Federal Register / Vol. 75, No. 8 / Wednesday, January 13, 2010 / Notices 1749 

DEPARTMENT OF AGRICULTURE 

Forest Service 

Notice of Meeting; Federal Lands 

Recreation Enhancement Act (Title VIII, 

Pub. L. 108–447) 

AGENCY: Pacific Northwest Region, 

Forest Service, USDA. 

ACTION: Notice of Meeting. 

SUMMARY: The Pacific Northwest 

Recreation Resource Advisory 

Committee will meet via a conference 

call. The purpose of the meeting is to 

review and provide recommendations 

on recreation fee proposals for facilities 

and services offered on lands managed 

by the Forest Service and Bureau of 

Land Management in Oregon and 

Washington, under the Federal Lands 

Recreation Enhancement Act of 2004. 

DATES: The conference call will be held 

on February 2, 2010 from 12:30 p.m. to 

4:30 p.m. A public input session will be 

provided at 1 p.m. on February 2, 2010. 

Comments will be limited to three 

minutes per person. 

ADDRESSES: Individuals wishing to 

participate in the conference call or 

provide public comment should contact 

Jocelyn Biro, Recreation Program 

Coordinator (503) 808–2411 or 

jbiro@fs.fed.us. Send written comments 

to Dan Harkenrider, Designated Federal 

Official for the Pacific Northwest 

Recreation RAC, 902 Wasco Street, Suite 

200, Hood River, OR 97031, 541–308– 

1700 or dharkenrider@fs.fed.us. 

FOR FURTHER INFORMATION CONTACT: Dan 

Harkenrider, Designated Federal 

Official, 902 Wasco Street, Suite 200, 

Hood River, OR 97031, 541–308–1700. 

SUPPLEMENTARY INFORMATION: The 

meeting is open to the public. 

Recreation RAC discussion is limited to 

Forest Service and Bureau of Land 

Management staff and Recreation RAC 

members. However, persons who wish 

to bring recreation fee matters to the 

attention of the Committee may file 

written statements with the Committee 

staff before or after the meeting. A 

public input session will be provided 

and individuals who have made written 

requests by January 29, 2010, to the 

Designated Federal Official will have 

the opportunity to address the 

Committee during the meeting on 

February 2, 2010, at 1 p.m. 

The Recreation RAC is authorized by 

the Federal Land Recreation 

Enhancement Act, which was signed 

into law by President Bush in December 

2004. 

Dated: January 6, 2010. 

Lenise Lago, 

Deputy Regional Forester, Pacific Northwest 

Region. 

[FR Doc. 2010–440 Filed 1–12–10; 8:45 am] 

BILLING CODE 3410–11–M 

DEPARTMENT OF AGRICULTURE 

Forest Service 

Eastern Washington Cascades 

Provincial Advisory Committee and the 

Yakima Provincial Advisory Committee 

AGENCY: Forest Service, USDA. 

ACTION: Notice of Meeting. 

SUMMARY: The Eastern Washington 

Cascades Provincial Advisory 

Committee and the Yakima Provincial 

Advisory Committee will meet on 

February 3, 2010 at the OkanoganWenatchee National Forest 

Headquarters office, 215 Melody Lane, 

Wenatchee, WA. During this meeting 

information will be shared about 

Holden Mine clean-up operations, 

Stehekin River Corridor Implementation 

Plan/Environmental Impact Statement, 

and Bureau of Land Management 

Resource Management Plan update. All 

Eastern Washington Cascades and 

Yakima Province Advisory Committee 

meetings are open to the public. 

FOR FURTHER INFORMATION CONTACT: 

Direct questions regarding this meeting 

to Becki Heath, Designated Federal 

Official, USDA, Okanogan-Wenatchee 

National Forest, 215 Melody Lane, 

Wenatchee, Washington 98801, phone 

509–664–9200. 

Dated: January 6, 2010. 

Rebecca Lockett Heath, 

Designated Federal Official, OkanoganWenatchee National Forest. 

[FR Doc. 2010–513 Filed 1–12–10; 8:45 am] 

BILLING CODE 3410–11–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

[Docket No. APHIS–2009–0072] 

Syngenta Biotechnology, Inc.; 

Availability of Petition and 

Environmental Assessment for 

Determination of Nonregulated Status 

for Corn Genetically Engineered for 

Insect Resistance 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Notice. 

SUMMARY: We are advising the public 

that the Animal and Plant Health 

Inspection Service has received a 

petition from Syngenta Biotechnology, 

Inc., seeking a determination of 

nonregulated status for corn designated 

as transformation event MIR162, which 

has been genetically engineered for 

insect resistance. The petition has been 

submitted in accordance with our 

regulations concerning the introduction 

of certain genetically engineered 

organisms and products. In accordance 

with those regulations, we are soliciting 

comments on whether this genetically 

engineered corn is likely to pose a plant 

pest risk. We are also making available 

for public comment an environmental 

assessment for the proposed 

determination of nonregulated status. 

DATES: We will consider all comments 

we receive on or before March 15, 2010. 

ADDRESSES: You may submit comments 

by either of the following methods: 

∑ Federal eRulemaking Portal: Go to 

(http://www.regulations.gov/ 

fdmspublic/component/ 

main?main=DocketDetail&d=APHIS– 

2009–0072) to submit or view comments 

and to view supporting and related 

materials available electronically. 

∑ Postal Mail/Commercial Delivery: 

Please send two copies of your comment 

to Docket No. APHIS–2009–0072, 

Regulatory Analysis and Development, 

PPD, APHIS, Station 3A–03.8, 4700 

River Road Unit 118, Riverdale, MD 

20737–1238. Please state that your 

comment refers to Docket No. APHIS– 

2009–0072. 

Reading Room: You may read any 

comments that we receive on this 

docket in our reading room. The reading 

room 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) 690–2817 before 

coming. 

Other Information: Additional 

information about APHIS and its 

programs is available on the Internet at 

(http://www.aphis.usda.gov). 

FOR FURTHER INFORMATION CONTACT: Dr. 

Subray Hegde, Biotechnology 

Regulatory Services, APHIS, 4700 River 

Road Unit 147, Riverdale, MD 20737– 

1236; (301) 734–0810, email: 

(subray.hegde@aphis.usda.gov). To 

obtain copies of the petition, draft 

environmental assessment or plant pest 

risk assessment, contact Ms. Cindy Eck 

at (301) 734–0667, email: 

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

documents are also available on the 

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

brs/aphisdocs/07_25301p.pdf), (http:// 


srobinson on DSKHWCL6B1PROD with NOTICES
1750 Federal Register / Vol. 75, No. 8 / Wednesday, January 13, 2010 / Notices 

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

07_25301p_pea.pdf) and (http:// 

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

07_25301p_pra.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. 

On September 10, 2007, APHIS 

received a petition seeking a 

determination of nonregulated status 

(APHIS Petition Number 07–253–01p) 

from Syngenta Biotechnology, Inc., of 

Research Triangle Park, NC (Syngenta), 

for corn (Zea mays L.) designated as 

transformation event MIR162, which 

has been genetically engineered for 

insect resistance, stating that corn line 

MIR162 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 

MIR162 corn line has been genetically 

engineered to express the VIP3Aa20 

protein. The VIP3Aa20 gene is based on 

the sequences from Bacillus 

thuringiensis, a common soil bacterium. 

The VIP3Aa20 gene confers tolerance to 

certain lepidopteran (caterpillar) pests 

of corn. Expression of the VIP3Aa20 

gene is driven by the corn ubiquitin 

promoter (ZmUbilnt), and uses the 

terminator sequence from 35S RNA of 

cauliflower mosaic virus (CaMV). 

MIR162 corn also contains the manA 

gene from E. coli, which encodes the 

enzyme phosphomannose isomerase 

(PMI), and was used only as a selectable 

marker during transformant selection 

and confers no other benefits to the 

transformed corn plant. The manA gene 

is also driven by the ZmUbilnt 

promoter, and uses the Nopaline 

Synthase (NOS) gene from 

Agrobacterium tumefaciens as a 

terminator sequence. All of these 

sequences are well-characterized and 

are non-coding regulatory regions only. 

Therefore, these sequences will not 

cause the MIR162 corn line to promote 

plant disease. 

A single copy of these genes and other 

DNA regulatory sequences were 

introduced into the corn genome with 

the transformation vector pNOV1300 

using disarmed (non-plant pest causing) 

A. tumefaciens transformation. Plant 

cells containing the introduced DNA 

were selected by culturing them in sugar 

mannose. After the initial 

transformation, the antibiotic 

cefotoxime was included in the culture 

medium to kill any remaining 

Agrobacterium. Therefore, no part of the 

plant pest A. tumefaciens remained in 

Syngenta MIR162 corn due to the 

transformation method. 

Syngenta’s MIR162 corn line has been 

considered a regulated article under the 

regulations in 7 CFR part 340 because it 

contains gene sequences from plant 

pathogens. The MIR162 corn line has 

been field tested in the United States 

since 1999 as authorized by USDA 

APHIS notifications and permits (see 

appendix A of the petition). In the 

process of reviewing the permits for 

field trials of the subject corn, APHIS 

determined that the vectors and other 

elements used to introduce the new 

genes were disarmed and that the trials, 

which were conducted under conditions 

of reproductive and physical 

confinement or isolation, would not 

present a risk of plant pest introduction 

or dissemination. 

Field tests conducted under USDA 

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. Syngenta has 

petitioned APHIS to make a 

determination that the MIR162 corn line 

and the progeny derived from its crosses 

with other nonregulated corn shall no 

longer be considered regulated articles 

under 7 CFR part 340. 

APHIS has prepared an 

environmental assessment (EA) in 

which it presents two alternatives based 

on its analyses of data submitted by 

Syngenta, 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 the MIR162 corn 

line and it would continue to be a 

regulated article, or (2) grant 

nonregulated status to corn line MIR162 

in whole. 

In § 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. 

The MIR162 corn line is subject to 

regulation by other Federal agencies. 

The U.S. Environmental Protection 

Agency (EPA) is responsible for the 

regulation of pesticides under the 

Federal Insecticide, Fungicide, and 

Rodenticide Act (FIFRA), as amended (7 

U.S.C. 136 et seq.). FIFRA requires that 

all pesticides, including herbicides, be 

registered prior to distribution or sale, 

unless exempt from EPA regulation. In 

order to be registered as a pesticide 

under FIFRA, it must be demonstrated 

that when used with common practices, 

a pesticide will not cause unreasonable 

adverse effects in the environment. 

Under the Federal Food, Drug, and 

Cosmetic Act (FFDCA), as amended (21 

U.S.C. 301 et seq.), pesticides added to 

(or contained in) raw agricultural 

commodities generally are considered to 

be unsafe unless a tolerance or 

exemption from tolerance has been 

established. Residue tolerances for 

pesticides are established by EPA under 

the FFDCA, and the U.S. Food and Drug 

Administration (FDA) enforce the 

tolerances set by EPA. Syngenta 

submitted the appropriate regulatory 

package to EPA on November 2, 2007, 

seeking an exemption from the 

requirement of a tolerance for residues 

from the Vip3Aa20 protein from B. 

thuringiensis. On August 6, 2008, EPA 

granted the exemption. 

FDA’s policy statement concerning 

regulation of products derived from new 

plant varieties, including those 

genetically engineered, was published 

in the Federal Register on May 29, 1992 

(57 FR 22984–23005). Under this policy, 

FDA uses what is termed a consultation 

process to ensure that human and 

animal feed safety issues or other 

regulatory issues (e.g., labeling) are 

resolved prior to commercial 

distribution of a bioengineered food. In 

compliance with the FDA policy, 

Syngenta submitted a food and feed 

safety and nutritional assessment 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 75, No. 8 / Wednesday, January 13, 2010 / Notices 1751 

summary to FDA for their MIR162 corn 

line in 2007. FDA completed their 

consultation on MIR 162 corn on 

December 9, 2008, concluding that FDA 

had ‘‘no further questions concerning 

grain and forage derived from corn 

event MIR162.’’ 

National Environmental Policy Act 

A 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 the MIR162 corn 

line. 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 

public 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 the 

MIR162 corn line and the availability of 

APHIS’ written regulatory and 

environmental decision. 

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 6th day 

of January 2010. 

Cindy Smith 

Administrator, Animal and Plant Health 

Inspection Service. 

[FR Doc. 2010–407 Filed 1–12–10: 2:16 pm] 

BILLING CODE 3410–34–S 

COMMISSION ON CIVIL RIGHTS 

Hearing on the Department of Justice’s 

Actions Related to the New Black 

Panther Party Litigation and Its 

Enforcement of Section 11(b) of the 

Voting Rights Act 

AGENCY: United States Commission on 

Civil Rights. 

ACTION: Notice of hearing. 

DATE AND TIME: Friday, February 12, 

2010; 9:30 a.m. EST. 

PLACE: U.S. Commission on Civil 

Rights, 624 Ninth Street, NW., Room 

540, Washington, DC 20425. 

SUMMARY: Notice is hereby given 

pursuant to the provisions of the Civil 

Rights Commission Amendments Act of 

1994, 42 U.S.C. 1975a, and 45 CFR 

702.3, that public hearings before the 

U.S. Commission on Civil Rights will 

commence on Friday, February 12, 

2010, beginning at 9:30 a.m. EST in 

Washington, DC at the Commission’s 

offices located at 624 Ninth Street, NW., 

Room 540, Washington, DC 20425. An 

executive session not open to the public 

may be convened at any appropriate 

time before or during the hearing. 

The purpose of this hearing is to 

collect information within the 

jurisdiction of the Commission, under 

42 U.S.C. 1975a, related particularly to 

the Department of Justice’s actions in 

the New Black Panther Party Litigation 

and enforcement of Section 11(b) of the 

Voting Rights Act. 

The Commission is authorized to hold 

hearings and to issue subpoenas for the 

production of documents and the 

attendance of witnesses pursuant to 45 

CFR 701.2. The Commission is an 

independent bipartisan, fact finding 

agency authorized to study, collect, and 

disseminate information, and to 

appraise the laws and policies of the 

Federal Government, and to study and 

collect information with respect to 

discrimination or denials of equal 

protection of the laws under the 

Constitution because of race, color, 

religion, sex, age, disability, or national 

origin, or in the administration of 

justice. The Commission has broad 

authority to investigate allegations of 

voting irregularities even when alleged 

abuses do not involve discrimination. 

CONTACT PERSON FOR FURTHER

INFORMATION: Lenore Ostrowsky, Acting 

Chief, Public Affairs Unit (202) 376– 

8591. TDD: (202) 376–8116. 

Persons with a disability requiring 

special services, such as an interpreter 

for the hearing impaired, should contact 

Pamela Dunston at least seven days 

prior to the scheduled date of the 

hearing at 202–376–8105. TDD: (202) 

376–8116. 

Dated: January 8, 2010. 

David Blackwood, 

General Counsel. 

[FR Doc. 2010–497 Filed 1–12–10; 8:45 am] 

BILLING CODE 6335–01–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–489–815] 

Light–Walled Rectangular Pipe and 

Tube from Turkey: Extension of Time 

Limits for Preliminary Results of 

Antidumping Duty Administrative 

Review 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

EFFECTIVE DATE: January 13, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Tyler Weinhold or Robert James, Import 

Administration, International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue, NW, Washington DC 20230; 

telephone: (202) 482–1121 and (202) 

482–0649, respectively. 

SUPPLEMENTARY INFORMATION: 

Background 

At the request of interested parties, on 

June 24, 2009, the Department 

published in the Federal Register a 

notice of initiation of this antidumping 

duty administrative review. See 

Initiation of Antidumping and 

Countervailing Duty Administrative 

Reviews and Requests for Revocation in 

Part, 74 FR 30052, August 25, 2009. The 

review covers the period January 30, 

2008, through April 30, 2009. The 

preliminary results for this 

administrative review is currently due 

no later than January 31, 2010. 

Extension of Time Limits for 

Preliminary Results 

Section 751(a)(3)(A) of the Tariff Act 

of 1930, as amended (the Act), requires 

the Department to complete the 


srobinson on DSKHWCL6B1PROD with NOTICES