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

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 concernand 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: r ebecca.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)


### 32232 Federal Register / Vol. 78, No. 103 / Wednesday, May 29, 2013 / Notices

1 On 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

.

2 To 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**

.


### 32233 Federal Register / Vol. 78, No. 103 / Wednesday, May 29, 2013 / Notices

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.