5780 Federal Register / Vol. 76, No. 22 / Wednesday, February 2, 2011 / Notices 

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: Mr. 

Marc Phillips, Import Specialist, 

Regulatory Coordination and 

Compliance, PPQ, APHIS, 4700 River 

Road Unit 133, Riverdale, MD 20737; 

(301) 734–4394. 

SUPPLEMENTARY INFORMATION: 

Background 

Under the regulations in ‘‘Subpart— 

Fruits and Vegetables’’ (7 CFR 319.56–1 

through 319.56–50, referred to below as 

the regulations), the Animal and Plant 

Health Inspection Service (APHIS) of 

the U.S. Department of Agriculture 

prohibits or restricts the importation of 

fruits and vegetables into the United 

States from certain parts of the world to 

prevent plant pests from being 

introduced into and spread within the 

United States. 

Section 319.56–4 contains a 

performance-based process for 

approving the importation of 

commodities that, based on the findings 

of a pest risk analysis, can be safely 

imported subject to one or more of the 

designated phytosanitary measures 

listed in paragraph (b) of that section. 

These measures are: 

• The fruits or vegetables are subject 

to inspection upon arrival in the United 

States and comply with all applicable 

provisions of § 319.56–3; 

• The fruits or vegetables are 

imported from a pest-free area in the 

country of origin that meets the 

requirements of § 319.56–5 for freedom 

from that pest and are accompanied by 

a phytosanitary certificate stating that 

the fruits or vegetables originated in a 

pest-free area in the country of origin; 

• The fruits or vegetables are treated 

in accordance with 7 CFR part 305; 

• The fruits or vegetables are 

inspected in the country of origin by an 

inspector or an official of the national 

plant protection organization of the 

exporting country, and have been found 

free of one or more specific quarantine 

pests identified by the risk analysis as 

likely to follow the import pathway; 

and/or 

• The fruits or vegetables are 

imported as a commercial consignment. 

APHIS received a request from the 

Government of the Republic of South 

Africa to allow the importation of fresh 

litchi fruits, Litchi chinensis, into the 

continental United States. Currently, 

fresh litchi fruits are not authorized for 

entry from the Republic of South Africa. 

We completed a pest risk assessment to 

identify pests of quarantine significance 

that could follow the pathway of 

importation if such imports were to be 

allowed and, based on the pest risk 

assessment, have prepared a risk 

management document to identify 

phytosanitary measures that could be 

applied to the commodity to mitigate 

the pest risks. We have concluded that 

fresh litchi fruits can safely be imported 

into the continental United States from 

the Republic of South Africa using one 

or more of the five designated 

phytosanitary measures listed in 

§ 319.56–4(b). Therefore, in accordance 

with § 319.56–4(c)(2), we are 

announcing the availability of our pest 

risk analysis for public review and 

comment. The analysis may be viewed 

on the Regulations.gov Web site or in 

our reading room (see ADDRESSES above 

for instructions for accessing 

Regulations.gov and information on the 

location and hours of the reading room). 

You may request paper copies of the 

analysis by calling or writing to the 

person listed under FOR FURTHER

INFORMATION CONTACT. Please refer to the 

subject of the analysis that you wish to 

review when requesting copies. 

After reviewing any comments we 

receive, we will announce our decision 

regarding the import status of fresh 

litchi fruits from the Republic of South 

Africa in a subsequent notice. If the 

overall conclusions of the analysis and 

the Administrator’s determination of 

risk remain unchanged following our 

consideration of the comments, then we 

will begin issuing permits for the 

importation of fresh litchi fruits from 

the Republic of South Africa into the 

continental United States subject to the 

requirements specified in the risk 

management document. 

Authority: 7 U.S.C. 450, 7701–7772, and 

7781–7786; 21 U.S.C. 136 and 136a; 7 CFR 

2.22, 2.80, and 371.3. 

Done in Washington, DC, this 27th day of 

January 2011. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2011–2235 Filed 2–1–11; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

[Docket No. APHIS–2007–0044] 

Determination of Regulated Status of 

Alfalfa Genetically Engineered for 

Tolerance to the Herbicide Glyphosate; 

Record of Decision 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Notice. 

SUMMARY: This notice advises the public 

of the Animal and Plant Health 

Inspection Service’s (APHIS) record of 

decision and determination on the 

petition regarding the regulated status of 

alfalfa genetically engineered for 

tolerance to the herbicide glyphosate 

based on APHIS’ final environmental 

impact statement. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Rebecca L. Stankiewicz Gabel, Senior 

Environmental Protection Specialist, 

Environmental Risk Analysis Programs, 

BRS, APHIS, 4700 River Road Unit 147, 

Riverdale, MD 20737–1238; (301) 734– 

5603. To obtain copies of the record of 

decision or the final environmental 

impact statement on which the record of 

decision is based, contact Ms. Cindy Eck 

at (301) 734–0667, e-mail: 

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

SUPPLEMENTARY INFORMATION: This 

notice advises the public that the 

Animal and Plant Health Inspection 

Service (APHIS) has prepared a record 

of decision and determination on the 

petition regarding the regulated status of 

alfalfa genetically engineered for 

tolerance to the herbicide glyphosate 

based on an environmental impact 

statement (EIS) prepared in connection 

with its determination. 

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) organisms 

and products are considered ‘‘regulated 

articles.’’ 

The regulations in § 340.6(a) provide 

that any person may submit a petition 

to APHIS seeking a determination that 

an article should not be regulated under 

7 CFR part 340. Paragraphs (b) and (c) 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 76, No. 22 / Wednesday, February 2, 2011 / Notices 5781 

1This and the subsequent notices mentioned in 

this notice, as well as comments received, 

supporting and related materials, and other 

documents can be viewed at http:// 

www.regulations.gov/fdmspublic/component/ 

main?main=DocketDetail&d=APHIS–2007–0044. 

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. 

In a notice published in the Federal 

Register on June 27, 2005 (70 FR 36917– 

36919, Docket No. 04–085–3), APHIS 

advised the public of its determination, 

effective June 14, 2005, that the 

Monsanto and Forage Genetics 

International GE glyphosate-tolerant 

alfalfa lines designated as events J101 

and J163 were no longer considered 

regulated articles under the regulations 

governing the introduction of certain GE 

organisms. That determination was 

subsequently challenged in the United 

States District Court for the Northern 

District of California by the Center for 

Food Safety, other associations, and 

several organic alfalfa growers. The 

lawsuit alleged that APHIS’ decision to 

deregulate the GE alfalfa events J101 

and J163 violated the National 

Environmental Policy Act (NEPA), the 

Endangered Species Act, and the Plant 

Protection Act. 

On February 13, 2007, the court in 

that case issued its memorandum and 

order in which it determined that 

APHIS had violated NEPA by not 

preparing an EIS in connection with its 

deregulation determination. The court 

ruled that the environmental assessment 

prepared by APHIS for its deregulation 

determination failed to adequately 

consider certain environmental impacts 

in violation of NEPA. The deregulation 

determination was vacated and APHIS 

was directed by the court to prepare an 

EIS in connection with making a new 

determination on the regulated status of 

the GE alfalfa. 

On December 18, 2009, the 

Environmental Protection Agency 

published a notice in the Federal 

Register (74 FR 67206–67207, Docket 

No. ER–FRL–8986–6) announcing the 

availability of a draft EIS in connection 

with making a determination on the 

regulated status of the GE alfalfa. 

Comments on the draft EIS were to have 

been received on or before February 16, 

2010. APHIS subsequently published a 

notice 1 in the Federal Register on 

February 24, 2010 (75 FR 8299–8300, 

Docket No. APHIS–2007–0044), 

extending the comment period through 

March 3, 2010. 

In December 2010, APHIS published 

and distributed the final EIS, which 

included discussion of the public 

comments received on the draft EIS. On 

December 23, 2010, the Environmental 

Protection Agency published a notice in 

the Federal Register (75 FR 80807– 

80808, Docket No. ER–FRL–8994–3) 

announcing the availability of the final 

EIS. The NEPA implementing 

regulations in 40 CFR 1506.10 require a 

30-day review period between the time 

a final EIS is published and the time an 

agency makes a decision on an action 

covered by the EIS. APHIS received 

more than 16,000 comments on the final 

EIS by the time this review period 

ended on January 24, 2011. 

APHIS has reviewed the final EIS and 

has concluded that it has fully analyzed 

the issues covered by the draft EIS and 

those comments and suggestions 

submitted by commenters. APHIS has 

now prepared a record of decision based 

on the final EIS and is making that 

record available to the public. The 

record of decision and the final EIS on 

which the record of decision is based 

may be viewed on the Internet at http:// 

www.regulations.gov/fdmspublic/ 

component/ 

main?main=DocketDetail&d=APHIS2007-0044. Copies of those documents 

may also be obtained from the person 

listed under FOR FURTHER INFORMATION

CONTACT. 

The record of decision has been 

prepared in accordance with: (1) NEPA, 

(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). 

Done in Washington, DC, this January 27, 

2011. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2011–2268 Filed 2–1–11; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Forest Service 

Uinta-Wasatch-Cache National Forest 

Resource Advisory Committee 

AGENCY: Forest Service, USDA. 

ACTION: Notice of meeting. 

SUMMARY: The Uinta-Wasatch-Cache 

National Forest Resource Advisory 

Committee will conduct a meeting in 

Salt Lake City, Utah. 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 

is to continue the review of project 

submittals. 

DATES: The meeting will be held on 

February 17, 2011, from 3 p.m. to 5:30 

p.m. 

ADDRESSES: The meeting will be held at 

the Salt Lake County Government 

Center, Room S1002, 2001 South State 

Street, Salt Lake City, Utah. Written 

comments should be sent to Loyal Clark, 

Uinta-Wasatch-Cache National Forest, 

88 West 100 North, Provo, Utah 84601. 

Comments may also be sent via e-mail 

to lfclark@fs.fed.us, via facsimile to 

801–342–5144. 

All comments, including names and 

addresses when provided, are placed in 

the record and are available for 

inspection and copying. The public may 

inspect comments received at the UintaWasatch-Cache National Forest, 88 West 

100 North, Provo, Utah 84601. 

FOR FURTHER INFORMATION CONTACT: 

Loyal Clark, RAC Coordinator, USDA, 

Uinta-Wasatch-Cache National Forest, 

88 West 100 North, Provo, Utah 84601; 

801–342–5117; lfclark@fs.fed.us. 

SUPPLEMENTARY INFORMATION: The 

meeting is open to the public. The 

following business will be conducted: 

(1) review Forest Service project 

approval letter, and (2) review new 

proposals. Persons who wish to bring 

related matters to the attention of the 

Committee may file written statements 

with the Committee staff before or after 

the meeting. 

Dated: January 21, 2011. 

Cheryl Probert, 

Deputy Forest Supervisor. 

[FR Doc. 2011–2163 Filed 2–1–11; 8:45 am] 

BILLING CODE P 

COMMISSION ON CIVIL RIGHTS 

Agenda and Notice of Public Meeting 

of the Texas Advisory Committee 

Notice is hereby given, pursuant to 

the provisions of the rules and 

regulations of the U.S. Commission on 

Civil Rights (Commission), and the 

Federal Advisory Committee Act 

(FACA), that a planning meeting of the 

Texas Advisory Committee to the 

Commission will convene by conference 

call at 10 a.m. and adjourn at 

approximately 12 noon on Wednesday, 

February 23, 2011 at 2300 E. University 

Drive, Denton, TX, 76206. The purpose 

of this meeting is to discuss the 

Committee’s civil rights project on 

human trafficking. 

Members of the public are entitled to 

submit written comments; the 


srobinson on DSKHWCL6B1PROD with NOTICES