Federal Register / Vol. 60, No. 40 / Wednesday, March 1, 1995 / Notices 11093

progeny, and bananas. Based on

information received from the Puerto

Rico Department of Agriculture, EPA

acknowledges that Puerto Rico has an

existing special local need registration

for granular carbofuran use on bananas

and plantains. This minor use will now

be allowed in both Hawaii and Puerto

Rico, subject to the overall sales

limitations.

FMC must direct a minimum of 2,500

pounds/ai/year, out of the total 250,000

pounds, or more at their discretion, to

areas where the five minor use crops are

grown during the 1995 and 1996 use

seasons.

For 1997 and subsequent years, sales

by FMC will be limited to 2,500

pounds/ai/year for use only on the five

minor use sites.

For the purpose of this action, the

1995 ‘‘use season’’ begins September 1,

1994 and ends August 31, 1995.

Similarly, the 1996 use season begins

September 1, 1995 and ends August 31,

1996.

Existing stocks of the 1995 production

in the possession of dealers and growers

may be sold, distributed or used until

August 31, 1996. Existing stocks of 1996

production in the possession of dealers

and growers may be sold, distributed, or

used until August 31, 1997.

For each use season during which

FMC sells granular carbofuran for

domestic use, FMC must submit to EPA

a report by October 15 containing FMC’s

2G, 3G, 5G, 10G, and 15G carbofuran

production and sales totals for domestic

use for the immediately preceding use

season. FMC must also provide EPA

with batch and key numbers for

granular carbofuran products produced

for the 1995 and 1996 domestic use

season.

The production and sales limits in

this Notice do not include the 10CR

formulation of carbofuran, which FMC

markets only for use on canola under

FIFRA section 24(c) registrations.

The canola use differs somewhat from

other uses because of a lower

application rate (0.25 lbs/ai/acre). The

10 CR formulation differs from other

granular carbofuran formulations in the

use of a corn cob carrier rather than a

sand-core granule. The canola use was

not included in the Special Review; the

Agency is currently evaluating the risks

and benefits of this use.

VI. Procedural Matters

In order to effectuate the extension on

rice, FMC must submit applications for

amended registrations and revised

product labels. These amendments will

not be accepted by EPA until all the

limitations and conditions in this Notice

have been satisfied.

The settlement agreement concluding

the Special Review of granular

carbofuran in 1991 provided for one

opportunity for FMC Corp. to present

additional information related to the

risks and benefits of granular carbofuran

use on corn, sorghum and rice. EPA has

fulfilled that provision of the agreement.

EPA will not consider any additional

requests for extensions or reinstatement

of use on any site under the provisions

of the settlement agreement. By the

terms of the amended registration,

FMC’s registration for use of granular

carbofuran on rice will expire no later

than September 1, 1996, without order

or hearing.

In the settlement agreement with EPA,

FMC waived any right it may have to

challenge or appeal the Office Director’s

decision regarding the extension of use

of granular carbofuran to an

administrative law judge, the EPA

Administrator, or the courts. Nothing in

this Notice affects that waiver.

Any additional applications to amend

any granular carbofuran registration

which FMC may submit after the

publication date of this Notice may be

denied by EPA unless FMC has

submitted substantial new evidence

which materially changes the Agency’s

assessment of the risks and benefits of

the use of carbofuran and which was not

previously available to either EPA or

FMC. For the rice use, for example, the

new evidence would need to include, at

a minimum, site-specific, scientifically

sound, wildlife monitoring data, and a

quantitative assessment of the relative

effect on waterfowl and other wildlife of

carbofuran use versus clean farming.

Consistent with the applicable

provisions of FIFRA, EPA may consider,

on a case-by-case basis, requests for

emergency uses of granular carbofuran

under FIFRA section 18 and special

local needs registrations submitted by

states under FIFRA section 24(c).

All provisions of the 1991 settlement

agreement not specifically amended by

this Notice remain in effect.

VII. Public Record

The Office of Pesticide Programs’

public docket is located in room 1132,

Crystal Mall 2, 1921 Jefferson Davis

Highway, Arlington, Va. The carbofuran

docket and index are available for

inspection and copying from 8:00 a.m.

to 4:30 p.m., Monday through Friday,

except legal holidays.

The docket for carbofuran (OPP–

30000/48E) contains: the complete text

of all comments received in response to

59 FR 17530; a memorandum

summarizing the comments and

detailing EPA’s responses to them;

EPA’s assessment of the potential risk to

threatened and endangered species

associated with rice; and other

documents and correspondence related

to the granular carbofuran Special

Review and negotiated settlement

agreement.

List of Subjects

Environmental protection, pesticides

and pest.

Dated: February 22, 1995.

Daniel M. Barolo,

Director, Office of Pesticide Programs.

[FR Doc. 95–5020 Filed 2–28–95; 8:45 am]

BILLING CODE 6560–50–F

[OPP–00403; FRL–4939–1]

Pesticide Products Used to Disinsect

Aircraft; Notice of Availability of Draft

Policy and Request for Comments

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice.

SUMMARY: The Agency has received

information which raises questions

concerning the potential human health

risks associated with the use of

insecticide spray products in occupied

aircraft cabins. The United States has

not required the spraying of aircraft

since 1979 and the Agency believes that

this policy has not encouraged the

spread of any insectborne

communicable diseases. EPA is

soliciting comments on the Agency’s

draft Pesticide Regulation (PR) Notice

which proposes strict measures to

prevent human exposure to any

pesticide product (insecticide) used for

disinsecting aircraft. The proposed draft

PR Notice is entitled, ‘‘Pesticide

Products Used to Disinsect Aircraft.’’

Interested parties may request a copy of

the Agency’s proposed policy as set

forth in the ADDRESSES unit of this

notice.

DATES: Written comments, identified by

the docket number [OPP–00403], must

be received on or before April 17, 1995.

ADDRESSES: The draft PR Notice is

available from Rame′ Cromwell, By

mail: Registration Division (7505W),

Office of Pesticide Programs,

Environmental Protection Agency, 401

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

Office location and telephone number:

6th Floor, Westfield Building, 2800

Crystal Drive, Arlington, VA, (703) 308–

8377. Submit written comments to: By

mail: Public Docket and Freedom of

Information Section, Field Operations

Division (7506C), Office of Pesticide

Programs, Environmental Protection

Agency, 401 M St., SW., Washington,
11094 Federal Register / Vol. 60, No. 40 / Wednesday, March 1, 1995 / Notices

DC 20460. In person bring comments to:

Rm. 1128, CM #2, 1921 Jefferson Davis

Highway, Arlington, VA.

Information submitted and any

comment(s) 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(s) 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 to the submitter.

Information on the proposed text and

any written comments will be available

for public inspection in Rm. 1128 at the

Virginia address given above, from 8

a.m. to 4 p.m., Monday through Friday,

excluding legal holidays.

FOR FURTHER INFORMATION CONTACT: By

mail: Rame′ Cromwell (7505W),

Environmental Protection Agency, 401

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

Office location and telephone number:

6th Floor, Westfield Building, 2800

Crystal Drive, Arlington, VA, (703) 308–

8377.

SUPPLEMENTARY INFORMATION: The draft

PR Notice provides explicit label

statements prohibiting the use of

insecticide products in occupied cabins

of aircraft. It also provides registrants

with two choices to comply: (1)

Registrants of disinsection products

with labels that permit use in occupied

cabins and who seek to continue that

use must generate and submit data to

demonstrate that the use in occupied

aircraft cabins does not pose

unreasonable adverse effects to human

health, and (2) registrants of all other

disinsection products for use in aircraft

should revise their labels in accordance

with the instructions contained in the

draft PR Notice to clearly prohibit use

of their products in occupied aircraft

cabins. This Federal Register notice

announces the availability of the draft

PR Notice and solicits comment. If, after

reviewing any comments, EPA

determines that changes are warranted,

the Agency will revise the draft PR

Notice prior to release.

List of Subjects

Environmental protection,

Administrative practice and procedure,

Agricultural commodities, Pesticides

and pests.

Dated: February 21, 1995.

Stephen L. Johnson,

Director, Registration Division, Office of

Pesticide Programs.

[FR Doc. 95–5018 Filed 2–28–95; 8:45 am]

BILLING CODE 6560–50–F

[OPP–50806; FRL–4937–7]

Receipt of an Application for an

Experimental Use Permit of a

Transgenic Plant Pesticide

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Notice.

SUMMARY: EPA has received an

application (65247–EUP–R) from

Calgene, Inc., of Davis, California,

requesting an Experimental Use Permit

(EUP) to conduct field testing of a

transgenic plant pesticide. The first EUP

for field testing of a genetically altered

cotton plant having pesticidal properties

was issued on April 10, 1992. EPA has

determined that this permit may be of

regional and national significance.

DATES: Written comments must be

received on or before March 31, 1995.

ADDRESSES: Comments, in triplicate

should bear the docket control number

OPP–50806 and be submitted 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. In

person bring comments to: Rm. 1128,

Crystal Mall #2, 1921 Jefferson Davis

Highway, Crystal City, VA 22202.

Information submitted in any

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 to the submitter.

Written comments will be available for

public inspection in Rm. 1128 at the

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

p.m., Monday through Friday, excluding

legal holidays.

FOR FURTHER INFORMATION CONTACT: By

mail: Janet L. Andersen, Acting Director,

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: CS1 5th floor, 2800 Crystal

Drive, Crystal City, VA 22202 (703–308–

8712).

SUPPLEMENTARY INFORMATION: An

application for an EUP pursuant to

EPA’s Statement of Policy entitled

‘‘Microbial Products Subject to the

Federal Insecticide, Fungicide, and

Rodenticide Act and the Toxic

Substances Control Act’’, published in

the Federal Register of June 26, 1986

(51 FR 23313), was received on January

17, 1995, from Calgene, Inc. of Davis,

California (65247–EUP–R).

Calgene, Inc. proposes to experiment

in the field for 1 year, beginning April

1, 1995, with a transgenic insect

resistant cotton plant which expresses a

Bacillus thuringiensis subsp. kurstaki

(B.t.k.) cryIA(c) segment within the

plant cells. Bacillus thuringiensis subsp.

kurstaki protein will be present at no

more than .001 percent of the total

weight of the cottonseed. The cryIA(c)

gene of Bacillus thuringiensis is

transferred to cotton via the Ti plasmid

of Agrobacterium tumefaciens, a vector

system which has been used to stably

transform many plant pesticides. All

transgenic plants to be used in this field

trial are upland cotton Gossypium

hirsutum.

The 1995 Program as proposed by

Calgene, Inc. will include four types of

field trials. Target lepidopteran pests

include: Helicoverpa zea (Cotton

bollworm); Pectinophora gossypiella

(Pink bollworm); Heliothis virescens

(Tobacco budworm); Spodoptera exigua

(Beet armyworm), Spodoptera

frugiperda (Fall armyworm) and other

lepidopteran insects pest of cotton. A

total of 2,460 pounds of transgenic

cottonseed will be planted on 0.5 to 20

acre sites for a total of 164 acres. The

total amount of active ingredient used

for 164 acres will be 11.3 grams, the

amount of active ingredient to be tested

per state is less than 1.5 gram. Testing

will be conducted from April 1, 1995 to

December 15, 1995, at research stations

or seed production fields in the

following states: Alabama, Arizona,

Arkansas, California, Georgia,

Louisiana, Mississippi, Missouri, North

Carolina, South Carolina, Tennessee,

and Texas.

A breeding nursery trial will be

conducted to: (1) Evaluate and compare

the efficacy of transgenic strains in

control of lepidopteran target pests; (2)

evaluate and select for agronomic

performance of prospective strains for

commercialization, and (3) evaluate

production of purity blocks to minimize

variability of seed within potential

strains for commercialization. Strain

trials will be conducted to compare

advanced Bacillus thuringiensis cotton