### 13301 Federal Register / Vol. 78, No. 39 / Wednesday, February 27, 2013 / Notices

**DEPARTMENT OF AGRICULTURE**

**Animal and Plant Health Inspection**
**Service**

**[Docket No. APHIS–2012–0109]**

**Notice of Request for Extension of Approval of an Information Collection;**  **Spring Viremia of Carp; Import Restrictions on Certain Live Fish,**  **Fertilized Eggs, and Gametes**

**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 live fish, fertilized eggs, and gametes to prevent the introduction of spring viremia of carp into the United States.

**DATES :**  We will consider all comments that we receive on or before April 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-2012-0109-

0001.

• Postal Mail/Commercial Delivery: Send your comment to Docket No. APHIS–2012–0109, 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-2012-0109 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 live fish, fertilized eggs, and gametes, contact Dr. ChristaSpeekmann, Import/Export SpecialistAquatic Animals, National Center for Import and Export, VS, APHIS, 4700 River Road, Unit 39, Riverdale MD 20737; (301) 851–3365. 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: Spring Viremia of Carp; Import Restrictions on Certain Live Fish, Fertilized Eggs, and Gametes.

OMB Number: 0579–0301. Type of Request: Extension of approval of an information collection.

Abstract: Under the Animal Health Protection Act (7 U.S.C. 8301 et seq. ), the Animal and Plant Health Inspection Service (APHIS) of the U.S. Department of Agriculture is authorized, among other things, to prohibit or restrict the importation and interstate movement of animals and animal products to prevent
the introduction into and dissemination
within the United States of livestock diseases and pests. To carry out this mission, APHIS regulates the importation of animals and animal products into the United States. These regulations are contained in title 9, parts 92 through 98, of the Code of Federal Regulations. Sections 93.900 through 93.906 contain requirements to prevent the introduction of spring viremia of carp (SVC) into the United States. SVC is a disease of certain species of finfish that is caused by an eponymous
rhabdovirus. The disease is considered extremely contagious, and there are currently no U.S.-approved vaccines or
treatments for the virus.

In accordance with the regulations, APHIS restricts the importation of livefish, fertilized eggs, and gametes of SVCsusceptible species and the importation of diagnostic specimens or research materials containing viable SVC virus. The regulations involve information collection activities, including an Application for Import or in Transit Permit (Animals, Animal Semen, Animal Embryos, Birds, Poultry, or Hatching Eggs) (VS Form 17–129), Application for Permit to: Import or Transport Controlled Material or Organisms or Vectors (VS Form 16–3), Refusal of Entry and Order to Dispose of Fish (VS Form 17–136), and Declaration of Importation (Animals, Animal Semen, Animal Embryos, Birds, Poultry, or Hatching Eggs) (VS Form 17–29). In addition to the listed forms, additional
information collection activities include a health certificate, cleaning and disinfection certificate, and 72-hour
notification to APHIS before arrival of a shipment in the United States. Lastly, recordkeeping is also required.

Since the last extension of approval
for these information collection activities, APHIS has refined the number of respondents and number of responses collected, resulting in a decrease of the estimated annual number of respondents from 462 to 76. In addition, APHIS has also improved estimates of the time necessary for completion of these activities, as well as the number of recordkeepers, which was adjusted from 12,010 to 1,072. The
estimated total annual burden hours has now decreased from 2,018.21 hours to 1,016 hours.

We are asking the Office of Management and Budget (OMB) to approve our use of 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 0.189164029 hours per response.

Respondents: Brokers, personnel at aquatic pathogen detection laboratories, salaried veterinary officers of the national government of the exporting region or designated certifying officials, and importers of SVC-susceptible live fish, fertilized eggs, and gametes.

Estimated annual number of respondents: 76.

Estimated annual number of responses per respondent: 70.67.

Estimated annual number of

responses: 5,371.

Estimated total annual burden on respondents: 1,016 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.


### 13302 Federal Register / Vol. 78, No. 39 / Wednesday, February 27, 2013 / Notices

1 To view the notice, petition, draft EA, the PPRA, and the comments we received, go to http:// www.regulations.gov/#!docketDetail;D=APHIS–

2012–0024. Done in Washington, DC, this 20th day of February 2013.

Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 2013–04496 Filed 2–26–13; 8:45 am]

**BILLING CODE 3410–34–P**

**DEPARTMENT OF AGRICULTURE**

**Animal and Plant Health Inspection**
**Service**

**[Docket No. APHIS–2012–0024]**

**Syngenta Biotechnology, Inc.; Determination of Nonregulated Status**  **of Corn Genetically Engineered for**
**Insect Resistance**

**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 the Syngenta Biotechnology, Inc., designated as event SYN–05307–1, which has been genetically engineered for resistance to corn rootworm, an insect pest of corn, 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 Syngenta Biotechnology, 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 pest risk assessment. This notice also announces the availability of our written determination and finding of no significant impact.

**DATES :**  Effective Date: February 27,

2013.

**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) 799–7039 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–2012–0024.

**FOR FURTHER INFORMATION CONTACT :**  Dr. John Turner, Director, Environmental Risk Analysis Programs, Biotechnology Regulatory Services, APHIS, 4700 River Road Unit 147, Riverdale, MD 20737– 1236; (301) 851–3954, email: john.t.turner@aphis.usda.gov. To obtain copies of the documents referenced in this notice, contact Ms. Cindy Eck at (301) 851–3892, 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 determination of nonregulated status
must take and the information that must be included in the petition.

APHIS received a petition (APHIS Petition Number 10–336–01p) from Syngenta Biotechnology, Inc., (Syngenta) of Research Triangle Park, NC, seeking a determination of nonregulated status of corn (Zea mays L.) designated as event SYN–05307–1, which has been genetically engineered for resistance to corn rootworm, an insect pest of corn. The petition states that this corn 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 July 13, 2012 (77 FR 41366– 41367, Docket No. APHIS–2012–0024), APHIS announced the availability of the Syngenta petition, a plant pest risk assessment (PPRA), 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, the draft EA, and the PPRA for 60 days ending on September 11, 2012.

APHIS received 86 comments during the comment period, with 14 commenters expressing support of the EA’s preferred alternative to make a determination of nonregulated status and the remaining 72 commenters expressing opposition. One of the comments opposing a determination of nonregulated status included submitted
electronic attachments that consisted of many signed letters containing identical material (4,601 letters). Issues raised during the comment period included adequacy of the EA, effects on nontarget organisms, and potential effects on
human and animal health. 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 of Syngenta’s corn event SYN–05307–1, 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 Syngenta, references provided in the petition, peer-reviewed publications, information analyzed in the EA, the PPRA, comments provided by the public, and information provided in APHIS’ response to those public comments, APHIS has determined that Syngenta’s corn event SYN–05307–1 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.