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]

Download as PDF Federal Register / Vol. 76, No. 26 / Tuesday, February 8, 2011 / Notices Total Burden Hours: 1,091,785. Charlene Parker, Departmental Information Collection Clearance Officer. [FR Doc. 2011–2733 Filed 2–7–11; 8:45 am] BILLING CODE 3410–XT–P DEPARTMENT OF AGRICULTURE Submission for OMB Review; Comment Request srobinson on DSKHWCL6B1PROD with NOTICES February 3, 2011. The Department of Agriculture has submitted the following information collection requirement(s) to OMB for review and clearance under the Paperwork Reduction Act of 1995, Public Law 104–13. Comments regarding (a) whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility; (b) the accuracy of the agency’s estimate of burden including the validity of the methodology and assumptions used; (c) ways to enhance the quality, utility and clarity of the information to be collected; (d) ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques and other forms of information technology should be addressed to: Desk Officer for Agriculture, Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), OIRA_Submission@OMB.EOP.GOV or fax (202) 395–5806 and to Departmental Clearance Office, USDA, OCIO, Mail Stop 7602, Washington, D.C. 20250– 7602. Comments regarding these information collections are best assured of having their full effect if received within 30 days of this notification. Copies of the submission(s) may be obtained by calling (202) 720–8681. An agency may not conduct or sponsor a collection of information unless the collection of information displays a currently valid OMB control number and the agency informs potential persons who are to respond to the collection of information that such persons are not required to respond to the collection of information unless it displays a currently valid OMB control number. Forest Service Title: Contract Operations and Administration. OMB Control Number: 0596–NEW. VerDate Mar<15>2010 18:16 Feb 07, 2011 Jkt 223001 Summary of Collection: The Forest Service (FS) is authorized under the National Forest Management Act (16 U.S.C. 472a); Food, Conservation, and Energy Act of 2008; 7 CFR 3017; Executive Order 11246, as amended by EO 11375 and EO 12086; 36 CFR 223.30–60 and 36 CFR 223.110–118; 40 CFR 112 and Forest Resources Conservation and Shortage Relief Act of 1990, § 620d Monitoring and Enforcement, as amended in 1997 by Public Law 105–83 and current through Public Law 110–450 to collect information associated with operations and administration of bilateral contracts for the sale of timber and other forest products. Need and Use of the Information: The information is needed by the FS for a variety of uses associated with operations and administration of contracts for the sale of timber and other forest products. The information collected includes plans, requests, agreements and notices necessary for operations under the terms of the contracts. Each contract specifies the information the contractor will be required to provide, including the timing and frequency of the information collection. The information is submitted in a variety of formats including FS forms; Government Standard forms; forms developed by individual contractors, charts, maps, e-mail messages and letters. Description of Respondents: Business or other for-profit; Farms; Not-for-profit institutions. Number of Respondents: 1,539. Frequency of Responses: Reporting: Annually; Semi-annually; Monthly; On occasion. Total Burden Hours: 91,355. Charlene Parker, Departmental Information Collection Clearance Officer. [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 Frm 00004 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: E:\FR\FM\08FEN1.SGM 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 VerDate Mar<15>2010 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
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