictions associated with

plant propagation, this step usually

takes an entire year in the product

development cycle. In the case of tree

crops, it may take much longer.
8658 Federal Register / Vol. 60, No. 31 / Wednesday, February 15, 1995 / Notices

EPA has considered procedural

options under FIFRA which would

allow plant-pesticides to be propagated

for the production of reproductive plant

materials under limited acreage and

conditions in instances where the

Agency has determined that such plant

propagation will not result in

unreasonable adverse effects to humans

or the environment. EPA has

determined that a limited registration

under section 3(c)(5) is an appropriate

regulatory vehicle for pesticides

produced in plants grown for the

purposes of plant propagation/seed

increase. A limited registration will

stipulate the conditions under which

the plantings could occur and may

include such restrictions as the acreage

to be planted, the design of the field

sites to ensure adequate containment,

the locations of the field sites, and any

other restrictions deemed necessary

including restrictions on the sale and

distribution of the crop. The Agency, in

making its finding of no unreasonable

adverse effects, will rely in part upon

the restrictions set in the limited

registration. The limited registration

will also stipulate that the company

acquiring the registration is liable for

the actions of its cooperators in terms of

meeting the conditions of the

registration. Companies that wish to

make applications for a limited

registration under FIFRA section 3(c)(5)

for the purposes of plant propagation/

seed production should be cognizant of

tolerance requirements under the

Federal Food, Drug, and Cosmetic Act

(FFDCA). Where food or feed crops are

involved, crop destruction or other

actions to prevent the introduction of

the resulting crop into commerce will be

a necessary condition of a limited

registration in the absence of a tolerance

or exemption from the requirement of a

tolerance. Moreover, seeds or other

plant parts may be restricted in their

sale or distribution.

Monsanto has requested a limited

registration for plant propagation and

has proposed certain conditions for the

registration. The Agency has evaluated

the information and data that have been

submitted by Monsanto concerning the

potential risks from planting cotton

producing Bacillus thuringiensis var.

kurstaki (B.t.k.) delta endotoxin for the

purpose of increasing propagative

materials. The information and data

evaluated by the Agency to date has led

EPA to preliminarily conclude that,

under the restrictions of the limited

registration, there are no foreseeable

unreasonable adverse effects to humans

or the environment.

Copies of information submitted to

the Agency in support of this

registration will be available from the

public docket. The release of data is

subject to section 10(g) of FIFRA;

disclosure requires submission of a

signed Affirmation of Non-multinational

Status form. To receive a copy of the

form contact the OPP docket staff at the

address or telephone number listed

under the ADDRESSES unit. Due to the

volume of data, callers will receive the

data on microfiche. A papercopy of the

data is available for viewing in the

docket.

Therefore, EPA is proposing to issue

the following limited registration:

524–UTI. Monsanto Company, 700

Chesterfield Parkway North, St. Louis,

MO 63198. The approved limited

registration for plant propagation would

allow the use of the Bacillus

thuringiensis var. kurstaki delta

endotoxin as produced by the Cry 1 A(c)

gene and its controlling sequences in

cotton plants over a total of 36,850

acres. Planting of the product would be

limited to the states of Arizona,

Arkansas, California, Mississippi, South

Carolina, and Texas and the territory of

Puerto Rico. The registration would be

limited to plantings from March 15,

1995 through December 15, 1995, and

would include associated agronomic

activities such as the harvesting and

processing of plant propagative

material. Sale or distribution of the crop

or plant propagative materials would be

prohibited. This registration would be

limited in that containment of the field

sites to prevent outcrossing to other

cotton would consist of the use of

isolation distances and/or buffer rows of

non-transgenic cotton. This registration

would be also be limited in that all

crops would either be destroyed or

stored for future plantings or research.

The field sites would be monitored for

12 months for germinating seed which

would be destroyed.

Interested parties should note that in

the Federal Register of January 25, 1995

(60 FR 4910), and February 8, 1995 (60

FR 7538), EPA announced a March 1,

1995 meeting of the Scientific Advisory

Panel for consideration of scientific

issues related to this registration.

List of Subjects

Environmental protection,

Biotechnology, Plant-pesticide,

Pesticides, Plants, Registration.

Dated: February 8, 1995.

Janet L. Andersen,

Acting Director, Biopesticides and Pollution

Prevention Division, Office of Pesticide

Programs.

[FR Doc. 95–3761 Filed 2–14–95; 8:45 am]

BILLING CODE 6560–50–F

[PP 4G44409 and 5G4448/T668; FRL 4935–

8]

Northrup King Co. and Ciba-Geigy

Corp.; Initial Filings of Exemptions

from the Requirement of Tolerances

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice.

SUMMARY: EPA has established

exemptions from the requirement of

tolerances for the delta endotoxin

protein produced in field corn by a

CryIA(b) gene from Bacillus

thuringiensis subsp. kurstaki HD-1 and

inserted in the plant expression vector

pZ01502 and for the plant pesticide

Bacillus-thuringiensis subsp. kurstaki

CryIA (b) insect control protein as

produced in corn plants and the genetic

material necessary for its production.

FOR FURTHER INFORMATION CONTACT: By

mail: Michael Mendelsohn,

Biopesticides and Pollution Prevention

Division (7501W), Office of Pesticide

Programs, Environmental Protection

Agency, 401 M St., SW., Washington,

DC 20460. Office location and telephone

number: Rm. Crystal Station, 5th Fl.,

2800 Crystal Drive, Arlington, VA

22202, (703) 308–8712; e-mail:

Mendelsohn.Mike@epamail.epa.gov.

SUPPLEMENTARY INFORMATION: EPA gives

notice that it has established

exemptions from the requirement of

tolerances relating to the initial filing of

tolerances in or on certain raw

agricultural commodities as follows:

Initial Filings

1. PP 4G4409. Northrup King Co.,

7500 Olson Memorial Highway, Golden

Valley, MN 55427, has requested in

pesticide petition (PP) 4G4409, the

establishment of an exemption from the

requirement of a tolerance for the delta

endotoxin protein produced in field

corn by a CryIA(b) gene from Bacillus

thuringiensis subsp. kurstaki HD-1 and

inserted in the plant expression vector

pZ01502.

2. PP 5G4448. Ciba-Geigy Corp., P.O.

Box 12257, Research Triangle Park, NC

27709-2257, has requested in pesticide

petition (PP) 5G4448, the establishment

of an exemption from the requirement of

a tolerance for the plant pesticide

Baccillus thuringiensis subsp. kurstaki

CryIA(b)) insect control protein as

produced in corn plants and the genetic

material necessary for its production.

These temporary exemptions from the

requirements of tolerances will permit

the marketing of the above raw

agricultural commodities when treated

in accordance with the provisions of

experimental use permits 67979–EUP–1