[Federal Register Volume 76, Number 22 (Wednesday, February 2, 2011)]
[Notices]
[Pages 5780-5781]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-2268]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2007-0044]


Determination of Regulated Status of Alfalfa Genetically 
Engineered for Tolerance to the Herbicide Glyphosate; Record of 
Decision

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice.

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SUMMARY: This notice advises the public of the Animal and Plant Health 
Inspection Service's (APHIS) record of decision and determination on 
the petition regarding the regulated status of alfalfa genetically 
engineered for tolerance to the herbicide glyphosate based on APHIS' 
final environmental impact statement.

FOR FURTHER INFORMATION CONTACT: Dr. Rebecca L. Stankiewicz Gabel, 
Senior Environmental Protection Specialist, Environmental Risk Analysis 
Programs, BRS, APHIS, 4700 River Road Unit 147, Riverdale, MD 20737-
1238; (301) 734-5603. To obtain copies of the record of decision or the 
final environmental impact statement on which the record of decision is 
based, contact Ms. Cindy Eck at (301) 734-0667, e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: This notice advises the public that the 
Animal and Plant Health Inspection Service (APHIS) has prepared a 
record of decision and determination on the petition regarding the 
regulated status of alfalfa genetically engineered for tolerance to the 
herbicide glyphosate based on an environmental impact statement (EIS) 
prepared in connection with its determination.
    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 (GE) organisms and products are considered ``regulated 
articles.''
    The regulations in Sec.  340.6(a) provide that any person may 
submit a petition to APHIS seeking a determination that an article 
should not be regulated under 7 CFR part 340. Paragraphs (b) and (c)

[[Page 5781]]

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 and Forage 
Genetics International GE glyphosate-tolerant alfalfa lines designated 
as events J101 and J163 were no longer considered regulated articles 
under the regulations governing the introduction of certain GE 
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 GE 
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 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 making a new determination on the 
regulated status of the GE alfalfa.
    On December 18, 2009, the Environmental Protection Agency published 
a notice in the Federal Register (74 FR 67206-67207, Docket No. ER-FRL-
8986-6) announcing the availability of a draft EIS in connection with 
making a determination on the regulated status of the GE alfalfa. 
Comments on the draft EIS were to have been received on or before 
February 16, 2010. APHIS subsequently published a notice \1\ in the 
Federal Register on February 24, 2010 (75 FR 8299-8300, Docket No. 
APHIS-2007-0044), extending the comment period through March 3, 2010.
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    \1\ This and the subsequent notices mentioned in this notice, as 
well as comments received, supporting and related materials, and 
other documents can be viewed at http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2007-0044.
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    In December 2010, APHIS published and distributed the final EIS, 
which included discussion of the public comments received on the draft 
EIS. On December 23, 2010, the Environmental Protection Agency 
published a notice in the Federal Register (75 FR 80807-80808, Docket 
No. ER-FRL-8994-3) announcing the availability of the final EIS. The 
NEPA implementing regulations in 40 CFR 1506.10 require a 30-day review 
period between the time a final EIS is published and the time an agency 
makes a decision on an action covered by the EIS. APHIS received more 
than 16,000 comments on the final EIS by the time this review period 
ended on January 24, 2011.
    APHIS has reviewed the final EIS and has concluded that it has 
fully analyzed the issues covered by the draft EIS and those comments 
and suggestions submitted by commenters. APHIS has now prepared a 
record of decision based on the final EIS and is making that record 
available to the public. The record of decision and the final EIS on 
which the record of decision is based may be viewed on the Internet at 
http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2007-0044. Copies of those documents may 
also be obtained from the person listed under FOR FURTHER INFORMATION 
CONTACT.
    The record of decision has been prepared in accordance with: (1) 
NEPA, (2) regulations of the Council on Environmental Quality for 
implementing the procedural provisions of NEPA (40 CFR parts 1500-
1508), (3) USDA regulations implementing NEPA (7 CFR part 1b), and (4) 
APHIS' NEPA Implementing Procedures (7 CFR part 372).

    Done in Washington, DC, this January 27, 2011.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2011-2268 Filed 2-1-11; 8:45 am]
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