Bayer CropScience; Extension of Determination of Nonregulated Status to Rice Genetically Engineered for Glufosinate Herbicide Tolerance, 70360-70362 [E6-20516]
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70360
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Federal Register
Vol. 71, No. 232
Monday, December 4, 2006
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Submission for OMB Review;
Comment Request
mstockstill on PROD1PC61 with NOTICES
November 29, 2006.
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VerDate Aug<31>2005
11:51 Dec 01, 2006
Jkt 211001
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Title: Generic Clearance to Conduct
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OMB Control Number: 0584–0524.
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citizens and is linked to four leading
causes of disease, which can reduce the
quality of life and cause premature
death. While these diet-related problems
affect all Americans, they have a greater
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Food and Nutrition Service (FNS)
programs. One of FNS’ goals includes
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[FR Doc. E6–20423 Filed 12–1–06; 8:45 am]
BILLING CODE 3410–30–P
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
[Docket No. APHIS–2006–0140]
Bayer CropScience; Extension of
Determination of Nonregulated Status
to Rice Genetically Engineered for
Glufosinate Herbicide Tolerance
Animal and Plant Health
Inspection Service, USDA.
ACTION: Notice.
AGENCY:
SUMMARY: We are advising the public of
our decision to extend a determination
of nonregulated status to a rice line
developed by Bayer CropScience, which
has been genetically engineered to be
tolerant to the herbicide glufosinate.
Therefore, APHIS no longer considers
the rice line to be a regulated article
under Agency regulations governing the
introduction of certain genetically
engineered organisms. Our decision is
based on our evaluation of data
submitted by Bayer CropScience in its
request for an extension of a
determination of nonregulated status, an
analysis of other scientific data, and
comments received from the public in
response to a previous notice and
preliminary determination. This notice
also announces the availability of our
written determination, final
environmental assessment, and our
finding of no significant impact.
EFFECTIVE DATE: November 24, 2006.
ADDRESSES: You may read the extension
request, the final environmental
assessment, finding of no significant
impact, the comments we received on
our previous notice, and our responses
to those comments in our reading room
or on the Internet. 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) 690–2817 before
E:\FR\FM\04DEN1.SGM
04DEN1
Federal Register / Vol. 71, No. 232 / Monday, December 4, 2006 / Notices
mstockstill on PROD1PC61 with NOTICES
coming. To view those documents on
the Internet, go to https://
www.regulations.gov, click on the
‘‘Advanced Search’’ tab, and select
‘‘Docket Search.’’ In the Docket ID field,
enter APHIS–2006–0140, then click
‘‘Submit.’’ Clicking on the Docket ID
link in the search results page will
produce a list of all documents in the
docket.
FOR FURTHER INFORMATION CONTACT: Dr.
Neil Hoffman, Biotechnology Regulatory
Services, APHIS, 4700 River Road Unit
147, Riverdale, MD 20737–1236; (301)
734–6331,
neil.e.hoffman@aphis.usda.gov. To
obtain copies of the extension request or
the environmental assessment (EA) and
finding of no significant impact
(FONSI), contact Mr. Steve Bennett at
(301) 734–5672; e-mail:
steven.m.bennett@aphis.usda.gov. The
extension request, final EA, response to
comments, and FONSI are also available
on the Internet at https://
www.aphis.usda.gov/brs/aphisdocs/
06_23401p.pdf and https://
www.aphis.usda.gov/brs/aphisdocs/
06_23401p_ea.pdf.
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 organisms and
products are considered ‘‘regulated
articles.’’
The regulations in § 340.6(a) provide
that any person may submit a petition
to the Animal and Plant Health
Inspection Service (APHIS) seeking a
determination that an article should not
be regulated under 7 CFR part 340.
Further, the regulations in § 340.6(e)(2)
provide that a person may request that
APHIS extend a determination of
nonregulated status to other organisms.
Such a request must include
information to establish the similarity of
the antecedent organism and the
regulated article in question.
Background
On August 18, 2006, APHIS received
a request for an extension of a
determination of nonregulated status
(APHIS No. 06–234–01p) from Bayer
CropScience (Bayer) of Research
Triangle Park, NC, for rice (Oryza sativa
VerDate Aug<31>2005
11:51 Dec 01, 2006
Jkt 211001
L.) designated as Liberty Link
Transformation Event LLRICE601,
which has been genetically engineered
for tolerance to the herbicide
glufosinate. Bayer requested an
extension of a determination of
nonregulated status issued in response
to APHIS petition number 98–329–01p
for glufosinate-tolerant rice
transformation events LLRICE06 and
LLRICE62, the antecedent organisms
(See 64 FR 22595, published April 27,
1999, Docket No. 98–126–2). Based on
the similarity of the antecedent rice
lines LLRICE06 and LLRICE62 and rice
line LLRICE601, Bayer CropScience
requested a determination that rice line
LLRICE601 does not present a plant pest
risk and, therefore, is not a regulated
article under APHIS’ regulations in 7
CFR part 340.
On July 31, 2006, Bayer CropScience
notified APHIS that trace levels of
LLRICE601 were detected in long grain
commercial rice. Subsequently, Bayer
CropScience supplied APHIS and the
Food and Drug Administration (FDA)
with information about the molecular
characterization and agronomic
performance of LLRICE601. APHIS
completed a preliminary risk
assessment and determined that
LLRICE601 did not pose any plant pest
or environmental concerns. This risk
assessment is attached as appendix I to
the final environmental assessment
(EA).
On September 8, 2006, APHIS
published a notice in the Federal
Register (71 FR 53076–53077, Docket
No. APHIS–2006–0140) announcing that
an EA and a preliminary decision for
the Bayer extension request had been
prepared and was available for public
comment. The analysis upon which
APHIS based its preliminary decision
was also published within that notice.
APHIS received 15,871 comments on
the subject EA and preliminary decision
during the designated 30-day public
comment period, which ended October
10, 2006. Of the 15,871 comments,
15,517 opposed the extension request.
Respondents opposing the extension
request were 12 public interest groups,
academic professionals, organic food
producers, and individuals. Of these
comments, 10,500 nearly identical
comments were submitted by members
of 1 public interest group and 4,796
nearly identical comments were
submitted by members of another public
interest group. There were 354
comments supporting the extension of
nonregulated status to LLRICE601.
Respondents supporting the petition
were rice growers, millers (or from
related industries), rice industry groups,
academia, a commodity company, a
PO 00000
Frm 00002
Fmt 4703
Sfmt 4703
70361
State government agency, and
individuals. APHIS has addressed the
issues raised during the comment
period and has provided responses to
these comments as attachments to the
finding of no significant impact
(FONSI).
Decision
Based on an analysis of the data
submitted by Bayer and a review of
other scientific data, APHIS has
determined that rice transformation
event LLRICE601 is very similar to the
antecedent organisms in APHIS petition
number 98–329–01p and poses no more
potential for plant pest risk than the
antecedent organisms. Therefore, APHIS
has concluded that rice line LLRICE601
and any progeny derived from crosses
with other rice varieties will be as safe
to grow as rice that is not subject to
regulation under 7 CFR part 340.
Because APHIS has determined that
the subject rice line does not present a
plant pest risk based on its similarity to
the antecedent organisms, Bayer rice
line LLRICE601 will no longer be
considered a regulated article under
APHIS’ regulations in 7 CFR part 340.
Therefore, the requirements pertaining
to regulated articles under those
regulations no longer apply to the field
testing, importation, or interstate
movement of LLRICE601 or its progeny.
National Environmental Policy Act
To provide the public with
documentation of APHIS’ review and
analysis of any potential environmental
impacts associated with the extension of
a determination of nonregulated status
for LLRICE601, an EA was prepared.
The EA was prepared in accordance
with (1) The National Environmental
Policy Act of 1969 (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). Based on
that EA, APHIS has reached a FONSI
with regard to the determination that
Bayer rice line LLRICE601 and lines
developed from it are no longer
regulated articles under its regulations
in 7 CFR part 340. Copies of the EA and
FONSI are available as indicated in the
FOR FURTHER INFORMATION CONTACT
section of this notice.
E:\FR\FM\04DEN1.SGM
04DEN1
70362
Federal Register / Vol. 71, No. 232 / Monday, December 4, 2006 / Notices
Done in Washington, DC, this 29th day of
November 2006.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. E6–20516 Filed 12–1–06; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF COMMERCE
International Trade Administration
[A–570–893]
Certain Frozen Warmwater Shrimp
From the People’s Republic of China:
Final Results of the Antidumping Duty
New Shipper Review
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: On July 6, 2006, the
Department of Commerce (‘‘the
Department’’) published in the Federal
Register the preliminary results of the
new shipper review of the antidumping
duty order on certain frozen warmwater
shrimp from the People’s Republic of
China (‘‘PRC’’) for Zhanjiang Regal
Integrated Marine Resources Co., Ltd.
(‘‘Zhanjiang Regal’’). See Certain Frozen
Warmwater Shrimp from the People’s
Republic of China: Preliminary Results
of the Antidumping Duty New Shipper
Review, 71 FR 38368 (July 6, 2006)
(‘‘Preliminary Results’’). We gave
interested parties an opportunity to
comment on the Preliminary Results. No
party submitted a case brief in the
instant review and we made no changes
to the Preliminary Results. Therefore,
we continue to find that Zhanjiang
Regal did not sell subject merchandise
at less than normal value during the
period of review (‘‘POR’’) July 16, 2004,
through July 31, 2005.
EFFECTIVE DATE: December 4, 2006.
FOR FURTHER INFORMATION CONTACT:
Javier Barrientos, AD/CVD Operations,
Office 9, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street and Constitution Avenue, NW.,
Washington, DC 20230; telephone: (202)
482–2243.
SUPPLEMENTARY INFORMATION:
mstockstill on PROD1PC61 with NOTICES
AGENCY:
Case History
Subsequent to the Preliminary
Results, on August 18, 2006, the
Department implemented the temporary
suspension of the new shipper bonding
provision in this review, in accordance
with the Pension Protection Act of 2006,
Pub. L. No. 109–280, Sec. 1632, 120
Stat. 780 (2006), which was signed into
law on August 17, 2006. The legislation
VerDate Aug<31>2005
11:51 Dec 01, 2006
Jkt 211001
suspended the ability of a U.S. importer
to satisfy the antidumping duty deposit
requirements by posting a bond or other
security deposit in lieu of a cash deposit
with U.S. Customs and Border
Protection (CBP) during the period of
April 1, 2006 to June 30, 2009. On
September 20, 2006, the Department
published in the Federal Register a
notice extending the deadline for the
final results. See Certain Frozen
Warmwater Shrimp from the People’s
Republic of China: Extension of Time
Limit for Final Results of the 2004/2005
Antidumping Duty New Shipper Review,
71 FR 54978 (September 20, 2006). On
September 22, 2006, we placed
additional entry documents on the
record in which an importer listed
Zhanjiang Regal as the producer of
shrimp exported to the United States.1
On September 22, 2006, we issued
Zhanjiang Regal a supplemental
questionnaire. On September 29, 2006,
Zhanjiang Regal submitted its response
to this questionnaire. No party
submitted case briefs.
Scope of the Order
The scope of this order includes
certain warmwater shrimp and prawns,
whether frozen, wild-caught (ocean
harvested) or farm-raised (produced by
aquaculture), head-on or head-off, shellon or peeled, tail-on or tail-off
(including the telson and the uropods),
deveined or not deveined, cooked or
raw, or otherwise processed in frozen
form.
The frozen warmwater shrimp and
prawn products included in the scope of
this order, regardless of definitions in
the Harmonized Tariff Schedule of the
United States (HTSUS), are products
which are processed from warmwater
shrimp and prawns through freezing
and which are sold in any count size.
The products described above may be
processed from any species of
warmwater shrimp and prawns.
Warmwater shrimp and prawns are
generally classified in, but are not
limited to, the penaiedae family. Some
examples of the farmed and wild-caught
warmwater species include, but are not
limited to, whiteleg shrimp (penaeus
vannemei), banana prawn (penaeus
merguiensis), fleshy prawn (penaeus
chinensis), giant river prawn
(macrobrachium rosenbergii), giant tiger
prawn (penaeus monodon), redspotted
shrimp (penaeus brasiliensis), southern
brown shrimp (penaeus subtilis),
1 Although these additional entries were not
reported during the course of the review, there is
nothing on the record demonstrating that Zhanjiang
Regal knew or had reason to believe that these
additional entries were destined for the United
States.
PO 00000
Frm 00003
Fmt 4703
Sfmt 4703
southern pink shrimp (penaeus
notialis), southern rough shrimp
(trachypenaeus curvirostris), southern
white shrimp (penaeus schmitti), blue
shrimp (penaeus stylirostris), western
white shrimp (penaeus occidentalis),
and indian white prawn (penaeus
indicus).
Frozen shrimp and prawns that are
packed with marinade, spices or sauce
are included in the scope of this order.
In addition, food preparations, which
are not ‘‘prepared meals,’’ that contain
more than 20 percent by weight of
shrimp or prawn are also included in
the scope of this order.
Excluded from the scope are: (1)
Breaded shrimp and prawns (HTSUS
subheading 1605.20.10.20); (2) shrimp
and prawns generally classified in the
pandalidae family and commonly
referred to as coldwater shrimp, in any
state of processing; (3) fresh shrimp and
prawns whether shell-on or peeled
(HTSUS subheadings 0306.23.00.20 and
0306.23.00.40); (4) shrimp and prawns
in prepared meals (HTSUS subheading
1605.20.05.10); (5) dried shrimp and
prawns; (6) Lee Kum Kee’s shrimp
sauce; (7) canned warmwater shrimp
and prawns (HTSUS subheading
1605.20.10.40); (8) certain dusted
shrimp; and (9) certain battered shrimp.
Dusted shrimp is a shrimp-based
product: (1) That is produced from fresh
(or thawed-from-frozen) and peeled
shrimp; (2) to which a ‘‘dusting’’ layer
of rice or wheat flour of at least 95
percent purity has been applied; (3)
with the entire surface of the shrimp
flesh thoroughly and evenly coated with
the flour; (4) with the non-shrimp
content of the end product constituting
between four and ten percent of the
product’s total weight after being
dusted, but prior to being frozen; (5) that
is subjected to individually quick frozen
(IQF) freezing immediately after
application of the dusting layer.
Battered shrimp is a shrimp-based
product that, when dusted in
accordance with the definition of
dusting above, is coated with a wet
viscous layer containing egg and/or
milk, and par-fried.
The products covered by this order
are currently classified under the
following HTSUS subheadings:
0306.13.00.03, 0306.13.00.06,
0306.13.00.09, 0306.13.00.12,
0306.13.00.15, 0306.13.00.18,
0306.13.00.21, 0306.13.00.24,
0306.13.00.27, 0306.13.00.40,
1605.20.10.10, and 1605.20.10.30. These
HTSUS subheadings are provided for
convenience and for Customs purposes
only and are dispositive, but rather the
written description of the scope of this
order is dispositive.
E:\FR\FM\04DEN1.SGM
04DEN1
Agencies
[Federal Register Volume 71, Number 232 (Monday, December 4, 2006)]
[Notices]
[Pages 70360-70362]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E6-20516]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
[Docket No. APHIS-2006-0140]
Bayer CropScience; Extension of Determination of Nonregulated
Status to Rice Genetically Engineered for Glufosinate Herbicide
Tolerance
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: We are advising the public of our decision to extend a
determination of nonregulated status to a rice line developed by Bayer
CropScience, which has been genetically engineered to be tolerant to
the herbicide glufosinate. Therefore, APHIS no longer considers the
rice line to be a regulated article under Agency regulations governing
the introduction of certain genetically engineered organisms. Our
decision is based on our evaluation of data submitted by Bayer
CropScience in its request for an extension of a determination of
nonregulated status, an analysis of other scientific data, and comments
received from the public in response to a previous notice and
preliminary determination. This notice also announces the availability
of our written determination, final environmental assessment, and our
finding of no significant impact.
EFFECTIVE DATE: November 24, 2006.
ADDRESSES: You may read the extension request, the final environmental
assessment, finding of no significant impact, the comments we received
on our previous notice, and our responses to those comments in our
reading room or on the Internet. 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) 690-2817 before
[[Page 70361]]
coming. To view those documents on the Internet, go to https://
www.regulations.gov, click on the ``Advanced Search'' tab, and select
``Docket Search.'' In the Docket ID field, enter APHIS-2006-0140, then
click ``Submit.'' Clicking on the Docket ID link in the search results
page will produce a list of all documents in the docket.
FOR FURTHER INFORMATION CONTACT: Dr. Neil Hoffman, Biotechnology
Regulatory Services, APHIS, 4700 River Road Unit 147, Riverdale, MD
20737-1236; (301) 734-6331, neil.e.hoffman@aphis.usda.gov. To obtain
copies of the extension request or the environmental assessment (EA)
and finding of no significant impact (FONSI), contact Mr. Steve Bennett
at (301) 734-5672; e-mail: steven.m.bennett@aphis.usda.gov. The
extension request, final EA, response to comments, and FONSI are also
available on the Internet at https://www.aphis.usda.gov/brs/
aphisdocs/06_23401p.pdf and https://www.aphis.usda.gov/brs/
aphisdocs/06_23401p_ea.pdf.
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 organisms and
products are considered ``regulated articles.''
The regulations in Sec. 340.6(a) provide that any person may
submit a petition to the Animal and Plant Health Inspection Service
(APHIS) seeking a determination that an article should not be regulated
under 7 CFR part 340. Further, the regulations in Sec. 340.6(e)(2)
provide that a person may request that APHIS extend a determination of
nonregulated status to other organisms. Such a request must include
information to establish the similarity of the antecedent organism and
the regulated article in question.
Background
On August 18, 2006, APHIS received a request for an extension of a
determination of nonregulated status (APHIS No. 06-234-01p) from Bayer
CropScience (Bayer) of Research Triangle Park, NC, for rice (Oryza
sativa L.) designated as Liberty Link[supreg] Transformation Event
LLRICE601, which has been genetically engineered for tolerance to the
herbicide glufosinate. Bayer requested an extension of a determination
of nonregulated status issued in response to APHIS petition number 98-
329-01p for glufosinate-tolerant rice transformation events LLRICE06
and LLRICE62, the antecedent organisms (See 64 FR 22595, published
April 27, 1999, Docket No. 98-126-2). Based on the similarity of the
antecedent rice lines LLRICE06 and LLRICE62 and rice line LLRICE601,
Bayer CropScience requested a determination that rice line LLRICE601
does not present a plant pest risk and, therefore, is not a regulated
article under APHIS' regulations in 7 CFR part 340.
On July 31, 2006, Bayer CropScience notified APHIS that trace
levels of LLRICE601 were detected in long grain commercial rice.
Subsequently, Bayer CropScience supplied APHIS and the Food and Drug
Administration (FDA) with information about the molecular
characterization and agronomic performance of LLRICE601. APHIS
completed a preliminary risk assessment and determined that LLRICE601
did not pose any plant pest or environmental concerns. This risk
assessment is attached as appendix I to the final environmental
assessment (EA).
On September 8, 2006, APHIS published a notice in the Federal
Register (71 FR 53076-53077, Docket No. APHIS-2006-0140) announcing
that an EA and a preliminary decision for the Bayer extension request
had been prepared and was available for public comment. The analysis
upon which APHIS based its preliminary decision was also published
within that notice. APHIS received 15,871 comments on the subject EA
and preliminary decision during the designated 30-day public comment
period, which ended October 10, 2006. Of the 15,871 comments, 15,517
opposed the extension request. Respondents opposing the extension
request were 12 public interest groups, academic professionals, organic
food producers, and individuals. Of these comments, 10,500 nearly
identical comments were submitted by members of 1 public interest group
and 4,796 nearly identical comments were submitted by members of
another public interest group. There were 354 comments supporting the
extension of nonregulated status to LLRICE601. Respondents supporting
the petition were rice growers, millers (or from related industries),
rice industry groups, academia, a commodity company, a State government
agency, and individuals. APHIS has addressed the issues raised during
the comment period and has provided responses to these comments as
attachments to the finding of no significant impact (FONSI).
Decision
Based on an analysis of the data submitted by Bayer and a review of
other scientific data, APHIS has determined that rice transformation
event LLRICE601 is very similar to the antecedent organisms in APHIS
petition number 98-329-01p and poses no more potential for plant pest
risk than the antecedent organisms. Therefore, APHIS has concluded that
rice line LLRICE601 and any progeny derived from crosses with other
rice varieties will be as safe to grow as rice that is not subject to
regulation under 7 CFR part 340.
Because APHIS has determined that the subject rice line does not
present a plant pest risk based on its similarity to the antecedent
organisms, Bayer rice line LLRICE601 will no longer be considered a
regulated article under APHIS' regulations in 7 CFR part 340.
Therefore, the requirements pertaining to regulated articles under
those regulations no longer apply to the field testing, importation, or
interstate movement of LLRICE601 or its progeny.
National Environmental Policy Act
To provide the public with documentation of APHIS' review and
analysis of any potential environmental impacts associated with the
extension of a determination of nonregulated status for LLRICE601, an
EA was prepared. The EA was prepared in accordance with (1) The
National Environmental Policy Act of 1969 (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). Based on that EA,
APHIS has reached a FONSI with regard to the determination that Bayer
rice line LLRICE601 and lines developed from it are no longer regulated
articles under its regulations in 7 CFR part 340. Copies of the EA and
FONSI are available as indicated in the FOR FURTHER INFORMATION CONTACT
section of this notice.
[[Page 70362]]
Done in Washington, DC, this 29th day of November 2006.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E6-20516 Filed 12-1-06; 8:45 am]
BILLING CODE 3410-34-P