Federal Register / Vol. 78, No. 103 / Wednesday, May 29, 2013 / Notices 32231 

intended to protect other States that 

would be endangered by the 

introduction of a quarantine pest 

established elsewhere in the United 

States. 

APHIS is aware that individual States 

enforce phytosanitary regulations and 

procedures within their borders to 

address pests of concern, and that those 

pests are not always also the subject of 

an APHIS response program or activity. 

To strengthen APHIS’ safeguarding 

system to protect agriculture and to 

facilitate agriculture trade through 

effective management of phytosanitary 

measures, APHIS initiated the Federally 

Recognized State Managed 

Phytosanitary (FRSMP) Program, which 

establishes an administrative process for 

granting Federal recognition to certain 

State-managed official control programs 

for plant pest eradication or 

containment and State-managed pest 

exclusion programs. (The FRSMP 

Program was previously referred to as 

the Official Control Program.) Federal 

recognition of a State’s pest control 

activities will justify actions by Federal 

inspectors at ports of entry to help 

exclude pests that are under a 

phytosanitary program in a destination 

State. This process involves the use of 

information collection activities, 

including the submission by States of a 

protocol for quarantine pests of concern 

and a protocol for regulated nonquarantine pests. 

These information collection 

activities were previously approved by 

the Office of Management and Budget 

(OMB) with an estimated total annual 

burden on respondents of 106,000 

hours. However, we overestimated the 

number of respondents, and we have 

adjusted the estimated total annual 

burden on respondents to 1,399 hours. 

We are asking OMB to approve these 

information collection activities for an 

additional 3 years. 

The purpose of this notice is to solicit 

comments from the public (as well as 

affected agencies) concerning our 

information collection. These comments 

will help us: 

(1) Evaluate whether the collection of 

information is necessary for the proper 

performance of the functions of the 

Agency, including whether the 

information will have practical utility; 

(2) Evaluate the accuracy of our 

estimate of the burden of the collection 

of information, including the validity of 

the methodology and assumptions used; 

(3) Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

(4) Minimize the burden of the 

collection of information on those who 

are to respond, through use, as 

appropriate, of automated, electronic, 

mechanical, and other collection 

technologies; e.g., permitting electronic 

submission of responses. 

Estimate of burden: The public 

reporting burden for this collection of 

information is estimated to average 82 

hours per response. 

Respondents: State Plant Health 

Regulatory Officials. 

Estimated annual number of 

respondents: 53. 

Estimated annual number of 

responses per respondent: 0.33. 

Estimated annual number of 

responses: 17. 

Estimated total annual burden on 

respondents: 1,399 hours. (Due to 

averaging, the total annual burden hours 

may not equal the product of the annual 

number of responses multiplied by the 

reporting burden per response.) 

All responses to this notice will be 

summarized and included in the request 

for OMB approval. All comments will 

also become a matter of public record. 

Done in Washington, DC, this 22nd day of 

May 2013. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2013–12697 Filed 5–28–13; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

[Docket No. APHIS–2012–0031] 

Pioneer Hi-Bred International, Inc.; 

Availability of Plant Pest Risk 

Assessment, Environmental 

Assessment, Preliminary Finding of No 

Significant Impact, and Preliminary 

Determination of Nonregulated Status 

of Canola Genetically Engineered for 

Herbicide 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 prepared a 

preliminary determination regarding a 

request from Pioneer Hi-Bred 

International, Inc., seeking a 

determination of nonregulated status of 

canola designated as DP–073496–4, 

which has been genetically engineered 

for resistance to the herbicide 

glyphosate. We are also making 

available for public review our plant 

pest risk assessment, environmental 

assessment, and preliminary finding of 

no significant impact for the 

preliminary determination of 

nonregulated status. 

DATES: We will consider any 

information that we receive on or before 

June 28, 2013. 

ADDRESSES: You may submit any 

information by either of the following 

methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov/#!document

Detail;D=APHIS-2012-0031. 

• Postal Mail/Commercial Delivery: 

Send any information to Docket No. 

APHIS–2012–0031, Regulatory Analysis 

and Development, PPD, APHIS, Station 

3A–03.8, 4700 River Road, Unit 118, 

Riverdale, MD 20737–1238. 

Supporting documents for this 

petition and any other information we 

receive on this docket may be viewed at 

http://www.regulations.gov/ 

#!docketDetail;D=APHIS-2012-0031 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) 799–7039 

before coming. 

Supporting documents for this 

petition are also available on the APHIS 

Web site at http://www.aphis.usda.gov/ 

biotechnology/ 

petitions_table_pending.shtml under 

APHIS Petition Number 11–063–01p. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Rebecca Stankiewicz Gabel, Chief, 

Biotechnology Environmental Analysis 

Branch, Environmental Risk Analysis 

Programs, Biotechnology Regulatory 

Services, APHIS, 4700 River Road, Unit 

147, Riverdale, MD 20737–1236; (301) 

851–3927, email: rebecca.l.stankiewiczgabel@aphis.usda.gov. To obtain copies 

of the petition, contact Ms. Cindy Eck at 

(301) 851–3892, email: 

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

SUPPLEMENTARY INFORMATION: 

Background 

Under the authority of the plant pest 

provisions of the Plant Protection Act (7 

U.S.C. 7701 et seq.), 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 (GE) 


tkelley on DSK3SPTVN1PROD with NOTICES
32232 Federal Register / Vol. 78, No. 103 / Wednesday, May 29, 2013 / Notices 

1On March 6, 2012, APHIS published in the 

Federal Register (77 FR 13258–13260, Docket No. 

APHIS–2011–0129) a notice describing our public 

review process for soliciting public comments and 

information when considering petitions for 

determinations of nonregulated status for GE 

organisms. To view the notice, go to http:// 

www.regulations.gov/#!docketDetail;D=APHIS– 

2011–0129. 

2To view the notice, the petition, and the 

comments we received, go to http:// 

www.regulations.gov/#!docketDetail;D=APHIS2012-0031. 

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. 

APHIS received a petition (APHIS 

Petition Number 11–063–01p) from 

Pioneer Hi-Bred International, Inc., of 

Johnston, IA, seeking a determination of 

nonregulated status of canola (Brassica 

napus) designated as event DP–073496– 

4, which has been genetically 

engineered for tolerance to the herbicide 

glyphosate. The petition stated that this 

canola is unlikely to pose a plant pest 

risk and, therefore, should not be a 

regulated article under APHIS’ 

regulations in 7 CFR part 340. 

According to our process 1 for 

soliciting public comment when 

considering petitions for determinations 

of nonregulated status of GE organisms, 

APHIS accepts written comments 

regarding a petition once APHIS deems 

it complete. In a notice 2 published in 

the Federal Register on July 13, 2012, 

(77 FR 41364–41366, Docket No. 

APHIS–2012–0031), APHIS announced 

the availability of the Pioneer petition 

for public comment. APHIS solicited 

comments on the petition for 60 days 

ending on September 11, 2012, in order 

to help identify potential environmental 

and interrelated economic issues and 

impacts that APHIS may determine 

should be considered in our evaluation 

of the petition. 

APHIS received 4,686 comments on 

the petition. Issues raised during the 

comment period include outcrossing 

and cross-pollination concerns and 

effects of herbicide use, such as the 

development of herbicide-resistant 

weeds and effects on non-target 

organisms. APHIS has evaluated the 

issues raised during the comment 

period and, where appropriate, has 

provided a discussion of these issues in 

our environmental assessment (EA). 

After public comments are received 

on a completed petition, APHIS 

evaluates those comments and then 

provides a second opportunity for 

public involvement in our 

decisionmaking process. According to 

our public review process (see footnote 

1), the second opportunity for public 

involvement follows one of two 

approaches, as described below. 

If APHIS decides, based on its review 

of the petition and its evaluation and 

analysis of comments received during 

the 60-day public comment period on 

the petition, that the petition involves a 

GE organism that raises no substantive 

new issues, APHIS will follow 

Approach 1 for public involvement. 

Under Approach 1, APHIS announces in 

the Federal Register the availability of 

APHIS’ preliminary regulatory 

determination along with its EA, 

preliminary finding of no significant 

impact (FONSI), and its plant pest risk 

assessment (PPRA) for a 30-day public 

review period. APHIS will evaluate any 

information received related to the 

petition and its supporting documents 

during the 30-day public review period. 

For this petition, we are using Approach 

1. 

If APHIS decides, based on its review 

of the petition and its evaluation and 

analysis of comments received during 

the 60-day public comment period on 

the petition, that the petition involves a 

GE organism that raises substantive new 

issues, APHIS will follow Approach 2. 

Under Approach 2, APHIS first solicits 

written comments from the public on a 

draft EA and PPRA for a 30-day 

comment period through the 

publication of a Federal Register notice. 

Then, after reviewing and evaluating the 

comments on the draft EA and PPRA 

and other information, APHIS will 

revise the PPRA as necessary and 

prepare a final EA and, based on the 

final EA, a National Environmental 

Policy Act (NEPA) decision document 

(either a FONSI or a notice of intent to 

prepare an environmental impact 

statement). 

As part of our decisionmaking process 

regarding a GE organism’s regulatory 

status, APHIS prepares a PPRA to assess 

the plant pest risk of the article. APHIS 

also prepares the appropriate 

environmental documentation—either 

an EA or an environmental impact 

statement—in accordance with NEPA, 

to provide the Agency and the public 

with a review and analysis of any 

potential environmental impacts that 

may result if the petition request is 

approved. 

APHIS has prepared a PPRA and has 

concluded that canola event DP– 

073496–4 is unlikely to pose a plant 

pest risk. In section 403 of the Plant 

Protection Act, ‘‘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 an EA in which 

we present two alternatives based on 

our analysis of data submitted by 

Pioneer, a review of other scientific 

data, field tests conducted under APHIS 

oversight, and comments received on 

the petition. APHIS is considering the 

following alternatives: (1) Take no 

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

regulatory status of canola event DP– 

073496–4 and it would continue to be 

a regulated article, or (2) make a 

determination of nonregulated status of 

canola event DP–073496–4. 

The EA was prepared in accordance 

with (1) 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). Based on our EA and other 

pertinent scientific data, APHIS has 

reached a preliminary FONSI with 

regard to the preferred alternative 

identified in the EA. 

Based on APHIS’ analysis of field and 

laboratory data submitted by Pioneer, 

references provided in the petition, 

peer-reviewed publications, information 

analyzed in the EA, the PPRA, 

comments provided by the public on the 

petition, and discussion of issues in the 

EA, APHIS has determined that canola 

event DP–073496–4 is unlikely to pose 

a plant pest risk. We have therefore 

reached a preliminary decision to make 

a determination of nonregulated status 

of canola event DP–073496–4, whereby 

canola event DP–073496–4 would no 

longer be subject to our regulations 

governing the introduction of certain GE 

organisms. 

We are making available for a 30-day 

review period APHIS’ preliminary 

regulatory determination of canola event 

DP–073496–4, along with our PPRA, 

EA, and preliminary FONSI for the 

preliminary determination of 

nonregulated status. The EA, 

preliminary FONSI, PPRA, and our 

preliminary determination for canola 

event DP–073496–4, as well as the 

Pioneer petition and the comments 

received on the petition, are available as 

indicated under ADDRESSES and FOR

FURTHER INFORMATION CONTACT above. 

Copies of these documents may also be 

obtained from the person listed under 

FOR FURTHER INFORMATION CONTACT. 


tkelley on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 78, No. 103 / Wednesday, May 29, 2013 / Notices 32233 

After the 30-day review period closes, 

APHIS will review and evaluate any 

information received during the 30-day 

review period. If, after evaluating the 

information received, APHIS determines 

that we have not received substantive 

new information that would warrant 

APHIS altering our preliminary 

regulatory determination or FONSI, 

substantially changing the proposed 

action identified in the EA, or 

substantially changing the analysis of 

impacts in the EA, APHIS will notify 

the public through an announcement on 

our Web site of our final regulatory 

determination. If, however, APHIS 

determines that we have received 

substantive new information that would 

warrant APHIS altering our preliminary 

regulatory determination or FONSI, 

substantially changing the proposed 

action identified in the EA, or 

substantially changing the analysis of 

impacts in the EA, then APHIS will 

notify the public of our intent to 

conduct additional analysis and to 

prepare an amended EA, a new FONSI, 

and/or a revised PPRA, which would be 

made available for public review 

through the publication of a notice of 

availability in the Federal Register. 

APHIS will also notify the petitioner. 

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 22nd day of 

May 2013. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2013–12687 Filed 5–28–13; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

[Docket No. APHIS–2013–0036] 

Notice of Request for Extension of 

Approval of an Information Collection; 

Importation of Artificially Dwarfed 

Plants 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Extension of approval of an 

information collection; comment 

request. 

SUMMARY: In accordance with the 

Paperwork Reduction Act of 1995, this 

notice announces the Animal and Plant 

Health Inspection Service’s intention to 

request an extension of approval of an 

information collection associated with 

the regulations for the importation of 

artificially dwarfed plants. 

DATES: We will consider all comments 

that we receive on or before July 29, 

2013. 

ADDRESSES: You may submit comments 

by either of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov/ 

#!documentDetail;D=APHIS-2013-0036- 

0001. 

• Postal Mail/Commercial Delivery: 

Send your comment to Docket No. 

APHIS–2013–0036, Regulatory Analysis 

and Development, PPD, APHIS, Station 

3A–03.8, 4700 River Road Unit 118, 

Riverdale, MD 20737–1238. 

Supporting documents and any 

comments we receive on this docket 

may be viewed at http:// 

www.regulations.gov/ 

#!docketDetail;D=APHIS-2013-0036 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) 799–7039 

before coming. 

FOR FURTHER INFORMATION CONTACT: For 

information on the regulations for the 

importation of artificially dwarfed 

plants, contact Mr. Dave Farmer, 

National Operations Manager, PEQ 

Coordinator, PPQ, APHIS, Venture IV, 

Suite 200, 920 Main Campus Drive, 

Raleigh, NC 27606; (919) 855–7366. For 

copies of more detailed information on 

the information collection, contact Mrs. 

Celeste Sickles, APHIS’ Information 

Collection Coordinator, at (301) 851– 

2908. 

SUPPLEMENTARY INFORMATION: Title: 

Importation of Artificially Dwarfed 

Plants. 

OMB Number: 0579–0176. 

Type of Request: Extension of 

approval of an information collection. 

Abstract: Under the Plant Protection 

Act (7 U.S.C. 7701 et seq.), the Secretary 

of Agriculture is authorized to prohibit 

or restrict the importation, entry, or 

interstate movement of plants, plant 

products, and other articles to prevent 

the introduction of plant pests into the 

United States or their dissemination 

within the United States. This authority 

has been delegated to the Animal and 

Plant Health Inspection Service. 

The regulations contained in 

‘‘Subpart–Plants for Planting’’ (7 CFR 

319.37 through 319.37–14) prohibit or 

restrict the importation of living plants, 

plant parts, and seeds for propagation. 

Among other things, § 319.37–5(q) 

requires artificially dwarfed plants that 

are imported into the United States, 

except for plants that are less than 2 

years old, to be accompanied by a 

phytosanitary certificate issued by the 

government of the country of origin. 

This phytosanitary certificate must 

contain declarations that the plants 

were: 

• Grown for at least 2 years in a 

greenhouse or screenhouse in a nursery 

registered with the government of the 

country where the plants were grown; 

• Grown in a greenhouse or 

screenhouse that has screening with 

openings of not more than 1.6 

millimeters on all vents and openings, 

and all entryways equipped with 

automatic closing doors; 

• Grown in pots containing only 

sterile growing media during the 2-year 

period when they were grown in a 

greenhouse or screenhouse in a 

registered nursery; 

• Grown on benches at least 50 

centimeters above the ground during the 

2-year period when they were grown in 

a greenhouse or screenhouse in a 

registered nursery; and 

• Inspected (along with the 

greenhouse or screenhouse and nursery) 

for any evidence of pests and found free 

of pests of quarantine significance to the 

United States at least once every 12 

months by the plant protection service 

of the country where the plants are 

grown. 

The phytosanitary certificate and 

declarations help APHIS verify that 

imported artificially dwarfed plants do 

not pose a risk for the introduction of 

longhorned beetles and other pests into 

the United States. 

We are asking the Office of 

Management and Budget (OMB) to 

approve our use of this information 

collection activity for an additional 3 

years. 

The purpose of this notice is to solicit 

comments from the public (as well as 

affected agencies) concerning our 

information collection. These comments 

will help us: 

(1) Evaluate whether the collection of 

information is necessary for the proper 

performance of the functions of the 

Agency, including whether the 

information will have practical utility; 

(2) Evaluate the accuracy of our 

estimate of the burden of the collection 

of information, including the validity of 

the methodology and assumptions used; 

(3) Enhance the quality, utility, and 

clarity of the information to be 

collected; and 

(4) Minimize the burden of the 

collection of information on those who 

are to respond, through use, as 

appropriate, of automated, electronic, 

mechanical, and other collection 

technologies; e.g., permitting electronic 

submission of responses. 


tkelley on DSK3SPTVN1PROD with NOTICES