Determination of Regulated Status of Alfalfa Genetically Engineered for Tolerance to the Herbicide Glyphosate; Record of Decision, 5780-5781 [2011-2268]
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Federal Register / Vol. 76, No. 22 / Wednesday, February 2, 2011 / Notices
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
coming.
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.
Marc Phillips, Import Specialist,
Regulatory Coordination and
Compliance, PPQ, APHIS, 4700 River
Road Unit 133, Riverdale, MD 20737;
(301) 734–4394.
SUPPLEMENTARY INFORMATION:
srobinson on DSKHWCL6B1PROD with NOTICES
Background
Under the regulations in ‘‘Subpart—
Fruits and Vegetables’’ (7 CFR 319.56–1
through 319.56–50, referred to below as
the regulations), the Animal and Plant
Health Inspection Service (APHIS) of
the U.S. Department of Agriculture
prohibits or restricts the importation of
fruits and vegetables into the United
States from certain parts of the world to
prevent plant pests from being
introduced into and spread within the
United States.
Section 319.56–4 contains a
performance-based process for
approving the importation of
commodities that, based on the findings
of a pest risk analysis, can be safely
imported subject to one or more of the
designated phytosanitary measures
listed in paragraph (b) of that section.
These measures are:
• The fruits or vegetables are subject
to inspection upon arrival in the United
States and comply with all applicable
provisions of § 319.56–3;
• The fruits or vegetables are
imported from a pest-free area in the
country of origin that meets the
requirements of § 319.56–5 for freedom
from that pest and are accompanied by
a phytosanitary certificate stating that
the fruits or vegetables originated in a
pest-free area in the country of origin;
• The fruits or vegetables are treated
in accordance with 7 CFR part 305;
• The fruits or vegetables are
inspected in the country of origin by an
inspector or an official of the national
plant protection organization of the
exporting country, and have been found
free of one or more specific quarantine
pests identified by the risk analysis as
likely to follow the import pathway;
and/or
• The fruits or vegetables are
imported as a commercial consignment.
APHIS received a request from the
Government of the Republic of South
Africa to allow the importation of fresh
litchi fruits, Litchi chinensis, into the
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Jkt 223001
continental United States. Currently,
fresh litchi fruits are not authorized for
entry from the Republic of South Africa.
We completed a pest risk assessment to
identify pests of quarantine significance
that could follow the pathway of
importation if such imports were to be
allowed and, based on the pest risk
assessment, have prepared a risk
management document to identify
phytosanitary measures that could be
applied to the commodity to mitigate
the pest risks. We have concluded that
fresh litchi fruits can safely be imported
into the continental United States from
the Republic of South Africa using one
or more of the five designated
phytosanitary measures listed in
§ 319.56–4(b). Therefore, in accordance
with § 319.56–4(c)(2), we are
announcing the availability of our pest
risk analysis for public review and
comment. The analysis may be viewed
on the Regulations.gov Web site or in
our reading room (see ADDRESSES above
for instructions for accessing
Regulations.gov and information on the
location and hours of the reading room).
You may request paper copies of the
analysis by calling or writing to the
person listed under FOR FURTHER
INFORMATION CONTACT. Please refer to the
subject of the analysis that you wish to
review when requesting copies.
After reviewing any comments we
receive, we will announce our decision
regarding the import status of fresh
litchi fruits from the Republic of South
Africa in a subsequent notice. If the
overall conclusions of the analysis and
the Administrator’s determination of
risk remain unchanged following our
consideration of the comments, then we
will begin issuing permits for the
importation of fresh litchi fruits from
the Republic of South Africa into the
continental United States subject to the
requirements specified in the risk
management document.
Authority: 7 U.S.C. 450, 7701–7772, and
7781–7786; 21 U.S.C. 136 and 136a; 7 CFR
2.22, 2.80, and 371.3.
Done in Washington, DC, this 27th day of
January 2011.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. 2011–2235 Filed 2–1–11; 8:45 am]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
[Docket No. APHIS–2007–0044]
Determination of Regulated Status of
Alfalfa Genetically Engineered for
Tolerance to the Herbicide Glyphosate;
Record of Decision
Animal and Plant Health
Inspection Service, USDA.
ACTION: Notice.
AGENCY:
This notice advises the public
of the Animal and Plant Health
Inspection Service’s (APHIS) record of
decision and determination on the
petition regarding the regulated status of
alfalfa genetically engineered for
tolerance to the herbicide glyphosate
based on APHIS’ final environmental
impact statement.
FOR FURTHER INFORMATION CONTACT: Dr.
Rebecca L. Stankiewicz Gabel, Senior
Environmental Protection Specialist,
Environmental Risk Analysis Programs,
BRS, APHIS, 4700 River Road Unit 147,
Riverdale, MD 20737–1238; (301) 734–
5603. To obtain copies of the record of
decision or the final environmental
impact statement on which the record of
decision is based, contact Ms. Cindy Eck
at (301) 734–0667, e-mail:
cynthia.a.eck@aphis.usda.gov.
SUMMARY:
This
notice advises the public that the
Animal and Plant Health Inspection
Service (APHIS) has prepared a record
of decision and determination on the
petition regarding the regulated status of
alfalfa genetically engineered for
tolerance to the herbicide glyphosate
based on an environmental impact
statement (EIS) prepared in connection
with its determination.
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)
SUPPLEMENTARY INFORMATION:
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02FEN1
srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 76, No. 22 / Wednesday, February 2, 2011 / Notices
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.
In a notice published in the Federal
Register on June 27, 2005 (70 FR 36917–
36919, Docket No. 04–085–3), APHIS
advised the public of its determination,
effective June 14, 2005, that the
Monsanto and Forage Genetics
International GE glyphosate-tolerant
alfalfa lines designated as events J101
and J163 were no longer considered
regulated articles under the regulations
governing the introduction of certain GE
organisms. That determination was
subsequently challenged in the United
States District Court for the Northern
District of California by the Center for
Food Safety, other associations, and
several organic alfalfa growers. The
lawsuit alleged that APHIS’ decision to
deregulate the GE alfalfa events J101
and J163 violated the National
Environmental Policy Act (NEPA), the
Endangered Species Act, and the Plant
Protection Act.
On February 13, 2007, the court in
that case issued its memorandum and
order in which it determined that
APHIS had violated NEPA by not
preparing an EIS in connection with its
deregulation determination. The court
ruled that the environmental assessment
prepared by APHIS for its deregulation
determination failed to adequately
consider certain environmental impacts
in violation of NEPA. The deregulation
determination was vacated and APHIS
was directed by the court to prepare an
EIS in connection with making a new
determination on the regulated status of
the GE alfalfa.
On December 18, 2009, the
Environmental Protection Agency
published a notice in the Federal
Register (74 FR 67206–67207, Docket
No. ER–FRL–8986–6) announcing the
availability of a draft EIS in connection
with making a determination on the
regulated status of the GE alfalfa.
Comments on the draft EIS were to have
been received on or before February 16,
2010. APHIS subsequently published a
notice 1 in the Federal Register on
February 24, 2010 (75 FR 8299–8300,
Docket No. APHIS–2007–0044),
extending the comment period through
March 3, 2010.
In December 2010, APHIS published
and distributed the final EIS, which
included discussion of the public
1 This and the subsequent notices mentioned in
this notice, as well as comments received,
supporting and related materials, and other
documents can be viewed at https://
www.regulations.gov/fdmspublic/component/
main?main=DocketDetail&d=APHIS–2007–0044.
VerDate Mar<15>2010
16:00 Feb 01, 2011
Jkt 223001
5781
comments received on the draft EIS. On
December 23, 2010, the Environmental
Protection Agency published a notice in
the Federal Register (75 FR 80807–
80808, Docket No. ER–FRL–8994–3)
announcing the availability of the final
EIS. The NEPA implementing
regulations in 40 CFR 1506.10 require a
30-day review period between the time
a final EIS is published and the time an
agency makes a decision on an action
covered by the EIS. APHIS received
more than 16,000 comments on the final
EIS by the time this review period
ended on January 24, 2011.
APHIS has reviewed the final EIS and
has concluded that it has fully analyzed
the issues covered by the draft EIS and
those comments and suggestions
submitted by commenters. APHIS has
now prepared a record of decision based
on the final EIS and is making that
record available to the public. The
record of decision and the final EIS on
which the record of decision is based
may be viewed on the Internet at https://
www.regulations.gov/fdmspublic/
component/
main?main=DocketDetail&d=APHIS2007-0044. Copies of those documents
may also be obtained from the person
listed under FOR FURTHER INFORMATION
CONTACT.
The record of decision has been
prepared in accordance with: (1) NEPA,
(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).
and in compliance with the Federal
Advisory Committee Act. The purpose
is to continue the review of project
submittals.
DATES: The meeting will be held on
February 17, 2011, from 3 p.m. to 5:30
p.m.
ADDRESSES: The meeting will be held at
the Salt Lake County Government
Center, Room S1002, 2001 South State
Street, Salt Lake City, Utah. Written
comments should be sent to Loyal Clark,
Uinta-Wasatch-Cache National Forest,
88 West 100 North, Provo, Utah 84601.
Comments may also be sent via e-mail
to lfclark@fs.fed.us, via facsimile to
801–342–5144.
All comments, including names and
addresses when provided, are placed in
the record and are available for
inspection and copying. The public may
inspect comments received at the UintaWasatch-Cache National Forest, 88 West
100 North, Provo, Utah 84601.
FOR FURTHER INFORMATION CONTACT:
Loyal Clark, RAC Coordinator, USDA,
Uinta-Wasatch-Cache National Forest,
88 West 100 North, Provo, Utah 84601;
801–342–5117; lfclark@fs.fed.us.
SUPPLEMENTARY INFORMATION: The
meeting is open to the public. The
following business will be conducted:
(1) review Forest Service project
approval letter, and (2) review new
proposals. Persons who wish to bring
related matters to the attention of the
Committee may file written statements
with the Committee staff before or after
the meeting.
Done in Washington, DC, this January 27,
2011.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. 2011–2163 Filed 2–1–11; 8:45 am]
[FR Doc. 2011–2268 Filed 2–1–11; 8:45 am]
Agenda and Notice of Public Meeting
of the Texas Advisory Committee
BILLING CODE 3410–34–P
DEPARTMENT OF AGRICULTURE
Forest Service
Uinta-Wasatch-Cache National Forest
Resource Advisory Committee
Forest Service, USDA.
Notice of meeting.
AGENCY:
ACTION:
The Uinta-Wasatch-Cache
National Forest Resource Advisory
Committee will conduct a meeting in
Salt Lake City, Utah. The committee is
meeting as authorized under the Secure
Rural Schools and Community SelfDetermination Act (Pub. L. 110–343)
SUMMARY:
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Dated: January 21, 2011.
Cheryl Probert,
Deputy Forest Supervisor.
BILLING CODE P
COMMISSION ON CIVIL RIGHTS
Notice is hereby given, pursuant to
the provisions of the rules and
regulations of the U.S. Commission on
Civil Rights (Commission), and the
Federal Advisory Committee Act
(FACA), that a planning meeting of the
Texas Advisory Committee to the
Commission will convene by conference
call at 10 a.m. and adjourn at
approximately 12 noon on Wednesday,
February 23, 2011 at 2300 E. University
Drive, Denton, TX, 76206. The purpose
of this meeting is to discuss the
Committee’s civil rights project on
human trafficking.
Members of the public are entitled to
submit written comments; the
E:\FR\FM\02FEN1.SGM
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]]>Agencies
[Federal Register Volume 76, Number 22 (Wednesday, February 2, 2011)]
[Notices]
[Pages 5780-5781]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-2268]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
[Docket No. APHIS-2007-0044]
Determination of Regulated Status of Alfalfa Genetically
Engineered for Tolerance to the Herbicide Glyphosate; Record of
Decision
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: This notice advises the public of the Animal and Plant Health
Inspection Service's (APHIS) record of decision and determination on
the petition regarding the regulated status of alfalfa genetically
engineered for tolerance to the herbicide glyphosate based on APHIS'
final environmental impact statement.
FOR FURTHER INFORMATION CONTACT: Dr. Rebecca L. Stankiewicz Gabel,
Senior Environmental Protection Specialist, Environmental Risk Analysis
Programs, BRS, APHIS, 4700 River Road Unit 147, Riverdale, MD 20737-
1238; (301) 734-5603. To obtain copies of the record of decision or the
final environmental impact statement on which the record of decision is
based, contact Ms. Cindy Eck at (301) 734-0667, e-mail:
cynthia.a.eck@aphis.usda.gov.
SUPPLEMENTARY INFORMATION: This notice advises the public that the
Animal and Plant Health Inspection Service (APHIS) has prepared a
record of decision and determination on the petition regarding the
regulated status of alfalfa genetically engineered for tolerance to the
herbicide glyphosate based on an environmental impact statement (EIS)
prepared in connection with its determination.
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)
[[Page 5781]]
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.
In a notice published in the Federal Register on June 27, 2005 (70
FR 36917-36919, Docket No. 04-085-3), APHIS advised the public of its
determination, effective June 14, 2005, that the Monsanto and Forage
Genetics International GE glyphosate-tolerant alfalfa lines designated
as events J101 and J163 were no longer considered regulated articles
under the regulations governing the introduction of certain GE
organisms. That determination was subsequently challenged in the United
States District Court for the Northern District of California by the
Center for Food Safety, other associations, and several organic alfalfa
growers. The lawsuit alleged that APHIS' decision to deregulate the GE
alfalfa events J101 and J163 violated the National Environmental Policy
Act (NEPA), the Endangered Species Act, and the Plant Protection Act.
On February 13, 2007, the court in that case issued its memorandum
and order in which it determined that APHIS had violated NEPA by not
preparing an EIS in connection with its deregulation determination. The
court ruled that the environmental assessment prepared by APHIS for its
deregulation determination failed to adequately consider certain
environmental impacts in violation of NEPA. The deregulation
determination was vacated and APHIS was directed by the court to
prepare an EIS in connection with making a new determination on the
regulated status of the GE alfalfa.
On December 18, 2009, the Environmental Protection Agency published
a notice in the Federal Register (74 FR 67206-67207, Docket No. ER-FRL-
8986-6) announcing the availability of a draft EIS in connection with
making a determination on the regulated status of the GE alfalfa.
Comments on the draft EIS were to have been received on or before
February 16, 2010. APHIS subsequently published a notice \1\ in the
Federal Register on February 24, 2010 (75 FR 8299-8300, Docket No.
APHIS-2007-0044), extending the comment period through March 3, 2010.
---------------------------------------------------------------------------
\1\ This and the subsequent notices mentioned in this notice, as
well as comments received, supporting and related materials, and
other documents can be viewed at https://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2007-0044.
---------------------------------------------------------------------------
In December 2010, APHIS published and distributed the final EIS,
which included discussion of the public comments received on the draft
EIS. On December 23, 2010, the Environmental Protection Agency
published a notice in the Federal Register (75 FR 80807-80808, Docket
No. ER-FRL-8994-3) announcing the availability of the final EIS. The
NEPA implementing regulations in 40 CFR 1506.10 require a 30-day review
period between the time a final EIS is published and the time an agency
makes a decision on an action covered by the EIS. APHIS received more
than 16,000 comments on the final EIS by the time this review period
ended on January 24, 2011.
APHIS has reviewed the final EIS and has concluded that it has
fully analyzed the issues covered by the draft EIS and those comments
and suggestions submitted by commenters. APHIS has now prepared a
record of decision based on the final EIS and is making that record
available to the public. The record of decision and the final EIS on
which the record of decision is based may be viewed on the Internet at
https://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2007-0044. Copies of those documents may
also be obtained from the person listed under FOR FURTHER INFORMATION
CONTACT.
The record of decision has been prepared in accordance with: (1)
NEPA, (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).
Done in Washington, DC, this January 27, 2011.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2011-2268 Filed 2-1-11; 8:45 am]
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