Federal Register / Vol. 76, No. 124 / Tuesday, June 28, 2011 / Notices 37767 

Order Administration Branch, Fruit and 

Vegetable Programs, AMS, USDA, 1400 

Independence Avenue, SW., STOP 

0237, Washington, DC 20250–0237; 

Telephone: (202) 720–2491, Fax: (202) 

720–8938, or E-mail: 

Laurel.May@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: Title: 

Specified Commodities Imported Into 

the United States Exempt from Import 

Requirements. 

OMB Number: 0581–0167. 

Expiration Date of Approval: 

December 31, 2011. 

Type of Request: Extension of a 

currently-approved information 

collection. 

Abstract: Section 8e of the 

Agricultural Marketing Agreement Act 

of 1937 as amended (7 U.S.C. 601–674; 

Act) requires that whenever the 

Secretary of Agriculture issues grade, 

size, quality, or maturity regulations 

under domestic marketing orders, the 

same or comparable regulations must be 

issued for imported commodities. 

Import regulations apply only during 

those periods when domestic marketing 

order regulations are in effect. 

Currently, the following commodities 

are subject to section 8e import 

regulations: Avocados; grapefruit; 

kiwifruit; olives; oranges; fresh prunes; 

table grapes; potatoes; onions; tomatoes; 

dates (other than dates for processing); 

walnuts; dried prunes (suspended); 

raisins; and hazelnuts. Imports of these 

commodities are exempt from section 8e 

requirements if they are imported for 

such outlets as processing, charity, 

animal feed, seed, and distribution to 

relief agencies when those outlets are 

exempt under the applicable marketing 

orders. 

Safeguard procedures in the form of 

importer and receiver reporting 

requirements are used to ensure that the 

imported commodities are, in fact, 

shipped to authorized, exempt outlets. 

Reports required under the safeguard 

procedure are similar to the reports 

currently required by most domestic 

marketing orders, and are required of 

importers and receivers under the 

following import regulations: (1) Fruits; 

import regulations (7 CFR 944.350); (2) 

vegetables; import regulations (7 CFR 

980.501); and (3) specialty crops; import 

regulations (7 CFR 999.500). 

Under these regulations, importers 

wishing to import commodities for 

exempt purposes must complete form 

FV–6, the ‘‘Importer’s Exempt 

Commodity Form,’’ prior to importation, 

through the Marketing Order Online 

System (MOLS). Launched in August 

2008, MOLS is an Internet-based 

application, managed by the USDA, 

which allows importers and receivers of 

fruit, vegetable, and specialty crops to 

review and search for FV–6 certificates 

online. If an importer correctly inputs 

his shipment data into MOLS, he will 

receive and be able to print a certificate 

that accompanies the shipment. Data are 

simultaneously transmitted to the 

receiver and to AMS, where it is 

reviewed for compliance purposes by 

Marketing Order Administration Branch 

(MOAB) staff, in the USDA’s Fruit and 

Vegetable Programs. 

In rare instances a paper form FV–6 

may be used. The hardcopy form has 

four parts, which are distributed as 

follows: Copy one is presented to the 

U.S. Customs and Border Protection, 

Department of Homeland Security; copy 

two is filed with MOAB within two 

days of the commodity entering the 

United States; copy three accompanies 

the exempt shipment to its intended 

destination, where the receiver certifies 

its receipt and that it will be used for 

exempt purposes, and files that copy 

with MOAB within two days of receipt; 

and copy four is retained by the 

importer. 

USDA utilizes this information to 

ensure that imported goods destined for 

exempt outlets are given no less 

favorable treatment that that afforded to 

domestic goods destined for the same 

exempt outlets. These exemptions are 

consistent with section 8e import 

regulations under the Act. 

In addition to renewing the FV–6 

form, this information collection 

package does the same for the FV–7 

form, ‘‘Civil Penalty Stipulation 

Agreement.’’ Produce importers sign the 

FV–7 form, for which there is no burden 

associated because only a signature is 

required, to admit that they violated 

section 8e import requirements and are 

seeking a reduced fine or penalty. 

The information collected through 

this package is used primarily by 

authorized representatives of the USDA, 

including AMS Fruit and Vegetable 

Programs regional and headquarters 

staff. 

Estimate of Burden: The public 

reporting burden for this collection of 

information is estimated to average 5 

minutes per response. 

Respondents: Importers and receivers 

of exempt commodities. 

Estimated Number of Respondents: 

250. 

Estimated Number of Total Annual 

Responses: 8,454.70. 

Estimated Number of Responses per 

Respondent: 33.82 

Estimated Total Annual Burden on 

Respondents: 697.59 hours. 

Comments are invited on: (1) Whether 

the proposed collection of information 

is necessary for the proper performance 

of the functions of the Agency, 

including whether the information will 

have practical utility; (2) the accuracy of 

the Agency’s estimate of the burden of 

the proposed collection of information, 

including the validity of the 

methodology and assumptions used; (3) 

ways to enhance the quality, utility and 

clarity of the information to be 

collected; and (4) ways to minimize the 

burden of the collection of information 

on those who are to respond, including 

through the use of appropriate 

automated, electronic, mechanical, or 

other technological collection 

techniques or other forms of information 

technology. 

All comments to this document will 

be summarized and included in the 

request for OMB approval, and will 

become a matter of public record. 

Dated: June 22, 2011. 

Rayne Pegg, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2011–16129 Filed 6–27–11; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

[Docket No. APHIS–2010–0041] 

Pioneer Hi-Bred International, Inc.; 

Determination of Nonregulated Status 

for Corn Genetically Engineered To 

Produce Male Sterile/Female Inbred 

Plants 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Notice. 

SUMMARY: We are advising the public of 

our determination that a corn line 

developed by Pioneer Hi-Bred 

International, Inc., designated as event 

DP–32138–1, which has been 

genetically engineered to produce male 

sterile/female inbred plants for the 

generation of hybrid corn seed that is 

non-transgenic, is no longer considered 

a regulated article under our regulations 

governing the introduction of certain 

genetically engineered organisms. Our 

determination is based on our 

evaluation of data submitted by Pioneer 

Hi-Bred International, Inc., in its 

petition for a determination of 

nonregulated status, our analysis of 

available scientific data, and comments 

received from the public in response to 

our previous notice announcing the 

availability of the petition for 

nonregulated status and its associated 

environmental assessment and plant 

mstockstill on DSK4VPTVN1PROD with NOTICES

37768 Federal Register / Vol. 76, No. 124 / Tuesday, June 28, 2011 / Notices 

1To view the notice, petition, draft EA, the plant 

pest risk assessment and the comments we 

received, go to http://www.regulations.gov/ 

#!docketDetail;D=APHIS-2010-0041. 

pest risk assessment. This notice also 

announces the availability of our 

written determination and finding of no 

significant impact. 

DATES: Effective Date: June 28, 2011. 

ADDRESSES: You may read the 

documents referenced in this notice and 

the comments we received 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. Those documents are also 

available on the Internet at http:// 

www.aphis.usda.gov/biotechnology/ 

not_reg.html and are posted with the 

previous notice and the comments we 

received on the Regulations.gov Web 

site at http://www.regulations.gov/ 

#!docketDetail;D=APHIS-2010-0041. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Evan Chestnut, Policy Analyst, 

Biotechnology Regulatory Services, 

APHIS, 4700 River Road, Unit 147, 

Riverdale, MD 20737–1236; (301) 734– 

0942, e-mail: 

evan.a.chestnut@aphis.usda.gov. To 

obtain copies of the documents 

referenced in this notice, contact Ms. 

Cindy Eck at (301) 734–0667, e-mail: 

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

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. 

APHIS received a petition (APHIS 

Petition Number 08–338–01p) from 

Pioneer Hi-Bred International, Inc. 

(Pioneer) of Johnston, IA, seeking a 

determination of nonregulated status for 

corn (Zea mays L.) designated as event 

DP–32138–1, which has been 

genetically engineered to produce male 

sterile/female inbred plants for the 

generation of hybrid corn seed that is 

non-transgenic. The petition stated that 

corn event DP–32138–1 is unlikely to 

pose a plant pest risk and, therefore, 

should not be a regulated article under 

APHIS’ regulations in 7 CFR part 340. 

In a notice 1 published in the Federal 

Register on January 3, 2011 (76 FR 83– 

84, Docket No. APHIS–2010–0041), 

APHIS announced the availability of the 

Pioneer petition and a draft 

environmental assessment (EA) for 

public comment. APHIS solicited 

comments on the petition, whether the 

subject corn is likely to pose a plant pest 

risk, and on the draft EA for 60 days 

ending on March 4, 2011. 

APHIS received 52 comments during 

the comment period, with 8 comments 

providing support of the EA’s preferred 

alternative and 43 comments expressing 

general opposition. Those providing 

support cited several points regarding 

Pioneer’s Seed Production Technology 

(SPT) process and its benefits including: 

(1) The SPT process does not introduce 

a new transgenic gene or trait through 

commercial hybrid seed or grain 

production; (2) the SPT process is used 

to increase productivity and efficiency 

in seed corn production; and (3) the 

transgenic material is used two 

generations before hybrid seed 

production occurs or three times before 

commercial grain production. The 

majority of those opposing expressed 

general opposition to GE crops and 

genetically modified organisms but did 

not provide any specific disagreement 

with APHIS’ analysis. Commenters also 

expressed concern with genetic 

contamination; with the effects of GE 

corn pollen on honeybees, other insects, 

and/or the whole ecosystem; food and 

feed safety; and health effects. APHIS 

has addressed the issues raised during 

the comment period and has provided 

responses to these comments as an 

attachment to the finding of no 

significant impact. 

National Environmental Policy Act 

To provide the public with 

documentation of APHIS’ review and 

analysis of any potential environmental 

impacts associated with the 

determination of nonregulated status for 

Pioneer’s corn event DP–32138–1, an 

EA has been prepared. The 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). Based on our EA, the response to 

public comments, and other pertinent 

scientific data, APHIS has reached a 

finding of no significant impact with 

regard to the preferred alternative 

identified in the EA. 

Determination 

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 plant pest risk 

assessment, comments provided by the 

public, and information provided in 

APHIS’ response to those public 

comments, APHIS has determined that 

Pioneer’s corn event DP–32138–1 is 

unlikely to pose a plant pest risk and 

therefore is no longer subject to our 

regulations governing the introduction 

of certain genetically engineered 

organisms. 

Copies of the signed determination 

document, as well as copies of the 

petition, plant pest risk assessment, EA, 

finding of no significant impact, and 

response to comments are available as 

indicated in the ADDRESSES and FOR

FURTHER INFORMATION CONTACT sections 

of this notice. 

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 

June 2011. 

John R. Clifford, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2011–16128 Filed 6–27–11; 8:45 am] 

BILLING CODE 3410–34–P 

mstockstill on DSK4VPTVN1PROD with NOTICES