[Federal Register Volume 62, Number 84 (Thursday, May 1, 1997)]
[Rules and Regulations]
[Page 23628]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-11358]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 340

[Docket No. 95-040-4]
RIN 0579-AA73


Genetically Engineered Organisms and Products; Simplification of 
Requirements and Procedures for Genetically Engineered Organisms

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule; withdrawal.

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SUMMARY: This document withdraws the final rule pertaining to 
genetically engineered plants introduced under notification and to the 
petition process for the determination of nonregulated status that was 
published in the Federal Register on April 24, 1997, and that was 
scheduled to become effective on May 27, 1997. The published document 
was an incorrect version of the final rule and contained errors in the 
text. The correct version of the final rule will be published in the 
Federal Register as soon as possible.

DATES: This withdrawal is effective May 1, 1997.

FOR FURTHER INFORMATION CONTACT: Dr. John Payne, Director, 
Biotechnology and Scientific Services, PPQ, APHIS, 4700 River Road Unit 
98, Riverdale, MD 20737-1237; (301) 734-7602. For technical 
information, contact Dr. Michael Schechtman, Domestic Programs Leader, 
Biotechnology and Scientific Services, PPQ, APHIS; (301) 734-7601.

SUPPLEMENTARY INFORMATION:

    Background
    The regulations in 7 CFR part 340 (referred to below as the 
regulations) pertain to the introduction (importation, interstate 
movement, and release into the environment) of genetically engineered 
organisms and products that are derived from known plant pests 
(regulated articles). Before introducing a regulated article, a person 
is required under Sec. 340.0 of the regulations to either (1) notify 
the Animal and Plant Health Inspection Service (APHIS) in accordance 
with Sec. 340.3 or (2) obtain a permit in accordance with Sec. 340.4. 
Introductions under notification must meet specified eligibility 
criteria and performance standards. Under Sec. 340.4, a permit is 
granted when APHIS has determined that the conduct of the trial, under 
the conditions specified by the applicant or stipulated by APHIS, does 
not pose a plant pest risk. The regulations also provide that petitions 
may be submitted to APHIS seeking a determination that an article 
should not be regulated under 7 CFR 340.
    On April 24, 1997 (62 FR 19903-19917, Docket No. 95-040-2), APHIS 
published in the Federal Register a final rule to amend, and thereby 
simplify, the notification and petition provisions of the regulations. 
The final rule was scheduled to become effective on May 27, 1997. The 
published document was an incorrect version of the final rule and 
contained errors in the text. Therefore, we are withdrawing the final 
rule and will publish the correct version of the final rule in the 
Federal Register as soon as possible.

    Authority: 7 U.S.C. 150aa-150jj, 151-167, and 1622n; 31 U.S.C. 
9701; 7 CFR 2.22, 2.80, and 371.2(c).

    Done in Washington, DC, this 28th day of April 1997.
Donald W. Luchsinger,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 97-11358 Filed 4-30-97; 8:45 am]
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