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

41350 

Vol. 77, No. 135 

Friday, July 13, 2012 

DEPARTMENT OF AGRICULTURE 

Submission for OMB Review; 

Comment Request 

July 9, 2012. 

The Department of Agriculture has 

submitted the following information 

collection requirement(s) to OMB for 

review and clearance under the 

Paperwork Reduction Act of 1995, 

Public Law 104–13. Comments 

regarding (a) 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; 

(b) the accuracy of the agency’s estimate 

of burden including the validity of the 

methodology and assumptions used; (c) 

ways to enhance the quality, utility and 

clarity of the information to be 

collected; (d) 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 should be addressed to: Desk 

Officer for Agriculture, Office of 

Information and Regulatory Affairs, 

Office of Management and Budget 

(OMB), 

OIRA_Submission@OMB.EOP.GOV or 

fax (202) 395–5806 and to Departmental 

Clearance Office, USDA, OCIO, Mail 

Stop 7602, Washington, DC 20250– 

7602. Comments regarding these 

information collections are best assured 

of having their full effect if received 

within 30 days of this notification. 

Copies of the submission(s) may be 

obtained by calling (202) 720–8958. 

An agency may not conduct or 

sponsor a collection of information 

unless the collection of information 

displays a currently valid OMB control 

number and the agency informs 

potential persons who are to respond to 

the collection of information that such 

persons are not required to respond to 

the collection of information unless it 

displays a currently valid OMB control 

number. 

Food and Nutrition Service 

Title: National School Lunch Program 

and School Breakfast Program Access, 

Participation, Eligibility, and 

Certification Study II. 

OMB Control Number: 0584–0530. 

Summary of Collection: The National 

School Lunch Program (NSLP) and the 

School Breakfast Program (SBP) provide 

federal financial assistance and 

commodities to schools serving lunches 

and breakfasts that meet required 

nutritional standards. The Improper 

Payments Information Act of 2002 (Pub. 

L. 107–300) requires USDA to identify 

and reduce erroneous payments in 

various programs, including the NSLP 

and SBP. To comply with the Improper 

Payments Information Act and 

Executive Order 13520, USDA must 

report on the prevalence of erroneous 

payments in the NSLP and SBP on an 

annual basis and if erroneous payments 

are significant, take actions to reduce 

improper payments and report on the 

efficacy of those actions. The APEC 

Study II will produce national estimates 

of erroneous payments for SY 2012–13 

based on new collection of primary 

data. 

Need and Use of the Information: In 

School Year 2012–2013, on-site data 

collection activities will be conducted 

in a nationally representative sample of 

school districts and schools across the 

48 contiguous States and the District of 

Columbia. Data to be collected will 

include school administrative records, 

household income from parents/ 

guardians, direct observation of school 

meal transactions and other information 

that will inform the study. 

Description of Respondents: 

Individuals or households, State, Local, 

or Tribal Government. 

Number of Respondents: 8,075. 

Frequency of Responses: Reporting: 

On occasion. 

Total Burden Hours: 5,837. 

Ruth Brown, 

Departmental Information Collection 

Clearance Officer. 

[FR Doc. 2012–17066 Filed 7–12–12; 8:45 am] 

BILLING CODE 3410–30–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

[Docket No. APHIS–2011–0095] 

Monsanto Co.; Determination of 

Nonregulated Status of Soybean 

Genetically Engineered To Produce 

Stearidonic Acid 

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 the Monsanto Co., 

designated as event MON 87769, which 

has been genetically engineered to 

produce stearidonic acid, an omega-3 

fatty acid not found in conventional 

soybean, 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 the 

Monsanto Company 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: July 13, 2012. 

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-2011-0095. 


srobinson on DSK4SPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 135 / Friday, July 13, 2012 / Notices 41351 

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

and the comments we received, go to http:// 

www.regulations.gov/#!docketDetail;D=APHIS2011-0095. 

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 09–183–01p) from the 

Monsanto Company (Monsanto) of St. 

Louis, MO, seeking a determination of 

nonregulated status of soybean (Glycine 

max) designated as event MON 87769, 

which has been genetically engineered 

to produce stearidonic acid, an omega3 fatty acid not found in conventional 

soybean. The petition stated that this 

soybean 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 December 27, 2011 (76 FR 

80871–80872, Docket No. APHIS–2011– 

0095), APHIS announced the 

availability of the Monsanto 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 soybean are likely to pose a 

plant pest risk, the draft EA, and the 

PPRA for 60 days ending on February 

27, 2012. 

APHIS received 226 comments during 

the comment period, with 21 

commenters expressing support of a 

determination of nonregulated status 

and the remaining 205 commenters 

expressing opposition. Issues raised 

during the comment period include 

socioeconomic impacts, changes in 

nutrition caused by the product, 

environmental impacts, changes in 

soybean properties, and product safety. 

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 a determination 

of nonregulated status of Monsanto’s 

soybean event MON 87769, 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 Monsanto, 

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 Monsanto’s 

soybean event MON 87769 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, PPRA, 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 9th day of 

July 2012. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2012–17168 Filed 7–12–12; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

[Docket No. APHIS–2012–0034] 

Bayer CropScience LP; Availability of 

a Finding of No Significant Impact and 

a Preliminary Decision for an 

Extension of a Determination of 

Nonregulated Status of Cotton 

Genetically Engineered for Herbicide 

Tolerance and Insect Resistance 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Notice. 

SUMMARY: We are advising the public 

that the Animal and Plant Health 

Inspection Service has prepared a 

finding of no significant impact and a 

preliminary decision regarding a request 

from Bayer CropScience LP to extend to 

cotton event T303–3, which has been 

genetically engineered to be tolerant to 

the herbicide glufosinate and resistant 

to several lepidopteran pests, our 

determination of nonregulated status of 

TwinLinkTM cotton (event T304–40). We 

are making available for public 

comment our finding of no significant 

impact for the proposed determination 

of nonregulated status. 

DATES: We will consider all comments 

that we receive on or before August 13, 

2012. 

ADDRESSES: You may submit comments 

by either of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov/

#!documentDetail;D=APHIS-2012-0034- 

0001. 

• Postal Mail/Commercial Delivery: 

Send your comment to Docket No. 

APHIS–2012–0034, Regulatory Analysis 

and Development, PPD, APHIS, Station 

3A–03.8, 4700 River Road Unit 118, 

Riverdale, MD 20737–1238. 

The Bayer CropScience LP extension 

request, our finding of no significant 

impact (FONSI), our preliminary 

determination, and any comments we 

receive on this docket may be viewed at 

http://www.regulations.gov/

#!docketDetail;D=APHIS-2012-0034 or 

in our reading room, which is located in 


srobinson on DSK4SPTVN1PROD with NOTICES