[Federal Register Volume 70, Number 196 (Wednesday, October 12, 2005)]
[Notices]
[Pages 59312-59313]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E5-5579]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
[Docket No. 03-101-5]
Environmental Impact Statement; Petition for Deregulation of
Genetically Engineered Glyphosate-Tolerant Creeping Bentgrass; Request
for Additional Information
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Notice.
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SUMMARY: We are advising the public that the Animal and Plant Health
Inspection Service is seeking information to develop an environmental
impact statement as part of its consideration of a petition received
from Monsanto Company and The Scotts Company. The petition requests a
determination of nonregulated status for engineered creeping bentgrass
(Agrostis stolonifera) that is glyphosate tolerant. We are preparing
this environmental impact statement in accordance with 7 CFR 372.5 and
40 CFR 1501.3 and 1501.4. We are seeking specific information about
glyphosate use to control grasses. We are primarily interested in the
details of those programs that focus on weed management in
nonagricultural lands.
DATES: We will consider all comments that we receive on or before
November 14, 2005.
ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to http://www.regulations.gov and, in the ``Search for Open Regulations'' box,
select ``Animal and Plant Health Inspection Service'' from the agency
drop-down menu, then click on ``Submit.'' In the Docket ID column,
select APHIS-2005-0029 to submit or view public comments on APHIS
Docket ID 03-101-5.
Postal Mail/Commercial Delivery: Please send four copies
of your comment (an original and three copies) to Docket No. 03-101-5,
Regulatory Analysis and Development, PPD, APHIS, Station 3C71, 4700
River Road, Unit 118, Riverdale, MD 20737-1238. Please state that your
comment refers to Docket No. 03-101-5.
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: Comments submitted in response to the previous
notices cited in this document may be viewed on the Internet on the
following Web sites; there is no need to resubmit those previously
submitted comments in response to this notice. Comments on Docket No.
03-101-1 and Docket No. 03-101-2 are available at https://web01.aphis.usda.gov/Bentgrass.nsf. Comments on Docket No. 03-101-4 are
available on the Regulations.gov Web site (see ``Federal eRulemaking
Portal'' above) or at http://docket.epa.gov/edkfed/do/EDKStaffCollectionDetailView?objectId=0b0007d4806fe549 549.
FOR FURTHER INFORMATION CONTACT: Dr. Susan M. Koehler, BRS, APHIS, 4700
River Road, Unit 147, Riverdale, MD 20737-1238; (301) 734-4886.
SUPPLEMENTARY INFORMATION: The Animal and Plant Health Inspection
Service (APHIS) is preparing an environmental impact statement (EIS)
with respect to a possible decision to remove engineered creeping
bentgrass with glyphosate resistance (Scotts/Monsanto event ASR368)
from regulation under 7 CFR part 340. We are seeking specific
information about glyphosate use to control grasses in vegetation
management programs that focus on publicly or privately owned, non-
agricultural lands. These locations may include areas like parks or
recreation areas, highway roadsides, pipeline pumping stations, or
electrical substations. The types of habitats in which we are most
interested are
[[Page 59313]]
grasslands, riparian areas, or wetlands, because creeping bentgrass is
best adapted for these areas. However, information on any habitats
where Agrostis, Polypogon, or Poa sp. are present would also be useful.
The type of information that APHIS seeks is specific and detailed.
We invite information about both your vegetation management program and
how that program would change if glyphosate resistant grasses were
established in the managed habitat. The specific types of information
that we seek are listed below:
(I) An overall description of the management program.
(A) Whether the goals and purpose of the management program
include:
1. The control of invasive or noxious weeds.
2. The recovery or management of habitat for federally listed
threatened or endangered species or other wildlife or species of
concern.
3. The restoration of ecosystem function.
4. The maintenance of public use areas or rights-of-way.
(B) If creeping bentgrass or its sexually compatible relatives are
present in the managed area:
1. Herbicide combinations or formulations used that include
glyphosate.
2. The total land area that is treated with glyphosate or a
formulation containing glyphosate.
3. The method and frequency of application of these herbicide
formulations in the management plan.
(II) How management programs would change if glyphosate resistant
species were present.
(A) Include potential changes in management strategies.
(B) Changes in cost.
(C) Changes in focus of program.
(D) Legal restrictions on alternative vegetation management
strategies.
Because the data and information that we seek is not generally
available, we are requesting this information in response to this
notice. Descriptive and application-specific information is most
helpful. Floristic assessments showing the prevalence of the cited
grasses or sexually compatible relatives are also of interest. Please
let us know if we may contact you for further information about your
management activities. Your contributions will be used within the EIS
to evaluate possible environmental impacts from engineered creeping
bentgrass.
Background
The Host Organism
Agrostis stolonifera (creeping bentgrass or CBG) is a cool-season,
wind-pollinated, perennial species with about 13 relatives with which
it can cross in the United States. CBG and about 33 other species of
the genus occur naturally across the continental United States. The
species occurs in wet meadows, seepage areas, ditches, on stream banks
and along the margins of ponds and lakes, in moist disturbed areas,
various grasslands (including upland prairies), mesic to rather dry
upland forests, and on roadsides and railroad embankments. Bentgrasses
can spread via dispersal of seed by wind, water, and animals, and
vegetatively via above-ground runners (stolons). Common bentgrasses and
rabbitsfoot grasses (e.g., Polypogon monspeliensis) may become
glyphosate resistant if pollen transmits the genes to these other
species, conferring resistance to glyphosate. Other grasses in other
genera (such as Poa, bluegrasses) could become tolerant or resistant to
glyphosate through selective processes following repeated use of the
herbicide on golf courses.
The Regulatory History
On April 14, 2003, APHIS received petition 03-104-01p from Monsanto
Company (St. Louis, MO) and The Scotts Company (Gervais, OR) (Monsanto/
Scotts), requesting deregulation of a creeping bentgrass (Agrostis
stolonifera L., synonym A. palustris Huds.) that has been genetically
engineered for tolerance to the herbicide glyphosate. The Monsanto/
Scotts petition states that the subject creeping bentgrass, designated
as event ASR368, should not be regulated by APHIS because it does not
present a plant pest risk. (The petition is available on the Internet
at http://www.aphis.usda.gov/brs/aphisdocs/03_10401p.pdf.)
In a notice published in the Federal Register on January 5, 2004
(69 FR 315-317, Docket No. 03-101-1), APHIS announced the receipt of
the Monsanto/Scotts petition and solicited comments on whether the
subject creeping bentgrass would present a plant pest risk. We
solicited comments concerning our notice for 60 days, ending March 5,
2004.
On September 24, 2004, APHIS published in the Federal Register (69
FR 57257-57260, Docket No. 03-101-2) a notice advising the public of
our decision to prepare an EIS as part of our consideration of petition
03-104-01p. Our decision was based on several factors: (1) Data
associated with the petition, (2) a report prepared by the Weed Science
Society of America on the weed management implications associated with
the potential deregulation and commercialization of glyphosate tolerant
and glufosinate tolerant creeping bentgrass varieties (http://www.wssa.net/society/bentgrass.pdf), (3) our preliminary risk
assessment (http://www.aphis.usda.gov/brs/aphisdocs/03_10401p_ra.pdf), and (4) public comments received in response to the January 5,
2004, Federal Register notice.
Pursuant to 40 CFR 1501.4(d), APHIS initiated the scoping process
as mandated by the National Environmental Policy Act, beginning with
the previously cited January 2004 Federal Register notice. The comment
period for the September 2004 notice of intent was scheduled to close
on October 24, 2004. However, in a document published in the Federal
Register on November 18, 2004 (Docket No. 03-101-3, 69 FR 67532-67533),
we reopened that comment period until December 2, 2004, to give
interested parties additional time to respond.
On April 11, 2005, APHIS published a notice (70 FR 18352-18353,
Docket No. 03-101-4) announcing public scoping meetings. The meetings
were held in Chevy Chase, MD, on May 3, 2005, and in Corvallis, OR, on
May 18, 2005.
All comments that we received in response to the January 2004,
September 2004, November 2004, and April 2005 notices will be included
as part of the scoping process and need not be resubmitted. You may
read the previously submitted comments on the Internet or in our
reading room (see ADDRESSES above). When the draft EIS is completed, we
will publish a notice in the Federal Register announcing its
availability and inviting the public to comment on it. Following our
consideration of the comments received, APHIS will prepare a final EIS;
its availability will also be announced in the Federal Register along
with a public comment period, after which the Record of Decision will
be issued.
Done in Washington, DC, this 5th day of October 2005.
Elizabeth E. Gaston,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E5-5579 Filed 10-11-05; 8:45 am]
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