32356 Federal Register / Vol. 75, No. 109 / Tuesday, June 8, 2010 / Notices 

vegetable and ornamental production 

and to facilitate trading by providing a 

price base used by producers, 

wholesalers, and retailers to market 

product. 

The Agricultural Marketing Act of 

1946 (7 U.S.C. 1621–1627), section 

203(g) directs and authorizes the 

collection and dissemination of 

marketing information including 

adequate outlook information, on a 

market area basis, for the purpose of 

anticipating and meeting consumer 

requirements, aiding in the maintenance 

of farm income and to bring about a 

balance between production and 

utilization. 

The fruit and vegetable industry 

provides information on a voluntary 

basis, and is gathered through 

confidential telephone and face-to-face 

interviews by market reporters. 

Reporters request supplies, demand, 

and prices of over 330 fresh fruit, 

vegetable, nut ornamental, and other 

specialty crops. The information is 

collected, compiled, and disseminated 

by Market News in its critical role as an 

impartial third party. It is collected and 

reported in a manner which protects the 

confidentiality of the respondent and 

their operations. 

The fruit and vegetable market news 

reports are used by academia and 

various government agencies for 

regulatory and other purposes, but are 

primarily used by the fruit, vegetable 

and ornamental trade, which includes 

packers, processors, brokers, retailers, 

producers, and associated industries. 

Members of the fruit and vegetable 

industry regularly make it clear that 

they need and expect the Department of 

Agriculture will issue price and supply 

market reports for commodities of 

regional, national and international 

significance in order to assist in making 

immediate production and marketing 

decisions and as a guide to the amount 

of product in the supply channel. 

Market News data is a critical 

component in AMS’ decisionmaking 

process with regard to the purchase of 

fruit and vegetable products each for 

domestic feeding programs. 

Estimate of Burden: Public reporting 

burden for this collection of information 

is estimated to average .0647 hours per 

response. 

Respondents: Fruit, vegetable, and 

ornamental industry, or other for-profit 

businesses, individuals or households, 

farms. 

Estimated Number of Respondents: 

4,013. 

Estimated Number of Responses per 

Respondent: 219. 

Estimated Total Annual Burden on 

Respondents: 56,861 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 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. 

Dated: June 2, 2010. 

David R. Shipman, 

Acting Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2010–13625 Filed 6–7–10; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

[Docket No. APHIS-2007-0156] 

Pioneer Hi-Bred International, Inc.; 

Determination of Nonregulated Status 

for Genetically Engineered High-oleic 

Soybeans 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Notice. 

SUMMARY: We are advising the public of 

our determination that a soybean line 

developed by Pioneer Hi-Bred 

International, designated as 

transformation event 305423, which has 

been genetically engineered to have 

higher levels of oleic acid, and lower 

levels of linoleic and linolenic acids in 

the soybean oil, 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 in its petition for 

a determination of nonregulated status, 

our analysis of other 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 pest risk assessment. This 

notice also announces the availability of 

our written determination and finding 

of no significant impact. 

EFFECTIVE DATE: June 8, 2010. 

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/brs/not_reg.html) 

and are posted with the previous notices 

and the comments we received on the 

Regulations.gov Web site at (http:// 

www.regulations.gov/fdmspublic/ 

component/ 

main?main=DocketDetail&d=APHIS2007-0156). 

Other Information: Additional 

information about APHIS and its 

programs is available on the Internet at 

(http://www.aphis.usda.gov). 

FOR FURTHER INFORMATION CONTACT: Ms. 

Karen Green, Biotechnology Regulatory 

Services, APHIS, 4700 River Road Unit 

147, Riverdale, MD 20737-1236; 

(301) 734-0672, email: 

(karen.c.green@aphis.usda.gov). To 

obtain copies of the documents 

referenced in this notice, contact Ms. 

Cindy Eck at (301) 734-0667, email: 

(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 


emcdonald on DSK2BSOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 109 / Tuesday, June 8, 2010 / Notices 32357 

1To view the notices, petition, EA, risk 

assessment, and the comments we received, go to 

(http://www.regulations.gov/fdmspublic/ 

component/main?main=DocketDetail&d=APHIS2007-0156). 

determination of nonregulated status 

must take and the information that must 

be included in the petition. 

On December 20, 2006, APHIS 

received a petition seeking a 

determination of nonregulated status 

(APHIS Petition No. 06-354-01p) from 

Pioneer Hi-Bred International, Inc., of 

Johnston, IA (Pioneer), for soybean 

(Glycine max L.) designated as 

transformation event 305423, which has 

been genetically engineered for higher 

levels of oleic acid, a monounsaturated 

fat in soybean oil, stating that soybean 

line 305423 does not present 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 September 2, 2009 (74 FR 

45413-45415, Docket No. APHIS-2007- 

0156), APHIS announced the 

availability of Pioneer’s petition and the 

associated draft environmental 

assessment (EA) and plant pest risk 

assessment for public comment. APHIS 

solicited comments for 60 days ending 

on November 2, 2009, on whether the 

genetically engineered soybean is or 

could be a plant pest and on the draft 

EA and the risk assessment. In a 

subsequent notice published in the 

Federal Register on October 26, 2009 

(74 FR 54950-54951, Docket No. APHIS2007-0156), we extended the comment 

period until December 28, 2009. 

APHIS received 40 comments during 

the comment period. There were 22 

comments from groups or individuals 

who supported deregulation and 18 

from those who opposed deregulation. 

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 305423 soybean, 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 that 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, i.e., that Pioneer’s 

305423 soybean line and lines 

developed from it are granted 

nonregulated status and are no longer 

regulated articles under its regulations 

in 7 CFR part 340. 

Determination 

Based on APHIS’ analysis of field, 

greenhouse, and laboratory data 

submitted by Pioneer, references 

provided in the petition, 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 305423 soybean is unlikely to 

pose a plant pest risk and should be 

granted nonregulated status. 

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 2nd day 

of June 2010. 

Kevin Shea 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2010–13722 Filed 6–7–10; 6:37 am] 

BILLING CODE 3410–34–S 

DEPARTMENT OF AGRICULTURE 

Forest Service 

Gallatin National Forest; Montana; 

Jack Rabbit to Big Sky Meadow Village 

161 kV Transmission Line Upgrade 

Project 

AGENCY: Forest Service, USDA. 

ACTION: Notice of intent to prepare an 

environmental impact statement. 

SUMMARY: The U.S. Forest Service 

(Forest Service) is preparing an 

environmental impact statement (EIS) to 

consider potential effects of a proposed 

project by NorthWestern Energy to 

rebuild an existing 69-kilovolt (kV) 

electric transmission line to a 161-kV 

electric transmission line. The upgraded 

161-kV transmission line would connect 

the existing Jack Rabbit Substation 

located near Four Corners, west of 

Bozeman, Montana, to a new substation 

near Big Sky Meadow Village in Big 

Sky, Montana. Alternatives for the 

proposed transmission line would pass 

through private, state, and federally 

managed lands in Montana. Federally 

managed lands include National Forest 

System (NFS) lands administered by the 

Gallatin National Forest. The Forest 

Service will consider whether to 

authorize the construction, operation 

and maintenance activities along and 

within the existing right of way for the 

portion of the transmisson line that is 

on NFS lands, approximately 16 miles 

of the proposed 37-mile route. 

DATES: Comments concerning the scope 

of the analysis must be received by July 

8, 2010. The draft EIS is expected in 

December 2010 and the final EIS is 

expected in April 2011. 

ADDRESSES: Send written comments to 

Teri Seth, Forest Service Project 

Manager, Gallatin National Forest, 3710 

Fallon Street, Suite C, Bozeman, MT 

59718. Comments may also be sent via 

e-mail to comments-northerngallatin@fs.fed.us or via facsimile to 

(406) 522–2528. Electronic comments 

must be submitted with Microsoft word 

software. 

It is important that reviewers provide 

their comments at such times and in 

such a way that they are useful to the 

Agency’s preparation of the EIS. 

Therefore, comments should be 

provided prior to the close of the 

comment period and should clearly 

articulate the reviewer’s concerns and 

contentions specific to this proposal on 

NFS lands. 

Comments received in response to 

this solicitation, including names and 

addresses of those who comment, will 

be part of the public record for this 

proposed action. Comments submitted 

anonymously will be accepted and 

considered, also. 

FOR FURTHER INFORMATION CONTACT: Teri 

Seth, Forest Service Project Manager, 

Gallatin National Forest; or Lisa 

Stoeffler, District Ranger. Both contacts 

can be reached at 406/522–2520. For 

additional project details you can also 

go to the Gallatin Forest Webpage, look 

for the Big Sky 161 kV Upgrade Project 

on the Planning page: http:// 

www.fs.fed.us/rl/gallatin/ 

?page=projects. 

Individuals who use 

telecommunication devices for the deaf 

(TDD) may call the Federal Information 

Relay Service (FIRS) at 1–800–877–8339 

between 8 a.m. and 8 p.m., Eastern 

Time, Monday through Friday. 

SUPPLEMENTARY INFORMATION: 


emcdonald on DSK2BSOYB1PROD with NOTICES