APR 11 2003 Dr. Penny Hunst Regulatory Manager Mycogen Seeds c/ o Dow AgroSciences LLC 9330 Zionsville Road Indianapolis, IN 46268 1054 Dear Dr. Hunst:

Subject: Bacillus thuringiensis Cry1F Protein and the Genetic Material Necessary for its Production ( From the Insert of Plasmid PHP12537) in Corn / Your November 15, 2002 Application and April 4, 2003 Updated Experimental Program Section G EPA Experimental Use Permit No. 68467 EUP 4 Effective Dates: Plantings Through March 2004 and Associated Activities Such as Collection of Field Data; Harvesting & Processing of Seed After Last Planting On the basis of the information furnished by the applicant and the annexed program, an experimental use permit under § 5 of the Federal Insecticide, Fungicide, and Rodenticide Act is hereby amended/ extended for Bacillus thuringiensis Cry1F protein and the genetic material necessary for its production ( from the insert of plasmid PHP12537) in corn [ moCry1F corn]. The tolerance exemption listed under 40 CFR § 180.1217 permits the use of this plant incorporated protectant in a non crop destruct experimental program.

Prior to shipment and/ or use of moCry1F corn, you must consult with the pesticide regulatory officials and, if applicable, the biotechnology regulatory officials of the State( s) in which your experimental program will be conducted, and obtain a State permit or license if such is required. ( Note Hawaii's reporting requirement for genetically modified organisms under section 321 11.6 of the Hawaii revised statutes.) Issuance of this Federal permit does not negate the need for permission from individual States. Prior to initiating this experimental program in any State, you are to notify the lead Agency of the State( s) in which your experimental program will be conducted of the specific testing program ( when, where, how much, etc.). Failure to do so may result in revocation or modification of this EUP. You must comply with all requirements of the USDA/ APHIS as they apply to the proposed testing.

You must provide notice to the State pesticide regulatory Agency at least 72 hours before you begin to apply the experimental use product. You must also provide a copy of this authorization letter and stamped label, as well as the non confidential portion of the April 4, 2003 2 Section G to all cooperators, participants, and users prior to the initial pesticide application made in accordance with the EUP. The Agency is also notifying the relevant EPA Region( s), by sending them copies of this EUP.

Conditions under which the EUP is being amended/ extended are as follows.

1. The total amount of moCry1F corn seed to be used will not exceed the quantity authorized by the EUP amendment/ extension.

2. The permittee will immediately notify the Environmental Protection Agency of any findings from the experimental uses that have a bearing on safety ( i. e., reporting to the Agency of any adverse effects from the use of, or exposure to, the pesticide is required). The permittee will also keep records of production, distribution and performance, and, on request, make the records available to any authorized officer or employee of the Environmental Protection Agency.

3. You must provide a final report within180 days of the expiration of the permit. The final report must include all of the items set forth in 40 CFR § 172.8( b). We note that the acreage listed in your experimental program did not include isolation distances or non moCry1F plants receiving moCry1F pollen. Future experimental use permit application requests and the final report for this permit amendment/ extension must include or report on the area of the field planted to moCry1F corn and any plants intended to receive pollen from moCry1F corn plants through cross pollination. A perimeter drawn around the circumference of such a plot will serve as the defining measure of what is contained within the experimental plot. This must include border row plantings where required. The disposition of all planted moCry1F corn and any plants intended to receive pollen from moCry1F corn plants must also be reported.

4. Per 40 CFR § 174.4( b)( v), you must provide the name and street address of all cooperators as soon as available and prior to planting.

5. This experimental use permit is not a limited seed increase registration under § 3 of FIFRA and plantings solely for commercial seed increase are prohibited 6. The labeling submitted in connection with your application is acceptable and must be used for all shipments of seed subsequent to receiving this approval and be in possession of the user under this EUP. A stamped copy of the label is enclosed for your records.

Based upon the submitted experimental program, the subject corn seed may be shipped for use under this permit to the following State( s) and be planted on the following acreage and crops, provided that the States agree to the trials and all other requirements of the USDA/ APHIS have been met as they apply to the testing: 3 STATE or COMMONWEALTH ACREAGE California 1 Colorado 6 Georgia 1 Hawaii 104 Illinois 51 Indiana 41 Iowa 45.5 Kansas 7 Kentucky 1 Louisiana 1 Maryland 1 Michigan 6 Minnesota 31 Missouri 11 Mississippi 1 Nebraska 26 New York 1 North Carolina 1 North Dakota 7 Ohio 7 Oklahoma 1 Pennsylvania 1 Puerto Rico 14 South Dakota 8 Texas 1 Virginia 1 Wisconsin 26 Total 290.5 Sincerely,

/ s/

Janet L. Andersen, Ph. D., Director Biopesticides and Pollution Prevention Division ( 7511C) Enclosure


[Federal Register: March 3, 2008 (Volume 73, Number 42)]
[Notices]
[Page 11462-11464]
[DOCID:fr03mr08-110]

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DEPARTMENT OF TRANSPORTATION

National Highway Traffic Safety Administration

[Docket No. NHTSA-2007-28769; Notice 2]

Ford Motor Company, Grant of Petition for Decision of
Inconsequential Noncompliance

    Ford Motor Company (Ford) has determined that approximately 180,603
seat belt replacement assemblies for 2000 through 2004 model year Ford
Focus passenger cars and 191,352

service seat belt assemblies for 2001 through 2004 model year Ford
Escape multipurpose passenger vehicles did not comply with paragraphs
S4.1(k) and S4.1(l) of 49 CFR 571.209, Federal Motor Vehicle Safety
Standard (FMVSS) No. 209, Seat Belt Assemblies. The assemblies for the
Focus passenger cars were sold from July 1999 through May 17, 2007, and
the assemblies for the Escape multipurpose passenger vehicles were sold
from June 2000 through April 18, 2007. Ford has filed an appropriate
report pursuant to 49 CFR Part 573, Defect and Noncompliance
Responsibility and Reports.
    Pursuant to 49 U.S.C. 30118(d) and 30120(h) and the rule
implementing those provisions at 49 CFR Part 556, Ford has petitioned
for an exemption from the notification and remedy requirements of 49
U.S.C. Chapter 301 on the basis that this noncompliance is
inconsequential to motor vehicle safety. Notice of receipt of the
petition was published, with a 30-day public comment period, on October
4, 2007 in the Federal Register (72 FR 56825). No comments were
received. To view the petition and all supporting documents, log on to
the Federal Docket Management System (FDMS) Web site at: http://
www.regulations.gov/. Then follow the online search instructions to
locate docket number ``NHTSA-2007-28769.''
    For further information on this decision, contact Ms. Claudia
Covell, Office of Vehicle Safety Compliance, the National Highway
Traffic Safety Administration (NHTSA), telephone<PHONE_NUMBER>,
facsimile<PHONE_NUMBER>.
    Paragraphs S4.1(k) and S4.1(l) of FMVSS No. 209 require:

    (k) Installation instructions. A seat belt assembly, other than
a seat belt assembly installed in a motor vehicle by an automobile
manufacturer, shall be accompanied by an instruction sheet providing
sufficient information for installing the assembly in a motor
vehicle. The installation instructions shall state whether the
assembly is for universal installation or for installation only in
specifically stated motor vehicles, and shall include at least those
items specified in SAE Recommended Practice J800c, ``Motor Vehicle
Seat Belt Installations,'' November 1973. If the assembly is for use
only in specifically stated motor vehicles, the assembly shall
either be permanently and legibly marked or labeled with the
following statement, or the instruction sheet shall include the
following statement:
    This seat belt assembly is for use only in [insert specific
seating position(s), e.g., ``front right''] in [insert specific
vehicle make(s) and model(s)].
    (l) Usage and maintenance instructions. A seat belt assembly or
retractor shall be accompanied by written instructions for the
proper use of the assembly, stressing particularly the importance of
wearing the assembly snugly and properly located on the body, and on
the maintenance of the assembly and periodic inspection of all
components. The instructions shall show the proper manner of
threading webbing in the hardware of seat belt assemblies in which
the webbing is not permanently fastened. Instructions for a
nonlocking retractor shall include a caution that the webbing must
be fully extended from the retractor during use of the seat belt
assembly unless the retractor is attached to the free end of webbing
which is not subjected to any tension during restraint of an
occupant by the assembly. Instructions for Type 2a shoulder belt
shall include a warning that the shoulder belt is not to be used
without a lap belt.

Ford's Data, Views, and Arguments

    Ford explains that the subject seat belt assemblies were sold in
the United States and federalized territories without the installation,
usage, and maintenance instructions required by paragraphs in S4.1(k)
and S4.1(1) of FMVSS No. 209.
    Ford makes the argument that the service seat belt assemblies in
question are only made available to Ford authorized dealerships for
their use or subsequent resale and that the Ford parts ordering process
used by Ford dealers clearly identifies the correct service part
required by model year, model, and seating position. By way of example,
Ford further explains that an order for a driver's-side front buckle
assembly for a 2002 model year Focus would be filled by the components
specifically designed to be installed in that particular position in
that specific vehicle. This is because Ford's service seat belt
assemblies are designed to be installed properly only in their intended
application.
    Ford additionally states that technicians at Ford dealerships that
replace seat belts have access to the installation instruction
information available in workshop manuals. Installers other than Ford
dealership technicians also have seat belt installation information
available because all workshop manual information, including seat belt
replacement information, is made available to the general public on the
Ford Motorcraft Web site and through aftermarket service information
compilers such as Mitchell and Alldata.
    Ford additionally argues that a significant portion of paragraph
S4.1(k) appears to address a concern with proper installation of
aftermarket seat belts into vehicles that were not originally equipped
with these restraints. Ford also notes that SAE J800c which is cited in
the regulation involves installation of ``universal type seat belt
assemblies,'' particularly where no seat belt had previously been
installed, and that these concerns do not apply to the service seat
belts. The vehicles involved in the instant petition have uniquely
designed seat belt components, and replacement seat belt assemblies are
installed into the identical location from which the original parts
were removed.
    Ford also states that proper seat belt usage instructions are
clearly laid out in the Owner Guide that is included with each new
vehicle. There are no requirements for scheduled maintenance on the
seat belt assemblies in the subject vehicles. Information concerning
periodic inspection for wear and function of the seat belts, as well as
for their proper usage is included in the vehicle Owner Guide and this
information applies as equally to service seat belt assemblies as it
does to the original equipment belts. All Ford Owner Guides, including
those for the 2000 through 2004 Focus and 2001 through 2004 Escape, are
also available to the public, free of charge on the Ford Motorcraft Web
site.
    Ford is not aware of any customer or field reports of service seat
belt assemblies being incorrectly installed in the subject applications
as a result of installation instructions not accompanying the service
part. Ford also is not aware of any reports requesting installation
instructions, which it believes to be indicative of the availability of
this information from the sources listed above.
    In summation, Ford states that it has corrected the problem that
caused these errors so that they will not be repeated in future
production and that it believes that because the noncompliances are
inconsequential to motor vehicle safety that no corrective action is
warranted.

NHTSA Decision

    To help ensure proper selection, installation, usage, and
maintenance of seat belt assemblies, paragraph S4.1(k) of FMVSS No. 209
requires that installation, usage, and maintenance instructions be
provided with seat belt assemblies, other than those installed by an
automobile manufacturer.
    First, we note that the subject seat belt assemblies are only made
available to Ford authorized dealerships for their use or subsequent
resale. Because the parts ordering process used by Ford authorized
dealerships clearly identifies the correct service part required by
model year, model, and seating position, NHTSA believes that there is
little likelihood that an inappropriate seat belt assembly will be
provided for a

specific seating position within a Ford vehicle.
    Second, we note that technicians at Ford dealerships have access to
the seat belt assembly installation instruction information in workshop
manuals. In addition, installers other than Ford dealership technicians
can access the installation instructions on the Ford Motorcraft Web
site and through other aftermarket service information compilers. We
also believe that Ford is correct in stating that the seat belt
assemblies are designed to be installed properly only in their intended
application. Thus, we conclude that sufficient safeguards are in place
to prevent the installation of an improper seat belt assembly.
    NHTSA recognizes the importance of having installation instructions
available to installers and use and maintenance instructions available
to consumers. The risk created by this noncompliance is that someone
who purchased an assembly is unable to obtain the necessary
installation information resulting in an incorrectly installed seat
belt assembly. However, because the seat belt assemblies are designed
to be installed properly only in their intended application and the
installation information is widely available to the public, it appears
that there is little likelihood that installers will not be able to
access the installation instructions. Furthermore, we note that Ford
has stated that they are not aware of any customer field reports of
service seat belt assemblies being incorrectly installed in the subject
applications, nor aware of any reports requesting installation
instructions. These findings suggest that it is unlikely that seat
belts have been improperly installed.
    In addition, although 49 CFR Part 571.209 paragraph S4.1(k)
requires certain instructions specified in SAE Recommended Practice
J800c be included in seat belt replacement instructions, that
requirement applies to seat belts intended to be installed in seating
positions where seat belts do not already exist. The subject seat belt
assemblies are only intended to be used for replacement of original
equipment seat belts, therefore the instructions do not apply to the
subject seat belt assemblies.\1\
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    \1\ Subaru of America, Inc.; Grant of Application for Decision
of Inconsequential Non-Compliance (65 FR 67472)
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    With respect to seat belt usage and inspection instructions, we
note that this information is available in the Owner Guides that are
included with each new vehicle as well as free of charge on the Ford
Motorcraft Web site and apply to the replacement seat belt assemblies
installed in these vehicles. Thus, with respect to usage and
maintenance instructions, it appears that Ford has met the intent of
S4.1(l) of FMVSS No. 209 for the subject vehicles using alternate
methods for notification.
    NHTSA has granted similar petitions for noncompliance with seat
belt assembly installation and usage instruction standards. Refer to
Subaru of America, Inc. (65 FR 67471, November 9, 2000); Bombardier
Motor Corporation of America, Inc. (65 FR 60238, October 10, 2000);
TRW, Inc. (58 FR 7171, February 4, 1993); and Chrysler Corporation, (57
FR 45865, October 5, 1992). In all of these cases, the petitioners
demonstrated that the noncompliant seat belt assemblies were properly
installed, and due to their respective replacement parts ordering
systems, improper replacement seat belt assembly selection and
installation would not be likely to occur.
    In consideration of the foregoing, NHTSA has decided that Ford has
met its burden of persuasion that the seatbelt installation and usage
instruction noncompliances described are inconsequential to motor
vehicle safety. Accordingly, Ford's application is granted, and it is
exempted from providing the notification of noncompliance that is
required by 49 U.S.C. 30118, and from remedying the noncompliance, as
required by 49 U.S.C. 30120. All products manufactured or sold on and
after June 26, 2007, must comply fully with the requirements of FMVSS
No. 209.

    Authority: 49 U.S.C. 30118, 30120; delegations of authority at
49 CFR 1.50 and 501.8.

    Issued on: February 25, 2008.
Daniel C. Smith,
Associate Administrator for Enforcement.
[FR Doc. E8-4043 Filed 2-29-08; 8:45 am]

BILLING CODE 4910-59-P