This section of the FEDERAL REGISTER

contains documents other than rules or

proposed rules that are applicable to the

public. Notices of hearings and investigations,

committee meetings, agency decisions and

rulings, delegations of authority, filing of

petitions and applications and agency

statements of organization and functions are

examples of documents appearing in this

section.

Notices Federal Register

39811 

Vol. 76, No. 130 

Thursday, July 7, 2011 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

[Docket No. APHIS–2011–0081] 

International Center for Technology 

Assessment and the Center for Food 

Safety; Noxious Weed 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 of 

our decision that Kentucky bluegrass 

that has been genetically engineered for 

tolerance to the herbicide glyphosate 

should not be listed as a Federal 

noxious weed and therefore will not be 

regulated under the Animal and Plant 

Health Inspection Service’s regulations 

for noxious weeds. Our decision is 

based on our analysis of available 

scientific data, our weed risk 

assessment, and other available 

information. 

ADDRESSES: The assessment and other 

related documents cited in this notice 

may be viewed at http:// 

www.regulations.gov/ 

#!docketDetail;D=APHIS–2011–0081 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) 6902817 

before coming. 

You may view APHIS’ 2011 response 

to the petition, as well as our weed risk 

assessment and other related 

documents, on the APHIS Web site at 

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

plant_health/plant_pest_info/weeds/ 

newregs.shtml. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Alan Tasker, National Program Manager 

(Noxious Weeds), Emergency and 

Domestic Programs, Plant Protection 

and Quarantine, APHIS, 4700 River 

Road Unit 26, Riverdale, MD 20737– 

1236; (301) 734–5708, e-mail: 

alan.v.tasker@aphis.usda.gov. Dr. 

Tasker may also be contacted to obtain 

copies of the weed risk assessment and 

APHIS’ response to the petition. 

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. 

The PPA defines ‘‘noxious weed’’ as 

‘‘any plant or plant product that can 

directly or indirectly injure or cause 

damage to crops (including nursery 

stock or plant products), livestock, 

poultry, or other interests of agriculture, 

irrigation, navigation, and the natural 

resources of the United States, the 

public health, or the environment.’’ 

Under the authority of the PPA, the 

Animal and Plant Health Inspection 

Service (APHIS) administers the 

regulations in 7 CFR part 360, ‘‘Noxious 

Weed Regulations,’’ which prohibit or 

restrict the importation and interstate 

movement of those plants that we have 

designated as noxious weeds in 

§ 360.200 (the Federal noxious weed 

list). Noxious weeds are likely to be 

aggressively invasive, have significant 

negative impacts, and are extremely 

difficult to manage or control once 

established. If APHIS determines that a 

plant poses a level of harm that would 

warrant its designation as a Federal 

noxious weed, APHIS may place the 

plant on the Federal noxious weed list 

and regulate it under 7 CFR part 360. 

In a petition dated July 18, 2002, the 

International Center for Technology 

Assessment and the Center for Food 

Safety (the petitioners) requested that 

APHIS list two turf grasses, including 

Kentucky bluegrass that has been 

genetically engineered for tolerance to 

the herbicide glyphosate, as Federal 

noxious weeds. On May 13, 2003, 

APHIS responded to the petition and 

declined the request to list the turf 

grasses as Federal noxious weeds based 

on scientific weed risk assessments 

prepared by the Agency. Subsequently, 

the petitioners challenged APHIS’ 

decision in Federal court. On February 

5, 2007, the United States District Court 

for the District of Columbia vacated 

APHIS’ denial of the petition and 

remanded the matter back to APHIS. 

APHIS has prepared a new weed risk 

assessment (WRA) for Kentucky 

bluegrass, which encompasses Kentucky 

bluegrass that has been genetically 

engineered for tolerance to the herbicide 

glyphosate as well as non-herbicidetolerant Kentucky bluegrass. 

Based on its analysis, APHIS has 

determined that Kentucky bluegrass 

does not pose a level of harm that would 

warrant its listing as a noxious weed. 

For that reason, APHIS is denying the 

petitioners’ request to list Kentucky 

bluegrass that has been genetically 

engineered for tolerance to the herbicide 

glyphosate as a Federal noxious weed 

under 7 CFR part 360. APHIS is 

furnishing a response to the petitioner 

denying the petition. 

The WRA and other related 

documents are available for public 

review and copies are available as 

indicated under ADDRESSES and FOR

FURTHER INFORMATION CONTACT above. In 

addition to noxious weeds, APHIS 

regulates plant pests under 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 genetically 

engineered by the Scotts Miracle-Gro 

Company (Scotts) for tolerance to the 

herbicide glyphosate without the use of 

plant pest components does not meet 

the definition of a regulated article 

under APHIS regulations for genetically 

engineered organisms in 7 CFR part 340. 

Authority: 7 U.S.C. 7701–7772 and 7781– 

7786; 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. 2011–17118 Filed 7–6–11; 8:45 am] 

BILLING CODE 3410–34–P 


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