84 Federal Register / Vol. 76, No. 1 / Monday, January 3, 2011 / Notices 

at (301) 734–0667, e-mail: 

cynthia.a.eck@aphis.usda.gov. Those 

documents are also available on the 

Internet at http://www.aphis.usda.gov/ 

brs/aphisdocs/08_33801p.pdf, http:// 

www.aphis.usda.gov/brs/aphisdocs/ 

08_33801p_dea.pdf, and http:// 

www.aphis.usda.gov/brs/aphisdocs/ 

08_33801p_dpra.pdf. 

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. Such 

genetically engineered organisms and 

products are considered ‘‘regulated 

articles.’’ 

The regulations in § 340.6(a) provide 

that any person may submit a petition 

to the Animal and Plant Health 

Inspection Service (APHIS) seeking a 

determination that an article should not 

be regulated under 7 CFR part 340. 

Paragraphs (b) and (c) of § 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. 

APHIS has received a petition (APHIS 

Petition Number 08–338–01p) from 

Pioneer Hi-Bred International, Inc. 

(Pioneer) of Johnston, IA, seeking a 

determination of nonregulated status for 

corn (Zea mays L.) designated as DP– 

32138–1, which has been genetically 

engineered to produce male sterile/ 

female inbred plants for the generation 

of hybrid corn seed that is nontransgenic, stating that corn event DP– 

32138–1 is unlikely to pose a plant pest 

risk and, therefore, should not be a 

regulated article under APHIS’ 

regulations in 7 CFR part 340. 

As described in the petition, the 

controlled expression of a seed color 

marker gene and pollen fertility and 

sterility genes allows for the generation 

of red transgenic seed for seed increase 

of male sterile-female inbred lines and 

for the production of non-transgenic 

fertile pollen for use in non-transgenic 

hybrid commercial seed production. 

Corn event DP–32138–1 is currently 

regulated under 7 CFR part 340. 

Interstate movements and field tests of 

corn event DP–32138–1 have been 

conducted under permits issued or 

notifications acknowledged by APHIS. 

Field tests conducted under APHIS 

oversight allowed for evaluation in a 

natural agricultural setting while 

imposing measures to minimize the risk 

of persistence in the environment after 

completion of the test. Data are gathered 

on multiple parameters and used by the 

applicant to evaluate agronomic 

characteristics and product 

performance. These data are used by 

APHIS to determine if the new variety 

poses a plant pest risk. Pioneer has 

petitioned APHIS to make a 

determination that corn event DP– 

32138–1 shall no longer be considered 

a regulated article under 7 CFR part 340. 

In section 403 of the Plant Protection 

Act (7 U.S.C. 7701 et seq.), ‘‘plant pest’’ 

is defined as any living stage of any of 

the following that can directly or 

indirectly injure, cause damage to, or 

cause disease in any plant or plant 

product: A protozoan, a nonhuman 

animal, a parasitic plant, a bacterium, a 

fungus, a virus or viroid, an infectious 

agent or other pathogen, or any article 

similar to or allied with any of the 

foregoing. APHIS has prepared a plant 

pest risk assessment to determine if corn 

event DP–32138–1 is unlikely to pose a 

plant pest risk. 

APHIS has also prepared a draft 

environmental assessment (EA) in 

which it presents two alternatives based 

on its analyses of data submitted by 

Pioneer, a review of other scientific 

data, and field tests conducted under 

APHIS oversight. APHIS is considering 

the following alternatives: (1) Take no 

action, i.e., APHIS would not change the 

regulatory status of corn event DP– 

32138–1 and it would continue to be a 

regulated article, or (2) grant 

nonregulated status to corn event DP– 

32138–1 in whole. 

The draft EA has been prepared to 

provide the APHIS decisionmaker with 

a review and analysis of any potential 

environmental impacts associated with 

the proposed determination of 

nonregulated status for corn event DP– 

32138–1. The draft EA was prepared in 

accordance with (1) the National 

Environmental Policy Act of 1969 

(NEPA), as amended (42 U.S.C. 4321 et 

seq.), (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). 

In accordance with § 340.6(d) of the 

regulations, we are publishing this 

notice to inform the public that APHIS 

will accept written comments regarding 

the petition for a determination of 

nonregulated status from interested or 

affected persons for a period of 60 days 

from the date of this notice. We are also 

soliciting written comments from 

interested or affected persons on the 

draft EA prepared to examine any 

potential environmental impacts of the 

proposed determination for the 

deregulation of the subject corn line, 

and the plant pest risk assessment. The 

petition, draft EA, and plant pest risk 

assessment are available for public 

review, and copies of the petition, draft 

EA, and plant pest risk assessment are 

available as indicated under ADDRESSES

and FOR FURTHER INFORMATION CONTACT

above. 

After the comment period closes, 

APHIS will review all written comments 

received during the comment period 

and any other relevant information. All 

comments received regarding the 

petition, draft EA, and plant pest risk 

assessment will be available for public 

review. After reviewing and evaluating 

the comments on the petition, the draft 

EA, plant pest risk assessment, and 

other data, APHIS will furnish a 

response to the petitioner, either 

approving or denying the petition. 

APHIS will then publish a notice in the 

Federal Register announcing the 

regulatory status of corn event DP– 

32138–1 and the availability of APHIS’ 

written environmental decision and 

regulatory determination. 

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 27th day of 

December, 2010 . 

Gregory L. Parham, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2010–33083 Filed 12–30–10; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Forest Service 

Notice of Environmental Impact 

Statement; Withdrawal 

AGENCY: Forest Service, USDA. 

ACTION: Notice of withdrawal of intent 

to prepare an environmental impact 

statement. 

SUMMARY: The United States Department 

of Agriculture, Forest Service, Prescott 

National Forest, is withdrawing the 

March 2, 2010, Federal Register notice 

(75 FR 9388) which announced their 

intent to prepare an Environmental 

Impact Statement in accordance with 

the National Environmental Policy Act, 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 76, No. 1 / Monday, January 3, 2011 / Notices 85 

42 U.S.C. 4321 (NEPA), to analyze the 

environmental impacts of vegetation 

management treatments in the Prescott 

Basin area. The original proposal 

included vegetation treatments to 

reduce fuels exceeding 9′′ in diameter in 

Mexican Spotted Owl (MSO) Protected 

Activity Centers. This proposal would 

have been in conflict with the MSO 

recovery guidelines that had been 

incorporated into the Prescott National 

Forest’s Land and Resource 

Management Plan. Subsequently the 

Forest Service entered into a new 

consultation with the United States Fish 

and Wildlife Service regarding the MSO 

and other threatened or endangered 

species. During this period of reconsultation, the responsible official on 

Prescott National Forest has determined 

that it would be unwise to pursue such 

vegetation treatments that could result 

in a negative impact to the MSO. 

Without these treatments in MSO 

protected activity centers, it was 

recognized that significant impacts to 

the environment would be highly 

unlikely, and therefore an 

Environmental Impact Statement would 

probably not be required and an 

Environmental Assessment would be 

prepared. 

DATES: This withdrawal of the Notice of 

Intent is effective on the date of this 

publication in the Federal Register. 

ADDRESSES: USDA Forest Service, 

Prescott National Forest, 344 S Cortez 

St., Prescott, AZ 86303. 

FOR FURTHER INFORMATION CONTACT: Jodi 

Wetzstein, Prescott National Forest 

Silviculturalist; 928–443–8041. 

Dated: December 20, 2010. 

Thomas Klabunde, 

Acting Forest Supervisor. 

[FR Doc. 2010–33130 Filed 12–30–10; 8:45 am] 

BILLING CODE 3410–11–P 

DEPARTMENT OF AGRICULTURE 

Forest Service 

Nye/White Pine County Resource 

Advisory Committee (RAC) 

AGENCY: Forest Service, USDA. 

ACTION: Notice of meeting. 

SUMMARY: The Nye/White Pine County 

Resource Advisory Committee (RAC) 

will hold a meeting. 

DATES: The meeting will be held on 

January 11th, 2011 and will begin at 10 

a.m. 

ADDRESSES: The meeting will be held in 

Nye County at the Bureau of Land 

Management, 1553 S. Erie Main Street, 

Tonopah, Nevada 89049. 

FOR FURTHER INFORMATION CONTACT: Jose 

Noriega, RAC Coordinator, USDA, 

Humboldt-Toiyabe National Forest, Ely 

Ranger District, 825 Avenue E Ely, NV 

89301 (775) 289–3031; e-mail 

jnoriega@fs.fed.us. 

SUPPLEMENTARY INFORMATION: Agenda 

items include: (1) Introductions, getting 

acquainted; (2) Understand the role of 

the committee under the Act; (3) Review 

operational guides; (4) Elect 

Chairperson; (5) Review and 

recommend funding allocation for 

proposed projects; (6) Determine 

timeframes for the next round of project 

proposals; and (7) Public Comment. The 

meeting is open to the public. Public 

input opportunity will be provided and 

individuals will have the opportunity to 

address the Committee at that time. 

Dated: December 1, 2010. 

Steven Williams, 

Designated Federal Official. 

[FR Doc. 2010–32535 Filed 12–30–10; 8:45 am] 

BILLING CODE 3410–11–M 

DEPARTMENT OF AGRICULTURE 

Forest Service 

Coconino Resource Advisory 

Committee 

AGENCY: Forest Service, USDA. 

ACTION: Notice of meeting. 

SUMMARY: The Coconino Resource 

Advisory Committee will meet in 

Flagstaff, Arizona, to finalize the Project 

Submission Form, Project Evaluation 

Checklist, and discuss any additional 

last minute items to prepare to hear 

proposals in the future. No proposals 

will be heard at this meeting. 

DATES: The meeting will be held January 

27, 2011, beginning at 1 p.m. to 

approximately 4 p.m. 

ADDRESSES: The meeting will be held in 

the Ponderosa Room of the Coconino 

County Health Department, 2625 N. 

King St., Flagstaff, Arizona 86004. Send 

written comments to Brady Smith, RAC 

Coordinator, Coconino Resource 

Advisory Committee, c/o Forest Service, 

USDA, 1824 S. Thompson St., Flagstaff, 

Arizona 86001 or electronically to 

bradysmith@fs.fed.us. 

FOR FURTHER INFORMATION CONTACT: 

Brady Smith, Coconino National Forest, 

(928) 527–3490. 

SUPPLEMENTARY INFORMATION: Agenda 

items for this meeting include (1) Public 

Comment Period; (2) Project Submission 

Form discussion and finalization; (3) 

Project Evaluation Checklist discussion 

and finalization. The meeting is open to 

the public. 

Dated: December 27, 2010. 

Paul Flanagan, 

Acting Forest Supervisor, Coconino National 

Forest. 

[FR Doc. 2010–33095 Filed 12–30–10; 8:45 am] 

BILLING CODE 3410–11–P 

DEPARTMENT OF AGRICULTURE 

Forest Service 

National Urban and Community 

Forestry Advisory Council 

AGENCY: Forest Service, USDA. 

ACTION: Notice of meeting. 

SUMMARY: The National Urban and 

Community Forestry Advisory Council 

will meet in Washington, DC, January at 

the USDA Whitten Building. The 

purpose of the Council’s meeting is to 

discuss finalizing their 2010 annual 

accomplishment report, 

recommendations for the Secretary of 

Agriculture, develop the 2011 plan of 

work, hear from some of the Urban and 

Community Forestry grant recipients on 

completed grant findings, and hear 

public input related to urban and 

community forestry. 

DATES: The meeting will be held on 

January 26 and 27, 2011, 9 a.m. to 5 

p.m. or until Council business is 

completed. 

ADDRESSES: The meeting will be held at 

the USDA Whitten Building, 12th and 

Jefferson Drive, SW., Washington, DC 

20250. Phone: 202–205–1054. 

Written comments concerning this 

meeting should be addressed to Nancy 

Stremple, Executive Staff to National 

Urban and Community Forestry 

Advisory Council, 201 14th Street, SW., 

Yates Building (1 Central) MS–1151, 

Washington, DC 20250–1151. 

Comments may also be sent via e-mail 

to nstremple@fs.fed.us, or via facsimile 

to 202–690–5792. 

All comments, including names and 

addresses when provided, are placed in 

the record and are available for public 

inspection and copying. Visitors are 

encouraged to call ahead to facilitate 

entry into the Forest Service building. 

FOR FURTHER INFORMATION CONTACT: 

Mary Dempsey, Staff Assistant to 

National Urban and Community 

Forestry Advisory Council, 201 14th 

Street, SW., Yates Building (1 Central) 

MS–1151, Washington, DC 20250–1151, 

phone 202–205–1054. 

Individuals who use 

telecommunication devices for the deaf 

(TDD) may call the Federal Information 

Relay Service (FIRS) at 1–800–877–8339 

between 8 a.m. and 8 p.m., Eastern 

Standard Time, Monday through Friday. 


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