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[Federal Register Volume 79, Number 138 (Friday, July 18, 2014)]
[Proposed Rules]
[Pages 41934-41935]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-16927]

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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 340

[Docket No. APHIS-2006-0124]
RIN 0579-AC08

Sharing Certain Business Information Regarding the Introduction 
of Genetically Engineered Organisms With State and Tribal Government 
Agencies

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule; withdrawal.

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SUMMARY: We are withdrawing a proposed rule that would have amended the 
regulations regarding genetically engineered organisms regulated by the 
United States Department of Agriculture by adding provisions for 
sharing certain business information with State and Tribal government 
agencies. We have decided to withdraw the proposed rule to ensure that 
our ability to protect confidential business information from 
disclosure is maintained.

DATES: The proposed rule published on February 27, 2013 (78 FR 13286-
13294) is withdrawn, as of July 18, 2014.

FOR FURTHER INFORMATION CONTACT: Ms. Chessa Huff-Woodard, Biotechnology 
Regulatory Services, APHIS, 4700 River Road Unit 146, Riverdale, MD 
20737-1236; (301) 851-3943.

SUPPLEMENTARY INFORMATION:

Background

    On February 27, 2013, the Animal and Plant Health Inspection 
Service (APHIS) published in the Federal Register a proposal \1\ (78 FR 
13286-13294, Docket No. APHIS-2006-0124) to amend the regulations to 
share certain confidential business information (CBI) with State and 
Tribal regulatory officials. APHIS proposed to share certain CBI 
contained in permit applications and notifications

[[Page 41935]]

for importations, interstate movements, and releases into the 
environment of regulated genetically engineered (GE) organisms only 
with those specific State or Tribal agencies that have jurisdiction 
over GE agricultural crops and/or products, to enable the State and 
Tribal governments to better review and comment on notifications and 
permit applications received by APHIS and provide information, 
comments, and recommendations to APHIS.
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    \1\ To view the proposed rule, supporting documents, and the 
comments we received, go to http://www.regulations.gov/#!docketDetail;D=APHIS-2006-0124.
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    Since publication of the proposed rule, we have discovered 
potential vulnerabilities under the Freedom of Information Act (FOIA). 
While CBI is protected from mandatory public disclosure under FOIA (5 
U.S.C. 552(b)(4)), we conducted an in-depth review of FOIA and 
determined that disclosure of CBI to State and Tribal regulatory 
officials may constitute a waiver of this FOIA exemption. Specifically, 
under FOIA, the States are considered members of ``the public.'' 
Because disclosure to one member of the public means disclosure to the 
general public, APHIS may be required to disclose the CBI shared with 
State and Tribal regulatory officials to anyone who requests the same 
information under FOIA. FOIA mandates that Federal agencies must or may 
withhold CBI, and we are committed to protecting CBI. Therefore, we 
have now decided to withdraw the February 27, 2013, proposed rule in 
order to ensure protection of CBI provided to APHIS in notifications 
and permit applications.

    Authority: 7 U.S.C. 7701-7772 and 7781-7786; 31 U.S.C. 9701; 7 
CFR 2.22, 2.80, and 371.3.

    Done in Washington, DC, this 14th day of July 2014.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2014-16927 Filed 7-17-14; 8:45 am]
BILLING CODE 3410-34-P
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