Forage Genetics International; Supplemental Request for Partial Deregulation of Roundup Ready Alfalfa, 68321-68322 [2010-27985]

Download as PDF Federal Register / Vol. 75, No. 214 / Friday, November 5, 2010 / Notices Dated: November 1, 2010. Lynn D. Kolund, District Ranger. watersheds and ecosystems, protect communities, and strengthen local economies. The agenda for the December 8th meeting of the Cherokee National Forest RAC will focus on review and consideration of any proposed projects. RAC meetings are open to the public. [FR Doc. 2010–27988 Filed 11–4–10; 8:45 am] BILLING CODE 3410–11–P DEPARTMENT OF AGRICULTURE Forest Service H. Thomas Speaks, Jr, Forest Supervisor, Cherokee National Forest. November 1, 2010 [FR Doc. 2010–27999 Filed 11–4–10; 8:45 am] Notice of Public Meeting, Cherokee National Forest Resource Advisory Committee. BILLING CODE 3410–11–M ACTION: mstockstill on DSKH9S0YB1PROD with NOTICES DEPARTMENT OF AGRICULTURE In accordance with the Secure Rural Schools and Community Self Determination Act of 2000 (Pub. L. 106–393), [as reauthonized as part of Public Law 110–343] and the Federal Advisory Committee Act of 1972 (FACA), the U.S. Department of Agriculture, Forest Service, Cherokee National Forest Resource Advisory Committee (RAC) will meet as indicated below. DATES: The Cherokee National Forest RAC meeting will be conducted on Wednesday, December 8, 2010 from 12:30 p.m.–4:30 p.m. ADDRESSES: McGhee Tyson Airport, 2055 Alcoa Highway, Alcoa, TN 37701. Meeting visitors should park in the main airport parking garage and bring their parking ticket to the meeting for validation. Take the centrally located elevator in the passenger terminal to the 3rd floor and see the receptionist for directions to the meeting room. FOR FURTHER INFORMATION CONTACT: Terry Bowerman, Designated Federal Official, Cherokee National Forest, 4900 Asheville Hwy SR 70, Greeneville, TN 37743: Telephone: 423–638–4109, e-mail: tbowerman@fs.fed.us. SUPPLEMENTARY INFORMATION: The Cherokee National Forest Resource Advisory Committee (RAC) proposes projects and funding to the the Secretary of Agriculture under Section 203 of the Secure Rural Schools and Community Self Determination Act of 2000, (as reauthorized as part of Pub. L. 110–343). The Cherokee National Forest RAC consists of 15 people selected to serve on the committee by Secretary of Agriculture Tom Vilsack. Two Tennessee counties, Cocke and Monroe, are setting aside a percentage of their Secure Rural Schools Act payment under Title II of the Act to be used for projects on federal land. The RAC will ultimately review and recommend projects to be funded from this money. Projects approved must benefit National Forests lands. Projects can maintain infrastructure, improve the health of SUMMARY: VerDate Mar<15>2010 17:16 Nov 04, 2010 Jkt 223001 Forest Service Notice of Southwest Idaho Resource Advisory Committee Meeting Forest Service, USDA. Notice of meeting. AGENCY: ACTION: Pursuant to the authorities in the Federal Advisory Committee Act (Pub. L. 92–463) and under the Secure Rural Schools and Community SelfDetermination Act of 2000, as amended, (Pub. L. 110–343), the Boise, Payette, and Sawtooth National Forests’ Southwest Idaho Resource Advisory Committee will conduct a business meeting. The meeting is open to the public. SUMMARY: Tuesday November 9, 2010, beginning at 10:30 a.m. DATES: Idaho Counties Risk Management Program Building, 3100 South Vista Avenue, Boise, Idaho. SUPPLEMENTARY INFORMATION: Agenda topics will include review and approval of project proposals, and is an open public forum. FOR FURTHER INFORMATION CONTACT: Kim Pierson, Designated Federal Official, at (208) 347–0301 or e-mail kpierson@fs.fed.us. ADDRESSES: Dated: October 29, 2010. Suzanne C. Rainville, Forest Supervisor, Payette National Forest. [FR Doc. 2010–27997 Filed 11–4–10; 8:45 am] BILLING CODE 3410–11–M DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service [Docket No. APHIS–2007–0044] Forage Genetics International; Supplemental Request for Partial Deregulation of Roundup Ready Alfalfa Animal and Plant Health Inspection Service, USDA. AGENCY: PO 00000 Frm 00007 Fmt 4703 Sfmt 4703 ACTION: 68321 Notice. The Animal and Plant Inspection Service has received a supplemental request for ‘‘partial deregulation’’ from Forage Genetics International for the planting, harvesting, and movement interstate of Roundup Ready® alfalfa under measures designed to ensure any risks posed by cultivation are mitigated. This notice seeks to inform interested or affected persons of the availability of the documents submitted to the Agency from Forage Genetics International requesting a ‘‘partial deregulation.’’ ADDRESSES: You may view the request for ‘‘partial deregulation’’ on the Regulations.gov Web site (see https:// www.regulations.gov/fdmspublic/ component/ main?main=DocketDetail&d=APHIS2007-0044) or on the APHIS Web site (see https://www.aphis.usda.gov/brs/ aphisdocs/04_11001p_pea2.pdf). Copies may also be obtained from the person listed under FOR FURTHER INFORMATION CONTACT. Other Information: Additional information about APHIS and its programs is available on the Internet at https://www.aphis.usda.gov. FOR FURTHER INFORMATION CONTACT: Mr. Rick Coker, Biotechnology Regulatory Services, APHIS, 4700 River Road, Unit 146, Riverdale, MD 20737–1236; (301) 734–5720. To obtain copies of the supplemental request for ‘‘partial deregulation,’’ contact Ms. Cindy Eck at (301) 734–0667, e-mail: cynthia.a.eck@aphis.usda.gov. SUMMARY: 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.’’ On November 24, 2004, APHIS published a notice in the Federal Register (69 FR 68300–68301, Docket No. 04–085–1) announcing receipt of a petition from the Monsanto Company (Monsanto) and Forage Genetics International (FGI) requesting a determination of nonregulated status under 7 CFR part 340 for alfalfa (Medicago sativa L.) designated as SUPPLEMENTARY INFORMATION: E:\FR\FM\05NON1.SGM 05NON1 mstockstill on DSKH9S0YB1PROD with NOTICES 68322 Federal Register / Vol. 75, No. 214 / Friday, November 5, 2010 / Notices events J101 and J163, which have been genetically engineered for tolerance to the herbicide glyphosate. The petition stated that this article should not be regulated by APHIS because it is unlikely to pose a plant pest risk. APHIS also announced in that notice the availability of a draft environmental assessment (EA) examining the potential environmental impacts of the proposed action in accordance with National Environmental Policy Act requirements for the proposed determination of nonregulated status. Following review of public comments and completion of the EA, we published another notice in the Federal Register on June 27, 2005 (70 FR 36917–36919, Docket No. 04– 085–3), advising the public of our determination, effective June 14, 2005, that the Monsanto/FGI alfalfa events J101 and J163 were no longer considered regulated articles under APHIS regulations in 7 CFR part 340. On February 13, 2007, the U.S. District Court for the Northern District of California issued a ruling in a lawsuit filed by the Center for Food Safety— along with several other nonprofit organizations and alfalfa growers— challenging our decision to deregulate alfalfa events J101 and J163 (referred to in the lawsuit as Roundup Ready® alfalfa, or ‘‘RRA’’), pursuant to the Plant Protection Act (PPA), as amended, and in compliance with the Administrative Procedure Act and the National Environmental Policy Act (NEPA) of 1969, as amended (42 U.S.C. 4321 et seq.). Under the provisions of NEPA, agencies must examine the potential environmental impacts of proposed major Federal actions, and the District Court ruled that APHIS’ EA failed to consider certain environmental and interrelated economic impacts. As a result, the Court ruled that APHIS is required to prepare an environmental impact statement (EIS). On March 12, 2007, the Court vacated the deregulation determination, returning RRA to regulated status under 7 CFR part 340, and issued an injunction which enjoined the Agency from taking any further action related to RRA until an EIS was completed by APHIS. Accordingly, APHIS published a notice 1 of intent to prepare an EIS in the Federal Register on January 7, 2008 (73 FR 1198–1200, Docket No. APHIS– 2007–0044) soliciting comments on the scope and nature of issues the Agency should consider in preparing the EIS. After reviewing the comments, we 1 The notice, as well as comments received and supporting and related materials, can be viewed at https://www.regulations.gov/fdmspublic/component/ main?main=DocketDetail&d=APHIS–2007–0044. VerDate Mar<15>2010 17:16 Nov 04, 2010 Jkt 223001 published (see footnote 1) a notice of availability of a draft EIS in the Federal Register on January 12, 2010 (75 FR 1585–1586, Docket No. APHIS–2007– 0044) soliciting comments on the draft EIS. Subsequently, on June 21, 2010, the U.S. Supreme Court reversed the decision of the lower court which had mandated an injunction of any further planting of RRA or any other regulatory action by APHIS related to RRA until completion of an EIS. The U.S. Supreme Court remanded the case back to the 9th Circuit Court of Appeals which further remanded the case back to the U.S. District Court for the Northern District of California. Following the U.S. Supreme Court decision, FGI submitted a supplemental request for ‘‘partial deregulation’’ or similar administrative action for RRA, along with an accompanying ‘‘Environmental Report,’’ to allow the future planting, harvesting, and interstate movement of RRA crops under conditions designed to ensure any risks posed by the introduction of RRA into the environment are thoroughly mitigated. APHIS is evaluating this supplemental request and will be making a decision on it in the future. Meanwhile, the Agency is working to complete and publish the final EIS and record of decision for RRA. APHIS is notifying the public that its receipt of this supplemental request for ‘‘partial deregulation’’ and this notice to the public regarding it in no way indicates that the Agency agrees with the petitioners’ description, application, or implementation of a ‘‘partial deregulation.’’ Such matters and related issues are solely determined by APHIS pursuant to its PPA statutory authority and its biotechnology regulations in 7 CFR part 340. 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, November 1, 2010. Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. 2010–27985 Filed 11–4–10; 8:45 am] BILLING CODE 3410–34–P DEPARTMENT OF COMMERCE following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. Chapter 35). Agency: National Oceanic and Atmospheric Administration (NOAA). Title: Alaska Crab Reports. OMB Control Number: 0648–0570. Form Number(s): NA. Type of Request: Regular submission (renewal of an existing information collection). Number of Respondents: 16. Average Hours Per Response: Eligible crab community organization annual report, 40 hours; registered crab receiver ex-vessel volume and value report, 2 hours. Burden Hours: 100. Needs and Uses: Fishery Management Plans (FMP) are developed under the authority of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1801 et seq.) The FMP for Bering Sea and Aleutian Islands (BSAI) Crab includes the Crab Rationalization (CR) Program, a limited access system that allocates BSAI Management Area Crab resources among harvesters, processors, and coastal communities. The intent of the CR Program Crab Reports is to monitor crab landings in the BSAI crab fisheries submitted to the National Marine Fisheries Service. Affected Public: Business or other forprofit organizations. Frequency: Annually. Respondent’s Obligation: Required to obtain or retain benefits. OMB Desk Officer: OIRA_Submission@omb.eop.gov. Copies of the above information collection proposal can be obtained by calling or writing Diana Hynek, Departmental Paperwork Clearance Officer, (202) 482–0266, Department of Commerce, Room 6616, 14th and Constitution Avenue, NW., Washington, DC 20230 (or via the Internet at dHynek@doc.gov). Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to OIRA_Submission@omb.eop.gov. Submission for OMB Review; Comment Request The Department of Commerce will submit to the Office of Management and Budget (OMB) for clearance the Dated: November 2, 2010. Gwellnar Banks, Management Analyst, Office of the Chief Information Officer. [FR Doc. 2010–27984 Filed 11–4–10; 8:45 am] PO 00000 Frm 00008 Fmt 4703 Sfmt 9990 BILLING CODE 3510–22–P E:\FR\FM\05NON1.SGM 05NON1

Agencies

[Federal Register Volume 75, Number 214 (Friday, November 5, 2010)]
[Notices]
[Pages 68321-68322]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-27985]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2007-0044]


Forage Genetics International; Supplemental Request for Partial 
Deregulation of Roundup Ready Alfalfa

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The Animal and Plant Inspection Service has received a 
supplemental request for ``partial deregulation'' from Forage Genetics 
International for the planting, harvesting, and movement interstate of 
Roundup Ready[reg] alfalfa under measures designed to ensure any risks 
posed by cultivation are mitigated. This notice seeks to inform 
interested or affected persons of the availability of the documents 
submitted to the Agency from Forage Genetics International requesting a 
``partial deregulation.''

ADDRESSES: You may view the request for ``partial deregulation'' on the 
Regulations.gov Web site (see https://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2007-0044) or on the APHIS Web 
site (see https://www.aphis.usda.gov/brs/aphisdocs/04_11001p_pea2.pdf). Copies may also be obtained from the person listed under FOR 
FURTHER INFORMATION CONTACT.
    Other Information: Additional information about APHIS and its 
programs is available on the Internet at https://www.aphis.usda.gov.

FOR FURTHER INFORMATION CONTACT: Mr. Rick Coker, Biotechnology 
Regulatory Services, APHIS, 4700 River Road, Unit 146, Riverdale, MD 
20737-1236; (301) 734-5720. To obtain copies of the supplemental 
request for ``partial deregulation,'' contact Ms. Cindy Eck at (301) 
734-0667, e-mail: 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 organisms and 
products are considered ``regulated articles.''
    On November 24, 2004, APHIS published a notice in the Federal 
Register (69 FR 68300-68301, Docket No. 04-085-1) announcing receipt of 
a petition from the Monsanto Company (Monsanto) and Forage Genetics 
International (FGI) requesting a determination of nonregulated status 
under 7 CFR part 340 for alfalfa (Medicago sativa L.) designated as

[[Page 68322]]

events J101 and J163, which have been genetically engineered for 
tolerance to the herbicide glyphosate. The petition stated that this 
article should not be regulated by APHIS because it is unlikely to pose 
a plant pest risk. APHIS also announced in that notice the availability 
of a draft environmental assessment (EA) examining the potential 
environmental impacts of the proposed action in accordance with 
National Environmental Policy Act requirements for the proposed 
determination of nonregulated status. Following review of public 
comments and completion of the EA, we published another notice in the 
Federal Register on June 27, 2005 (70 FR 36917-36919, Docket No. 04-
085-3), advising the public of our determination, effective June 14, 
2005, that the Monsanto/FGI alfalfa events J101 and J163 were no longer 
considered regulated articles under APHIS regulations in 7 CFR part 
340.
    On February 13, 2007, the U.S. District Court for the Northern 
District of California issued a ruling in a lawsuit filed by the Center 
for Food Safety--along with several other nonprofit organizations and 
alfalfa growers--challenging our decision to deregulate alfalfa events 
J101 and J163 (referred to in the lawsuit as Roundup Ready[reg] 
alfalfa, or ``RRA''), pursuant to the Plant Protection Act (PPA), as 
amended, and in compliance with the Administrative Procedure Act and 
the National Environmental Policy Act (NEPA) of 1969, as amended (42 
U.S.C. 4321 et seq.). Under the provisions of NEPA, agencies must 
examine the potential environmental impacts of proposed major Federal 
actions, and the District Court ruled that APHIS' EA failed to consider 
certain environmental and interrelated economic impacts. As a result, 
the Court ruled that APHIS is required to prepare an environmental 
impact statement (EIS).
    On March 12, 2007, the Court vacated the deregulation 
determination, returning RRA to regulated status under 7 CFR part 340, 
and issued an injunction which enjoined the Agency from taking any 
further action related to RRA until an EIS was completed by APHIS. 
Accordingly, APHIS published a notice \1\ of intent to prepare an EIS 
in the Federal Register on January 7, 2008 (73 FR 1198-1200, Docket No. 
APHIS-2007-0044) soliciting comments on the scope and nature of issues 
the Agency should consider in preparing the EIS. After reviewing the 
comments, we published (see footnote 1) a notice of availability of a 
draft EIS in the Federal Register on January 12, 2010 (75 FR 1585-1586, 
Docket No. APHIS-2007-0044) soliciting comments on the draft EIS.
---------------------------------------------------------------------------

    \1\ The notice, as well as comments received and supporting and 
related materials, can be viewed at https://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2007-0044.
---------------------------------------------------------------------------

    Subsequently, on June 21, 2010, the U.S. Supreme Court reversed the 
decision of the lower court which had mandated an injunction of any 
further planting of RRA or any other regulatory action by APHIS related 
to RRA until completion of an EIS. The U.S. Supreme Court remanded the 
case back to the 9th Circuit Court of Appeals which further remanded 
the case back to the U.S. District Court for the Northern District of 
California.
    Following the U.S. Supreme Court decision, FGI submitted a 
supplemental request for ``partial deregulation'' or similar 
administrative action for RRA, along with an accompanying 
``Environmental Report,'' to allow the future planting, harvesting, and 
interstate movement of RRA crops under conditions designed to ensure 
any risks posed by the introduction of RRA into the environment are 
thoroughly mitigated.
    APHIS is evaluating this supplemental request and will be making a 
decision on it in the future. Meanwhile, the Agency is working to 
complete and publish the final EIS and record of decision for RRA. 
APHIS is notifying the public that its receipt of this supplemental 
request for ``partial deregulation'' and this notice to the public 
regarding it in no way indicates that the Agency agrees with the 
petitioners' description, application, or implementation of a ``partial 
deregulation.'' Such matters and related issues are solely determined 
by APHIS pursuant to its PPA statutory authority and its biotechnology 
regulations in 7 CFR part 340.

    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, November 1, 2010.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2010-27985 Filed 11-4-10; 8:45 am]
BILLING CODE 3410-34-P