23738 Federal Register / Vol. 78, No. 77 / Monday, April 22, 2013 / Notices 

www.regulations.gov and will be made 

available for public inspection at the 

above physical address during regular 

business hours. 

FOR FURTHER INFORMATION CONTACT: Kim 

Harmon at the above physical address, 

by telephone (202) 720–8054, or by 

email at Kim.Harmon@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: 

Title: Livestock Mandatory reporting 

Act of 1999. 

OMB Number: 0581–0186. 

Expiration Date of Approval: 

December 31, 2013. 

Type of Request: Extension of a 

currently approved information 

collection. 

Abstract: The 1999 Act was enacted 

into law on October 22, 1999, (Pub. L. 

106–78; 7 U.S.C. 1635–1636i), as an 

amendment to the Agricultural 

Marketing Act of 1946 (7 U.S.C. 1621– 

1627). The 1999 Act as originally passed 

provided for the mandatory reporting of 

market information by federally 

inspected livestock processing plants 

that have slaughtered an average 

number of livestock during the 

immediately preceding 5 calendar years 

(125,000 for cattle and 100,000 for 

swine), including any processing plant 

that did not slaughter during the 

immediately preceding 5 calendar years 

if the Secretary determines that the 

plant should be considered a packer 

based on the plant’s capacity. For 

entities that did not slaughter during the 

immediately preceding 5 calendar years, 

such as a new plant or existing plant 

that begins operations, AMS projects the 

plant’s annual slaughter or production 

based upon the plant’s estimate of 

annual slaughter capacity to determine 

which entities meet the definition of 

packer as defined in the regulation. The 

1999 Act also gave the Secretary the 

latitude to provide for the reporting of 

lamb information. Federally inspected 

lamb processing plants that slaughtered 

an average of 75,000 head of lambs or 

processed an average of 75,000 lamb 

carcasses during the immediately 

preceding 5 calendar years were 

required to submit information to AMS. 

Additionally, a lamb processing plant 

that did not slaughter an average of 

75,000 lambs or process an average of 

75,000 lamb carcasses during the 

immediately preceding 5 calendar years 

was required to report information if the 

Secretary determined the processing 

plant should be considered a packer 

based on its capacity. In addition, the 

Act also established that for any 

calendar year, an importer of lamb that 

imported an average of 2,500 metric 

tons of lamb meat products during the 

immediately preceding 5 calendar years 

was required to report information on 

the domestic sales of imported boxed 

lamb cuts. Additionally, an importer 

that did not import an average of 2,500 

metric tons of lamb meat products 

during the immediately preceding 5 

calendar years was required to report 

information if the Secretary determined 

that the person should be considered an 

importer based on their volume of lamb 

imports. The regulations implementing 

the Act appear at 7 CFR part 59. 

The 1999 Act was reauthorized in 

October 2006, which re-established the 

regulatory authority and amended the 

swine reporting requirements to include 

swine packers that slaughtered an 

average of at least 200,000 sows, boars, 

and or combination thereof per year 

during the immediately preceding 5 

calendar years. On May 16, 2008, AMS 

published a final rule (75 FR 28606) 

implementing the same. 

September 28, 2010, the Mandatory 

Price Reporting Act reauthorized LMR 

for an additional 5 years and added a 

provision for mandatory reporting of 

wholesale pork cuts. 

The reports that are generated by the 

1999 Act are used by other Government 

agencies to evaluate market conditions 

and calculate price levels, such as 

USDA’s Economic Research Service and 

World Agricultural Outlook Board. 

Economists at most major agricultural 

colleges and universities use the reports 

to make short and long-term market 

projections. Also, the Government is a 

large purchaser of livestock related 

products. A system to monitor the 

collection and reporting of data 

therefore is needed. 

The information must be collected, 

compiled, and disseminated by an 

impartial third-party, in a manner 

which protects the confidentiality of the 

reporting entities. AMS is in the best 

position to provide this service. 

Estimate of Burden: Public reporting 

burden for this collection of information 

is estimated to average .171 hours per 

response. 

Respondents: Business or other forprofit entities, individuals or 

households, farms, and the Federal 

Government. 

Estimated Number of Respondents: 

422 respondents. 

Estimated Number Responses: 

138,684 responses. 

Estimated Number of Responses per 

Respondent: 329 responses. 

Estimated Total Annual Burden on 

Respondents: 23,779 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 

the use of appropriate automated, 

electronic, mechanical, or other 

technological collection techniques or 

other forms of information technology. 

All responses to this document will 

be summarized and included in the 

request for OMB approval. All 

comments will become a matter of 

public record. 

Dated: April 16, 2013. 

David R. Shipman, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2013–09383 Filed 4–19–13; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

[Docket No. APHIS–2013–0013] 

Monsanto Company and Forage 

Genetics International (FGI); 

Availability of Petition for 

Determination of Nonregulated Status 

of Genetically Engineered Alfalfa 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Notice. 

SUMMARY: We are advising the public 

that the Animal and Plant Health 

Inspection Service (APHIS) has received 

a petition from the Monsanto Company 

and Forage Genetics International (FGI) 

seeking a determination of nonregulated 

status of alfalfa designated as event 

KK179, which has been genetically 

engineered to express reduced levels of 

guaiacyl lignin. The petition has been 

submitted in accordance with our 

regulations concerning the introduction 

of certain genetically engineered 

organisms and products. We are making 

the Monsanto Company and FGI 

petition available for review and 

comment to help us identify potential 

environmental and interrelated 

economic issues and impacts that 

APHIS may determine should be 

considered in our evaluation of the 

petition. 

DATES: We will consider all comments 

that we receive on or before June 21, 

2013. 


tkelley on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 78, No. 77 / Monday, April 22, 2013 / Notices 23739 

1To view the notice, go to http:// 

www.regulations.gov/#!docketDetail;D=APHIS2011-0129. 

ADDRESSES: You may submit comments 

by either of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov/ 

#!documentDetail;D=APHIS-2013-0013- 

0001. 

• Postal Mail/Commercial Delivery: 

Send your comment to Docket No. 

APHIS–2013–0013, 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-2013-0013 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. 

The petition is also available on the 

APHIS Web site at http:// 

www.aphis.usda.gov/brs/aphisdocs/ 

12_32101p.pdf. 

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 petition, contact Ms. Cindy 

Eck at (301) 851–3892, email: 

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

SUPPLEMENTARY INFORMATION: 

Background 

Under the authority of the plant pest 

provisions of the Plant Protection Act (7 

U.S.C. 7701 et seq.), 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 (GE) 

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 has received a petition (APHIS 

Petition Number 12–321–01p) from the 

Monsanto Company and Forage 

Genetics International (FGI) seeking a 

determination of nonregulated status of 

alfalfa designated as event KK179, 

which has been genetically engineered 

to express reduced levels of guaiacyl 

lignin (G lignin), a major subunit 

component of total lignin, as compared 

to conventional alfalfa at the same stage 

of growth. This reduction in G lignin 

leads to reduced accumulation of total 

lignin in alfalfa forage, the principal 

feed product derived from alfalfa. The 

petition states that this alfalfa event is 

unlikely to pose a plant pest risk and, 

therefore, should not be a regulated 

article under APHIS’ regulations in 7 

CFR part 340. 

As described in the petition, the 

Monsanto Company and FGI have 

developed event KK179 (Medicago 

sativa L.) for reduced levels of G lignin 

through the suppression of caffeoyl CoA 

3-O-methyltransferase (CCOMT), a key 

enzyme in the lignin biosynthetic 

pathway. Event KK179 was produced by 

insertion of CCOMT gene segments, 

derived from alfalfa, assembled to form 

an inverted repeat DNA sequence. The 

inverted repeat sequence produces 

double-stranded RNA which suppresses 

endogenous CCOMT gene expression 

via the RNA interference pathway. 

Suppression of the CCOMT gene 

expression leads to lower CCOMT 

protein expression resulting in reduced 

synthesis of G lignin subunit compared 

to conventional alfalfa at the same stage 

of growth. The reduction in G lignin 

subunit synthesis leads to reduced 

accumulation of total lignin, measured 

as acid detergent lignin. Event KK179 is 

currently regulated under 7 CFR part 

340. Interstate movement and field tests 

of event KK179 have been conducted 

under notifications acknowledged by 

APHIS. 

Field tests conducted under APHIS 

oversight allowed for evaluation in a 

natural agricultural setting while 

imposing measures to minimize risk of 

persistence in the environment after 

completion of the test. Data are gathered 

on multiple parameters and used by the 

applicant to evaluate agronomic 

characteristics and product 

performance. These and other data are 

used by APHIS to determine if the new 

variety poses a plant pest risk. 

Paragraph (d) of § 340.6 provides that 

APHIS will publish a notice in the 

Federal Register providing 60 days for 

public comment for petitions for a 

determination of nonregulated status. 

On March 6, 2012, we published in the 

Federal Register (77 FR 13258–13260, 

Docket No. APHIS–2011–0129) a 

notice 1 describing our process for 

soliciting public comment when 

considering petitions for determinations 

of nonregulated status for GE organisms. 

In that notice we indicated that APHIS 

would accept written comments 

regarding a petition once APHIS 

deemed it complete. 

In accordance with § 340.6(d) of the 

regulations and our process for 

soliciting public input when 

considering petitions for determinations 

of nonregulated status for GE organisms, 

we are publishing this notice to inform 

the public that APHIS will accept 

written comments regarding the petition 

for a determination of nonregulated 

status from interested or affected 

persons for a period of 60 days from the 

date of this notice. The petition is 

available for public review, and copies 

are available as indicated under 

ADDRESSES and FOR FURTHER

INFORMATION CONTACT above. 

We are interested in receiving 

comments regarding potential 

environmental and interrelated 

economic issues and impacts that 

APHIS may determine should be 

considered in our evaluation of the 

petition. We are particularly interested 

in receiving comments regarding 

biological, cultural, or ecological issues, 

and we encourage the submission of 

scientific data, studies, or research to 

support your comments. We also 

request that, when possible, 

commenters provide relevant 

information regarding specific localities 

or regions as alfalfa growth, crop 

management, and crop utilization may 

vary considerably by geographic region. 

After the comment period closes, 

APHIS will review all written comments 

received during the comment period 

and any other relevant information; any 

substantive issues identified by APHIS 

based on our review of the petition and 

our evaluation and analysis of 

comments will be considered in the 

development of our decisionmaking 

documents. 

As part of our decisionmaking process 

regarding a GE organism’s regulatory 

status, APHIS prepares a plant pest risk 

assessment to assess its plant pest risk 

and the appropriate environmental 

documentation—either an 

environmental assessment (EA) or an 

environmental impact statement (EIS)— 

in accordance with the National 


tkelley on DSK3SPTVN1PROD with NOTICES
23740 Federal Register / Vol. 78, No. 77 / Monday, April 22, 2013 / Notices 

Environmental Policy Act (NEPA), to 

provide the Agency with a review and 

analysis of any potential environmental 

impacts associated with the petition 

request. For petitions for which APHIS 

prepares an EA, APHIS will follow our 

published process for soliciting public 

comment (see footnote 1) and publish a 

separate notice in the Federal Register 

announcing the availability of APHIS’ 

EA and plant pest risk assessment. 

Should APHIS determine that an EIS is 

necessary, APHIS will complete the 

NEPA EIS process in accordance with 

Council on Environmental Quality 

regulations (40 CFR part 1500–1508) 

and APHIS’ NEPA implementing 

regulations (7 CFR part 372). 

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 17th day of 

April 2013. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2013–09384 Filed 4–19–13; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

[Docket No. APHIS–2010–0086] 

Notice of Availability of a Swine 

Brucellosis and Pseudorabies 

Proposed Action Plan 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Notice of availability and 

request for comments; reopening of the 

comment period. 

SUMMARY: We are reopening the 

comment period for a notice that made 

a proposed action plan describing a 

potential new approach to managing 

swine brucellosis and pseudorabies 

available for public review and 

comment. This action will allow 

interested persons additional time to 

prepare and submit comments. 

DATES: We will consider all comments 

that we receive on or before July 22, 

2013. 

ADDRESSES: You may submit comments 

by either of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov/ 

#!documentDetail;D=APHIS-2010-0086- 

0001. 

• Postal Mail/Commercial Delivery: 

Send your comment to Docket No. 

APHIS–2010–0086, 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-2010-0086 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: Dr. 

Troy Bigelow, National Center for 

Animal Health Programs, VS, APHIS, 

Federal Building Room 891, 210 Walnut 

Street, Des Moines, IA 50309; (515) 284– 

4121. 

SUPPLEMENTARY INFORMATION: On 

February 7, 2013, we published in the 

Federal Register (78 FR 9028–9029, 

Docket No. APHIS–2010–0086) a notice 

that made a proposed action plan 

describing a potential new approach to 

managing swine brucellosis and 

pseudorabies available for public review 

and comment. 

Comments on the notice were 

required to be received on or before 

April 8, 2013. We are reopening the 

comment period on Docket No. APHIS– 

2010–0086 for an additional 90 days 

ending July 22, 2013 This action will 

allow interested persons additional time 

to prepare and submit comments. We 

will also consider all comments 

received between April 9, 2013 (the day 

after the close of the original comment 

period) and the date of this notice. 

Done in Washington, DC, this 17th day of 

April 2013. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2013–09394 Filed 4–19–13; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

[Docket No. APHIS–2012–0113] 

Gypsy Moth Program; Record of 

Decision 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Notice. 

SUMMARY: We are advising the public of 

our record of decision for the final 

supplemental environmental impact 

statement for the Gypsy Moth Program. 

DATES: Effective Date: April 22, 2013. 

ADDRESSES: You may read the final 

supplemental environmental impact 

statement and the record of decision 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. The documents are also 

available on the Internet at http:// 

na.fs.fed.us/pubs/detail.cfm?id=5251. 

To obtain copies of the documents, 

contact the person listed under FOR

FURTHER INFORMATION CONTACT. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Julie Spaulding, Plant Protection and 

Quarantine, APHIS, 4700 River Road, 

Riverdale, MD 20737; (301) 851–2184. 

SUPPLEMENTARY INFORMATION: 

Background 

On April 29, 2004, the United States 

Department of Agriculture’s (USDA) 

Forest Service and Animal and Plant 

Health Inspection Service (APHIS) 

published a notice in the Federal 

Register (69 FR 23492–23493) 

announcing the agencies’ proposal to 

add the insecticide tebufenozide (trade 

name Mimic) to their list of treatments 

for the control of gypsy moth. In 

addition to the proposal to add 

tebufenozide, the agencies also 

proposed developing a process for 

adding other insecticides that are 

currently unidentified and unregistered 

insecticides, not available at the current 

time, that may become available in the 

future to their list of treatments for 

control of gypsy moth, if the proposed 

insecticides are within the range of 

effects and acceptable risks for the 

existing list of treatments. The notice 

also announced that the agencies would 

prepare a supplemental environmental 

impact statement (SEIS) to the 

November 1995 final environmental 

impact statement (EIS), Gypsy Moth 

Management in the United States: A 

Cooperative Approach (see 60 FR 

61698). 

A notice of availability for the draft 

SEIS was initially published by the 

Environmental Protection Agency (EPA) 

in the Federal Register on September 

19, 2008 (73 FR 54397, Docket No. ER– 

FRL–8585–7), and a notice of 

availability regarding the final SEIS was 

published by EPA in the Federal 

Register on October 19, 2012 (77 FR 

64334, Docket No. ER–FRL–9005–6). 

The National Environmental Policy Act 

(NEPA) implementing regulations in 40 


tkelley on DSK3SPTVN1PROD with NOTICES