Federal Register / Vol. 74, No. 98 / Friday, May 22, 2009 / Notices 23987 

Estimated Total Annual Burden on 

Respondents: 156 hours. 

The SCBGP is expected to accomplish 

the goals of enhancing the 

competitiveness of specialty crops. 

This program would not be 

maintained by any other agency; 

therefore, the requested information will 

not be available from any other existing 

records. 

AMS is committed to compliance 

with the Government Paperwork 

Elimination Act (GPEA), which requires 

Government agencies in general to 

provide the public the option of 

submitting information or transacting 

business electronically to the maximum 

extent possible. The request for grant 

amendment, annual performance 

reports, final performance report, SF269 

‘‘Financial Status Report (Long Form)’’, 

or the SF269A ‘‘Financial Status Report 

(Short Form)’’, and the audit report/ 

executive summary can be submitted 

electronically. 

Finally, State departments of 

agriculture would be required to retain 

records pertaining to the SCBGP for 3 

years after completion of the grant 

period or until final resolution of any 

audit findings or litigation claims 

relating to the SCBGP. This is a part of 

normal business practice and consistent 

with USDA regulations (7 CFR Parts 

3015 and 3016). 

The estimated one-time cost for all 

State departments of agriculture in 

providing this information to the SCBGP 

is $9,048. This total has been estimated 

by multiplying 351 total burden hours 

by $25.78, an average of mean hourly 

earnings by state and local government 

white collar (excluding sales) 

employees. Data for computation of this 

hourly wage were obtained from the 

U.S. Department of Labor Statistic’s 

publication ‘‘National Compensation 

Survey: Occupational Wages in the 

United States, June 2005’’, published 

August 2006 (Bulletin 2581). This 

publication can also be found at the 

following Web site: http://www.bls.gov/ 

ncs/ocs/sp/ncbl0832.pdf. 

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. 

Comments may be sent to: Docket Clerk, 

Fruit and Vegetable Programs, 

Agricultural Marketing Service, U.S. 

Department of Agriculture, Stop 0235, 

1400 Independence Avenue, SW., 

Washington, DC 20250–0243; Fax: (202) 

720–0016; or E-mail: 

scblockgrants@usda.gov. All comments 

received will be available for public 

inspection during regular business 

hours at the same address. 

All responses to this notice will be 

summarized and included in the request 

for OMB approval. All comments will 

become a matter of public record. 

Dated: May 18, 2009. 

Robert C. Keeney, 

Acting Associate Administrator. 

[FR Doc. E9–11969 Filed 5–21–09; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

[Docket No. APHIS–2007–0017] 

Bayer CropScience; Determination of 

Nonregulated Status for Cotton 

Genetically Engineered for Glyphosate 

Herbicide Tolerance 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Notice. 

SUMMARY: We are advising the public of 

our determination that a cotton line 

developed by Bayer CropScience, 

designated as transformation event 

GHB614, which has been genetically 

engineered for tolerance to the herbicide 

glyphosate, 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 

Bayer CropScience in its petition for a 

determination of nonregulated status, 

our analysis of other scientific data, and 

comments received from the public in 

response to a previous notice 

announcing the availability of the 

petition for nonregulated status, our 

environmental assessment, and the pest 

risk assessment. This notice also 

announces the availability of our 

determination and finding of no 

significant impact. 

DATES: Effective Date: May 22, 2009. 

ADDRESSES: You may read the petition, 

the final environmental assessment, the 

pest risk assessment, the determination, 

the finding of no significant impact, 

comments we received on our previous 

notice, and our responses to those 

comments 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) 690–2817 before 

coming. To view these documents on 

the Internet, go to http:// 

www.regulations.gov/fdmspublic/ 

component/ 

main?main=DocketDetail&d=APHIS– 

2007–0017. 

Other Information: Additional 

information about APHIS and its 

programs is available on the Internet at 

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

FOR FURTHER INFORMATION CONTACT: Dr. 

Patricia Beetham, Biotechnology 

Regulatory Services, APHIS, 4700 River 

Road Unit 147, Riverdale, MD 20737– 

1236; (301) 734–0664, e-mail: 

patricia.k.beetham@aphis.usda.gov. To 

obtain copies of the petition, final 

environmental assessment, or the 

finding of no significant impact, contact 

Ms. Cindy Eck by telephone at (301) 

734–0667 or via e-mail: 

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

petition, final environmental assessment 

and finding of no significant impact are 

also available on the Internet at http:// 

www.aphis.usda.gov/brs/aphisdocs/06_

33201p.pdf and http://www.aphis.usda.

gov/brs/aphisdocs/06_33201p_ea.pdf. 

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 


erowe on PROD1PC63 with NOTICES
23988 Federal Register / Vol. 74, No. 98 / Friday, May 22, 2009 / Notices 

1To view the notice, petition, EA, and the 

comments we received, go to http:// 

www.regulations.gov/fdmspublic/component/ 

main?main=DocketDetail&d=APHIS-2007-0017. 

must take and the information that must 

be included in the petition. 

On November 28, 2006, APHIS 

received a petition seeking a 

determination of nonregulated status 

(APHIS No. 06–332–01p) from Bayer 

CropScience (BCS) of Research Triangle 

Park, NC, for cotton (Gossypium 

hirsutum) designated as transformation 

event GHB614, which has been 

genetically engineered for tolerance to 

the herbicide glyphosate, stating that 

cotton line GHB614 does not present a 

plant pest risk. BCS responded to 

APHIS’ subsequent request for 

additional information and clarification 

on May 11, 2007. 

Analysis 

As described in the petition, cotton 

transformation event GHB614 utilizes 

the enzyme 5-enolpyruvylshikimate-3- 

phosphate synthase (EPSPS) gene 

isolated from a previously deregulated 

cotton event (Event GA21; APHIS 

petition number 97–099–01) and 

introduces two amino acid substitutions 

within the EPSPS gene (designated 

2mEPSPS). These modifications 

decrease the binding affinity to 

glyphosate, thus producing tolerance to 

the herbicide. The 2mEPSPS protein 

allows the plant to tolerate applications 

of the broad spectrum herbicide 

glyphosate. Regulatory elements for the 

transgenes were obtained from 

Agrobacterium tumefaciens and were 

introduced into cotton cells using 

Agrobacterium-mediated transformation 

methodology. These regulatory 

sequences are not transcribed and do 

not encode proteins. 

Transformation event GHB614 has 

been considered a regulated article 

under the regulations in 7 CFR part 340 

because it contains gene sequences from 

a plant pathogen. GHB614 cotton has 

been field tested in the United States 

since 2002 under notifications 

authorized by the APHIS. In the process 

of reviewing the permits for field trials 

of the subject cotton plants, APHIS 

determined that the vectors and other 

elements were disarmed and that trials, 

which were conducted under conditions 

of reproductive and physical 

confinement or isolation, would not 

present a risk of plant pest introduction 

or dissemination. APHIS has presented 

two alternatives in the draft 

environmental assessment (EA) based 

on its analyses of data submitted by 

BCS, a review of other scientific data, as 

well as data gathered from field tests 

conducted under APHIS oversight. 

In a notice 1 published in the Federal 

Register on June 18, 2008 (73 FR 34968– 

34700, Docket No. APHIS–2007–0017), 

APHIS announced the availability of 

BCS’ petition and a draft EA for public 

comment. APHIS solicited comments on 

whether the subject cotton event would 

present a plant pest risk and on the EA. 

APHIS received nine comments by the 

close of the 60-day comment period, 

which ended on August 18, 2008. There 

were six comments that supported 

deregulation, two from cotton industry 

groups and four from individuals. There 

were three comments that opposed 

deregulation, one comment from a nongovernment organization and two 

comments from individuals. 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. 

Determination 

Based on APHIS’ analysis of field, 

greenhouse and laboratory data 

submitted by BCS, references provided 

in the petition, information described in 

the final EA and in the finding of no 

significant impact, and a careful 

evaluation of the comments provided by 

the public, APHIS has determined that 

GHB614 cotton will not pose a plant 

pest risk for the following reasons: (1) 

Gene introgression from GlyTolTM

cotton (event GHB614) into wild 

relatives in the United States and its 

territories is extremely unlikely and is 

not likely to increase the weediness 

potential of any resulting progeny or 

adversely affect genetic diversity of 

related plants any more than would 

introgression from traditional cotton 

varieties; (2) it exhibits no 

characteristics that would cause it to be 

weedier than the non-genetically 

engineered parent cotton line or any 

other cultivated cotton; (3) it does not 

pose a risk to non-target organisms, 

including organisms beneficial to 

agriculture and Federally listed 

threatened or endangered species, and 

species proposed for listing; (4) it does 

not pose a threat to biodiversity as it 

does not exhibit traits that increase its 

weediness, and its unconfined 

cultivation should not lead to increased 

weediness of other cultivated cotton, it 

exhibits no changes in disease 

susceptibility, and it is unlikely to harm 

non-target organisms common to the 

agricultural ecosystem or Federally 

listed or proposed threatened or 

endangered species; (5) compared to 

current cotton pest and weed 

management practices, cultivation of 

GlyTolTM cotton should not impact 

standard agricultural practices in cotton 

cultivation including those for organic 

farmers; and (6) disease susceptibility 

and compositional profiles of GlyTolTM

cotton are similar to those of its parent 

line and other cotton cultivars grown in 

the United States; therefore no direct or 

indirect plant pest effects on raw or 

processed plant commodities are 

expected. 

National Environmental Policy Act 

To provide the public with 

documentation of APHIS’ review and 

analysis of any potential environmental 

impacts associated with the 

determination of nonregulated status for 

GHB614 cotton, an EA was 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 

the final EA, the pest risk assessment, 

other pertinent scientific data, and our 

evaluation of the comments provided by 

the public, APHIS has reached a finding 

of no significant impact (FONSI) with 

regard to the determination that BCS’ 

GHB614 cotton line and lines developed 

from it are no longer regulated articles 

under its regulations in 7 CFR part 340. 

Copies of the final EA and FONSI 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 18th day of 

May 2009. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. E9–11972 Filed 5–21–09; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Forest Service 

Crescent Ranger District; Deschutes 

National Forest; Oregon; Rim-Paunina 

Project 

AGENCY: Forest Service, USDA. 


erowe on PROD1PC63 with NOTICES