This section of the FEDERAL REGISTER

contains notices to the public of the proposed

issuance of rules and regulations. The

purpose of these notices is to give interested

persons an opportunity to participate in the

rule making prior to the adoption of the final

rules.

Proposed Rules Federal Register

10517 

Vol. 74, No. 46 

Wednesday, March 11, 2009 

1To view the proposed rule, supporting 

documents, and any comments we have received, 

and to submit written comments on the proposed 

rule, go to http://www.regulations.gov/fdmspublic/ 

component/main?main=DocketDetail&d=APHIS2008-0023. 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

7 CFR Part 340 

[Docket No. APHIS–2008–0023] 

Introduction of Organisms and 

Products Altered or Produced Through 

Genetic Engineering 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Proposed rule; notice of public 

scoping session and extension of public 

comment period. 

SUMMARY: We are advising the public 

that the Animal and Plant Health 

Inspection Service (APHIS) is holding a 

public scoping session for issue-focused 

public meeting(s) to be held in April 

2009 on the APHIS proposed rule, 

‘‘Importation, Interstate Movement, and 

Release Into the Environment of Certain 

Genetically Engineered Organisms.’’ 

The purpose of the scoping session is to 

discuss with all interested parties the 

agenda and format for the April 2009 

issue meeting(s). 

DATES: The scoping session will be on 

March 13, 2009, from 9 a.m. to 4 p.m. 

ADDRESSES: The scoping session will be 

held at USDA Center at Riverside, 4700 

River Road, Riverdale, MD, in 

Conference Room A. For directions or 

facilities information, call (301) 734– 

8010. 

Other Information: Additional details 

regarding the format of the meeting are 

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

biotechnology/340/340_index.shtml. 

FOR FURTHER INFORMATION CONTACT: If 

you plan to attend the scoping session, 

please contact Mr. Richard Coker, BRS, 

APHIS, 4700 River Road Unit 147, 

Riverdale, MD 20737–1238; (301) 734– 

5720. 

SUPPLEMENTARY INFORMATION: 

Background 

On October 9, 2008, APHIS published 

in the Federal Register (73 FR 60007– 

60048, Docket No. APHIS–2008–0023) a 

proposal 1 to revise our regulations 

regarding the importation, interstate 

movement, and environmental release 

of certain genetically engineered (GE) 

organisms. The proposed revisions 

would bring the regulations into 

alignment with provisions of the Plant 

Protection Act (7 U.S.C. 7701 et seq.) 

and update the regulations in response 

to advances in genetic science and 

technology and our accumulated 

experience in implementing the current 

regulations. APHIS sought public 

comment on the proposal from 

October 9, 2008, to November 24, 2008. 

On January 16, 2009, APHIS 

published in the Federal Register (74 

FR 2907–2909, Docket No. APHIS– 

2008–0023) a notice announcing the 

reopening of the public comment period 

for the proposed rule for an additional 

60 days, particularly seeking additional 

comments on the following four issues: 

Issue 1: Scope of the regulation and 

which GE organisms should be 

regulated. 

Issue 2: Incorporation into APHIS 

regulations of the Plant Protection Act’s 

noxious weed authority. 

Issue 3: Elimination of notification 

procedure and revision of the permit 

procedure. 

Issue 4: Environmental release permit 

categories and regulation of GE crops 

that produce pharmaceutical and 

industrial compounds. 

All four issues were among those that 

have been raised in the comments we 

have received so far on the proposed 

rule. In some cases commenters 

identified concerns about these issues, 

but did not provide specific suggestions 

as to how the proposed rule could be 

modified to address these concerns. By 

extending the comment period, APHIS 

is seeking to increase the transparency 

of the rulemaking process and elicit 

more specific information and detailed 

suggestions regarding these issues. We 

noted in the January 2009 notice 

reopening the comment period that 

APHIS intends to hold an additional 

public meeting on the proposed rule 

during the extended public comment 

period. We intend to hold additional 

public meeting(s) in the greater 

Washington, DC area in April 2009; to 

ensure that we identify the full range of 

topics for the April meeting’s agenda, 

we will be holding a scoping session on 

March 13, 2009. 

The March 13, 2009 scoping session 

will begin with a discussion of the 

topics to be included on the agenda for 

the April 2009 meeting(s). In a previous 

notice published in the Federal Register 

(74 FR 2907–2909, Docket No. APHIS– 

2008–0023) APHIS outlined four issues 

on which the Agency is seeking 

comment. Those four issues will be 

included in the agenda for the April 

2009 meeting(s), along with other 

significant issues deemed appropriate 

by APHIS based on recommendations 

made by interested parties at the 

scoping session. The meeting 

participants at the March 13 meeting 

will also be asked to offer 

recommendations regarding 

collaborative meeting formats that 

would best ensure agenda issues will be 

frankly and fully explored in the April 

2009 meeting(s). 

Those wishing to attend the March 13 

scoping meeting should contact Mr. 

Richard Coker at (301) 734–5720. Also 

contact Mr. Coker if you require a sign 

language interpreter or other special 

accommodations. Those unable to 

attend the scoping session may submit 

comments or suggestions for the April 

issue meeting(s) to APHIS at the address 

listed under FOR FURTHER INFORMATION

CONTACT no later than March 20, 2009. 

Parking and Security Procedures 

Please note that a fee of $3.00 in exact 

change is required to enter the parking 

lot at the USDA Center at Riverside. The 

machine accepts $1 bills or quarters. 

Upon entering the building, visitors 

should inform security personnel that 

they are attending the 340 Proposed 

Rule public meeting. State-issued photo 

identification is required and all bags 

will be screened. Security personnel 

will direct visitors to the registration 

tables located outside of Conference 

Room A on the first floor. Registration 

upon arrival is required for all 

participants. 

Purpose and Nature of the April 2009 

Issue Meeting(s) 

The April 2009 issue meeting(s) will 

provide an opportunity for interested 

persons to discuss in a collaborative 

forum the key concerns that were raised 

during the comment period on the 


rwilkins on PROD1PC63 with PROPOSALS
10518 Federal Register / Vol. 74, No. 46 / Wednesday, March 11, 2009 / Proposed Rules 

proposed rule with USDA officials and 

with one another. The issue-focused 

meeting(s) will be open to the public 

and announced in advance in the 

Federal Register. The proceedings will 

be transcribed, and the transcripts will 

be made part of the rulemaking record. 

The meeting(s) is intended to provide a 

forum for all interested parties to attend 

and participate in all the discussions to 

foster focused, substantive dialogue on 

the key issues. 

Tentatively identified agenda items 

for consideration at the April issue 

meeting(s) include the four issues 

outlined above from the January 16, 

2009 Federal Register notice. 

Extension of Comment Period 

APHIS is extending the comment 

period for the proposed rule, which 

currently closes on March 17, 2009, 

until 60 days following the April 

meeting(s) in order to include in the 

administrative record the transcripts of 

the scoping session and public 

meeting(s), written comments submitted 

by persons unable to attend the 

meeting(s), and other written comments 

submitted by interested parties on the 

matters addressed at the public 

meeting(s). Persons wishing to submit 

written comments on the proposed rule 

may continue to do so until 60 days 

after the April public meeting(s) through 

the Regulations.gov Web site (see 

footnote 1). The new date for the close 

of the comment period will be provided 

in our notice announcing the date and 

other details of the April 2009 issue 

meeting(s). We will accept all comments 

we receive between March 18, 2009 (the 

day after the close of the current 

comment period) and the date of the 

notice that we will publish to announce 

the date(s) of April 2009 issue 

meeting(s) and formally reopen the 

comment period. 

Done in Washington, DC, this 9th day of 

March 2009. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. E9–5372 Filed 3–9–09; 4:15 pm] 

BILLING CODE 3410–34–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2008–0923; FRL–8397–7] 

Exemptions From the Requirement of 

a Tolerance; Proposed Technical 

Amendments 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule; technical 

amendments. 

SUMMARY: This document proposes 

minor technical revisions of certain 

commodity terms listed under 40 CFR 

part 180, subpart D. EPA is proposing 

this action to eventually establish a 

uniform listing of commodity terms. 

DATES: Comments must be received on 

or before May 11, 2009. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2008–0923, by 

one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• Mail: Office of Pesticide Programs 

(OPP) Regulatory Public Docket (7502P), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001. 

• Delivery: OPP Regulatory Public 

Docket (7502P), Environmental 

Protection Agency, Rm. S–4400, One 

Potomac Yard (South Bldg.), 2777 S. 

Crystal Dr., Arlington, VA. Deliveries 

are only accepted during the Docket’s 

normal hours of operation (8:30 a.m. to 

4 p.m., Monday through Friday, 

excluding legal holidays). Special 

arrangements should be made for 

deliveries of boxed information. The 

Docket Facility telephone number is 

(703) 305–5805. 

Instructions: Direct your comments to 

docket ID number EPA–HQ–OPP–2008– 

0923. EPA’s policy is that all comments 

received will be included in the docket 

without change and may be made 

available on-line at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through regulations.gov or email. The regulations.gov website is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through 

regulations.gov, your e-mail address 

will be automatically captured and 

included as part of the comment that is 

placed in the docket and made available 

on the Internet. If you submit an 

electronic comment, EPA recommends 

that you include your name and other 

contact information in the body of your 

comment and with any disk or CD-ROM 

you submit. If EPA cannot read your 

comment due to technical difficulties 

and cannot contact you for clarification, 

EPA may not be able to consider your 

comment. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the docket 

are listed in the docket index available 

in regulations.gov. To access the 

electronic docket, go to http:// 

www.regulations.gov, select ‘‘Advanced 

Search,’’ then ‘‘Docket Search.’’ Insert 

the docket ID number where indicated 

and select the ‘‘Submit’’ button. Follow 

the instructions on the regulations.gov 

website to view the docket index or 

access available documents. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. Publicly available docket 

materials are available either in the 

electronic docket at http:// 

www.regulations.gov, or, if only 

available in hard copy, at the OPP 

Regulatory Public Docket in Rm. S– 

4400, One Potomac Yard (South Bldg.), 

2777 S. Crystal Dr., Arlington, VA. The 

hours of operation of this Docket 

Facility are from 8:30 a.m. to 4 p.m., 

Monday through Friday, excluding legal 

holidays. The Docket Facility telephone 

number is (703) 305–5805. 

FOR FURTHER INFORMATION CONTACT: 

Stephen Morrill, Biopesticides and 

Pollution Prevention Division (7511P), 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 308–8319; fax number: (703) 308– 

7026; e-mail address: morrill.stephen 

@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does This Action Apply to Me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. Potentially 


rwilkins on PROD1PC63 with PROPOSALS