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Notice2026-10714

Pesticide Experimental Use Permit; Receipt of Application; Comment Request (March 2026)

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Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.

Published
May 29, 2026

Issuing agencies

Environmental Protection Agency

Abstract

This notice announces EPA's receipt of an application 100506- EUP-R from the State University of New York College of Environmental Science and Forestry (SUNY ESF) requesting an experimental use permit (EUP) for OxO American Chestnut (oxalate oxidase OxO) and the genetic material necessary for its expression in American chestnut (Castanea dentata). The Agency has determined that the permit may be of regional and national significance. Therefore, because of the potential significance, EPA is seeking comments on this application.

Full Text

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<title>Federal Register, Volume 91 Issue 103 (Friday, May 29, 2026)</title>
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[Federal Register Volume 91, Number 103 (Friday, May 29, 2026)]
[Notices]
[Pages 32047-32048]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-10714]


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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2026-3532; FRL-13370-01-OCSPP]


Pesticide Experimental Use Permit; Receipt of Application; 
Comment Request (March 2026)

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces EPA's receipt of an application 100506-
EUP-R from the State University of New York College of Environmental 
Science and Forestry (SUNY ESF) requesting an experimental use permit 
(EUP) for OxO American Chestnut (oxalate oxidase OxO) and the genetic 
material necessary for its expression in American chestnut (Castanea 
dentata). The Agency has determined that the permit may be of regional 
and national significance. Therefore, because of the potential 
significance, EPA is seeking comments on this application.

DATES: Comments must be received on or before June 29, 2026.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2026-3532, through the Federal eRulemaking 
Portal at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. 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. Additional 
instructions on commenting on and visiting the docket, along with more 
information about dockets generally, are available at <a href="https://www.epa.gov/dockets">https://www.epa.gov/dockets</a>.

FOR FURTHER INFORMATION CONTACT: Each application summary in Unit II. 
specifies a contact division. The appropriate division contacts are 
identified as follows:
    <bullet> BPPD (Biopesticides and Pollution Prevention Division) 
(Mail Code 7511M); Shannon Borges; main telephone number: (202) 566-
1400; email address: <a href="/cdn-cgi/l/email-protection#296b79796d6f7b67465d404a4c5a694c5948074e465f"><span class="__cf_email__" data-cfemail="4a081a1a0e0c1804253e23292f390a2f3a2b642d253c">[email&#160;protected]</span></a>.

SUPPLEMENTARY INFORMATION:

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 people who conduct or 
sponsor research on pesticides, the Agency 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 
<a href="http://regulations.gov">regulations.gov</a> 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

[[Page 32048]]

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 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 <a href="https://www.epa.gov/dockets/commenting-epa-dockets">https://www.epa.gov/dockets/commenting-epa-dockets</a>.

II. What Action is the Agency Taking?

    Under section 5 of the Federal Insecticide, Fungicide and 
Rodenticide Act (FIFRA), 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 10 acres or more of land or 
one acre or more of water.
    Pursuant to 40 CFR 172.11(a), the Agency has determined that the 
following EUP application may be of regional and national significance, 
and therefore is seeking public comment on the EUP application:
    Experimental Use Permit Number: 100506-EUP-R. Docket ID Number: 
EPA-HQ-OPP-2026-3532. Submitter: State University of New York College 
of Environmental Science and Forestry (SUNY ESF), 1 Forestry Drive, 
Syracuse, NY 13210. Pesticide Chemical: OxO American Chestnut (oxalate 
oxidase OxO) and the genetic material necessary for its expression in 
American chestnut (Castanea dentata). Summary of Request: The State 
University of New York College of Environmental Science and Forestry is 
requesting an experimental use permit for the active ingredient OxO 
American Chestnut (oxalate oxidase OxO) and the genetic material 
necessary for its expression in American chestnut (Castanea dentata) 
for three years in Alabama, Arkansas, Connecticut, Delaware, District 
of Columbia (Washington, DC), Florida, Georgia, Illinois, Indiana, 
Kentucky, Maine, Maryland, Massachusetts, Michigan, Mississippi, 
Missouri, New Hampshire, New Jersey, New York, North Carolina, Ohio, 
Pennsylvania, Rhode Island, South Carolina, Tennessee, Vermont, 
Virginia, West Virginia, and Wisconsin, with a total area of up to 280 
acres across all states. The OxO gene enables the American chestnut 
trees to detoxify oxalic acid produced by the fungal pathogen 
Cryphonectria parasitica, thereby allowing coexistence with the 
pathogen. The purpose of this EUP is to evaluate survival, early 
growth, and establishment success of transgenic OxO American chestnuts, 
compared with wild-type American chestnuts and/or other control trees, 
across a wide range of environmental conditions and planting scenarios. 
This testing will inform restoration management strategies across the 
native American chestnut range. Date of Receipt: February 27, 2026. 
Contact: BPPD.
    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:  21 U.S.C. 346a.

    Dated: May 26, 2026.
Edward Messina,
Director, Office of Pesticide Programs.
[FR Doc. 2026-10714 Filed 5-28-26; 8:45 am]
BILLING CODE 6560-50-P


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Indexed from Federal Register on May 29, 2026.

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