39812 Federal Register / Vol. 76, No. 130 / Thursday, July 7, 2011 / Notices 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

[Docket No. APHIS–2011–0080] 

Scotts Miracle-Gro Co.; Regulatory 

Status of Kentucky Bluegrass 

Genetically Engineered for Herbicide 

Tolerance 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Notice. 

SUMMARY: We are advising the public 

that the Animal and Plant Health 

Inspection Service (APHIS) has received 

a letter from the Scotts Miracle-Gro 

Company seeking confirmation that 

their Kentucky bluegrass, which has 

been genetically engineered for 

herbicide tolerance without the use of 

plant pest components, does not meet 

the definition of a regulated article 

under APHIS regulations for genetically 

engineered organisms. Based on the 

information provided in the letter, we 

agree that the Kentucky bluegrass does 

not meet the definition of a regulated 

article under APHIS regulations for 

genetically engineered organisms. 

ADDRESSES: You may view the letter 

from Scotts and APHIS’ response letter 

on the Internet at http:// 

www.aphis.usda.gov/biotechnology/ 

news.shtml. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Andrea Huberty, Branch Chief, 

Regulatory and Environmental Analysis 

Branch, Biotechnology Regulatory 

Services, APHIS, 4700 River Road, Unit 

147, Riverdale, MD 20737–1236; (301) 

734–0485, e-mail: 

andrea.f.huberty@aphis.usda.gov. To 

obtain copies of the letters, contact Ms. 

Cindy Eck at (301) 734–0667, e-mail: 

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

SUPPLEMENTARY INFORMATION: 

Background 

The Plant Protection Act (PPA, 7 

U.S.C. 7701 et seq.), authorizes the 

Secretary of Agriculture to prohibit or 

restrict the importation, entry, 

exportation, or movement in interstate 

commerce of any plant, plant product, 

biological control organism, noxious 

weed, article, or means of conveyance if 

the Secretary determines that the 

prohibition or restriction is necessary to 

prevent the introduction of a plant pest 

or noxious weed into the United States 

or dissemination of a plant pest or 

noxious weed within the United States. 

In section 403 of the PPA, ‘‘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. 

Under the plant pest authority of the 

PPA, the Animal and Plant Health 

Inspection Service (APHIS) administers 

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,’’ which 

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) 

organisms and products are considered 

‘‘regulated articles.’’ 

In the past, APHIS has received letters 

from developers seeking clarification on 

the regulatory status of GE organisms 

that the developers believed did not 

meet the definition of a regulated 

article. These developers sought 

confirmation from APHIS that APHIS 

did not consider the organisms to be 

regulated under 7 CFR part 340. When 

APHIS receives such a request, we 

review the information provided. If 

APHIS agrees with the developer that 

the GE organism does not meet the 

definition of a regulated article, then the 

organism is not subject to regulation 

under 7 CFR part 340. If APHIS 

disagrees, the organism is subject to all 

of the requirements of 7 CFR part 340. 

On September 13, 2010, APHIS 

received a letter from the Scotts MiracleGro Company (Scotts) of Marysville, 

OH, seeking confirmation that their 

Kentucky bluegrass (Poa pratensis L.), 

which has been genetically engineered 

for herbicide tolerance, does not meet 

the definition of a regulated article 

under APHIS regulations. Scotts stated 

that the Kentucky bluegrass was 

genetically engineered without plant 

pest components and, therefore, should 

not be subject to APHIS’ regulations in 

7 CFR part 340, as it does not meet the 

definition of a regulated article in those 

regulations. No permits have been 

issued or notifications acknowledged by 

APHIS for the interstate movement or 

for field releases of Scotts’ GE Kentucky 

bluegrass. 

As described in the letter, Scotts’ GE 

Kentucky bluegrass has been genetically 

engineered to express an enzyme, 5- 

enolpyruvylshikimate-3-phosphate 

synthase, from thale cress (Arabidopsis 

thaliana), which imparts tolerance to 

the herbicide glyphosate. Scotts’ GE 

Kentucky bluegrass was also genetically 

engineered using genetic material from 

rice (Oryza sativa) and corn (Zea mays). 

We agree that, according to the 

description provided by Scotts, their GE 

Kentucky bluegrass does not meet the 

definition of a ‘‘regulated article’’ and is 

not subject to the regulations in 7 CFR 

part 340. Kentucky bluegrass itself is not 

a plant pest, no organisms used as 

sources of the genetic material used to 

create Scotts’ GE Kentucky bluegrass are 

plant pests, and the method used to 

genetically engineer Scotts’ GE 

Kentucky bluegrass did not involve 

plant pests. Because no plant pests, 

unclassified organisms, or organisms 

whose classification is unknown were 

used to genetically engineer Scotts’ GE 

Kentucky bluegrass, APHIS has no 

reason to believe it is a plant pest and 

therefore does not consider the 

Kentucky bluegrass described in the 

Scotts letter to be regulated under 7 CFR 

part 340. 

In addition to plant pests, APHIS 

regulates noxious weeds under the 

authority of the PPA. In a separate 

notice published in today’s Federal 

Register, we are advising the public of 

our decision that Kentucky bluegrass 

that has been genetically engineered for 

tolerance to the herbicide glyphosate 

will not be regulated under APHIS 

regulations governing noxious weeds in 

7 CFR part 360. 

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 1st day of 

July 2011. 

Gregory L. Parham, 

Administrator, Animal and Plant Health 

Inspection Service. 

[FR Doc. 2011–17117 Filed 7–6–11; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Forest Service 

Modoc County Resource Advisory 

Committee 

AGENCY: Forest Service, USDA. 

ACTION: Notice of meeting. 

SUMMARY: The Modoc County Resource 

Advisory Committee will meet in 

Alturas, CA. The committee is meeting 

as authorized under the Secure Rural 

Schools and Community SelfDetermination Act (Pub. L. 110–343) 

and in compliance with the Federal 

Advisory Committee Act. The purpose 


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