![](media/image1.wmf){width="3.5625in" height="0.9354166666666667in"}

[660 Pennsylvania Ave., SE , Suite 302, Washington, DC
20003]{.smallcaps}

[(202) 547-9359 fax (202) 547-9429]{.smallcaps}

[2601 Mission St., Suite 803, San Francisco, CA 94129]{.smallcaps}

\(415\) 826-2770 [fax]{.smallcaps} (415) 826-0570

[www.centerforfoodsafety.org]{.smallcaps}

January 28, 2009

Docket No. APHIS---2008---0094

Regulatory Analysis and Development

PPD, APHIS

Station 3A-03.8

4700 River Road Unit 118

Riverdale, MD 20737-1238

**RE: Docket No. APHIS-2008-0094**

**Request for Extension to Comment Deadline for Pioneer Hi-Bred
International, Inc.: Availability of Petition and Environmental
Assessment for Determination of Nonregulated Status for Corn Genetically
Engineered for Tolerance to Glyphosate and Acetolactate
Synthase-Inhibiting Herbicides**

To Whom It May Concern:

Please find below a request for a 60-day extension of the public comment
deadline from February 6 to April 7, 2009 regarding the proposed APHIS
action noted above.

Sincerely,

George Kimbrell, Staff Attorney

<gkimbrell@icta.org>

Bill Freese, Science Policy Analyst

<bfreese@icta.org>

The Center for Food Safety

202-547-9359

![](media/image1.wmf){width="3.5625in" height="0.9354166666666667in"}

[660 Pennsylvania Ave., SE , Suite 302, Washington, DC
20003]{.smallcaps}

[(202) 547-9359 fax (202) 547-9429]{.smallcaps}

[2601 Mission St., Suite 803, San Francisco, CA 94129]{.smallcaps}

\(415\) 826-2770 [fax]{.smallcaps} (415) 826-0570

[www.centerforfoodsafety.org]{.smallcaps}

January 27, 2009

Mr. Tom Vilsack, Secretary

U.S. Department of Agriculture

1400 Independence Avenue, SW

Washington, DC 20250

Fax: (202) 720-2166

RE: Request for extension of public comment deadline regarding APHIS
decision on genetically engineered corn variety

Dear Secretary Vilsack,

USDA's Animal and Plant Health Inspection Service (APHIS) is evaluating
a petition from Pioneer Hi-Bred International (Pioneer) to deregulate a
genetically engineered ("GE") corn variety engineered for tolerance to
glyphosate and acetolactate synthase-inhibiting herbicides, and has
issued a draft environmental assessment ("EA"). Pursuant to the USDA's
December 8, 2008 Federal Register notice,[^1] the Center for Food Safety
("CFS") respectfully requests a 60-day extension of the comment
deadline, from February 6, 2009 to April 7, 2009.

The Center for Food Safety (CFS) is a non-profit, membership
organization that works to protect human health and the environment by
supporting improved regulation of food production technologies and by
promoting organic and other forms of sustainable agriculture. CFS
represents 67,000 members throughout the country. CFS intends on fully
participating in the notice and comment process and welcomes this and
any other opportunities to communicate with the agency on this topic.

CFS believes a comment extension is warranted and necessary for a number
of reasons. First, the new administration has recently frozen all
proposed rules and regulations pending new policy and legal review.[^2]
The memorandum instructs agencies to consider extending the effective
date of proposed rules and regulations not yet final for 60 days, in
part to allow interested parties to provide comments about questions of
law or policy raised by the proposed actions. Although this action is
not technically a proposed rule or regulation but rather a proposed
determination of nonregulated status, it does raise important policy and
legal issues that require careful review. Accordingly, APHIS should
similarly extend the deadline for public comment on this proposed action
for 60 days.

The proposed action is deregulation of the first genetically engineered
(GE) corn variety explicitly developed and marketed to survive direct
application of two herbicides. Deregulation would remove this crop and
its progeny from APHIS's regulatory authority, thus permitting
unregulated commercial cultivation. Corn is grown on 80 to over 90
million acres each year, America's most widely grown crop. Important
policy issues include the potential for unregulated cultivation of this
corn variety to foster increased pesticide use, which would be at odds
with long-standing policy commitments of the U.S. Dept. of Agriculture
and the Environmental Protection Agency to reduce pesticide use through
promotion of Integrated Pest Management in American agriculture. Legal
issues include the question of whether the USDA's draft environmental
assessment (the basis for the proposed deregulation) complies with the
National Environmental Policy Act and the Plant Protection Act.

Over the past few months, CFS and other interested parties have been
extremely busy responding to several similar actions by the Bush
Administration's USDA. We are concerned that the time remaining until
the February 6th deadline will not be sufficient for CFS and other
parties to provide informed comment. The deregulation petition and draft
environmental assessment present many complex legal, policy and
scientific issues, and meaningful public input will require a
substantial amount of time and effort. The requested extension is
necessary to provide interested parties an appropriate opportunity to
develop meaningful comments.

Meaningful public comment facilitated by an extension of the deadline
can only help the incoming administration's USDA to make the best
possible decision with regard to this matter. We would be happy to
discuss this matter at your convenience.

Respectfully submitted,

George Kimbrell Bill Freese

Staff Attorney Science Policy Analyst

The Center for Food Safety The Center for Food Safety

<gkimbrell@icta.org> <bfreese@icta.org>

> 202-547-9359 x14

cc:

Dr. Natalia Weinsetel, APHIS Biotechnology Regulatory Services

Ms. Cindy Eck, APHIS

Also submitted to Docket No. APHIS--2008--0094

[^1]: Federal Register Vol. 73, No. 236: 74453-54; Docket No.
    APHIS-2008-0094.

[^2]: Rahm Emanuel, *Memorandum For The Heads of Executive Departments
    and Agencies*, Regulatory Review, January 20, 2009.