51268 Federal Register / Vol. 73, No. 170 / Tuesday, September 2, 2008 / Notices 

Transformation event X17–2 has been 

considered a regulated article under the 

regulations in 7 CFR part 340 because it 

contains gene sequences from plant 

pathogens. X17–2 papaya has been field 

tested in the United States since 1999 

under notifications authorized by the 

U.S. Department of Agriculture (USDA). 

APHIS has presented two alternatives in 

the draft environmental assessment (EA) 

based on its analyses of data submitted 

by UFL–IFAS, a review of other 

scientific data, and field tests conducted 

under APHIS oversight. APHIS may: (1) 

Take no action (X17–2 papaya remains 

a regulated article); or (2) deregulate 

X17–2 papaya in whole (the preferred 

alternative). 

In section 403 of the Plant Protection 

Act (7 U.S.C. 7701 et seq.), ‘‘plant pest’’

is defined as any living stage of any of 

the following that can directly or 

indirectly injure, cause damage to, or 

cause disease in any plant or plant 

product: A protozoan, a nonhuman 

animal, a parasitic plant, a bacterium, a 

fungus, a virus or viroid, an infectious 

agent or other pathogen, or any article 

similar to or allied with any of the 

foregoing. APHIS views this definition 

broadly to cover direct or indirect 

injury, disease, or damage not just to 

agricultural crops, but also to other 

plant parts and plant products whether 

natural, manufactured, or processed. 

X17–2 papaya is subject to regulation 

by other Federal agencies. Under the 

Coordinated Framework for the 

Regulation of Biotechnology, the U.S. 

Environmental Protection Agency (EPA) 

is responsible for the regulation of 

pesticides under the Federal Insecticide, 

Fungicide, and Rodenticide Act 

(FIFRA), as amended (7 U.S.C. 136 et 

seq.). FIFRA requires that all pesticides, 

including herbicides, be registered prior 

to distribution or sale, unless exempt by 

EPA regulation. In order to be registered 

as a pesticide under FIFRA, it must be 

demonstrated that when used with 

common practices, a pesticide will not 

cause unreasonable adverse effects in 

the environment. Because the use of 

Plant Incorporated Protectants (PIP), 

such as viral coat proteins, is considered 

pesticidal, the University of Florida has 

submitted a registration package to EPA 

for X17–2 papaya. 

Under the Federal Food, Drug, and 

Cosmetic Act (FFDCA), as amended (21 

U.S.C. 301 et seq.), pesticides added to 

(or contained in) raw agricultural 

commodities generally are considered to 

be unsafe unless a tolerance or 

exemption from tolerance has been 

established. Residue tolerances for 

pesticides are established by EPA under 

the FFDCA, and the U.S. Food and Drug 

Administration (FDA) enforces the 

tolerances set by EPA. EPA has 

previously granted a tolerance 

exemption for PRSV coat protein in 

papaya. 

The FDA policy statement concerning 

regulation of products derived from new 

plant varieties, including those 

genetically engineered, was published 

in the Federal Register on May 29, 

1992, and appears at 57 FR 22984–

23005. Under this policy, FDA ensures 

that human food and animal feed, 

including those derived from 

bioengineered sources, are safe and 

wholesome. The University of Florida 

has submitted a food and feed safety 

and nutritional assessment summary to 

FDA for X17–2 papaya in 2007 that is 

currently under agency review. 

A draft EA has been prepared to 

provide the APHIS decisionmaker with 

a review and analysis of any potential 

environmental impacts associated with 

the proposed determination of 

nonregulated status for X17–2 papaya. 

The draft 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). 

In accordance with § 340.6(d) of the 

regulations, 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. We are also 

soliciting written comments from 

interested or affected persons on the 

draft EA prepared to examine any 

environmental impacts of the proposed 

determination for the deregulation of 

the subject papaya event. The petition, 

the draft EA, and any comments 

received are available for public review, 

and copies of the petitions and the draft 

EA are available as indicated under 

ADDRESSES and FOR FURTHER

INFORMATION CONTACT above. 

After the comment period closes, 

APHIS will review all written comments 

received during the comment period 

and any other relevant information. 

After reviewing and evaluating the 

comments on the petition and the EA 

and other data and information, APHIS 

will furnish a response to the petitioner, 

either approving or denying the 

petition. APHIS will then publish a 

notice in the Federal Register 

announcing the regulatory status of 

UFL–IFAS PRSV-resistant papaya event 

X17–2 and the availability of APHIS’

written regulatory and environmental 

decision. 

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 26th day of 

August 2008. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. E8–20289 Filed 8–29–08; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Grain Inspection, Packers and 

Stockyards Administration 

Designation for the Aberdeen, (SD), 

Decatur (IL), Hastings (NE), Fulton (IL), 

Missouri, and South Carolina Areas 

AGENCY: Grain Inspection, Packers and 

Stockyards Administration, USDA. 

ACTION: Notice. 

SUMMARY: We are announcing 

designation of the following 

organizations to provide official services 

under the United States Grain Standards 

Act, as amended (USGSA): Aberdeen 

Grain Inspection, Inc. (Aberdeen); 

Decatur Grain Inspection, Inc. (Decatur); 

Hastings Grain Inspection, Inc. 

(Hastings); John R. McCrea Agency, Inc. 

(McCrea); Missouri Department of 

Agriculture (Missouri); and South 

Carolina Department of Agriculture 

(South Carolina). 

DATES: Effective October 1, 2008. 

ADDRESSES: USDA, GIPSA, Karen 

Guagliardo, Chief, Review Branch, 

Compliance Division, STOP 3604, Room 

1647–S, 1400 Independence Avenue, 

SW., Washington, DC 20250–3604. 

FOR FURTHER INFORMATION CONTACT: 

Karen Guagliardo at 202–720–7312, email Karen.W.Guagliardo@usda.gov. 

Read Applications: All applications 

and comments will be available for 

public inspection at the office above 

during regular business hours (7 CFR 

1.27(b)). 

SUPPLEMENTARY INFORMATION: In the 

March 3, 2008, Federal Register (73 FR 

11387), we requested applications for 

designation to provide official services 

in the geographic areas assigned to the 

official agencies named above. 

Applications were due by April 2, 2008. 

Aberdeen, Decatur, Hastings, McCrea, 

Missouri, and South Carolina were the 

sole applicants for designation to 

provide official services in the entire 

area currently assigned to them, so 


erowe on PROD1PC64 with NOTICES
Federal Register / Vol. 73, No. 170 / Tuesday, September 2, 2008 / Notices 51269 

GIPSA did not ask for additional 

comments on them. 

We evaluated all available 

information regarding the designation 

criteria in section 7(f)(l) of USGSA (7 

U.S.C. 79 (f)) and determined that 

Aberdeen, Decatur, Hastings, McCrea, 

Missouri, and South Carolina are able to 

provide official services in the 

geographic areas specified in the March 

3, 2008, Federal Register, for which 

they applied. These designation actions 

to provide official services are effective 

October 1, 2008, and terminate 

September 30, 2011, for Aberdeen, 

Decatur, Hastings, McCrea, Missouri, 

and South Carolina. Interested persons 

may obtain official services by calling 

the telephone numbers listed below. 

Official agency Headquarters location and telephone Designation start–end 

Aberdeen ............................................... Aberdeen, SD, 605–225–8432; Additional Location: Mitchell, SD .................... 10/1/2008–9/30/2011. 

Decatur .................................................. Decatur, IL, 217–429–2466 ................................................................................ 10/1/2008–9/30/2011. 

Hastings ................................................ Hastings, NE, 402–462–4254; Additional Location: Grand Island, NE ............. 10/1/2008–9/30/2011. 

McCrea .................................................. Fulton, IL, 815–589–9955 .................................................................................. 10/1/2008–9/30/2011. 

Missouri ................................................. Jefferson City, MO, 573–751–5515; Additional Locations: Vandalia, Kansas 

City, St. Joseph, Marshall and New Madrid, MO.

10/1/2008–9/30/2011. 

South Carolina ...................................... Columbia, SC, 843–296–7522 ........................................................................... 10/1/2008–9/30/2011. 

Section 7(f)(1) of the USGSA, 

authorizes GIPSA’s Administrator to 

designate a qualified applicant to 

provide official services in a specified 

area after determining that the applicant 

is better able than any other applicant 

to provide such official services (7 

U.S.C. 79 (f)(1)). 

Section 7(g)(1) of USGSA provides 

that designations of official agencies 

will terminate not later than three years 

and may be renewed according to the 

criteria and procedures prescribed in 

section 7(f) of USGSA. 

Authority: 7 U.S.C. 71–87k. 

James E. Link, 

Administrator, Grain Inspection, Packers and 

Stockyards Administration. 

[FR Doc. E8–19539 Filed 8–29–08; 8:45 am] 

BILLING CODE 3410–KD–P 

DEPARTMENT OF AGRICULTURE 

Grain Inspection, Packers and 

Stockyards Administration 

Opportunity for Designation in 

Jamestown (ND), Lincoln (NE), 

Memphis (TN), and Sioux City (IA) 

Areas, and Request for Comments on 

the Official Agencies Serving These 

Areas 

AGENCY: Grain Inspection, Packers and 

Stockyards Administration, USDA. 

ACTION: Notice. 

SUMMARY: The designations of the 

official agencies listed below will end 

on March 31, 2009. We are asking 

persons interested in providing official 

services in the areas served by these 

agencies to submit an application for 

designation. We are also asking for 

comments on the quality of services 

provided by these currently designated 

agencies: Grain Inspection, Inc. 

(Jamestown); Lincoln Inspection 

Service, Inc. (Lincoln); Midsouth Grain 

Inspection Service (Midsouth); and 

Sioux City Inspection and Weighing 

Service Company (Sioux City). 

DATES: Applications and comments 

must be received on or before October 

2, 2008. 

ADDRESSES: We invite you to submit 

applications and comments on this 

notice. You may submit applications 

and comments by any of the following 

methods: 

• To apply for designation, go to FGIS 

online, Web page: https:// 

fgis.gipsa.usda.gov/ 

default_home_FGIS.aspx. Select 

Delegations/Designations and Export 

Registrations (DDR). You need eauthentication and a customer number 

prior to applying. 

• Hand Delivery or Courier: Deliver to 

Karen Guagliardo, Review Branch Chief, 

Compliance Division, GIPSA, USDA, 

Room 1647–S, 1400 Independence 

Avenue, SW., Washington, DC 20250. 

• Fax: Send by facsimile transmission 

to (202) 690–2755, attention: Karen 

Guagliardo. 

• E-mail: Send via electronic mail to 

Karen.W.Guagliardo@usda.gov. 

• Mail: Send hardcopy to Karen 

Guagliardo, Review Branch Chief, 

Compliance Division, GIPSA, USDA, 

STOP 3604, 1400 Independence 

Avenue, SW., Washington, DC 20250–

3604. 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

online instructions for submitting 

comments and reading any comments 

posted online. 

Read Applications and Comments: 

All applications and comments will be 

available for public inspection at the 

office above during regular business 

hours (7 CFR 1.27(b)). 

FOR FURTHER INFORMATION CONTACT: 

Karen Guagliardo at 202–720–7312, email Karen.W.Guagliardo@usda.gov. 

SUPPLEMENTARY INFORMATION: Section 

7(f)(1) of the United States Grain 

Standards Act, as amended (USGSA or 

Act), authorizes GIPSA’s Administrator 

to designate a qualified applicant to 

provide official services in a specified 

area after determining that the applicant 

is better able than any other applicant 

to provide such official services (7 

U.S.C. 79 (f)(1)). 

Section 7(g)(1) of USGSA provides 

that designations of official agencies 

will terminate not later than three years 

and may be renewed according to the 

criteria and procedures prescribed in 

section 7(f) of USGSA. 

CURRENT DESIGNATIONS BEING ANNOUNCED FOR RENEWAL

Official agency Main office Designation start Designation 

end 

Jamestown ................................................ Jamestown, ND ........................................ 4/01/2009 .................................................. 3/31/2012 

Lincoln ....................................................... Lincoln, NE ............................................... 4/01/2009 .................................................. 3/31/2012 

Midsouth .................................................... Memphis, TN ............................................ 4/01/2009 .................................................. 3/31/2012 

Sioux City .................................................. Sioux City, IA ............................................ 4/01/2009 .................................................. 3/31/2012 


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