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Pesticide Experimental Use Permit; Receipt of Application; Comment Request (May 2020)

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Environmental Protection Agency (EPA).




This notice announces EPA's receipt of application 8917-EUP-G from J.R. Simplot Company, requesting an experimental use permit (EUP) for BLB2 protein (Rpi-blb2 gene), AMR3 protein (Rpi-amr3 gene), VNT1 protein (Rpi-vnt1 gene), and PVY coat protein DNA inverted repeat. EPA has determined that the permit may be of regional or national significance. Therefore, because of the potential significance, EPA is seeking comments on this application.


Comments must be received on or before September 8, 2020.


Submit your comments, identified by docket identification number EPA-HQ-OPP-2020-0233, by one of the following methods:Start Printed Page 47963

  • Federal eRulemaking Portal: Follow the online instructions for submitting comments. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute.
  • Mail: OPP Docket, Environmental Protection Agency Docket Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001.
  • Hand Delivery: To make special arrangements for hand delivery or delivery of boxed information, please follow the instructions at​dockets/​contacts.html.

Please note that due to the public health emergency the EPA Docket Center (EPA/DC) and Reading Room was closed to public visitors on March 31, 2020. Our EPA/DC staff will continue to provide customer service via email, phone, and webform. For further information on EPA/DC services, docket contact information and the current status of the EPA/DC and Reading Room, please visit​dockets.

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Robert McNally, Biopesticides and Pollution Prevention Division (7511P), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; main telephone number: (703) 305-7090; email address:

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I. General Information

A. Does this action apply to me?

This action is directed to the public in general. Although this action may be of particular interest to those persons who conduct or sponsor research on pesticides, EPA has not attempted to describe all the specific entities that may be affected by this action.

B. What should I consider as I prepare my comments for EPA?

1. Submitting CBI. Do not submit this information to EPA through or email. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as CBI and then identify electronically within the disk or CD-ROM 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 preparing and submitting your comments, see the commenting tips at​dockets/​comments.html.

3. Environmental justice. EPA seeks to achieve environmental justice, the fair treatment and meaningful involvement of any group, including minority and/or low-income populations, in the development, implementation, and enforcement of environmental laws, regulations, and policies. To help address potential environmental justice issues, EPA 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 or disproportionately high and adverse human health impacts or environmental effects from exposure to the pesticides discussed in this document, compared to the general population.

II. What action is EPA taking?

Under section 5 of the Federal Insecticide, Fungicide, and Rodenticide Act, 7 U.S.C. 136c, EPA can allow manufacturers to field test pesticides under development. Manufacturers are required to obtain an EUP before testing new pesticides or new uses of pesticides if they conduct experimental field tests on more than 10 acres of land or more than one surface acre of water.

Pursuant to 40 CFR 172.11(a), EPA has determined that the following EUP application may be of regional or national significance, and therefore is seeking public comment on the EUP application:

Submitter: J.R. Simplot Company, 5369 West Irving St., Boise, ID 83706.

Pesticide Chemicals: BLB2 protein (Rpi-blb2 gene), AMR3 protein (Rpi-amr3 gene), VNT1 protein (Rpi-vnt1 gene), and PVY coat protein DNA inverted repeat.

Summary of Request: J.R. Simplot Company has applied for an EUP for a genetically modified potato containing the following plant-incorporated protectant active ingredients: PVY coat protein DNA inverted repeat for control of Potato Virus Y and three resistance traits (VNT1, BLB2, and AMR3) for control of late blight disease. The application proposes to test a total of 550,000 pounds (seed weight) of potatoes on a total of 220 acres. Test sites are proposed for the following states: Arizona, Colorado, Idaho, Michigan, Minnesota, North Dakota, Pennsylvania, Texas, Utah, Washington, and Wisconsin. The proposed experiments include research and development, regulatory, and agronomic optimization trials.

Following the review of the application and any comments and data received in response to this solicitation, EPA will decide whether to issue or deny the EUP request, and if issued, the conditions under which it is to be conducted. Any issuance of an EUP will be announced in the Federal Register.

(Authority: 7 U.S.C. 136 et seq.)

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Dated: June 15, 2020.

Delores Barber,

Director, Information Technology and Resources Management Division, Office of Pesticide Programs.

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[FR Doc. 2020-17274 Filed 8-6-20; 8:45 am]