[Federal Register Volume 75, Number 7 (Tuesday, January 12, 2010)]
[Notices]
[Pages 1585-1586]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-345]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
[Docket No. APHIS-2007-0044]
Draft Environmental Impact Statement; Determination of Regulated
Status of Alfalfa Genetically Engineered for Tolerance to the Herbicide
Glyphosate
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Notice of availability of a draft environmental impact
statement and public meetings.
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SUMMARY: We are advising the public that the Animal and Plant Health
Inspection Service has prepared a draft environmental impact statement
in connection with making a determination on the status of the Monsanto
Company and Forage Genetics International alfalfa lines designated as
events J101 and J163 as regulated articles. This notice also provides
notice of public meetings.
DATES: We will consider all comments that we receive on or before
February
[[Page 1586]]
16, 2010. We will also consider comments made at public meetings to be
held on January 19, 2010, and on February 3, 4, and 9, 2010.
ADDRESSES: The public meetings will be held in Las Vegas, NV, Kearney,
NE, Lincoln, NE, and Riverdale, MD (see the Supplementary Information
section of this notice for the address of each hearing site). You may
submit written comments on the draft environmental impact statement by
either of the following methods:
Federal eRulemaking Portal: Go to (http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2007-0044) to view the draft
environmental impact statement, or to submit or view public comments.
Postal Mail/Commercial Delivery: Please send two copies of
your comment to Docket No. APHIS-2007-0044, Regulatory Analysis and
Development, PPD, APHIS, Station 3A-03.8, 4700 River Road Unit 118,
Riverdale, MD 20737-1238. Please state that your comment refers to
Docket No. APHIS-2007-0044.
Reading Room: You may read any comments that we receive on this
docket 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.
Other Information: Additional information about APHIS and its
programs is available on the Internet at (http://www.aphis.usda.gov).
FOR FURTHER INFORMATION CONTACT: Dr. Andrea Huberty, Branch Chief,
Regulatory and Environmental Analysis Branch, BRS, APHIS, 4700 River
Road Unit 146, Riverdale, MD 20737; (301) 734-0485.
SUPPLEMENTARY INFORMATION: 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.''
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.
In a notice published in the Federal Register on June 27, 2005 (70
FR 36917-36919, Docket No. 04-085-3), APHIS advised the public of its
determination, effective June 14, 2005, that the Monsanto/Forage
Genetics International (FGI) alfalfa events J101 and J163 were no
longer considered regulated articles under the regulations governing
the introduction of certain genetically engineered organisms. That
determination was subsequently challenged in the United States District
Court for the Northern District of California by the Center for Food
Safety, other associations, and several organic alfalfa growers. The
lawsuit alleged that APHIS' decision to deregulate the genetically
engineered glyphosate-tolerant alfalfa events J101 and J163 violated
the National Environmental Policy Act (NEPA), the Endangered Species
Act, and the Plant Protection Act.
On February 13, 2007, the court in that case issued its memorandum
and order in which it determined that APHIS had violated NEPA by not
preparing an environmental impact statement (EIS) in connection with
its deregulation determination. The court ruled that the environmental
assessment prepared by APHIS for its deregulation determination failed
to adequately consider certain environmental impacts in violation of
NEPA. The deregulation determination was vacated and APHIS was directed
by the court to prepare an EIS in connection with its new determination
on the regulated status of the events.
APHIS has prepared a draft EIS, titled ``Glyphosate-Tolerant
Alfalfa Events J101 and J163: Request for Nonregulated Status''
(November 2009), regarding this determination of regulated status. The
EIS is available on Regulations.gov for review and comment, and may be
accessed via the Internet address provided above under the heading
ADDRESSES.
A notice of availability regarding the draft EIS was also published
by the Environmental Protection Agency in the Federal Register on
December 18, 2009 (74 FR 67206-67207, Docket No. ER-FRL-8986-6).
Public Meetings
We are advising the public that we are hosting four public
meetings. The public meetings will be held as follows:
Tuesday, January 19, 2010, in the Golden Nugget Hotel, 129
Fremont Street, Las Vegas, NV, from 11 a.m. to 2 p.m., local time.
Wednesday, February 3, 2010, in the Buffalo County
Fairgrounds Exhibit Center, 3807 Avenue N, Kearney, NE, from 3 p.m. to
6 p.m., local time.
Thursday, February 4, 2010, in the Holiday Inn Haymarket,
141 North 9th Street, Lincoln, NE, from 4 p.m. to 7 p.m., local time.
Tuesday, February 9, 2010, in the USDA Center at
Riverside, 4700 River Road, Riverdale, MD, from 4 p.m. to 7 p.m., local
time.
A representative of APHIS will preside at the public meetings. Any
interested person may appear and be heard in person, by attorney, or by
other representative. Written statements may be submitted and will be
made part of the meeting record.
Registration will take place 30 minutes prior to the scheduled
start of the meeting. Persons who wish to speak at a meeting will be
asked to sign in with their name and organization to establish a record
for the meeting. We ask that anyone who reads a statement provide two
copies to the presiding officer at the meeting.
The presiding officer may limit the time for each presentation, so
that all interested persons appearing at each meeting have an
opportunity to participate. Each meeting may be terminated at any time
if all persons desiring to speak have been heard.
Parking and Security Procedures
Please note that a fee of $4 in exact change is required to enter
the parking lot at the USDA Center at Riverside. The machine accepts $1
bills or quarters.
Upon entering the building, visitors should inform security
personnel that they are attending the public meeting regarding the
regulated status of alfalfa genetically engineered for tolerance to the
herbicide glyphosate. State issued photo identification is required and
all bags will be screened. Security personnel will direct people to the
registration tables. Registration upon arrival is required for all
participants.
Done in Washington, DC, this 6\th\ day of January 2010.
Kevin Shea
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2010-345 Filed 1-11-10: 11:49 am]
BILLING CODE: 3410-34-S