The Scotts Co. and Monsanto Co.; Determination of Nonregulated Status of Creeping Bentgrass Genetically Engineered for Resistance to Glyphosate, 5525-5526 [2017-01077]
Download as PDF
<![CDATA[
mstockstill on DSK3G9T082PROD with NOTICES
Federal Register / Vol. 82, No. 11 / Wednesday, January 18, 2017 / Notices
Title: Interstate Movement of Fruit
From Hawaii.
OMB Control Number: 0579–0331.
Type of Request: Extension of
approval of an information collection.
Abstract: The Plant Protection Act (7
U.S.C. 7701 et seq.) authorizes the
Secretary of Agriculture to restrict the
importation, entry, or interstate
movement of plants, plant products, and
other articles to prevent the
introduction of plant pests into the
United States or their dissemination
within the United States. The
regulations in 7 CFR part 318, State of
Hawaii and Territories Quarantine
Notices, prohibit or restrict the
interstate movement of fruits,
vegetables, and other products from
Hawaii, Puerto Rico, the U.S. Virgin
Islands, and Guam to the continental
United States to prevent the spread of
plant pests or noxious weeds.
In accordance with the regulations in
§ 318.13–26, breadfruit, jackfruit, fresh
pods of cowpea and its relatives, dragon
fruit, mangosteen, moringa pods, and
melon must meet certain conditions for
interstate movement from Hawaii into
the continental United States. These
conditions involve information
collection activities, such as compliance
agreements, certificates and limited
permits, among other things.
We are asking the Office of
Management and Budget (OMB) to
approve our use of these information
collection activities for an additional 3
years.
The purpose of this notice is to solicit
comments from the public (as well as
affected agencies) concerning our
information collection. These comments
will help us:
(1) Evaluate whether the collection of
information is necessary for the proper
performance of the functions of the
Agency, including whether the
information will have practical utility;
(2) Evaluate the accuracy of our
estimate of the burden of the collection
of information, including the validity of
the methodology and assumptions used;
(3) Enhance the quality, utility, and
clarity of the information to be
collected; and
(4) Minimize the burden of the
collection of information on those who
are to respond, through use, as
appropriate, of automated, electronic,
mechanical, and other collection
technologies; e.g., permitting electronic
submission of responses.
Estimate of burden: The public
reporting burden for this collection of
information is estimated to average 0.22
hours per response.
Respondents: Importers of fruit from
Hawaii.
VerDate Sep<11>2014
17:41 Jan 17, 2017
Jkt 241001
Estimated annual number of
respondents: 110.
Estimated annual number of
responses per respondent: 25.
Estimated annual number of
responses: 2,782.
Estimated total annual burden on
respondents: 618 hours. (Due to
averaging, the total annual burden hours
may not equal the product of the annual
number of responses multiplied by the
reporting burden per response.)
All responses to this notice will be
summarized and included in the request
for OMB approval. All comments will
also become a matter of public record.
Done in Washington, DC, this 11th day of
January 2017.
Kevin Shea,
Administrator, Animal and Plant Health
Inspection Service.
[FR Doc. 2017–01009 Filed 1–17–17; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
[Docket No. APHIS–2015–0096]
The Scotts Co. and Monsanto Co.;
Determination of Nonregulated Status
of Creeping Bentgrass Genetically
Engineered for Resistance to
Glyphosate
Animal and Plant Health
Inspection Service, USDA.
ACTION: Notice.
AGENCY:
We are advising the public of
our determination that creeping
bentgrass designated as event ASR368,
which has been genetically engineered
for resistance to the herbicide
glyphosate by the Scotts Company and
Monsanto Company is no longer
considered a regulated article under our
regulations governing the introduction
of certain genetically engineered
organisms. Our determination is based
on our evaluation of data submitted by
the Scotts Company and Monsanto
Company in its petition for a
determination of nonregulated status,
our analysis of publically available
scientific data, and comments received
from the public on the petition for
nonregulated status and its associated
environmental impact statement and
plant pest risk assessment. This notice
also announces the availability of our
written determination and record of
decision.
SUMMARY:
Effective January 18, 2017.
You may read the
documents referenced in this notice and
DATES:
ADDRESSES:
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
5525
any comments we received in our
reading room. The reading room is
located in room 1141 of the USDA
South Building, 14th Street and
Independence Avenue SW.,
Washington, DC. Normal reading room
hours are 8 a.m. to 4:30 p.m., Monday
through Friday, except holidays. To be
sure someone is there to help you,
please call (202) 799–7039 before
coming. Those documents are also
available on the Internet at https://www.
aphis.usda.gov/biotechnology/petitions_
table_pending.shtml under APHIS
Petition Number 15–300–01p and are
posted with the comments we received
on the Regulations.gov Web site at
https://www.regulations.gov/#!docket
Detail;D=APHIS-2015-0096.
FOR FURTHER INFORMATION CONTACT: Dr.
John Turner, Director, Environmental
Risk Analysis Programs, Biotechnology
Regulatory Services, APHIS, 4700 River
Road, Unit 147, Riverdale, MD 20737–
1236; (301) 851–3954, email:
john.t.turner@aphis.usda.gov. To obtain
copies of the documents referenced in
this notice, contact Ms. Cindy Eck at
(301) 851–3892, email: cynthia.a.eck@
aphis.usda.gov.
SUPPLEMENTARY INFORMATION: The
regulations in 7 CFR part 340,
‘‘Introduction of Organisms and
Products Altered or Produced Through
Genetic Engineering Which Are Plant
Pests or Which There Is Reason to
Believe Are Plant Pests,’’ regulate,
among other things, the introduction
(importation, interstate movement, or
release into the environment) of
organisms and products altered or
produced through genetic engineering
that are plant pests or that there is
reason to believe are plant pests. Such
genetically engineered (GE) organisms
and products are considered ‘‘regulated
articles.’’
The regulations in § 340.6(a) provide
that any person may submit a petition
to APHIS seeking a determination that
an article should not be regulated under
7 CFR part 340. Paragraphs (b) and (c)
of § 340.6 describe the form that a
petition for a determination of
nonregulated status must take and the
information that must be included in
the petition.
APHIS received a petition from the
Scotts Company of Marysville, OH, and
Monsanto Company of St. Louis, MO
(Scotts/Monsanto), seeking a
determination of nonregulated status of
creeping bentgrass (Agrostis stolonifera
L.) designated as event ASR368, which
has been genetically engineered for
resistance to the herbicide glyphosate.
The Scotts/Monsanto petition states that
information collected during field trials
E:\FR\FM\18JAN1.SGM
18JAN1
5526
Federal Register / Vol. 82, No. 11 / Wednesday, January 18, 2017 / Notices
mstockstill on DSK3G9T082PROD with NOTICES
and laboratory analyses indicates that
ASR368 bentgrass is not likely to be a
plant pest and therefore should not be
a regulated article under APHIS’
regulations in 7 CFR part 340.
In a notice 1 published in the Federal
Register on January 8, 2016 (81 FR 902–
903, Docket No. APHIS–2015–0096),
APHIS announced the availability of the
Scotts/Monsanto petition for public
comment. APHIS solicited comments on
the petition for 60 days ending on
March 8, 2016. The notice also
announced that APHIS would prepare
either an environmental assessment or
an environmental impact statement
(EIS) in accordance with the National
Environmental Policy Act of 1969, as
amended (42 U.S.C. 4321 et seq., NEPA)
to provide the Agency with a review
and analysis of any potential
environmental impacts associated with
the petition request.
Following review of public
comments, we published another
notice 2 in the Federal Register on
August 3, 2016 (81 FR 51174–51176,
Docket No. APHIS–2015–0096),
advising the public of our intent to
prepare an EIS for the potential
determination of nonregulated status
requested by the petition. APHIS
decided to prepare an EIS in order to
perform a comprehensive
environmental analysis of the potential
environmental impacts that may occur
as a result of granting determinations of
nonregulated status for this event.
National Environmental Policy Act and
Record of Decision
To provide the public with
documentation of APHIS’ review and
analysis of the potential environmental
impacts associated with a determination
of nonregulated status of ASR368
bentgrass, an EIS has been prepared in
accordance with: (1) NEPA, as amended
(42 U.S.C. 4321 et seq.); (2) regulations
of the Council on Environmental
Quality for implementing the
procedural provisions of NEPA (40 CFR
parts 1500–1508); (3) USDA regulations
implementing NEPA (7 CFR part 1b);
and (4) APHIS’ NEPA Implementing
Procedures (7 CFR part 372).
A notice of availability regarding the
draft EIS prepared by APHIS was
published by the Environmental
Protection Agency (EPA) in the Federal
Register on September 30, 2016 (81 FR
1 To view the notice, the petition, the comments
we received, and other supporting documents, go to
https://www.regulations.gov/#!docketDetail;D=
APHIS-2015-0096.
2 To view the draft EIS, final EIS, supporting
documents, and the comments we received, go to
https://www.regulations.gov/#!docketDetail;D=
APHIS-2015-0096.
VerDate Sep<11>2014
17:41 Jan 17, 2017
Jkt 241001
67348–67349, Docket No. ER–FRL–
9029–3). Along with the draft EIS,
APHIS also made available the plant
pest risk assessment (PPRA) for the
petition. APHIS reviewed and evaluated
all of the public comments received on
the draft EIS and prepared formal
responses to them as part of the final
EIS.
A notice of availability regarding the
final EIS prepared by APHIS was
published by EPA in the Federal
Register on December 9, 2016 (81 FR
89095–89096, Docket No. ER–FRL–
9030–6). The NEPA implementing
regulations in 40 CFR 1506.10 require a
minimum 30-day review period
between the time the notice of
availability of a final EIS is published
and the time an agency makes a
decision on an action covered by the
EIS. APHIS has reviewed and evaluated
the comments received during the 30day review period and has concluded
that it has fully and appropriately
analyzed the relevant environmental
issues covered by the final EIS and
those comments. Based on our final EIS,
the response to public comments, and
other pertinent scientific data, APHIS
has prepared a record of decision for the
final EIS.
Determination of Nonregulated Status
Based on APHIS’ analysis of field and
laboratory data submitted by Scotts/
Monsanto, references provided in the
petitions, peer-reviewed publications,
information analyzed in the EIS, the
PPRA, comments provided by the
public, and APHIS’ evaluation of and
response to those comments, APHIS has
determined that is unlikely to pose a
plant pest risk. Accordingly, the petition
requesting a determination of
nonregulated status is approved and
ASR368 bentgrass is no longer subject to
our regulations governing the
introduction of certain genetically
engineered organisms and to the plant
pest provisions of the Plant Protection
Act.
Copies of the signed determination
document and the signed record of
decision, as well as copies of the final
EIS and the PPRA are available as
indicated in the ADDRESSES and FOR
FURTHER INFORMATION CONTACT sections
of this notice.
Authority: 7 U.S.C. 7701–7772 and 7781–
7786; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and
371.3.
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
Done in Washington, DC, this 12th day of
January 2017.
Michael C. Gregoire,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. 2017–01077 Filed 1–17–17; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
[Docket No. APHIS–2016–0107]
Notice of Request for Extension of
Approval of an Information Collection;
Importation of Emerald Ash Borer Host
Material From Canada
Animal and Plant Health
Inspection Service, USDA.
ACTION: Extension of approval of an
information collection; comment
request.
AGENCY:
In accordance with the
Paperwork Reduction Act of 1995, this
notice announces the Animal and Plant
Health Inspection Service’s intention to
request an extension of approval of an
information collection associated with
the regulations for the importation of
emerald ash borer host material from
Canada to prevent the introduction and
spread of emerald ash borer in the
United States.
DATES: We will consider all comments
that we receive on or before March 20,
2017.
ADDRESSES: You may submit comments
by either of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov/#!docket
Detail;D=APHIS-2016-0107.
• Postal Mail/Commercial Delivery:
Send your comment to Docket No.
APHIS–2016–0107, Regulatory Analysis
and Development, PPD, APHIS, Station
3A–03.8, 4700 River Road Unit 118,
Riverdale, MD 20737–1238.
Supporting documents and any
comments we receive on this docket
may be viewed at https://www.
regulations.gov/#!docketDetail;D=
APHIS-2016-0107 or in our reading
room, which is located in room 1141 of
the USDA South Building, 14th Street
and Independence Avenue SW.,
Washington, DC. Normal reading room
hours are 8 a.m. to 4:30 p.m., Monday
through Friday, except holidays. To be
sure someone is there to help you,
please call (202) 799–7039 before
coming.
SUMMARY:
For
information on the regulations for the
importation of emerald ash borer host
FOR FURTHER INFORMATION CONTACT:
E:\FR\FM\18JAN1.SGM
18JAN1
]]>Agencies
[Federal Register Volume 82, Number 11 (Wednesday, January 18, 2017)]
[Notices]
[Pages 5525-5526]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-01077]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
[Docket No. APHIS-2015-0096]
The Scotts Co. and Monsanto Co.; Determination of Nonregulated
Status of Creeping Bentgrass Genetically Engineered for Resistance to
Glyphosate
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: We are advising the public of our determination that creeping
bentgrass designated as event ASR368, which has been genetically
engineered for resistance to the herbicide glyphosate by the Scotts
Company and Monsanto Company is no longer considered a regulated
article under our regulations governing the introduction of certain
genetically engineered organisms. Our determination is based on our
evaluation of data submitted by the Scotts Company and Monsanto Company
in its petition for a determination of nonregulated status, our
analysis of publically available scientific data, and comments received
from the public on the petition for nonregulated status and its
associated environmental impact statement and plant pest risk
assessment. This notice also announces the availability of our written
determination and record of decision.
DATES: Effective January 18, 2017.
ADDRESSES: You may read the documents referenced in this notice and any
comments we received in our reading room. The reading room is located
in room 1141 of the USDA South Building, 14th Street and Independence
Avenue SW., Washington, DC. Normal reading room hours are 8 a.m. to
4:30 p.m., Monday through Friday, except holidays. To be sure someone
is there to help you, please call (202) 799-7039 before coming. Those
documents are also available on the Internet at https://www.aphis.usda.gov/biotechnology/petitions_table_pending.shtml under
APHIS Petition Number 15-300-01p and are posted with the comments we
received on the Regulations.gov Web site at https://www.regulations.gov/#!docketDetail;D=APHIS-2015-0096.
FOR FURTHER INFORMATION CONTACT: Dr. John Turner, Director,
Environmental Risk Analysis Programs, Biotechnology Regulatory
Services, APHIS, 4700 River Road, Unit 147, Riverdale, MD 20737-1236;
(301) 851-3954, email: john.t.turner@aphis.usda.gov. To obtain copies
of the documents referenced in this notice, contact Ms. Cindy Eck at
(301) 851-3892, email: cynthia.a.eck@aphis.usda.gov.
SUPPLEMENTARY INFORMATION: The regulations in 7 CFR part 340,
``Introduction of Organisms and Products Altered or Produced Through
Genetic Engineering Which Are Plant Pests or Which There Is Reason to
Believe Are Plant Pests,'' regulate, among other things, the
introduction (importation, interstate movement, or release into the
environment) of organisms and products altered or produced through
genetic engineering that are plant pests or that there is reason to
believe are plant pests. Such genetically engineered (GE) organisms and
products are considered ``regulated articles.''
The regulations in Sec. 340.6(a) provide that any person may
submit a petition to APHIS seeking a determination that an article
should not be regulated under 7 CFR part 340. Paragraphs (b) and (c) of
Sec. 340.6 describe the form that a petition for a determination of
nonregulated status must take and the information that must be included
in the petition.
APHIS received a petition from the Scotts Company of Marysville,
OH, and Monsanto Company of St. Louis, MO (Scotts/Monsanto), seeking a
determination of nonregulated status of creeping bentgrass (Agrostis
stolonifera L.) designated as event ASR368, which has been genetically
engineered for resistance to the herbicide glyphosate. The Scotts/
Monsanto petition states that information collected during field trials
[[Page 5526]]
and laboratory analyses indicates that ASR368 bentgrass is not likely
to be a plant pest and therefore should not be a regulated article
under APHIS' regulations in 7 CFR part 340.
In a notice \1\ published in the Federal Register on January 8,
2016 (81 FR 902-903, Docket No. APHIS-2015-0096), APHIS announced the
availability of the Scotts/Monsanto petition for public comment. APHIS
solicited comments on the petition for 60 days ending on March 8, 2016.
The notice also announced that APHIS would prepare either an
environmental assessment or an environmental impact statement (EIS) in
accordance with the National Environmental Policy Act of 1969, as
amended (42 U.S.C. 4321 et seq., NEPA) to provide the Agency with a
review and analysis of any potential environmental impacts associated
with the petition request.
---------------------------------------------------------------------------
\1\ To view the notice, the petition, the comments we received,
and other supporting documents, go to https://www.regulations.gov/#!docketDetail;D=APHIS-2015-0096.
---------------------------------------------------------------------------
Following review of public comments, we published another notice
\2\ in the Federal Register on August 3, 2016 (81 FR 51174-51176,
Docket No. APHIS-2015-0096), advising the public of our intent to
prepare an EIS for the potential determination of nonregulated status
requested by the petition. APHIS decided to prepare an EIS in order to
perform a comprehensive environmental analysis of the potential
environmental impacts that may occur as a result of granting
determinations of nonregulated status for this event.
---------------------------------------------------------------------------
\2\ To view the draft EIS, final EIS, supporting documents, and
the comments we received, go to https://www.regulations.gov/#!docketDetail;D=APHIS-2015-0096.
---------------------------------------------------------------------------
National Environmental Policy Act and Record of Decision
To provide the public with documentation of APHIS' review and
analysis of the potential environmental impacts associated with a
determination of nonregulated status of ASR368 bentgrass, an EIS has
been prepared in accordance with: (1) NEPA, as amended (42 U.S.C. 4321
et seq.); (2) regulations of the Council on Environmental Quality for
implementing the procedural provisions of NEPA (40 CFR parts 1500-
1508); (3) USDA regulations implementing NEPA (7 CFR part 1b); and (4)
APHIS' NEPA Implementing Procedures (7 CFR part 372).
A notice of availability regarding the draft EIS prepared by APHIS
was published by the Environmental Protection Agency (EPA) in the
Federal Register on September 30, 2016 (81 FR 67348-67349, Docket No.
ER-FRL-9029-3). Along with the draft EIS, APHIS also made available the
plant pest risk assessment (PPRA) for the petition. APHIS reviewed and
evaluated all of the public comments received on the draft EIS and
prepared formal responses to them as part of the final EIS.
A notice of availability regarding the final EIS prepared by APHIS
was published by EPA in the Federal Register on December 9, 2016 (81 FR
89095-89096, Docket No. ER-FRL-9030-6). The NEPA implementing
regulations in 40 CFR 1506.10 require a minimum 30-day review period
between the time the notice of availability of a final EIS is published
and the time an agency makes a decision on an action covered by the
EIS. APHIS has reviewed and evaluated the comments received during the
30-day review period and has concluded that it has fully and
appropriately analyzed the relevant environmental issues covered by the
final EIS and those comments. Based on our final EIS, the response to
public comments, and other pertinent scientific data, APHIS has
prepared a record of decision for the final EIS.
Determination of Nonregulated Status
Based on APHIS' analysis of field and laboratory data submitted by
Scotts/Monsanto, references provided in the petitions, peer-reviewed
publications, information analyzed in the EIS, the PPRA, comments
provided by the public, and APHIS' evaluation of and response to those
comments, APHIS has determined that is unlikely to pose a plant pest
risk. Accordingly, the petition requesting a determination of
nonregulated status is approved and ASR368 bentgrass is no longer
subject to our regulations governing the introduction of certain
genetically engineered organisms and to the plant pest provisions of
the Plant Protection Act.
Copies of the signed determination document and the signed record
of decision, as well as copies of the final EIS and the PPRA are
available as indicated in the ADDRESSES and FOR FURTHER INFORMATION
CONTACT sections of this notice.
Authority: 7 U.S.C. 7701-7772 and 7781-7786; 31 U.S.C. 9701; 7
CFR 2.22, 2.80, and 371.3.
Done in Washington, DC, this 12th day of January 2017.
Michael C. Gregoire,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2017-01077 Filed 1-17-17; 8:45 am]
BILLING CODE 3410-34-P
