Federal Register / Vol. 78, No. 86 / Friday, May 3, 2013 / Notices 25943 

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

www.regulations.gov/#!docketDetail;D=APHIS– 

2011-0129. 

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 13–022–01p) from the 

J.R. Simplot Company (Simplot) of 

Boise, ID, seeking a determination of 

nonregulated status of potatoes 

(Solanum tuberosum) designated as 

InnateTM potatoes (events E12, E24, F10, 

F37, J3, J55, J78, G11, H37, and H50), 

which have been genetically engineered 

for low acrylamide potential and 

reduced black spot bruise. Acrylamide 

is a human neurotoxicant and potential 

carcinogen that may form in potatoes 

and other starchy foods under certain 

cooking conditions. The petition states 

that these potatoes are 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, InnateTM

potatoes have been genetically 

engineered through the insertion of 

genetic elements from potato or wild 

potato (a group of related plant species 

that are sexually compatible with 

potato) using Simplot’s InnateTM

technologies. Simplot’s InnateTM

technologies allow researchers to isolate 

genetic elements from any plant 

genome, rearrange them, or link them 

together in desired permutations, and 

introduce them back into the genome, 

without incorporating anything other 

than plant DNA. InnateTM potatoes are 

currently regulated under 7 CFR part 

340. Interstate movements and field 

tests of InnateTM potatoes 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 the risk 

of persistence in the environment after 

completion of the tests. 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 information 

regarding the extent of true potato seed 

use for planting in the United States as 

compared to the use of asexually 

propagated fragments of potato tubers. 

We are also 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 potato 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 

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 29th day of 

April 2013. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2013–10504 Filed 5–2–13; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

[Docket No. APHIS–2012–0023] 

Changes to Scrapie Flock Certification 

Program 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Notice and request for 

comments. 

SUMMARY: We are giving notice of 

changes to the Scrapie Flock 

Certification Program (SFCP), a 

voluntary program for sheep and goat 

flock owners who wish to reduce and/ 

or eliminate the risk of introducing 

classical scrapie into their flocks. In 

order to refocus the program’s risk 

reduction strategy on animal sampling, 

we plan to eliminate the Complete 

Monitored category of the SFCP. This 

will affect all ‘‘Complete Monitored’’ 

and ‘‘Certified’’ flocks. Flock owners 

who are currently enrolled in the 

Complete Monitored or Certified 

category who wish to remain in the 

SFCP will be allowed to enroll in either 

the Select category or the Export 

category. This change will allow us to 

apply limited agency resources to areas 

that most effectively contribute to 

scrapie eradication, such as nationwide 

surveillance activities for the disease in 

sheep and goats. 


erowe on DSK2VPTVN1PROD with NOTICES
25944 Federal Register / Vol. 78, No. 86 / Friday, May 3, 2013 / Notices 

DATES: We will consider all comments 

that we receive on or before June 3, 

2013. 

ADDRESSES: You may submit comments 

by either of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov/ 

#!documentDetail;D=APHIS-2012-0023- 

0001. 

• Postal Mail/Commercial Delivery: 

Send your comment to Docket No. 

APHIS–2012–0023, 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-2012-0023 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. 

Alan Huddleston, Associate National 

Scrapie Program Coordinator, National 

Center for Animal Health Programs, VS, 

APHIS, 4700 River Road Unit 39, 

Riverdale, MD 20737–1231; (301) 851– 

3497. 

SUPPLEMENTARY INFORMATION: Scrapie is 

a degenerative and ultimately fatal 

disease affecting the central nervous 

systems of sheep and goats. It belongs to 

a group of diseases called transmissible 

spongiform encephalopathies. The 

Animal and Plant Health Inspection 

Service (APHIS), U.S. Department of 

Agriculture (USDA), administers a 

National Scrapie Eradication Program 

(NSEP) to eliminate classical scrapie 

from the United States. The Scrapie 

Flock Certification Program (SFCP), 

described in regulations at 9 CFR part 

54, is a voluntary program within the 

broader NSEP. Producers who elect to 

join the SFCP agree to follow a set of 

requirements outlined in the ‘‘Scrapie 

Flock Certification Program Standards’’ 

(program standards). We plan to revise 

the program standards for the SFCP. The 

SFCP program standards may be viewed 

on the APHIS Web site at http:// 

www.aphis.usda.gov/animal_health/ 

animal_diseases/scrapie/. Printed 

copies may be obtained from the person 

listed above under FOR FURTHER

INFORMATION CONTACT. 

Since APHIS established the SFCP as 

part of the NSEP, SFCP participants 

have received tangible benefits from the 

program, including a reduced risk of 

introducing scrapie into the flock and 

an increased marketability of 

participating animals. However, APHIS 

has evaluated the effects of the SFCP on 

scrapie eradication and concluded that 

the SFCP does not support national 

scrapie eradication as effectively as 

other surveillance activities, such as the 

Regulatory Scrapie Slaughter 

Surveillance (RSSS) program, 

distribution of free eartags to sheep and 

goat producers, and disease 

investigations and flock clean ups. Due 

to budget reductions in fiscal year (FY) 

2012 and anticipated reductions in 

upcoming fiscal years, the NSEP needs 

to focus resources on its most effective 

components. APHIS has therefore 

decided to revise the SFCP to focus 

resources on other surveillance 

activities. The revisions to the SFCP are 

expected to both increase the program’s 

contributions toward surveillance by 

approximately 50 percent and to cut the 

cost of the voluntary program roughly in 

half, saving about $500,000 annually for 

surveillance activities. The revised 

SFCP will assist APHIS in continuing to 

move efficiently toward scrapie 

eradication. 

Effects of the SFCP on Scrapie 

Eradication 

Our analysis of the effects of the SFCP 

on scrapie eradication found: 

• Participation in the SFCP is 

voluntary, and participating flocks 

represent only 1 percent of the total 

number of U.S. sheep flocks and goat 

herds 

• Participation in the SFCP has 

declined by about 25 percent since 

2007 

• More owners are using genotyping to 

reduce a sheep flock’s risk of infection 

than the voluntary flock certification 

program 

• The Complete Monitored category of 

the SFCP does not efficiently detect 

scrapie cases 

Surveillance and disease response 

activities are the most effective 

components of the scrapie program with 

regard to eradication. The ability to 

detect clinically healthy but infected 

animals and successfully trace them 

back to their infected and source flocks 

has decreased scrapie prevalence by 85 

percent, from 0.2 percent in 2002–2003 

to less than 0.03 percent at the end of 

FY 2011. The most effective activities 

include: 

• The RSSS program 

• The distribution of free official eartags 

to sheep and goat producers 

• Compliance enforcement at animal 

concentration points 

• Disease investigations 

Decreased funding for these elements 

means that many of the remaining 

scrapie-infected animals in the United 

States may go undetected. This could 

cost the sheep and goat industries 

approximately $10 million to $20 

million each year scrapie continues to 

be present in our national sheep and 

goat population. 

The SFCP is a voluntary StateFederal-industry cooperative effort 

established and maintained to monitor 

flocks and certify the scrapie status of 

the animals enrolled in the program. 

Any sheep or goat owner or manager 

may apply to participate in the SFCP. 

There are three categories of enrollment. 

The Selective Monitored category has 

the lowest level of monitoring, and 

flocks participating in this category 

cannot become certified. The Complete 

Monitored category has a higher level of 

monitoring, and flocks can achieve 

Certified status after 5 years. The Export 

Monitored category has the highest level 

of monitoring, and flocks can become 

Export Certified after 7 years. 

Approximately 94 percent of all 

participating flocks are in the Complete 

Monitored category. The most 

significant cost of the SFCP is the 

annual inspection, which is currently 

required for every flock participating in 

the program. 

The revised SFCP will eliminate the 

Complete Monitored category. 

Participants in this category will have 

the following options: (1) Join a revised 

Selective Monitored category; (2) join 

the Export Monitored category; or (3) 

withdraw from the program. The 

Selective Monitored category will be 

renamed Select Monitored, to be 

consistent with the common category 

reference used by the sheep and goat 

industry. The revised Select Monitored 

category will no longer be subject to the 

annual inspection of all animals 

conducted by an APHIS or State 

representative under the former 

Selective Monitored category. We 

expect that 40 percent to 60 percent of 

current Complete Monitored category 

participants will either join the Select 

category or withdraw from the program, 

and the remaining 40 to 60 percent will 

join the Export Monitored category. 

Because the revised Select Monitored 

category would no longer require an 

annual inspection, the cost of the SFCP 

will be cut roughly in half, saving about 

$500,000 annually for surveillance 

activities. Additionally, the Select 

Monitored category will have a new 

sampling requirement; flocks that join 

the Select Monitored and Export 

Monitored categories will therefore 

contribute a greater number of animals 

for scrapie testing than in the current 


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Federal Register / Vol. 78, No. 86 / Friday, May 3, 2013 / Notices 25945 

1See Notice of Antidumping Duty Order: Hand 

Trucks and Certain Parts Thereof From the People’s 

Republic of China, 69 FR 70122 (December 2, 2004) 

(Hand Trucks Order). 

2The Department noted that it was conducting 

the remand respectfully under protest. See WelCom 

MCK Magna Cart Remand Results at 2. See also 

Viraj Group, Ltd. v. United States, 343 F.3d 1371 

(Fed. Cir. 2003). 

program. The reduced cost of the SFCP 

and the increased surveillance achieved 

through the revised program will allow 

APHIS to continue to move efficiently 

toward full scrapie eradication. 

If a participant with a flock currently 

in the Complete Monitored category 

chooses to join the Export Monitored 

category instead of the Select Monitored 

category, the flock will become an 

Export Monitored flock with the same 

status date that it held on its conversion 

date. If it is a Certified flock, it will 

become an Export Monitored flock with 

5 years of time in status. APHIS will list 

the flock as both an Export Monitored 

flock and a Certified flock on its Web 

site for 3 years or until it achieves 

Export Certified status. After 3 years, 

flocks that have not achieved Export 

Certified status would be listed only as 

Export Monitored. Most former Certified 

flocks that join should be able to 

achieve Export Certified status within 2 

years, since Certified status required 5 

years of successful monitoring and 

Export Certified status requires 7 years. 

We welcome public comment on this 

notice and the proposed revisions to the 

SFCP program standards. If no 

substantive changes to the revised SFCP 

are deemed necessary by the APHIS 

Administrator, the revised SFCP 

program will come into effect 7 days 

after the close of the comment period for 

this notice. If substantive changes are 

deemed necessary, we will publish an 

additional document in the Federal 

Register to discuss them; otherwise, the 

final version of the revised SFCP 

program standards will be announced 

and made available on the APHIS Web 

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

animal_health/animal_diseases/ 

scrapie/. 

Done in Washington, DC, this 29th day of 

April 2013. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2013–10543 Filed 5–2–13; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–570–891] 

Hand Trucks and Certain Parts Thereof 

From the People’s Republic of China: 

Notice of Court Decision Not in 

Harmony With Final Scope Ruling and 

Notice of Amended Final Scope Ruling 

Pursuant to Court Decision 

AGENCY: Import Administration, 

International Trade Administration, 

Department of Commerce. 

SUMMARY: On April 24, 2013, the United 

States Court of International Trade (CIT) 

sustained the Department of 

Commerce’s (the Department’s) final 

results of remand determination, 

regarding the scope of the Hand Trucks 

Order 1 excluding the WelCom Products 

MCK Magna Cart pursuant to the CIT’s 

remand order in WelCom Products, Inc. 

v. United States, Court No. 11–00370, 

Slip Op. 12–124 (September 27, 2012) 

(WelCom). See Results of 

Redetermination Pursuant to Court 

Order, Court No. 11–00370, dated 

December 20, 2012 (WelCom MCK 

Magna Cart Remand Results). Consistent 

with the decision of the United States 

Court of Appeals for the Federal Circuit 

(Federal Circuit) in Timken Co. v. 

United States, 893 F.2d 337 (Fed. Cir. 

1990) (Timken), as clarified by Diamond 

Sawblades Mfrs. Coalition v. United 

States, 626 F.3d 1374 (Fed. Cir. 2010) 

(Diamond Sawblades), the Department 

is notifying the public that the final 

judgment in this case is not in harmony 

with the Department’s final scope ruling 

and is amending its final scope ruling 

on WelCom Products’ MCK Magna Cart. 

See the memorandum entitled ‘‘Hand 

Trucks and Certain Parts Thereof from 

the People’s Republic of China (PRC): 

Final Scope Ruling—WelCom Products 

MC2 Magna Cart, MCI Magna Cart, and 

MCK Magna Cart,’’ dated September 6, 

2011 (Final Scope Ruling). 

DATES: Effective Date: May 4, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Steve Bezirganian or Robert James, AD/ 

CVD Operations, Office 7, Import 

Administration—International Trade 

Administration, U.S. Department of 

Commerce, 14th Street and Constitution 

Avenue NW., Washington, DC, 20230; 

telephone (202) 482–1131 or (202) 482– 

0649, respectively. 

SUPPLEMENTARY INFORMATION:

Background 

On October 12, 2010, WelCom 

Products (WelCom) submitted a request 

inquiring whether three of its products, 

the MC2 Magna Cart, MCI Magna Cart, 

and MCK Magna Cart, are outside of the 

scope of the Hand Trucks Order. In the 

Final Scope Ruling, the Department 

found the MC2 Magna Cart and the MCI 

Magna Cart are not within the scope of 

the hand trucks order, but the MCK 

Magna Cart is within the scope of the 

Hand Trucks Order. WelCom 

challenged the Department’s final 

determination with respect to the MCK 

Magna Cart, and U.S. producer Gleason 

Industries challenged the Department’s 

final determination with respect to the 

MC2 Magna Cart and the MCI Magna 

Cart. The Court sustained the 

Department’s ruling with respect to the 

latter two products, but found the 

Department’s decision regarding the 

MCK Magna Cart to be unreasonable. 

With respect to the MCK Magna Cart, 

the Court found the Department had not 

justified its conclusion in light of the 

Department’s prior scope rulings, and, 

therefore, the ruling must be set aside 

and reconsidered. The Court ordered the 

Department to reconsider its conclusion 

that the entire telescoping portion of the 

frame must be less than 5/8′′ in diameter 

in order for a product to meet scope 

exclusion language in the order, and to 

further consider the record developed in 

the ITC injury determination. See 

WelCom at 14. Pursuant to the Court’s 

order in WelCom, in WelCom MCK 

Magna Cart Remand Results we 

determined that the MCK Magna Cart is 

outside the scope of the Hand Trucks 

Order.2 The CIT sustained the 

Department’s remand redetermination 

on April 24, 2013. See WelCom 

Products, Inc. v. United States, Court 

Number 11–0370, Slip Op. 1354, April 

24, 2013. 

Timken Notice 

In its decision in Timken, 893 F.2d at 

341, as clarified by Diamond Sawblades, 

the Federal Circuit has held that, 

pursuant to section 516A(e) of the Tariff 

Act of 1930, as amended (the Act), the 

Department must publish a notice of a 

court decision that is not ‘‘in harmony’’ 

with a Department determination and 

must suspend liquidation of entries 

pending a ‘‘conclusive’’ court decision. 

The CIT’s April 24, 2013, judgment 

sustaining the Department’s remand 

redetermination construing the scope of 


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