[Federal Register Volume 72, Number 149 (Friday, August 3, 2007)]
[Notices]
[Pages 43222-43223]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-15120]


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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. 149 / Friday, August 3, 2007 / 
Notices  

[[Page 43222]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. 04-085-5]


Contact Information for Alfalfa Producers To Determine Proximity 
to Roundup Ready Alfalfa Fields

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice.

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SUMMARY: We are advising the public that on August 6, 2007, the Animal 
and Plant Health Inspection Service will begin operating a toll-free 
telephone number for use by conventional and organic alfalfa farmers 
and prospective alfalfa farmers to inquire about the proximity of their 
farms or fields to Roundup Ready alfalfa. This action is being taken in 
compliance with a judgment and order by the United States District 
Court for the Northern District of California in Geertson Seed Farms, 
et al. v. Mike Johanns, Secretary of the United States Department of 
Agriculture, et al., Case No. 06-01075.

FOR FURTHER INFORMATION CONTACT: The toll-free number for alfalfa 
farmers to request field locations is (866) 724-6408. For all other 
information, contact Mr. 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.
    In a notice published in the Federal Register on June 27, 2005 (70 
FR 36917-36919, Docket No. 04-085-3), the Animal and Plant Health 
Inspection Service (APHIS), United States Department of Agriculture, 
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 our 
regulations governing the introduction of certain genetically 
engineered organisms.
    On February 13, 2007, the United States District Court for the 
Northern District of California issued a ruling in a lawsuit filed by 
several 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, the court issued a preliminary injunction order in 
the case on March 12, 2007, a permanent injunction and judgment on May 
3, 2007, and an amended judgment on July 23, 2007. Among other things, 
these orders prohibited all sales of Roundup Ready alfalfa seed and 
prohibited all future planting of Roundup Ready alfalfa beginning March 
30, 2007. The May 3, 2007, injunction ordered defendant-interveners 
Monsanto and FGI to provide APHIS with GPS and plat locations of all 
Roundup Ready alfalfa production acreage, which APHIS in turn would be 
required to post on a Government Web site. However, the July 23, 2007, 
amended judgment altered that requirement and instead ordered that 
APHIS disclose Roundup Ready alfalfa locations to farmers and 
prospective farmers only, under a three-part disclosure mechanism. 
First, APHIS is to disclose to farmers the counties in 17 Western 
States in which Roundup Ready seed or hay fields are located; second, 
APHIS is to specify, both on its Web site and in a Federal Register 
notice, the toll-free number that farmers in or adjacent to those 
identified counties may use to request the distances from the nearest 
Roundup Ready alfalfa fields to their crops; and third, APHIS is to 
respond to requests from farmers through the toll-free number for the 
distances of up to five Roundup Ready alfalfa fields nearest to the 
requesting farmer's property within the county or adjacent county 
identified.
    We are complying with the first condition, the disclosure of 
counties in 17 Western States in which Roundup Ready seed and hay 
fields are located, by providing a link on APHIS' Biotechnology 
Regulatory Services (BRS) homepage at http://www.aphis.usda.gov/biotechnology/brs_main.shtml. The listing, which also includes 
information that is available about Roundup Ready alfalfa fields in 
States other than the 17 Western States, can be accessed by a link at 
the Web site's bottom right side that reads ``I want to learn about the 
status of Roundup Ready alfalfa.''
    In accordance with the second and third conditions of the court's 
order, on August 6, 2007, APHIS will begin operating a toll-free 
telephone number for use by alfalfa farmers and prospective alfalfa 
farmers to inquire about the proximity of their fields to Roundup Ready 
alfalfa. The number is (866) 724-6408. An operator will be available 
from 9 a.m. to 5 p.m. eastern time, Monday through Friday (except 
holidays).
    Callers must comply with the following two requirements. First, 
they must be a person who either currently plants conventional or 
organic alfalfa or plans to do so. Second, they must be ready to 
provide the operator with either the latitude and longitude coordinates 
or the mailing address of their farm or field where the alfalfa is or 
will be grown. Other types of location information cannot be accepted, 
and only one location from each caller per phone call will be accepted.
    Callers will be provided the distance from the property they 
identify to the nearest five fields in the same or adjacent counties 
that have been planted with Roundup Ready seed. The locations of 
Roundup Ready alfalfa fields were provided to APHIS by dealers, 
distributors, and producers of

[[Page 43223]]

seed under the same court orders referenced above. APHIS cannot verify 
the accuracy of the location information provided by industry. 
Currently, APHIS has only obtained complete location information for 17 
Western States \1\ where Roundup Ready seed or hay is grown. 
Conventional and organic alfalfa farmers in States other than the 17 
Western States should not call the toll-free number until after APHIS 
has received complete location information from the industry. Please 
check the APHIS/BRS Web site after September 27, 2007, for a time line 
of when APHIS believes it will have complete location information for 
the other States.
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    \1\ These 17 Western States are Arizona, California, Colorado, 
Idaho, Kansas, Montana, Nebraska, Nevada, New Mexico, North Dakota, 
Oklahoma, Oregon, South Dakota, Texas, Utah, Washington, and 
Wyoming.
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    The toll-free telephone number is for field location information 
only. For additional information on the Roundup Ready issue, please 
visit the following Web site: http://www.aphis.usda.gov/biotechnology/alfalfa.shtml.

    Done in Washington, DC, this 30th day of July 2007.
Elizabeth E. Gaston,
Acting Administrator, Animal and Plant Health Inspection Service.
 [FR Doc. E7-15120 Filed 8-2-07; 8:45 am]
BILLING CODE 3410-34-P