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EPA ID: [EPA-HQ-OPP-2007-0884; FRL-8369-7]

NOTICE: NOTICES

ACTION: Environmental Impact Statements; Availability, etc.:

DOCUMENT ACTION: Notice.

SUBJECT CATEGORY: Experimental Use Permit; Receipt of Revised Application

DATES: Comments must be received on or before August 4, 2008.

DOCUMENT SUMMARY: This notice announces receipt of a revised application 264- EUPRUG from Bayer CropScience requesting an experimental use permit (EUP) for Bacillus thuringiensis Cry2Ae protein and the genetic material necessary for its production (pTEM12) in Event GHB 119 or GHB 714 cotton plants and the Bacillus thuringiensis Cry1Ab protein and the genetic material necessary for its production (pTDL004 or pTDL008) in Event T3033 or T30440 cotton plants. In some protocols, Cry 2Ae will be used with the previously registered Bacillus thuringiensis Cry1Ab protein. The Agency has determined that the application may be of regional and national significance. Therefore, in accordance with 40 CFR 172.11(a), the Agency is soliciting comments on this application.

SUMMARY: Experimental Use Permit; Receipt of Revised Application,

SUPPLEMENTAL 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 who are interested in agricultural biotechnology or may be required to conduct testing of pesticidal 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 email. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CDROM that you mail to EPA, mark the outside of the disk or CDROM as CBI and then identify electronically within the disk or CDROM 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.

II. Background

Bayer CropScience has requested to revise the application request for EUP 264EUPRUG. In the Federal Register of September 12, 2007 (72 FR 52127) (FRL81454) the receipt of this EUP application was published. This revised application updates the proposed acreages and dates for planting and seeks to harmonize the requests of two EUPs, 264EUPRUG and 264EUP140. The proposed program will be carried out in the States of: Alabama, Arkansas, Arizona, California, Florida, Georgia, Louisiana, Mississippi, North Carolina, Puerto Rico, South Carolina, Tennessee and Texas. Bayer CropScience is now proposing to extend the experimental program until December 31, 2010 to allow for fall planting in Puerto Rico. Details of the proposed experimental program in accordance with EUP 264EUPRUG are available to the public in electronic documents attached to the docket ID number EPAHQOPP 20070884 (see http://www.regulations.gov). III. What Action is the Agency Taking?

Following the review of the Bayer CropScience application and any comments and data received in response to this notice, EPA will decide whether to issue or deny the revised EUP request for this EUP program, and if issued, the conditions under which it is to be conducted. Any issuance of an EUP will be announced in the Federal Register. IV. What is the Agency's Authority for Taking this Action?

The specific legal authority for EPA to take this action is under FIFRA section 5.

List of Subjects

Environmental protection, Experimental use permits.

Dated: June 25, 2008.
W. Michael McDavit,
Acting Director, Biopesticides and Pollution Prevention Division, Office of Pesticide Programs.
[FR Doc. E815158 Filed 7208; 8:45 am]
BILLING CODE 656050S

FOR FURTHER INFORMATION CONTACT Shanaz Bacchus, Biopesticides and Pollution Prevention Division (7511P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 204600001; telephone number: (703) 3088097; email address: bacchus.shanaz@epa.gov.