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65508 Federal Register / Vol. 71, No.

216 / Wednesday, November 8, 2006 / Notices

ENVIRONMENTAL PROTECTION claimed to be Confidential Business of interest to those interested in


AGENCY Information (CBI) or other information agricultural biotechnology and those
whose disclosure is restricted by statute. persons who are or may be required to
[EPA–HQ–OPP–2006–782; FRL–8095–7]
Do not submit information that you conduct testing of chemical substances
Experimental Use Permit; Receipt of consider to be CBI or otherwise under the Federal Food, Drug, and
Application protected through regulations.gov or e- Cosmetic Act (FFDCA) or the Federal
mail. The Federal regulations.gov Insecticide, Fungicide, and Rodenticide
AGENCY: Environmental Protection website is an ‘‘anonymous access’’ Act (FIFRA). Since other entities may
Agency (EPA). system, which means EPA will not also be interested, the Agency has not
ACTION: Notice. know your identity or contact attempted to describe all the specific
information unless you provide it in the entities that may be affected by this
SUMMARY: This notice announces receipt body of your comment. If you send an action. If you have any questions
of an application 67979–EUP–A from e-mail comment directly to EPA without regarding the applicability of this action
Syngenta Seeds, Inc. requesting an going through regulations.gov, your e- to a particular entity, consult the person
experimental use permit (EUP) for the mail address will be automatically listed under FOR FURTHER INFORMATION
plant-incorporated protectants MIR162 captured and included as part of the CONTACT.
Bacillus thuringiensis Vip3A protein comment that is placed in the docket
and the genetic material (plasmid vector and made available on the Internet. If B. What Should I Consider as I Prepare
pNOV1300) necessary for its production you submit an electronic comment, EPA My Comments for EPA?
in corn, Bt11 Bacillus thuringiensis recommends that you include your 1. Submitting CBI. Do not submit this
Cry1Ab protein and the genetic material name and other contact information in information to EPA through
(plasmid vector pZO1502) necessary for the body of your comment and with any regulations.gov or e-mail. Clearly mark
its production in corn, and MIR604 disk or CD-ROM you submit. If EPA the part or all of the information that
Bacillus thuringiensis mCry3A protein cannot read your comment due to you claim to be CBI. For CBI
and the genetic material (plasmid vector technical difficulties and cannot contact information in a disk or CD ROM that
pZM26) necessary for its production in you for clarification, EPA may not be you mail to EPA, mark the outside of the
corn. The Agency has determined that able to consider your comment. disk or CD ROM as CBI and then
the application may be of regional and Electronic files should avoid the use of identify electronically within the disk or
national significance. Therefore, in special characters, any form of CD ROM the specific information that is
accordance with 40 CFR 172.11(a), the encryption, and be free of any defects or claimed as CBI. In addition to one
Agency is soliciting comments on this viruses. complete version of the comment that
application. Docket: All documents in the docket includes information claimed as CBI, a
are listed in the docket index. Although copy of the comment that does not
DATES: Comments must be received on listed in the index, some information is
or before December 8, 2006. contain the information claimed as CBI
not publicly available, e.g., CBI or other
ADDRESSES: Submit your comments, must be submitted for inclusion in the
information whose disclosure is
identified by docket identification (ID) public docket. Information so marked
restricted by statute. Certain other
number EPA–HQ–OPP–2006–782, by will not be disclosed except in
material, such as copyrighted material,
one of the following methods: accordance with procedures set forth in
is not placed on the Internet and will be
• Federal eRulemaking Portal: http:// 40 CFR part 2.
publicly available only in hard copy
www.regulations.gov. Follow the on-line form. Publicly available docket 2. Tips for preparing your comments.
instructions for submitting comments. materials are available either in the When submitting comments, remember
• Mail: Office of Pesticide Programs electronic docket at http:// to:
(OPP) Regulatory Public Docket (7502P), www.regulations.gov, or, if only i. Identify the document by docket ID
Environmental Protection Agency, 1200 available in hard copy, at the OPP number and other identifying
Pennsylvania Ave., NW., Washington, Regulatory Public Docket in Rm. S– information (subject heading, Federal
DC 20460–0001. 4400, One Potomac Yard (South Register date and page number).
• Delivery: OPP Regulatory Public Building), 2777 S. Crystal Drive, ii. Follow directions. The Agency may
Docket (7502P), Environmental Arlington, VA. The hours of operation ask you to respond to specific questions
Protection Agency, Rm. S–4400, One of this Docket Facility are from 8:30 a.m. or organize comments by referencing a
Potomac Yard (South Building), 2777 S. to 4 p.m., Monday through Friday, Code of Federal Regulations (CFR) part
Crystal Drive, Arlington, VA. Deliveries excluding legal holidays. The Docket or section number.
are only accepted during the Docket’s telephone number is (703) 305–5805. iii. Explain why you agree or disagree;
normal hours of operation (8:30 a.m. to FOR FURTHER INFORMATION CONTACT: suggest alternatives and substitute
4 p.m., Monday through Friday, Alan Reynolds, Biopesticides and language for your requested changes.
excluding legal holidays). Special Pollution Prevention Division (7511P), iv. Describe any assumptions and
arrangements should be made for Office of Pesticide Programs, provide any technical information and/
deliveries of boxed information. The Environmental Protection Agency, 1200 or data that you used.
Docket telephone number is (703) 305– Pennsylvania Ave., NW., Washington,
5805. v. If you estimate potential costs or
DC 20460–0001; telephone number: burdens, explain how you arrived at
Instructions: Direct your comments to (703) 605–0515; e-mail address:
docket ID number EPA–HQ–OPP–2006– your estimate in sufficient detail to
reynolds.alan@epa.gov. allow for it to be reproduced.
782. EPA’s policy is that all comments
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received will be included in the docket SUPPLEMENTARY INFORMATION: vi. Provide specific examples to
without change and may be made I. General Information illustrate your concerns and suggest
available on-line at http:// alternatives.
www.regulations.gov, including any A. Does this Action Apply to Me? vii. Explain your views as clearly as
personal information provided, unless This action is directed to the public possible, avoiding the use of profanity
the comment includes information in general. This action may, however, be or personal threats.

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Federal Register / Vol. 71, No. 216 / Wednesday, November 8, 2006 / Notices 65509

viii. Make sure to submit your ENVIRONMENTAL PROTECTION Country, and will not include lands
comments by the comment period AGENCY within the exterior boundaries of Indian
deadline identified. reservations within or abutting the State
[FRL–8240–8]
II. Background of Michigan. Michigan did not seek
Water Pollution Control; Approval of approval for the surface disposal of
The 67979–EUP–A application is for biosolids, the landfilling of biosolids,
536 acres of MIR162, 220 acres of Bt11, Modification to Michigan’s Approved
National Pollutant Discharge the incineration of biosolids, or the land
199 acres of MIR604, 469 acres of Bt11 application of domestic septage. The
x MIR162, 468 acres of Bt11 x MIR162 Elimination System Permitting
Program To Administer a Partial State biosolids management program is
x MIR604, and 1,207 acres of non plant- administered by the Michigan
incorporated protectant border areas. Sewage Sludge Management Program
Department of Environmental Quality
MIR162 contains the lepidopteran AGENCY: Environmental Protection (MDEQ). Modifications were made to
protecting Bacillus thuringiensis Vip3A Agency (EPA). the program submittal based on
protein and the genetic material ACTION: Notice; approval of application. discussions between EPA and MDEQ.
(plasmid vector pNOV1300) necessary These modifications are part of the
for its production. Bt11 contains the SUMMARY: On September 28, 2006,
pursuant to Section 402(b) of the Clean record of the program application and
lepidopteran protecting Bacillus
Water Act (CWA), the Acting Regional review process.
thuringiensis Cry1Ab protein and the
genetic material (plasmid vector Administrator for EPA, Region 5, II. Was notice provided seeking public
pZO1502) necessary for its production. approved the State of Michigan’s comments on Michigan’s program
MIR604 contains the coleopteran modification of its existing National submittal?
protecting Bacillus thuringiensis Pollutant Discharge Elimination System
mCry3A protein and the genetic (NPDES) program to include the Michigan’s application was described
material (plasmid vector pZM26) administration and enforcement of a in the August 4, 2006, Federal Register
necessary for its production. partial state sewage sludge (biosolids) at Vol. 71, No. 150, pages 44291 to
Proposed shipment/use dates are management program where it has 44294, in which EPA requested public
March 1, 2007 through February 29, jurisdiction. comments for a period of 45 days.
2008. Five trial protocols have been FOR FURTHER INFORMATION CONTACT: John
Further notice was provided by way of
proposed, including the following: Colletti, at (312) 886–6106, NPDES publication in the following newspaper
• Breeding and observation. on August 4, 2006: The Bay City Times;
• Efficacy evaluation. Programs Branch, (WN–16J), EPA,
Region 5, 77 West Jackson Boulevard, The Flint Journal; The Traverse City
• Agronomic observation. Record-Eagle; The Grand Rapids Press;
• Inbred and hybrid seed production. Chicago, Illinois 60604–3590, or
The Lansing State Journal; The Ann
• Regulatory studies. electronically at colletti.john@epa.gov.
States and commonwealths involved SUPPLEMENTARY INFORMATION:
Arbor News, and; The Mining Journal
include: California, Colorado, Florida, Throughout this document ‘‘we’’, ‘‘us’’, (Marquette) in an effort to get wide
Georgia, Hawaii, Idaho, Illinois, Indiana, or ‘‘our’’ means EPA. coverage throughout the state.
Iowa, Kansas, Kentucky, Louisiana, Additionally, notices were sent to all
Table of Contents known Michigan NPDES permitted
Maryland, Minnesota, Mississippi,
Missouri, Nebraska, New York, Ohio, I. Introduction facilities that would be impacted by the
Puerto Rico, South Dakota, Texas, and II. Was notice provided seeking public program and to people or organizations
Wisconsin. comments on Michigan’s program that MDEQ determined might have an
submittal? interest in the program application.
III. What Action is the Agency Taking? III. Was a public hearing held? Copies of MDEQ’s application package
IV. Did EPA receive any public comments? were available for public review at the
Following the review of the Syngenta V. Does EPA’s approval affect Indian Country
Seeds, Inc. application and any EPA Region 5 Office and at MDEQ’s
in Michigan?
comments and data received in response VI. Conclusion district offices.
to this notice, EPA will decide whether VII. Federal Register Notice of Approval of III. Was a public hearing held?
to issue or deny the EUP request for this State NPDES Programs or Modifications
EUP program, and if issued, the VIII. Administrative Requirements A public hearing was not held. The
conditions under which it is to be A. National Historic Preservation Act above notice explained that a hearing
conducted. Any issuance of an EUP will B. Other Provisions
had not been scheduled and how a
be announced in the Federal Register. I. Introduction hearing could be requested. EPA will
IV. What is the Agency’s Authority for Michigan’s application to modify its hold a public hearing whenever the
Taking this Action? existing NPDES program to administer Regional Administrator finds, on the
and enforce a partial state biosolids basis of requests, a significant degree of
The Agency’s authority for taking this public interest. No request for a hearing
action is under FIFRA section 5. management program was submitted on
March 28, 2002. Specifically, the state was received during the public
List of Subjects sought approval of a biosolids comment period and therefore, no
management program which addresses hearing was held.
Environmental protection,
Experimental use permits. the land application of biosolids. On IV. Did EPA receive any public
April 21, 2005, the state amended its comments?
Dated: October 27, 2006. submittal limiting the state’s request to
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Janet L. Andersen, the activity mentioned above within the Pursuant to the public notice, we
Director, Biopesticides and Pollution state except if that activity occurs would accept written comments from
Prevention Division, Office of Pesticide within ‘‘Indian Country’’ as defined in the public postmarked on or before
Programs. 18 U.S.C. 1151 and applicable case law. September 18, 2006. During the
[FR Doc. E6–18941 Filed 11–7–06; 8:45 am] The state’s biosolids management comment period, no comments were
BILLING CODE 6560–50–S program does not extend to Indian received.

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