The Scotts Co. and Monsanto Co.; Availability of Petition for Determination of Nonregulated Status of Creeping Bentgrass Genetically Engineered for Resistance to Glyphosate, 902-903 [2016-160]

Download as PDF 902 Notices Federal Register Vol. 81, No. 5 Friday, January 8, 2016 This section of the FEDERAL REGISTER contains documents other than rules or proposed rules that are applicable to the public. Notices of hearings and investigations, committee meetings, agency decisions and rulings, delegations of authority, filing of petitions and applications and agency statements of organization and functions are examples of documents appearing in this section. DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service [Docket No. APHIS–2015–0096] The Scotts Co. and Monsanto Co.; Availability of Petition for Determination of Nonregulated Status of Creeping Bentgrass Genetically Engineered for Resistance to Glyphosate Animal and Plant Health Inspection Service, USDA. ACTION: Notice. AGENCY: We are advising the public that the Animal and Plant Health Inspection Service has received a petition from the Scotts Company and Monsanto Company seeking a determination of nonregulated status of creeping bentgrass designated as event ASR368, which has been genetically engineered for resistance to the herbicide glyphosate. The petition has been submitted in accordance with our regulations concerning the introduction of certain genetically engineered organisms and products. We are making the Scotts Company and Monsanto Company petition available for review and comment to help us identify potential environmental and interrelated economic issues and impacts that the Animal and Plant Health Inspection Service may determine should be considered in our evaluation of the petition. DATES: We will consider all comments that we receive on or before March 8, 2016. asabaliauskas on DSK5VPTVN1PROD with NOTICES SUMMARY: You may submit comments by either of the following methods: • Federal eRulemaking Portal: Go to http://www.regulations.gov/ #!docketDetail;D=APHIS-2015-0096. • Postal Mail/Commercial Delivery: Send your comment to Docket No. APHIS–2015–0096, Regulatory Analysis ADDRESSES: VerDate Sep<11>2014 20:40 Jan 07, 2016 Jkt 238001 and Development, PPD, APHIS, Station 3A–03.8, 4700 River Road, Unit 118, Riverdale, MD 20737–1238. Supporting documents and any comments we receive on this docket may be viewed at http:// www.regulations.gov/ #!docketDetail;D=APHIS-2015-0096 or in our reading room, which 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) 799–7039 before coming. The petition is also available on the APHIS Web site at: http:// www.aphis.usda.gov/biotechnology/ petitions_table_pending.shtml under APHIS petition 15–300–01p. FOR FURTHER INFORMATION CONTACT: Dr. John Turner, Director, Environmental Risk Analysis Programs, Biotechnology Regulatory Services, APHIS, 4700 River Road, Unit 147, Riverdale, MD 20737– 1236; (301) 851–3954, email: john.t.turner@aphis.usda.gov. To obtain copies of the petition, contact Ms. Cindy Eck at (301) 851–3892, email: Cynthia.a.eck@aphis.usda.gov. SUPPLEMENTARY INFORMATION: Under the authority of the plant pest provisions of the Plant Protection Act (7 U.S.C. 7701 et seq.), 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 the Animal and Plant Health Inspection Service (APHIS) seeking a determination that an article should not be regulated under 7 CFR part 340. Paragraphs (b) and (c) 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. PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 APHIS has received a petition (APHIS Petition Number 15–300–01p) from the Scotts Company of Marysville, OH, and Monsanto Company of St. Louis, MO (Scotts/Monsanto), seeking a determination of nonregulated status of creeping bentgrass (Agrostis stolonifera L.) designated as event ASR368, which has been genetically engineered for resistance to the herbicide glyphosate. The Scotts/Monsanto petition states that information collected during field trials and laboratory analyses indicates that ASR368 bentgrass is not likely to be a plant pest and therefore should not be a regulated article under APHIS’ regulations in 7 CFR part 340. As described in the petition, ASR368 bentgrass contains the cp4 epsps gene from Agrobacterium sp. strain CP4 that confers resistance to the herbicide glyphosate. ASR368 bentgrass is currently regulated under 7 CFR part 340. Interstate movements and field tests of ASR368 bentgrass have been conducted under notifications acknowledged by APHIS. Field tests conducted under APHIS oversight allowed for evaluation in a natural agricultural setting while imposing measures to minimize the risk of persistence in the environment after completion of the tests. Data are gathered on multiple parameters and used by the applicant to evaluate agronomic characteristics and product performance. These and other data are used by APHIS to determine if the new variety poses a plant pest risk. Paragraph (d) of § 340.6 provides that APHIS will publish a notice in the Federal Register providing 60 days for public comment for petitions for a determination of nonregulated status. On March 6, 2012, we published in the Federal Register (77 FR 13258–13260, Docket No. APHIS–2011–0129) a notice 1 describing our process for soliciting public comment when considering petitions for determinations of nonregulated status for GE organisms. In that notice we indicated that APHIS would accept written comments regarding a petition once APHIS deemed it complete. In accordance with § 340.6(d) of the regulations and our process for soliciting public input when considering petitions for determinations 1 To view the notice, go to http:// www.regulations.gov/#!docketDetail;D=APHIS2011-0129. E:\FR\FM\08JAN1.SGM 08JAN1 asabaliauskas on DSK5VPTVN1PROD with NOTICES Federal Register / Vol. 81, No. 5 / Friday, January 8, 2016 / Notices of nonregulated status for GE organisms, we are publishing this notice to inform the public that APHIS will accept written comments regarding the petition for a determination of nonregulated status from interested or affected persons for a period of 60 days from the date of this notice. The petition is available for public review and comment, and copies are available as indicated under ADDRESSES and FOR FURTHER INFORMATION CONTACT above. We are interested in receiving comments regarding potential environmental and interrelated economic issues and impacts that APHIS may determine should be considered in our evaluation of the petition. We are particularly interested in receiving comments regarding biological, cultural, or ecological issues, and we encourage the submission of scientific data, studies, or research to support your comments. We also request that, when possible, commenters provide relevant information regarding specific localities or regions as creeping bentgrass growth, crop management, and crop utilization may vary considerably by geographic region. After the comment period closes, APHIS will review all written comments received during the comment period and any other relevant information. Any substantive issues identified by APHIS based on our review of the petition and our evaluation and analysis of comments will be considered in the development of our decisionmaking documents. As part of our decisionmaking process regarding a GE organism’s regulatory status, APHIS prepares a plant pest risk assessment to assess its plant pest risk and the appropriate environmental documentation—either an environmental assessment (EA) or an environmental impact statement (EIS)— in accordance with the National Environmental Policy Act (NEPA), to provide the Agency with a review and analysis of any potential environmental impacts associated with the petition request. For petitions for which APHIS prepares an EA, APHIS will follow our published process for soliciting public comment (see footnote 1) and publish a separate notice in the Federal Register announcing the availability of APHIS’ EA and plant pest risk assessment. Should APHIS determine that an EIS is necessary, APHIS will complete the NEPA EIS process in accordance with Council on Environmental Quality regulations (40 CFR part 1500–1508) and APHIS’ NEPA implementing regulations (7 CFR part 372). VerDate Sep<11>2014 20:40 Jan 07, 2016 Jkt 238001 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 January 2016. Michael C. Gregoire, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. 2016–160 Filed 1–7–16; 8:45 am] BILLING CODE 3410–34–P CHEMICAL SAFETY AND HAZARD INVESTIGATION BOARD Sunshine Act Meeting January 13, 2016, 5:00 p.m. PST. PLACE: City Hall, Council Chamber, 3031 Torrance Blvd., Torrance, CA 90503. STATUS: Open to the public. TIME AND DATE: Matters To Be Considered The Chemical Safety and Hazard Investigation Board (CSB) will convene a public meeting on January 13, 2016, starting at 5:00 p.m. PST at Torrance City Hall Council Chamber, 3031 Torrance Blvd., Torrance, CA 90503. The Board will discuss its investigation of the incident at the ExxonMobil Refinery on February 18, 2015. CSB Staff will present interim findings to the Board. Following the staff presentation, the Board will hear from a panel of experts on process safety management (PSM) reform in the State of California. Additional Information The meeting is free and open to the public. If you require a translator or interpreter, please notify the individual listed below as the ‘‘Contact Person for Further Information,’’ at least three business days prior to the meeting. This meeting will be webcast for those who cannot attend in person. Please visit www.csb.gov for access to the live webcast. The CSB is an independent federal agency charged with investigating accidents and hazards that result, or may result, in the catastrophic release of extremely hazardous substances. The agency’s Board Members are appointed by the President and confirmed by the Senate. CSB investigations look into all aspects of chemical accidents and hazards, including physical causes such as equipment failure as well as inadequacies in regulations, industry standards, and safety management systems. Public Comment The time provided for public statements will depend upon the PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 903 number of people who wish to speak. Speakers should assume that their presentations will be limited to three minutes or less, but commenters may submit written statements for the record. Contact Person for Further Information Shauna Lawhorne, Public Affairs Specialist, public@csb.gov or (202) 261– 7600. Further information about this public meeting can be found on the CSB Web site at: www.csb.gov. Dated: January 6, 2016. Kara A. Wenzel, Acting General Counsel, Chemical Safety and Hazard Investigation Board. [FR Doc. 2016–298 Filed 1–6–16; 4:15 pm] BILLING CODE 6350–01–P DEPARTMENT OF COMMERCE International Trade Administration [A–570–970] Multilayered Wood Flooring From the People’s Republic of China: Preliminary Results of Antidumping Duty Administrative Review; 2013– 2014 Enforcement and Compliance, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (‘‘the Department’’) is conducting an administrative review of the antidumping duty order on multilayered wood flooring (‘‘MLWF’’) from the People’s Republic of China (‘‘PRC’’). The period of review (‘‘POR’’) is December 1, 2013, through November 30, 2014. The review covers two mandatory respondents, Fine Furniture (Shanghai) Limited (‘‘Fine Furniture’’) and Dalian Penghong Floor Products Co., Ltd. (‘‘Dalian Penghong’’). We preliminarily find that both respondents made sales of subject merchandise at less than normal value (‘‘NV’’). DATES: Effective date: January 8, 2016. FOR FURTHER INFORMATION CONTACT: Lilit Astvatsatrian or William Horn AD/CVD Operations, Office IV, Enforcement and Compliance, International Trade Administration, Department of Commerce, 1401 Constitution Avenue NW., Washington, DC 20230; telephone: (202) 482–6412 and (202) 482–2615. SUPPLEMENTARY INFORMATION: AGENCY: Scope of the Order The merchandise covered by the order includes MLWF, subject to certain E:\FR\FM\08JAN1.SGM 08JAN1

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[Federal Register Volume 81, Number 5 (Friday, January 8, 2016)]
[Notices]
[Pages 902-903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-160]


========================================================================
Notices
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains documents other than rules 
or proposed rules that are applicable to the public. Notices of hearings 
and investigations, committee meetings, agency decisions and rulings, 
delegations of authority, filing of petitions and applications and agency 
statements of organization and functions are examples of documents 
appearing in this section.

========================================================================


Federal Register / Vol. 81, No. 5 / Friday, January 8, 2016 / 
Notices

[[Page 902]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2015-0096]


The Scotts Co. and Monsanto Co.; Availability of Petition for 
Determination of Nonregulated Status of Creeping Bentgrass Genetically 
Engineered for Resistance to Glyphosate

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice.

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

SUMMARY: We are advising the public that the Animal and Plant Health 
Inspection Service has received a petition from the Scotts Company and 
Monsanto Company seeking a determination of nonregulated status of 
creeping bentgrass designated as event ASR368, which has been 
genetically engineered for resistance to the herbicide glyphosate. The 
petition has been submitted in accordance with our regulations 
concerning the introduction of certain genetically engineered organisms 
and products. We are making the Scotts Company and Monsanto Company 
petition available for review and comment to help us identify potential 
environmental and interrelated economic issues and impacts that the 
Animal and Plant Health Inspection Service may determine should be 
considered in our evaluation of the petition.

DATES: We will consider all comments that we receive on or before March 
8, 2016.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=APHIS-2015-0096.
     Postal Mail/Commercial Delivery: Send your comment to 
Docket No. APHIS-2015-0096, Regulatory Analysis and Development, PPD, 
APHIS, Station 3A-03.8, 4700 River Road, Unit 118, Riverdale, MD 20737-
1238.
    Supporting documents and any comments we receive on this docket may 
be viewed at http://www.regulations.gov/#!docketDetail;D=APHIS-2015-
0096 or in our reading room, which 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) 799-7039 before coming.
    The petition is also available on the APHIS Web site at: http://www.aphis.usda.gov/biotechnology/petitions_table_pending.shtml under 
APHIS petition 15-300-01p.

FOR FURTHER INFORMATION CONTACT: Dr. John Turner, Director, 
Environmental Risk Analysis Programs, Biotechnology Regulatory 
Services, APHIS, 4700 River Road, Unit 147, Riverdale, MD 20737-1236; 
(301) 851-3954, email: john.t.turner@aphis.usda.gov. To obtain copies 
of the petition, contact Ms. Cindy Eck at (301) 851-3892, email: 
Cynthia.a.eck@aphis.usda.gov.

SUPPLEMENTARY INFORMATION: Under the authority of the plant pest 
provisions of the Plant Protection Act (7 U.S.C. 7701 et seq.), 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 the Animal and Plant Health Inspection Service 
(APHIS) seeking a determination that an article should not be regulated 
under 7 CFR part 340. Paragraphs (b) and (c) 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.
    APHIS has received a petition (APHIS Petition Number 15-300-01p) 
from the Scotts Company of Marysville, OH, and Monsanto Company of St. 
Louis, MO (Scotts/Monsanto), seeking a determination of nonregulated 
status of creeping bentgrass (Agrostis stolonifera L.) designated as 
event ASR368, which has been genetically engineered for resistance to 
the herbicide glyphosate. The Scotts/Monsanto petition states that 
information collected during field trials and laboratory analyses 
indicates that ASR368 bentgrass is not likely to be a plant pest and 
therefore should not be a regulated article under APHIS' regulations in 
7 CFR part 340.
    As described in the petition, ASR368 bentgrass contains the cp4 
epsps gene from Agrobacterium sp. strain CP4 that confers resistance to 
the herbicide glyphosate. ASR368 bentgrass is currently regulated under 
7 CFR part 340. Interstate movements and field tests of ASR368 
bentgrass have been conducted under notifications acknowledged by 
APHIS.
    Field tests conducted under APHIS oversight allowed for evaluation 
in a natural agricultural setting while imposing measures to minimize 
the risk of persistence in the environment after completion of the 
tests. Data are gathered on multiple parameters and used by the 
applicant to evaluate agronomic characteristics and product 
performance. These and other data are used by APHIS to determine if the 
new variety poses a plant pest risk.
    Paragraph (d) of Sec.  340.6 provides that APHIS will publish a 
notice in the Federal Register providing 60 days for public comment for 
petitions for a determination of nonregulated status. On March 6, 2012, 
we published in the Federal Register (77 FR 13258-13260, Docket No. 
APHIS-2011-0129) a notice \1\ describing our process for soliciting 
public comment when considering petitions for determinations of 
nonregulated status for GE organisms. In that notice we indicated that 
APHIS would accept written comments regarding a petition once APHIS 
deemed it complete.
---------------------------------------------------------------------------

    \1\ To view the notice, go to http://www.regulations.gov/#!docketDetail;D=APHIS-2011-0129.
---------------------------------------------------------------------------

    In accordance with Sec.  340.6(d) of the regulations and our 
process for soliciting public input when considering petitions for 
determinations

[[Page 903]]

of nonregulated status for GE organisms, we are publishing this notice 
to inform the public that APHIS will accept written comments regarding 
the petition for a determination of nonregulated status from interested 
or affected persons for a period of 60 days from the date of this 
notice. The petition is available for public review and comment, and 
copies are available as indicated under ADDRESSES and FOR FURTHER 
INFORMATION CONTACT above. We are interested in receiving comments 
regarding potential environmental and interrelated economic issues and 
impacts that APHIS may determine should be considered in our evaluation 
of the petition. We are particularly interested in receiving comments 
regarding biological, cultural, or ecological issues, and we encourage 
the submission of scientific data, studies, or research to support your 
comments. We also request that, when possible, commenters provide 
relevant information regarding specific localities or regions as 
creeping bentgrass growth, crop management, and crop utilization may 
vary considerably by geographic region.
    After the comment period closes, APHIS will review all written 
comments received during the comment period and any other relevant 
information. Any substantive issues identified by APHIS based on our 
review of the petition and our evaluation and analysis of comments will 
be considered in the development of our decisionmaking documents. As 
part of our decisionmaking process regarding a GE organism's regulatory 
status, APHIS prepares a plant pest risk assessment to assess its plant 
pest risk and the appropriate environmental documentation--either an 
environmental assessment (EA) or an environmental impact statement 
(EIS)--in accordance with the National Environmental Policy Act (NEPA), 
to provide the Agency with a review and analysis of any potential 
environmental impacts associated with the petition request. For 
petitions for which APHIS prepares an EA, APHIS will follow our 
published process for soliciting public comment (see footnote 1) and 
publish a separate notice in the Federal Register announcing the 
availability of APHIS' EA and plant pest risk assessment.
    Should APHIS determine that an EIS is necessary, APHIS will 
complete the NEPA EIS process in accordance with Council on 
Environmental Quality regulations (40 CFR part 1500-1508) and APHIS' 
NEPA implementing regulations (7 CFR part 372).

    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 January 2016.
Michael C. Gregoire,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2016-160 Filed 1-7-16; 8:45 am]
 BILLING CODE 3410-34-P