[Federal Register Volume 76, Number 130 (Thursday, July 7, 2011)]
[Notices]
[Page 39811]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-17118]



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 Notices

                                                 Federal Register

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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 

 and investigations, committee meetings, agency decisions and rulings, 

 delegations of authority, filing of petitions and applications and agency 

 statements of organization and functions are examples of documents 

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  Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / 

Notices  



[[Page 39811]]







DEPARTMENT OF AGRICULTURE



Animal and Plant Health Inspection Service



[Docket No. APHIS-2011-0081]




International Center for Technology Assessment and the Center for 

Food Safety; Noxious Weed Status of Kentucky Bluegrass Genetically 

Engineered for Herbicide Tolerance



AGENCY: Animal and Plant Health Inspection Service, USDA.



ACTION: Notice.



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SUMMARY: We are advising the public of our decision that Kentucky 

bluegrass that has been genetically engineered for tolerance to the 

herbicide glyphosate should not be listed as a Federal noxious weed and 

therefore will not be regulated under the Animal and Plant Health 

Inspection Service's regulations for noxious weeds. Our decision is 

based on our analysis of available scientific data, our weed risk 

assessment, and other available information.



ADDRESSES: The assessment and other related documents cited in this 

notice may be viewed at http://www.regulations.gov/#!docketDetail;D=APHIS-2011-0081 or in our reading room, which 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) 6902817 before coming.

    You may view APHIS' 2011 response to the petition, as well as our 

weed risk assessment and other related documents, on the APHIS Web site 

at http://www.aphis.usda.gov/plant_health/plant_pest_info/weeds/newregs.shtml.



FOR FURTHER INFORMATION CONTACT: Dr. Alan Tasker, National Program 

Manager (Noxious Weeds), Emergency and Domestic Programs, Plant 

Protection and Quarantine, APHIS, 4700 River Road Unit 26, Riverdale, 

MD 20737-1236; (301) 734-5708, e-mail: [email protected]. 

Dr. Tasker may also be contacted to obtain copies of the weed risk 

assessment and APHIS' response to the petition.



SUPPLEMENTARY INFORMATION:



Background



    The Plant Protection Act (PPA, 7 U.S.C. 7701 et seq.), authorizes 

the Secretary of Agriculture to prohibit or restrict the importation, 

entry, exportation, or movement in interstate commerce of any plant, 

plant product, biological control organism, noxious weed, article, or 

means of conveyance if the Secretary determines that the prohibition or 

restriction is necessary to prevent the introduction of a plant pest or 

noxious weed into the United States or dissemination of a plant pest or 

noxious weed within the United States.

    The PPA defines ``noxious weed'' as ``any plant or plant product 

that can directly or indirectly injure or cause damage to crops 

(including nursery stock or plant products), livestock, poultry, or 

other interests of agriculture, irrigation, navigation, and the natural 

resources of the United States, the public health, or the 

environment.''

    Under the authority of the PPA, the Animal and Plant Health 

Inspection Service (APHIS) administers the regulations in 7 CFR part 

360, ``Noxious Weed Regulations,'' which prohibit or restrict the 

importation and interstate movement of those plants that we have 

designated as noxious weeds in Sec.  360.200 (the Federal noxious weed 

list). Noxious weeds are likely to be aggressively invasive, have 

significant negative impacts, and are extremely difficult to manage or 

control once established. If APHIS determines that a plant poses a 

level of harm that would warrant its designation as a Federal noxious 

weed, APHIS may place the plant on the Federal noxious weed list and 

regulate it under 7 CFR part 360.

    In a petition dated July 18, 2002, the International Center for 

Technology Assessment and the Center for Food Safety (the petitioners) 

requested that APHIS list two turf grasses, including Kentucky 

bluegrass that has been genetically engineered for tolerance to the 

herbicide glyphosate, as Federal noxious weeds. On May 13, 2003, APHIS 

responded to the petition and declined the request to list the turf 

grasses as Federal noxious weeds based on scientific weed risk 

assessments prepared by the Agency. Subsequently, the petitioners 

challenged APHIS' decision in Federal court. On February 5, 2007, the 

United States District Court for the District of Columbia vacated 

APHIS' denial of the petition and remanded the matter back to APHIS.

    APHIS has prepared a new weed risk assessment (WRA) for Kentucky 

bluegrass, which encompasses Kentucky bluegrass that has been 

genetically engineered for tolerance to the herbicide glyphosate as 

well as non-herbicide-tolerant Kentucky bluegrass.

    Based on its analysis, APHIS has determined that Kentucky bluegrass 

does not pose a level of harm that would warrant its listing as a 

noxious weed. For that reason, APHIS is denying the petitioners' 

request to list Kentucky bluegrass that has been genetically engineered 

for tolerance to the herbicide glyphosate as a Federal noxious weed 

under 7 CFR part 360. APHIS is furnishing a response to the petitioner 

denying the petition.

    The WRA and other related documents are available for public review 

and copies are available as indicated under ADDRESSES and FOR FURTHER 

INFORMATION CONTACT above. In addition to noxious weeds, APHIS 

regulates plant pests under authority of the PPA. In a separate notice 

published in today's Federal Register, we are advising the public of 

our decision that Kentucky bluegrass genetically engineered by the 

Scotts Miracle-Gro Company (Scotts) for tolerance to the herbicide 

glyphosate without the use of plant pest components does not meet the 

definition of a regulated article under APHIS regulations for 

genetically engineered organisms in 7 CFR part 340.



    Authority:  7 U.S.C. 7701-7772 and 7781-7786; 7 CFR 2.22, 2.80, 

and 371.3.



    Done in Washington, DC, this 1st day of July 2011.

Gregory L. Parham,

Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 2011-17118 Filed 7-6-11; 8:45 am]

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