Monsanto Company and KWS SAAT AG; Decision With Respect to the Petition for Partial Deregulation of Genetically Engineered Roundup Ready Sugar Beets, 6759-6761 [2011-2878]
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Federal Register / Vol. 76, No. 26 / Tuesday, February 8, 2011 / Notices
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[FR Doc. 2011–2733 Filed 2–7–11; 8:45 am]
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[FR Doc. 2011–2728 Filed 2–7–11; 8:45 am]
BILLING CODE 3410–11–P
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
[Docket No. APHIS–2010–0047]
Monsanto Company and KWS SAAT
AG; Decision With Respect to the
Petition for Partial Deregulation of
Genetically Engineered Roundup
Ready Sugar Beets
Animal and Plant Health
Inspection Service, USDA.
ACTION: Notice.
AGENCY:
PO 00000
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Fmt 4703
Sfmt 4703
6759
We are advising the public of
our decision to ‘‘partially deregulate’’
Roundup Ready® sugar beets developed
by the Monsanto Company (Monsanto)
and KWS SAAT AG (KWS), designated
as event H7–1, in response to a
supplemental Monsanto/KWS petition
requesting partial deregulation of event
H7–1. APHIS has determined that it
will, for an interim period of time, grant
the petition in part. APHIS will grant a
partial deregulation for event H7–1
sugar beet root crop production
activities when conducted under certain
mandatory conditions. APHIS has
decided not to grant partial deregulation
for event H7–1 sugar beet seed crop
production. Rather, APHIS has decided
that event H7–1 sugar beet seed
production shall remain regulated under
APHIS’ regulations governing the
introduction of certain genetically
engineered organisms. Our decision
granting the petition in part on an
interim basis is based on our evaluation
of data submitted by Monsanto and
KWS in its supplemental petition for a
determination of ‘‘partial deregulation,’’
our analysis of other scientific data, and
comments received from the public in
response to our previous notice
announcing the availability of the
environmental assessment (EA)
associated with the supplemental
petition for partial deregulation. This
notice also announces the availability of
our written decision, final EA, and
finding of no significant impact.
DATES: Effective Date: February 8, 2011.
ADDRESSES: You may read the
documents referenced in this notice and
the 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) 690–2817 before
coming.
Documents referenced in this notice
are also available on the Internet at
https://www.regulations.gov/fdmspublic/
component/
main?main=DocketDetail&d=APHIS–
2010–0047.
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.
David Reinhold, Assistant Director,
Environmental Risk Analysis Programs,
BRS, APHIS, 4700 River Road Unit 146,
Riverdale, MD 20737–1238; (301) 734–
0660.
SUMMARY:
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08FEN1
6760
Federal Register / Vol. 76, No. 26 / Tuesday, February 8, 2011 / Notices
To enter into a compliance agreement
to introduce event H7–1 sugar beet root
crop, contact APHIS’ Regulatory
Operations Programs at (301) 734–5301.
To obtain copies of the documents
referenced in this notice, contact Ms.
Cindy Eck at (301) 734–0667, e-mail:
cynthia.a.eck@aphis.usda.gov.
SUPPLEMENTARY INFORMATION:
srobinson on DSKHWCL6B1PROD with NOTICES
Background
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 4, 2010, the Animal
and Plant Health Inspection Service
(APHIS) published a notice 1 in the
Federal Register (75 FR 67945–67946,
Docket No. APHIS–2010–0047)
announcing the availability of an
environmental assessment for a
supplemental petition from the
Monsanto Company (Monsanto) and
KWS SAAT AG (KWS) requesting
‘‘partial deregulation’’ or similar
administrative action under 7 CFR part
340 (referred to below as the
regulations) for sugar beets (Beta
vulgaris ssp. vulgaris) designated as
event H7–1. These sugar beets have
been genetically engineered for
tolerance to the herbicide glyphosate
and are considered regulated articles
under the regulations in 7 CFR part 340.
The supplemental petition seeks action
by APHIS that would authorize the
continued cultivation of H7–1 sugar
beets, subject to carefully tailored
interim measures.
APHIS received 3,722 comments
during the comment period. There were
3,058 comments from groups or
individuals who supported the ‘‘partial
deregulation’’ and 633 from those who
opposed the ‘‘partial deregulation.’’
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.
1 To review the notice and the supporting and
related material, go to https://
www.regulations.gov;fdmspublic/component/
main?main=DocketDetail&d=APHIS–2010–0047.
VerDate Mar<15>2010
18:16 Feb 07, 2011
Jkt 223001
The supplemental petition is related
to a petition submitted by Monsanto and
KWS to APHIS on November 19, 2003,
seeking a determination of nonregulated
status for event H7–1 sugar beets
(Petition 03–323–01). On October 19,
2004, APHIS published a notice in the
Federal Register (69 FR 61466–61467,
Docket No. 04–075–1) announcing that
the Monsanto/KWS petition and an
environmental assessment (EA) were
available for public review. On March
17, 2005, we published a notice in the
Federal Register (70 FR 13007–13008,
Docket No. 04–075–2) advising the
public of our determination, effective
March 4, 2005, that event H7–1 sugar
beets were fully deregulated and no
longer considered a regulated article
under the regulations. On September 21,
2009, the U.S. District Court for the
Northern District of California issued a
ruling in a lawsuit challenging APHIS’
decision to deregulate event H7–1 sugar
beets, finding that APHIS should have
completed an environmental impact
statement (EIS) prior to granting full
deregulation of H7–1 sugar beets. Later,
on August 13, 2010, the Court vacated
APHIS’ decision to deregulate event
H7–1 sugar beets until APHIS prepares
a full EIS prior to a further decision on
the petition for full deregulation and
remanded the matter to APHIS.
Accordingly, event H7–1 sugar beets
once again became a regulated article
subject to APHIS’ regulatory oversight
under 7 CFR part 340 and the Plant
Protection Act.
National Environmental Policy Act
To provide the public with
documentation of APHIS’ review and
analysis of any potential environmental
impacts associated with Monsanto/
KWS’ petition for ‘‘partial deregulation’’
for event H7–1 sugar beets, an 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).
The draft EA considered and
evaluated a range of alternatives.
APHIS’ preferred alternative is an
interim partial deregulation—a
combination of alternatives 2 and 3. The
preferred alternative incorporates
specific aspects of both alternatives 2
and 3. Under this preferred alternative,
pursuant to § 340.6 of the regulations,
APHIS will partially deregulate the
event H7–1 sugar beet root crop. APHIS
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
has determined that they will not be
subject to requirements of 7 CFR part
340 if they are grown under the
mandatory conditions established by
APHIS. Event H7–1 sugar beet root crop
production activities conducted under
these mandatory conditions will not be
considered regulated under 7 CFR part
340. Event H7–1 sugar beet seed crop
will remain regulated subject to
requirements of 7 CFR part 340,
requiring a permit or notification for
movement and environmental release.
Under the partial, conditional
deregulation, APHIS will require
compliance with mandatory conditions
for the root crop that will restrict its
movement and environmental release
via APHIS compliance agreements
authorized under the Plant Protection
Act. Any person who wants to enter into
a compliance agreement must first
contact APHIS’ Regulatory Operations
Programs by calling the phone number
listed under FOR FURTHER INFORMATION
CONTACT to enter into a compliance
agreement in advance of the
introduction.
This preferred alternative, including a
conditional, partial deregulation, is an
interim action that is limited in scope
and duration and will neither result in
significant impacts to the human
environment nor prejudice any decision
to be analyzed in the forthcoming EIS
for a determination regarding full
deregulation of event H7–1 sugar beets.
APHIS has determined that the
mandatory conditions imposed
pursuant to the partial deregulation of
event H7–1 sugar beet root crop, as well
as permitting of the seed crop under 7
CFR part 340, ensures that the
implementation of this interim
regulatory action will not result in any
environmental impacts which may
significantly affect the quality of the
human environment. The mandatory
conditions will also effectively ensure
that no potentially harmful economic or
marketing impacts will occur in the
interim while APHIS completes its EIS
prior to making a determination on
whether or not to grant full
nonregulated status to event H7–1 sugar
beets.
Determination
Based on APHIS’ analysis of data
submitted by Monsanto and KWS,
references provided in the petition,
information analyzed in the plant pest
risk assessment and the EA, comments
provided by the public, and information
provided in APHIS’ response to those
public comments, APHIS has
determined that event H7–1 sugar beet
root crop grown under mandatory
conditions is unlikely to pose a plant
E:\FR\FM\08FEN1.SGM
08FEN1
Federal Register / Vol. 76, No. 26 / Tuesday, February 8, 2011 / Notices
pest risk and should not be subject to
the requirements of 7 CFR part 340.
APHIS has reached this determination
based on its plant pest risk assessment.
APHIS has determined that event H7–1
sugar beet root crop production does not
pose a plant pest risk and should not be
subject to the requirements of our
regulations in 7 CFR part 340 if grown
under the mandatory conditions
established by APHIS. Further, APHIS
has concluded that granting partial
deregulation of the H7–1 sugar beet root
crop under certain conditions and
allowing the seed crop to be planted
under the requirements of 7 CFR part
340 will have no significant
environmental effect on the human
environment.
This granting of a partial deregulation
for root crop production is an interim
partial deregulation for the root crop
with required conditions until an EIS is
completed regarding the Monsanto/
KWS petition for a full deregulation of
event H7–1. APHIS expects to complete
the EIS by May 2012, but unforeseen
conditions may affect the specific
completion date of the EIS. This interim
partial deregulation of event H7–1 root
crop and root production activities,
along with the interim permitting of
event H7–1 seed crop under 7 CFR part
340, will remain in effect through
December 31, 2012, to allow the
harvesting and processing of the 2012
commercial root crop and seed crop
unless APHIS issues a final EIS, record
of decision, and a determination
decision for a full deregulation of event
H7–1 sugar beets before those harvests
are completed in 2012.
Copies of the signed determination
document, as well as copies of the
petition, pest risk assessment, EA,
finding of no significant impact, and
response to comments are available as
indicated in the ADDRESSES and FOR
FURTHER INFORMATION CONTACT sections
of this notice.
srobinson on DSKHWCL6B1PROD with NOTICES
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 4th day of
February 2011.
Cindy J. Smith,
Administrator, Animal and Plant Health
Inspection Service.
[FR Doc. 2011–2878 Filed 2–7–11; 8:45 am]
BILLING CODE 3410–34–P
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18:16 Feb 07, 2011
Jkt 223001
DEPARTMENT OF AGRICULTURE
Forest Service
Daniel Boone National Forest
Resource Advisory Committee
AGENCY:
ACTION:
6761
Dated: February 1, 2011.
Frank R. Beum,
Forest Supervisor, Daniel Boone National
Forest.
[FR Doc. 2011–2682 Filed 2–7–11; 8:45 am]
BILLING CODE 3410–11–P
Forest Service, USDA.
Notice of meeting.
DEPARTMENT OF AGRICULTURE
The Daniel Boone National
Forest Resource Advisory Committee
will meet in London, Kentucky. The
committee is authorized under the
Secure Rural Schools and Community
Self-Determination Act (Pub. L. 110–
343) and in compliance with the Federal
Advisory Committee Act. The primary
objective of the meeting is to review
proposed project applications.
Forest Service
The meeting will be held on
Monday, March 7, 2011 at 6 p.m. EST.
SUMMARY:
SUMMARY:
DATES:
The meeting will be held at
the Cumberland Valley Area
Development District, 342 Old Whitley
Road, London, KY 40744 in a meeting
room on the basement floor. Written
comments should be sent to Kimberly
Morgan, Daniel Boone National Forest,
1700 Bypass Road, Winchester, KY
40391. Comments may also be sent via
e-mail to kmorgan@fs.fed.us or via
facsimile to 859–744–1568. All
comments, including names and
addresses when provided, are placed in
the record and are available for public
inspection and copying. The public may
inspect received comments at Daniel
Boone National Forest, 1700 Bypass
Road, Winchester, KY 40391. Visitors
are encouraged to call ahead at 859–
745–3100 to arrange an appointment.
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Kimberly Morgan, RAC Coordinator,
USDA, Daniel Boone National Forest,
1700 Bypass Road, Winchester, KY
40391; (859) 745–3100; E-mail
kmorgan@fs.fed.us. Individuals who use
telecommunication devices for the deaf
(TDD) may call the Federal Information
Relay Service (FIRS) at 1–800–877–8339
between 8 a.m. and 8 p.m., Eastern
Standard Time, Monday through Friday.
The
meeting is open to the public. The
following business will be conducted:
(1) Review committee operating guide;
(2) Discuss mileage reimbursement for
committee members; (3) Review and
discuss submitted project applications;
(4) Vote to approve project proposals;
and (5) Public Comments. Persons who
wish to bring related matters to the
attention of the Resource Advisory
Committee may file written statements
with the committee staff before or after
the meeting.
SUPPLEMENTARY INFORMATION:
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
Federal Advisory Committee Meeting
To Be Held Authorized Under the
Secure Rural Schools Act and
Community Self-Determination Act,
Public Law 110–343
Forest Service, USDA
Announcement of meeting.
AGENCY:
ACTION:
On February 28, 2011, the
U.S. Forest Service will host a meeting
of the federally designated Secure Rural
Schools Resource Advisory Committee
(RAC). The public is invited to attend
the meeting and provide input. A
Secure Rural Schools RAC provides
advice and recommendations to the
Forest Service on the development and
implementation of special projects as
authorized under the Secure Rural
Schools and Community SelfDetermination Act, Public Law 110–343.
DATES: The meeting will be held on
February 28, 2011 from 12–4.
ADDRESSES: The meeting location is U.S.
Forest Service, Osceola Ranger District,
24874 U.S. Highway 90, Olustee,
Florida 32072.
FOR FURTHER INFORMATION CONTACT:
Denise Rains, Public Services Staff
Officer, 850–523–8568, e-mail
drains@fs.fed.us.
SUPPLEMENTARY INFORMATION: Florida’s
RAC consists of 15 people selected to
serve on the committee by Secretary of
Agriculture Tom Vilsack. Members are
from throughout the state and represent
varied interests and areas of expertise.
They will work collaboratively to
improve working relationships among
community members and national forest
personnel.
Five Florida counties, Liberty,
Wakulla, Columbia, Baker and Marion,
elected to set aside a percentage of their
Secure Rural Schools payment. Counties
receive a payment annually for having
National Forest lands within their
boundaries. The RAC will ultimately
review and recommend projects to be
funded from this money.
Projects approved must benefit
National Forests lands and can maintain
infrastructure, improve the health of
watersheds and ecosystems, protect
communities, and strengthen local
economies.
E:\FR\FM\08FEN1.SGM
08FEN1
Agencies
[Federal Register Volume 76, Number 26 (Tuesday, February 8, 2011)]
[Notices]
[Pages 6759-6761]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-2878]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
[Docket No. APHIS-2010-0047]
Monsanto Company and KWS SAAT AG; Decision With Respect to the
Petition for Partial Deregulation of Genetically Engineered Roundup
Ready Sugar Beets
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: We are advising the public of our decision to ``partially
deregulate'' Roundup Ready[supreg] sugar beets developed by the
Monsanto Company (Monsanto) and KWS SAAT AG (KWS), designated as event
H7-1, in response to a supplemental Monsanto/KWS petition requesting
partial deregulation of event H7-1. APHIS has determined that it will,
for an interim period of time, grant the petition in part. APHIS will
grant a partial deregulation for event H7-1 sugar beet root crop
production activities when conducted under certain mandatory
conditions. APHIS has decided not to grant partial deregulation for
event H7-1 sugar beet seed crop production. Rather, APHIS has decided
that event H7-1 sugar beet seed production shall remain regulated under
APHIS' regulations governing the introduction of certain genetically
engineered organisms. Our decision granting the petition in part on an
interim basis is based on our evaluation of data submitted by Monsanto
and KWS in its supplemental petition for a determination of ``partial
deregulation,'' our analysis of other scientific data, and comments
received from the public in response to our previous notice announcing
the availability of the environmental assessment (EA) associated with
the supplemental petition for partial deregulation. This notice also
announces the availability of our written decision, final EA, and
finding of no significant impact.
DATES: Effective Date: February 8, 2011.
ADDRESSES: You may read the documents referenced in this notice and the
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) 690-2817 before coming.
Documents referenced in this notice are also available on the
Internet at https://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2010-0047.
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. David Reinhold, Assistant
Director, Environmental Risk Analysis Programs, BRS, APHIS, 4700 River
Road Unit 146, Riverdale, MD 20737-1238; (301) 734-0660.
[[Page 6760]]
To enter into a compliance agreement to introduce event H7-1 sugar
beet root crop, contact APHIS' Regulatory Operations Programs at (301)
734-5301. To obtain copies of the documents referenced in this notice,
contact Ms. Cindy Eck at (301) 734-0667, e-mail:
cynthia.a.eck@aphis.usda.gov.
SUPPLEMENTARY INFORMATION:
Background
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 4, 2010, the Animal and Plant Health Inspection Service
(APHIS) published a notice \1\ in the Federal Register (75 FR 67945-
67946, Docket No. APHIS-2010-0047) announcing the availability of an
environmental assessment for a supplemental petition from the Monsanto
Company (Monsanto) and KWS SAAT AG (KWS) requesting ``partial
deregulation'' or similar administrative action under 7 CFR part 340
(referred to below as the regulations) for sugar beets (Beta vulgaris
ssp. vulgaris) designated as event H7-1. These sugar beets have been
genetically engineered for tolerance to the herbicide glyphosate and
are considered regulated articles under the regulations in 7 CFR part
340. The supplemental petition seeks action by APHIS that would
authorize the continued cultivation of H7-1 sugar beets, subject to
carefully tailored interim measures.
---------------------------------------------------------------------------
\1\ To review the notice and the supporting and related
material, go to https://www.regulations.gov;fdmspublic/component/
main?main=Docket Detail&d=APHIS-2010-0047.
---------------------------------------------------------------------------
APHIS received 3,722 comments during the comment period. There were
3,058 comments from groups or individuals who supported the ``partial
deregulation'' and 633 from those who opposed the ``partial
deregulation.'' 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.
The supplemental petition is related to a petition submitted by
Monsanto and KWS to APHIS on November 19, 2003, seeking a determination
of nonregulated status for event H7-1 sugar beets (Petition 03-323-01).
On October 19, 2004, APHIS published a notice in the Federal Register
(69 FR 61466-61467, Docket No. 04-075-1) announcing that the Monsanto/
KWS petition and an environmental assessment (EA) were available for
public review. On March 17, 2005, we published a notice in the Federal
Register (70 FR 13007-13008, Docket No. 04-075-2) advising the public
of our determination, effective March 4, 2005, that event H7-1 sugar
beets were fully deregulated and no longer considered a regulated
article under the regulations. On September 21, 2009, the U.S. District
Court for the Northern District of California issued a ruling in a
lawsuit challenging APHIS' decision to deregulate event H7-1 sugar
beets, finding that APHIS should have completed an environmental impact
statement (EIS) prior to granting full deregulation of H7-1 sugar
beets. Later, on August 13, 2010, the Court vacated APHIS' decision to
deregulate event H7-1 sugar beets until APHIS prepares a full EIS prior
to a further decision on the petition for full deregulation and
remanded the matter to APHIS. Accordingly, event H7-1 sugar beets once
again became a regulated article subject to APHIS' regulatory oversight
under 7 CFR part 340 and the Plant Protection Act.
National Environmental Policy Act
To provide the public with documentation of APHIS' review and
analysis of any potential environmental impacts associated with
Monsanto/KWS' petition for ``partial deregulation'' for event H7-1
sugar beets, an 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).
The draft EA considered and evaluated a range of alternatives.
APHIS' preferred alternative is an interim partial deregulation--a
combination of alternatives 2 and 3. The preferred alternative
incorporates specific aspects of both alternatives 2 and 3. Under this
preferred alternative, pursuant to Sec. 340.6 of the regulations,
APHIS will partially deregulate the event H7-1 sugar beet root crop.
APHIS has determined that they will not be subject to requirements of 7
CFR part 340 if they are grown under the mandatory conditions
established by APHIS. Event H7-1 sugar beet root crop production
activities conducted under these mandatory conditions will not be
considered regulated under 7 CFR part 340. Event H7-1 sugar beet seed
crop will remain regulated subject to requirements of 7 CFR part 340,
requiring a permit or notification for movement and environmental
release.
Under the partial, conditional deregulation, APHIS will require
compliance with mandatory conditions for the root crop that will
restrict its movement and environmental release via APHIS compliance
agreements authorized under the Plant Protection Act. Any person who
wants to enter into a compliance agreement must first contact APHIS'
Regulatory Operations Programs by calling the phone number listed under
FOR FURTHER INFORMATION CONTACT to enter into a compliance agreement in
advance of the introduction.
This preferred alternative, including a conditional, partial
deregulation, is an interim action that is limited in scope and
duration and will neither result in significant impacts to the human
environment nor prejudice any decision to be analyzed in the
forthcoming EIS for a determination regarding full deregulation of
event H7-1 sugar beets. APHIS has determined that the mandatory
conditions imposed pursuant to the partial deregulation of event H7-1
sugar beet root crop, as well as permitting of the seed crop under 7
CFR part 340, ensures that the implementation of this interim
regulatory action will not result in any environmental impacts which
may significantly affect the quality of the human environment. The
mandatory conditions will also effectively ensure that no potentially
harmful economic or marketing impacts will occur in the interim while
APHIS completes its EIS prior to making a determination on whether or
not to grant full nonregulated status to event H7-1 sugar beets.
Determination
Based on APHIS' analysis of data submitted by Monsanto and KWS,
references provided in the petition, information analyzed in the plant
pest risk assessment and the EA, comments provided by the public, and
information provided in APHIS' response to those public comments, APHIS
has determined that event H7-1 sugar beet root crop grown under
mandatory conditions is unlikely to pose a plant
[[Page 6761]]
pest risk and should not be subject to the requirements of 7 CFR part
340. APHIS has reached this determination based on its plant pest risk
assessment. APHIS has determined that event H7-1 sugar beet root crop
production does not pose a plant pest risk and should not be subject to
the requirements of our regulations in 7 CFR part 340 if grown under
the mandatory conditions established by APHIS. Further, APHIS has
concluded that granting partial deregulation of the H7-1 sugar beet
root crop under certain conditions and allowing the seed crop to be
planted under the requirements of 7 CFR part 340 will have no
significant environmental effect on the human environment.
This granting of a partial deregulation for root crop production is
an interim partial deregulation for the root crop with required
conditions until an EIS is completed regarding the Monsanto/KWS
petition for a full deregulation of event H7-1. APHIS expects to
complete the EIS by May 2012, but unforeseen conditions may affect the
specific completion date of the EIS. This interim partial deregulation
of event H7-1 root crop and root production activities, along with the
interim permitting of event H7-1 seed crop under 7 CFR part 340, will
remain in effect through December 31, 2012, to allow the harvesting and
processing of the 2012 commercial root crop and seed crop unless APHIS
issues a final EIS, record of decision, and a determination decision
for a full deregulation of event H7-1 sugar beets before those harvests
are completed in 2012.
Copies of the signed determination document, as well as copies of
the petition, pest risk assessment, EA, finding of no significant
impact, and response to comments 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 4th day of February 2011.
Cindy J. Smith,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2011-2878 Filed 2-7-11; 8:45 am]
BILLING CODE 3410-34-P