Notice of Intent To Grant Exclusive License, 45164-45165 [E9-20928]
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Federal Register / Vol. 74, No. 168 / Tuesday, September 1, 2009 / Notices
transformation. The marker gene is
commonly used and enables researchers
to select those plant tissues that have
been successfully transformed with the
gene of interest. The resistance to PRSV
appears to be conferred through post
transcriptional gene silencing.
Transformation event X17–2 has been
considered a regulated article under the
regulations in 7 CFR part 340 because it
contains gene sequences from plant
pathogens. X17–2 papaya has been field
tested in the United States since 1999
under notifications acknowledged by
the U.S. Department of Agriculture
(USDA). In the process of reviewing the
notifications for field trials of the
subject papaya plants, APHIS
determined that the vectors and other
elements were disarmed and that trials,
which were conducted under conditions
of reproductive and physical
confinement or isolation, would not
present a risk of plant pest introduction
or dissemination. APHIS presented two
alternatives in the draft environmental
assessment (EA) based on its analyses of
data submitted by the University of
Florida, a review of other scientific data,
as well as data gathered from field tests
conducted under APHIS oversight: (1)
Take no action (X17–2 papaya remains
a regulated article); or (2) deregulate
X17–2 papaya in whole (the preferred
alternative).
In a notice 1 published in the Federal
Register on September 2, 2008 (73 FR
51267–51268, Docket No. APHIS–2008–
0054), APHIS announced the
availability of the University of Florida’s
petition and on APHIS’ associated draft
EA for public comment. APHIS solicited
comments on whether the subject
papaya would present a plant pest risk
and on its EA for the deregulation
petition. APHIS received over 12,000
comments by the close of the 60-day
comment period, which ended on
November 3, 2008. There were 18
comments from scientific organizations
or individuals that supported
deregulation. One individual supported
deregulation as long as the taste of
organic papayas was not damaged.
Approximately 175 unique comments
opposed to the deregulation were
submitted. The remaining
approximately 12,000 comments were
form letters opposing deregulation in
principle; all of those letters raised
essentially identical points and had
been compiled by organizations
generally opposed to genetic
engineering of plants. APHIS has
addressed the issues raised during the
comment period and has provided
responses to these comments as an
attachment to the finding of no
significant impact (FONSI).
1 To view the notice, petition, EA, and the
comments we received, go to https://
www.regulations.gov/fdmspublic/component/
main?main=DocketDetail&d=APHIS-2008-0054.
National Environmental Policy Act
To provide the public with
documentation of APHIS’
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17:18 Aug 31, 2009
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Determination
Based on APHIS’ analysis of field,
greenhouse, and laboratory data
submitted by the University of Florida,
references provided in the petition,
additional scientific data, information
described in the EA, comments
provided by the public, and APHIS’
evaluation of those comments, APHIS
has determined that X17–2 papaya will
not pose a plant pest risk for the
following reasons: (1) Disease
susceptibility and compositional
profiles of X17–2 are similar to other
papaya varieties, therefore no direct or
indirect effects on raw or processed
plant commodities are expected; (2)
X17–2 will not hybridize with any
native papaya species, although it may
hybridize with feral or other Carica
papaya plants; known mitigation
methods to exclude GE pollen are
described and lead APHIS to conclude
that significant effects on both organic
and conventional growers are unlikely;
(3) it exhibits no characteristics that
would cause it to be more weedy than
the non-genetically engineered papaya
from which it was developed or other
papayas; (4) X17–2 does not exhibit
changes in pest or disease susceptibility
(other than resistance to PRSV),
therefore significant impacts on
biodiversity of papaya or other
organisms in the environment are
unlikely; (5) in assessing viral
interaction issues, APHIS considered
the potential for recombination,
heteroencapsidation and synergy and
concluded that the likelihood of
development of new viruses or viruses
with novel/altered properties is very
low; (6) the anti-viral activity of the
inserted genes does not pose risks to
non-target organisms, including
beneficial organisms and threatened and
endangered species; (7) compared to
current papaya PRSV management
practices, cultivation of X17–2 should
not significantly impact standard
agricultural practices or commercial
uses of papaya; (8) multiple years of
growing X17–2 papaya has not resulted
in observable changes to the
environment, therefore APHIS
concludes that significant cumulative
impacts resulting from granting X17–2
nonregulated status are unlikely to
occur.
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environmental review and analysis of
any potential environmental impacts
associated with the determination of
nonregulated status for X17–2 papaya,
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, other pertinent
scientific data, and its analyses of public
comments received on the EA, APHIS
has reached a FONSI with regard to the
determination that the University of
Florida’s X17–2 papaya line and lines
developed from it should not result in
any significant impacts once they 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 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 26th day of
August 2009.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. E9–21092 Filed 8–31–09; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF AGRICULTURE
Agricultural Research Service
Notice of Intent To Grant Exclusive
License
AGENCY: Agricultural Research Service,
USDA.
ACTION: Notice of intent.
SUMMARY: Notice is hereby given that
the U.S. Department of Agriculture,
Agricultural Research Service, intends
to grant to T. A. Seeds LLC of Jersey
Shore, Pennsylvania, an exclusive
license to the soybean variety described
in Plant Variety Protection Certificate
Number 200300169, ‘‘Moon Cake,’’
issued on December 15, 2003.
DATES: Comments must be received on
or before October 1, 2009.
ADDRESSES: Send comments to: USDA,
ARS, Office of Technology Transfer,
5601 Sunnyside Avenue, Rm. 4–1174,
Beltsville, Maryland 20705–5131.
FOR FURTHER INFORMATION CONTACT: June
Blalock of the Office of Technology
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Federal Register / Vol. 74, No. 168 / Tuesday, September 1, 2009 / Notices
Transfer at the Beltsville address given
above; telephone: 301–504–5989.
SUPPLEMENTARY INFORMATION: The
Federal Government’s rights in this
plant variety are assigned to the United
States of America, as represented by the
Secretary of Agriculture. It is in the
public interest to so license this variety
as T. A. Seeds LLC of Jersey Shore,
Pennsylvania has submitted a complete
and sufficient application for a license.
The prospective exclusive license will
be royalty-bearing and will comply with
the terms and conditions of 35 U.S.C.
209 and 37 CFR 404.7. The prospective
exclusive license may be granted unless,
within thirty (30) days from the date of
this published Notice, the Agricultural
Research Service receives written
evidence and argument which
establishes that the grant of the license
would not be consistent with the
requirements of 35 U.S.C. 209 and 37
CFR 404.7.
Richard J. Brenner,
Assistant Administrator.
[FR Doc. E9–20928 Filed 8–31–09; 8:45 am]
BILLING CODE 3410–03–P
DEPARTMENT OF AGRICULTURE
Forest Service
Notice of Proposed New Fee; Federal
Lands Recreation Enhancement Act,
(Title VIII, Pub. L. 108–447)
AGENCY: Dixie National Forest, USDA
Forest Service.
ACTION: Notice of proposed new fee.
public comment. The fee is proposed
and will be determined upon further
analysis and public comment. Funds
from fees would be used for the
continued operation and maintenance
and improvements of this guard station.
DATES: Comments will be accepted
through October 15, 2009. New fees
would begin May 2010.
ADDRESSES: Pine Valley Ranger District,
Attn: Recreation Fee Program, 196 E.
Tabernacle, Suite 38, St. George, Utah
84770 or https://www.fs.fed.us/r4/dixie/
contact/feedback.shtml (include
‘‘Recreation Fee Program’’ in the subject
line).
FOR FURTHER INFORMATION CONTACT:
Gretchen Merrill, Public Service Staff
Officer, 435–865–3741. Information
about proposed fee changes can also be
found on the Intermountain Region Web
site: https://www.fs.fed.us/r4/recreation/
rac/index.shtml.
SUPPLEMENTARY INFORMATION: The
Federal Recreation Lands Enhancement
Act (Title VII, Pub. L. 108–447) directed
the Secretary of Agriculture to publish
a six month advance notice in the
Federal Register whenever new
recreation fee areas are established.
Once public involvement is complete,
these new fees will be reviewed by a
Recreation Resource Advisory
Committee prior to a final decision and
implementation.
Dated: August 19, 2009.
Robert G. MacWhorter,
Forest Supervisor.
[FR Doc. E9–20853 Filed 8–31–09; 8:45 am]
BILLING CODE 3410–11–M
The Dixie National Forest is
proposing to charge a fee for overnight
rental of the Pine Valley Guard Station
of $75 in the summer and $40 in the
winter. This guard station has not been
available for recreation use prior to this
date. Rentals of other guard stations on
the Dixie National Forest have been very
popular, illustrating that people
appreciate and enjoy the availability of
these historic buildings.
The Pine Valley Guard Station is
located at the edge of the Pine Valley
Wilderness Area and within the Pine
Valley Recreation Area, and will sleep
up to six people. The site is located in
Washington County, Utah. The guard
station will have hot and cold running
water in the summer, flush toilet,
shower, electricity, refrigerator, and
wood stove. Bunks and all cooking and
eating utensils will be provided for
renters.
Determination of the fee price is based
on the level of amenities and services
provided, cost of operations and
maintenance, market assessment, and
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SUMMARY:
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DEPARTMENT OF AGRICULTURE
Rural Business-Cooperative Service
Announcement of Value-Added
Producer Grant Application Deadlines
AGENCY: Rural Business-Cooperative
Service, USDA.
ACTION: Notice of withdrawal of
Solicitation of Applications (NOSA) and
republication of Notice of Funds
Available (NOFA) Announcement of
Value-Added Producer Grant
Application Deadlines.
SUMMARY: Rural Development (RD)
previously withdrew the May 6, 2009
Federal Register notice (74 FR 20900),
which was published in error,
announcing the availability of
approximately $18 million in
competitive grants for fiscal year (FY)
2009 to help independent agricultural
producers enter into value-added
activities. This notice announces the
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45165
availability of approximately $18
million in competitive grants for fiscal
year (FY) 2009 to help independent
agricultural producers enter into or
expand value-added activities, with the
following clarifications and alterations:
(1) Highlights the inclusion of
Beginning and Socially Disadvantaged
farmers and ranchers, as well as
operators of Small and Medium-sized
farms or ranches that are structured as
a Family Farm, and provides more
weight in the scoring process, (2) deletes
contradictory language related to the
eligibility of applicants under the newly
allowable mid-tier value chain
provision by clarifying that the
applicant entity must be eligible under
the legislatively-stated categories (but
the network they are part of can include
virtually any type of organization), (3)
establishes the upper limit of ‘‘mediumsized farm’’ at between $250,001 and
$700,000 in annual gross sales of
agricultural product, (4) revises the list
of renewable energy technologies that
are eligible for funding, (5) clarifies that
different documentation standards
apply for Planning Grants versus
Working Capital Grants, (6) deletes
‘‘Innovation’’ as a specific scoring
criteria, (7) allows branding, packaging
and other means of product
differentiation as a component of a
value added strategy in all product
eligibility categories, and (8) provides a
90-day application period.
USDA Rural Development welcomes
projects that highlight innovative uses
of agricultural products. This may
include using existing agricultural
products in non-traditional ways and/or
merging agricultural products with
technology in creative ways. As with all
value-added efforts, generating new
products, creating expanded marketing
opportunities and increasing producer
income are the end goal. Applications
proposing to develop innovative,
sustainable products, businesses, or
marketing opportunities that accelerate
creation of new economic opportunities
and commercialization in the agri-food,
agri-science, or agriculture products
integrated or merged with other sciences
or technologies are invited. This may
include alternative uses of agricultural
products as well as, value-added
processing of agricultural commodities
to produce bio-materials (e.g. plastics,
fiberboard), green chemicals, functional
foods (e.g. lutin enhanced ‘‘power bar’’
snacks, soy enhanced products),
nutraceuticals, on-farm renewable
energy, and biofuels (e.g. ethanol, biodiesel).
Awards may be made for planning
activities or for working capital
expenses, but not for both. The
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Agencies
[Federal Register Volume 74, Number 168 (Tuesday, September 1, 2009)]
[Notices]
[Pages 45164-45165]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-20928]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Agricultural Research Service
Notice of Intent To Grant Exclusive License
AGENCY: Agricultural Research Service, USDA.
ACTION: Notice of intent.
-----------------------------------------------------------------------
SUMMARY: Notice is hereby given that the U.S. Department of
Agriculture, Agricultural Research Service, intends to grant to T. A.
Seeds LLC of Jersey Shore, Pennsylvania, an exclusive license to the
soybean variety described in Plant Variety Protection Certificate
Number 200300169, ``Moon Cake,'' issued on December 15, 2003.
DATES: Comments must be received on or before October 1, 2009.
ADDRESSES: Send comments to: USDA, ARS, Office of Technology Transfer,
5601 Sunnyside Avenue, Rm. 4-1174, Beltsville, Maryland 20705-5131.
FOR FURTHER INFORMATION CONTACT: June Blalock of the Office of
Technology
[[Page 45165]]
Transfer at the Beltsville address given above; telephone: 301-504-
5989.
SUPPLEMENTARY INFORMATION: The Federal Government's rights in this
plant variety are assigned to the United States of America, as
represented by the Secretary of Agriculture. It is in the public
interest to so license this variety as T. A. Seeds LLC of Jersey Shore,
Pennsylvania has submitted a complete and sufficient application for a
license. The prospective exclusive license will be royalty-bearing and
will comply with the terms and conditions of 35 U.S.C. 209 and 37 CFR
404.7. The prospective exclusive license may be granted unless, within
thirty (30) days from the date of this published Notice, the
Agricultural Research Service receives written evidence and argument
which establishes that the grant of the license would not be consistent
with the requirements of 35 U.S.C. 209 and 37 CFR 404.7.
Richard J. Brenner,
Assistant Administrator.
[FR Doc. E9-20928 Filed 8-31-09; 8:45 am]
BILLING CODE 3410-03-P