[Federal Register Volume 72, Number 56 (Friday, March 23, 2007)]
[Notices]
[Pages 13735-13736]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-5344]


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 Notices
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 This section of the FEDERAL REGISTER contains documents other than rules 
 or proposed rules that are applicable to the public. Notices of hearings 
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  Federal Register / Vol. 72, No. 56 / Friday, March 23, 2007 / 
Notices  

[[Page 13735]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. 04-085-4]


Return to Regulated Status of Alfalfa Genetically Engineered for 
Tolerance to the Herbicide Glyphosate

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice.

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SUMMARY: We are advising the public that the United States District 
Court for the Northern District of California has vacated the Animal 
and Plant Health Inspection Service's (APHIS') June 2005 determination 
of nonregulated status with respect to the Monsanto Company and Forage 
Genetics International alfalfa lines designated as events J101 and 
J163, which have been genetically engineered for tolerance to the 
herbicide glyphosate. The effect of this action is that those alfalfa 
events, known as Roundup Ready alfalfa, are once again considered 
regulated articles under APHIS' regulations in 7 CFR part 340 and the 
requirements pertaining to regulated articles under those regulations 
will once again apply to the subject alfalfa and its progeny. This 
notice also advises Roundup Ready alfalfa sellers and growers that no 
Roundup Ready alfalfa seed may be planted after March 30, 2007; that 
only seed purchased by growers before March 12, 2007, may be planted by 
March 30, 2007; and that all sales of Roundup Ready alfalfa seed are 
prohibited pending the Court's issuance of permanent injunctive relief.

DATES: Effective Date: March 12, 2007.

FOR FURTHER INFORMATION CONTACT: Thomas Sim, Biotechnology Regulatory 
Services, APHIS, 4700 River Road Unit 147, Riverdale, MD 20737-1236; 
(301) 734-7324.

SUPPLEMENTARY INFORMATION: 

Background

    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.
    On April 16, 2004, APHIS received a petition (APHIS petition number 
04-110-01p) from Monsanto Company of St. Louis, MO, and Forage Genetics 
International of West Salem, WI (Monsanto/FGI), requesting a 
determination of nonregulated status under 7 CFR part 340 for alfalfa 
(Medicago sativa L.) designated as events J101 and J163, which have 
been genetically engineered for tolerance to the herbicide glyphosate. 
On November 24, 2004, APHIS published a notice in the Federal Register 
(69 FR 68300-68301, Docket No. 04-085-1) announcing that the Monsanto/
FGI petition and an environmental assessment were available for public 
review and soliciting comments for 60 days ending January 24, 2005. In 
a second notice published February 3, 2005, APHIS extended the comment 
period until February 17, 2005 (see 70 FR 5601-5602, Docket No. 04-085-
2). Subsequently, 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/FGI alfalfa events J101 and J163 were no longer considered 
regulated articles under our regulations governing the introduction of 
certain genetically engineered organisms.

Recent Legal Decisions

    On February 13, 2007, the United States District Court for the 
Northern District of California issued a ruling in a lawsuit filed by 
the Center for Food Safety--along with several other nonprofit 
organizations and alfalfa growers--challenging APHIS' decision to 
deregulate alfalfa events J101 and J163 (referred to in the lawsuit as 
Roundup Ready alfalfa). The lawsuit alleged violations of the National 
Environmental Policy Act (NEPA), the Endangered Species Act, and the 
Plant Protection Act. The court ruled that the deregulation may have 
significant environmental impacts that require the preparation of an 
environmental impact statement (EIS), and that APHIS violated NEPA by 
not preparing an EIS.
    Subsequently, on March 12, 2007, the court issued a preliminary 
injunction order in the case. As of March 12, 2007, all sales of 
Roundup Ready alfalfa seed are prohibited pending the Court's issuance 
of permanent injunctive relief. The court decided that growers who have 
already planted Roundup Ready alfalfa will not be required to remove 
the plants. Additionally, they will be permitted to harvest, use, and 
sell such Roundup Ready alfalfa. The court also prohibited all future 
planting of Roundup Ready alfalfa beginning March 30, 2007. Growers who 
intended to plant Roundup Ready alfalfa before that date and who had 
already purchased the seed prior to the March 12, 2007, preliminary 
injunction order may plant the seed. Growers who intended to plant 
alfalfa after March 30, 2007, or who did not purchase Roundup Ready 
alfalfa seed prior to March 12, 2007, must plant non-genetically 
engineered alfalfa.
    In addition, the court vacated APHIS' June 2005 decision 
deregulating Roundup Ready alfalfa, and the plant line is once again a 
regulated article. In accordance with the court's order, APHIS is 
issuing the appropriate notices informing Roundup Ready alfalfa sellers 
and growers of the terms of the court's preliminary injunction order. 
The court has scheduled a hearing on a permanent injunction for April 
27, 2007.
    By the terms of the court's order, the Monsanto/FGI alfalfa lines 
that were the subject of APHIS' June 2005 determination of nonregulated 
status cited above are once again regulated articles under APHIS' 
regulations in 7 CFR part 340 and the requirements pertaining to 
regulated articles under those regulations will once again apply to the 
subject alfalfa and its progeny.


[[Page 13736]]


    Done in Washington, DC, this 19th day of March 2007.
Kevin Shea,
 Acting Administrator, Animal and Plant Health Inspection Service.
 [FR Doc. E7-5344 Filed 3-22-07; 8:45 am]
BILLING CODE 3410-34-P