Environmental Impact Statement; Movement of Certain Genetically Engineered Organisms: Record of Decision, 17586-17587 [2021-06978]
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17586
Notices
Federal Register
Vol. 86, No. 63
Monday, April 5, 2021
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.
contact Mrs. Chessa Huff-Woodard,
Esq., Branch Chief of Policy, Program,
and International Collaboration, BRS,
APHIS, 4700 River Road, Riverdale, MD
20737; (301) 851–3943. For questions
related to the environmental impact
statement, contact Ms. Joanne Serrels,
Biological Scientist, ERAS, PPD, APHIS,
4700 River Road, Riverdale, MD 20737;
(301) 851–3867.
DEPARTMENT OF AGRICULTURE
SUPPLEMENTARY INFORMATION:
Animal and Plant Health Inspection
Service
[Docket No. APHIS–2018–0034]
Environmental Impact Statement;
Movement of Certain Genetically
Engineered Organisms: 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 record of decision
for the final environmental impact
statement titled ‘‘Revisions to USDA–
APHIS 7 CFR part 340 Regulations
Governing the Importation, Interstate
Movement, and Environmental Release
of Certain Genetically Engineered
Organisms.’’
DATES: An official of the Animal and
Plant Health Inspection Service–
Biotechnology Regulatory Services
signed the record of decision on March
19, 2021.
ADDRESSES: You may read the final
environmental impact statement and
record of decision in our reading room.
The reading room is located in room
1620 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 record of decision, final
environmental impact statement, and
supporting information may also be
viewed on the Regulations.gov website.
To obtain copies of the documents,
contact the person listed under FOR
FURTHER INFORMATION CONTACT.
FOR FURTHER INFORMATION CONTACT: For
information on the movement of
genetically engineered organisms,
jbell on DSKJLSW7X2PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
17:23 Apr 02, 2021
Jkt 253001
On June
29, 2018, the Animal and Plant Health
Inspection Service (APHIS) published a
notice of intent (NOI) 1 in the Federal
Register (83 FR 30688–30689, Docket
No. APHIS–2018–0034) to prepare a
programmatic environmental impact
statement (PEIS). The NOI solicited
public comment to help define the
issues to be considered in the PEIS and
scope of alternatives to consider in
revision of the biotechnology
regulations in 7 CFR part 340.
The comment period on the NOI
ended on July 30, 2018. At the close of
this comment period APHIS had
received 35 submissions from the
public. The submissions were from
individuals from academic
organizations, professional
organizations, trade groups, commodity
groups, industry, non-governmental
organizations, federally recognized
Tribes, and unspecified individuals.
On June 6, 2019, APHIS published a
proposed rule 2 in the Federal Register
(84 FR 26514–26541, Docket No.
APHIS–2018–0034) that entailed a
comprehensive revision of the
regulations in part 340. Along with the
proposed rule, a draft PEIS and other
supporting documents were published
for public review and comment. The
proposed rule and the draft PEIS were
made available to the public both on the
Regulations.gov website and on APHIS’
website. The comment period for both
documents closed on August 5, 2019.
APHIS received a total of 6,151 public
submissions. The commenters on the
proposed rule and draft PEIS fell into
the same categories as did those on the
NOI.
1 To view the NOI and the comments we received,
go to www.regulations.gov, and enter APHIS–2018–
0034 in the Search field.
2 To view the proposed rule the comments we
received, and the supporting documents, go to
www.regulations.gov and enter APHIS–2018–0034
in the Search field.
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After reviewing the comments, APHIS
then published a final rule 3 in the
Federal Register on May 18, 2020 (85
FR 29790–29838, Docket No. APHIS–
2018–0034). Along with the final rule
and other supporting documents, APHIS
published a final PEIS. Public
comments we received on the NOI are
summarized in Appendix 2 of the final
PEIS, along with APHIS’ responses.
Public comments that we received on
the June 2019 proposed rule that
specifically addressed the draft PEIS are
summarized in Appendix 3 of the final
PEIS, along with APHIS’ responses.
On May 8, 2020, the Environmental
Protection Agency published a notice 4
in the Federal Register (85 FR 27412–
27413, Docket No. ER–FRL–9050–7)
announcing the availability of the final
PEIS to the public. Additionally, APHIS
posted the final PEIS on its website on
May 14, 2020. On May 22, 2020 the
Environmental Protection Agency
published a second notice 5 in the
Federal Register (85 FR 31182–31183,
Docket No. ER–FRL–9050–9) extending
the review period for the PEIS until June
22, 2020.
The National Environmental Policy
Act (NEPA) implementing regulations in
40 CFR 1506.11(b)(2) require a
minimum 30-day waiting period
between the time a final EIS is
published and the time an agency makes
a decision on an action covered by the
EIS. We received one comment during
the waiting period. APHIS has reviewed
the final EIS and concluded that it fully
analyzes the issues covered by the draft
EIS and addresses the comment and
suggestions submitted by the
commenter. This notice advises the
public that the waiting period has
elapsed, and APHIS has issued a record
of decision (ROD) to implement the
preferred alternative described in the
final EIS.
The ROD has been prepared in
accordance with: (1) 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);
3 To view the final rule, go to
www.regulations.gov and enter APHIS–2018–0034
in the Search field.
4 To view the notice, go to www.regulations.gov
and enter ER–FRL–9050–7 in the Search field.
5 To view the notice, go to www.regulations.gov
and enter ER–FRL–9050–9 in the Search field.
E:\FR\FM\05APN1.SGM
05APN1
Federal Register / Vol. 86, No. 63 / Monday, April 5, 2021 / Notices
and (4) APHIS’ NEPA Implementing
Procedures (7 CFR part 372).
Done in Washington, DC, this 31st day of
March 2021.
Michael Watson,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. 2021–06978 Filed 4–2–21; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
[Docket No. APHIS–2018–0068]
Importation of Dianthus spp. From
Kenya
Animal and Plant Health
Inspection Service, USDA.
ACTION: Notice.
AGENCY:
We are notifying the public
that we are updating the U.S.
Department of Agriculture Plants for
Planting Manual to allow the
importation of Dianthus spp. cuttings
from Kenya without postentry
quarantine, subject to certain
conditions. We are taking this action in
response to a request from this country
and after determining that the cuttings
can be imported, under certain
conditions, without resulting in the
introduction into, or the dissemination
within, the United States of a plant pest.
DATES: The changes to the entry
conditions will be applicable on April 5,
2021.
FOR FURTHER INFORMATION CONTACT: Ms.
Lydia E. Colo´n, Senior Regulatory
Policy Specialist, PPQ, APHIS, 4700
River Road, Unit 133, Riverdale, MD
20737–1236; (301) 851–2302.
SUPPLEMENTARY INFORMATION:
SUMMARY:
jbell on DSKJLSW7X2PROD with NOTICES
Background
Under the regulations in ‘‘Subpart
H—Plants for Planting’’ (7 CFR 319.37–
1 through 319.37–23, referred to below
as the regulations), the Animal and
Plant Health Inspection Service (APHIS)
of the U.S. Department of Agriculture
(USDA) prohibits or restricts the
importation of plants for planting
(including living plants, plant parts,
seeds, and plant cuttings) to prevent the
introduction of quarantine pests into the
United States. Quarantine pest is
defined in § 319.37–2 as a plant pest or
noxious weed that is of potential
economic importance to the United
States and not yet present in the United
States, or present but not widely
distributed and being officially
controlled. In accordance with § 319.37–
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17:23 Apr 02, 2021
Jkt 253001
20, APHIS may impose quarantines and
other restrictions on the importation of
specific types of plants for planting.
These restrictions are listed in the
USDA Plants for Planting Manual.1
In a final rule 2 published in the
Federal Register on March 19, 2018 (83
FR 11845–11867, Docket No. APHIS–
2008–0011), and effective on April 18,
2018, we amended the regulations so
that restrictions on the importation of
certain types of plants for planting
would be included in the USDA Plants
for Planting Manual instead of the
regulations, meaning that changes to
specific restrictions on plants for
planting are no longer made through
rulemaking. Under § 319.37–20, if
APHIS determines it is necessary to add,
change, or remove restrictions on the
importation of a specific type of plant
for planting, we will publish in the
Federal Register a notice that
announces the proposed change and
invites public comment.
On May 9, 2019, we published in the
Federal Register (84 FR 20323–20324,
Docket No. APHIS–2018–0068) a
notice 3 in which we proposed to make
changes to the import requirements in
the USDA Plants for Planting Manual
for imports of Dianthus spp. (carnation)
cuttings from Kenya by allowing the
cuttings to be imported into the United
States without postentry quarantine,
subject to certain conditions outlined in
a commodity import evaluation
document (CIED).
We solicited comments on the notice
for 60 days ending on July 8, 2019. We
received six unique comments by that
date. They were from two horticultural
companies, two national trade
organizations who issued a joint
comment, two State departments of
agriculture, and a growers’ and
landscape association.
The issues raised by the commenters
are addressed below.
Two commenters asked that the risk
management measures include trapping
for lepidopteran pests using pheromone
lures. One of these commenters
expressed particular concern about the
pests Helicoverpa armigera, Agrotis
segetum, and Spodoptera littoralis.
As stated in the CIED, APHIS will
require that the Dianthus spp. cuttings
are grown in a pest-exclusionary
1 https://www.aphis.usda.gov/import_export/
plants/manuals/ports/downloads/plants_for_
planting.pdf.
2 The proposed and final rules, supporting
documents, and comments can be viewed at https://
www.regulations.gov. Enter APHIS–2008–0011 in
the Search field.
3 To view the notice, supporting documents, and
the comments we received, go to https://
www.regulations.gov, and enter APHIS–2018–0068
in the Search field.
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17587
greenhouse that includes safeguards
against pests such as insect-proof
screening over openings and self-closing
double or airlock-type doors. The risk
management measures also require that
the production sites have monthly
inspections for lepidopteran pests for at
least four consecutive months
immediately prior to export. We are
confident that these measures will
sufficiently protect the cuttings against
lepidopteran pests without the need for
pheromone lures, which can attract
pests over long distances and have the
potential to inadvertently attract more
pests to the production site.
One of these commenters also
requested that we include two
arthropod pests, Chrysodeixis chalcites
and Lobesia botrana, both moths, in our
considerations.
Both of these pests are addressed in
the CIED. Chrysodeixis chalcites is
among the pests specifically named in
the risk mitigation measure of monthly
visual crop inspections for at least four
consecutive months immediately prior
to export. Lobesia botrana is listed in a
table of additional Dianthus spp. pests
present in Kenya, but with a note that
Dianthus spp. is an exempted host from
domestic quarantine regulations within
the United States for the movement of
Lobesia botrana host material as it has
been determined not to pose a risk of
spreading Lobesia botrana. For the sake
of consistency with domestic
regulations, we did not propose
mitigations for Lobesia botrana for the
importation of Dianthus spp. plants for
planting from Kenya without postentry
quarantine.
The commenter also requested that
the risk management measures include
inspecting the soil around the plants for
Agrotis segetum, a moth, and inspecting
the stems for boreholes as well as
cutting open a percentage of stems to
check for Epichoristodes acerbella, a
moth.
APHIS will emphasize in the
operational workplan that visual
inspections should include an
examination of the soil and an
inspection of stems for boreholes.
However, because the plant articles in
question are cuttings, and therefore not
likely to have stems sufficient to
support borers, we do not believe
stipulating the cutting open of stems to
be necessary.
One commenter expressed concern
about the importation of Dianthus spp.
from Kenya introducing strains of
Ralstonia solanacearum.
Dianthus spp. is not known to be a
host of Ralstonia solanacearum.
E:\FR\FM\05APN1.SGM
05APN1
]]>Agencies
[Federal Register Volume 86, Number 63 (Monday, April 5, 2021)]
[Notices]
[Pages 17586-17587]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-06978]
========================================================================
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. 86, No. 63 / Monday, April 5, 2021 /
Notices
[[Page 17586]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
[Docket No. APHIS-2018-0034]
Environmental Impact Statement; Movement of Certain Genetically
Engineered Organisms: 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 record of decision for the final environmental
impact statement titled ``Revisions to USDA-APHIS 7 CFR part 340
Regulations Governing the Importation, Interstate Movement, and
Environmental Release of Certain Genetically Engineered Organisms.''
DATES: An official of the Animal and Plant Health Inspection Service-
Biotechnology Regulatory Services signed the record of decision on
March 19, 2021.
ADDRESSES: You may read the final environmental impact statement and
record of decision in our reading room. The reading room is located in
room 1620 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 record
of decision, final environmental impact statement, and supporting
information may also be viewed on the Regulations.gov website. To
obtain copies of the documents, contact the person listed under FOR
FURTHER INFORMATION CONTACT.
FOR FURTHER INFORMATION CONTACT: For information on the movement of
genetically engineered organisms, contact Mrs. Chessa Huff-Woodard,
Esq., Branch Chief of Policy, Program, and International Collaboration,
BRS, APHIS, 4700 River Road, Riverdale, MD 20737; (301) 851-3943. For
questions related to the environmental impact statement, contact Ms.
Joanne Serrels, Biological Scientist, ERAS, PPD, APHIS, 4700 River
Road, Riverdale, MD 20737; (301) 851-3867.
SUPPLEMENTARY INFORMATION: On June 29, 2018, the Animal and Plant
Health Inspection Service (APHIS) published a notice of intent (NOI)
\1\ in the Federal Register (83 FR 30688-30689, Docket No. APHIS-2018-
0034) to prepare a programmatic environmental impact statement (PEIS).
The NOI solicited public comment to help define the issues to be
considered in the PEIS and scope of alternatives to consider in
revision of the biotechnology regulations in 7 CFR part 340.
---------------------------------------------------------------------------
\1\ To view the NOI and the comments we received, go to
www.regulations.gov, and enter APHIS-2018-0034 in the Search field.
---------------------------------------------------------------------------
The comment period on the NOI ended on July 30, 2018. At the close
of this comment period APHIS had received 35 submissions from the
public. The submissions were from individuals from academic
organizations, professional organizations, trade groups, commodity
groups, industry, non-governmental organizations, federally recognized
Tribes, and unspecified individuals.
On June 6, 2019, APHIS published a proposed rule \2\ in the Federal
Register (84 FR 26514-26541, Docket No. APHIS-2018-0034) that entailed
a comprehensive revision of the regulations in part 340. Along with the
proposed rule, a draft PEIS and other supporting documents were
published for public review and comment. The proposed rule and the
draft PEIS were made available to the public both on the
Regulations.gov website and on APHIS' website. The comment period for
both documents closed on August 5, 2019. APHIS received a total of
6,151 public submissions. The commenters on the proposed rule and draft
PEIS fell into the same categories as did those on the NOI.
---------------------------------------------------------------------------
\2\ To view the proposed rule the comments we received, and the
supporting documents, go to www.regulations.gov and enter APHIS-
2018-0034 in the Search field.
---------------------------------------------------------------------------
After reviewing the comments, APHIS then published a final rule \3\
in the Federal Register on May 18, 2020 (85 FR 29790-29838, Docket No.
APHIS-2018-0034). Along with the final rule and other supporting
documents, APHIS published a final PEIS. Public comments we received on
the NOI are summarized in Appendix 2 of the final PEIS, along with
APHIS' responses. Public comments that we received on the June 2019
proposed rule that specifically addressed the draft PEIS are summarized
in Appendix 3 of the final PEIS, along with APHIS' responses.
---------------------------------------------------------------------------
\3\ To view the final rule, go to www.regulations.gov and enter
APHIS-2018-0034 in the Search field.
---------------------------------------------------------------------------
On May 8, 2020, the Environmental Protection Agency published a
notice \4\ in the Federal Register (85 FR 27412-27413, Docket No. ER-
FRL-9050-7) announcing the availability of the final PEIS to the
public. Additionally, APHIS posted the final PEIS on its website on May
14, 2020. On May 22, 2020 the Environmental Protection Agency published
a second notice \5\ in the Federal Register (85 FR 31182-31183, Docket
No. ER-FRL-9050-9) extending the review period for the PEIS until June
22, 2020.
---------------------------------------------------------------------------
\4\ To view the notice, go to www.regulations.gov and enter ER-
FRL-9050-7 in the Search field.
\5\ To view the notice, go to www.regulations.gov and enter ER-
FRL-9050-9 in the Search field.
---------------------------------------------------------------------------
The National Environmental Policy Act (NEPA) implementing
regulations in 40 CFR 1506.11(b)(2) require a minimum 30-day waiting
period between the time a final EIS is published and the time an agency
makes a decision on an action covered by the EIS. We received one
comment during the waiting period. APHIS has reviewed the final EIS and
concluded that it fully analyzes the issues covered by the draft EIS
and addresses the comment and suggestions submitted by the commenter.
This notice advises the public that the waiting period has elapsed, and
APHIS has issued a record of decision (ROD) to implement the preferred
alternative described in the final EIS.
The ROD has been prepared in accordance with: (1) 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);
[[Page 17587]]
and (4) APHIS' NEPA Implementing Procedures (7 CFR part 372).
Done in Washington, DC, this 31st day of March 2021.
Michael Watson,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2021-06978 Filed 4-2-21; 8:45 am]
BILLING CODE 3410-34-P
