81_FR_51323 81 FR 51174 - The Scotts Co. and Monsanto Co.; Notice of Intent To Prepare an Environmental Impact Statement for Determination of Nonregulated Status of Glyphosate-Resistant Creeping Bentgrass

81 FR 51174 - The Scotts Co. and Monsanto Co.; Notice of Intent To Prepare an Environmental Impact Statement for Determination of Nonregulated Status of Glyphosate-Resistant Creeping Bentgrass

DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service

Federal Register Volume 81, Issue 149 (August 3, 2016)

Page Range51174-51176
FR Document2016-18421

We are announcing that the Animal and Plant Health Inspection Service intends to prepare an environmental impact statement (EIS) to evaluate the environmental impacts that may result from the approval of a new petition for nonregulated status of glyphosate-resistant creeping bentgrass (Agrostis stolonifera L.) (event ASR368) from The Scotts Company and Monsanto Company following withdrawal of their 2003 petition. Issues to be addressed in the EIS include the potential environmental impacts to managed natural and non-agricultural lands, agricultural production systems, the physical environment, biological resources, human health, socioeconomics, federally listed threatened or endangered species, and cultural or historic resources. This notice of intent (NOI) replaces a previous NOI published in September 2004 and initiates a fresh public scoping process and stakeholder engagement for the purpose of preparing an EIS. We are requesting public comments to further frame the scope of the issues to be included in the EIS, including alternatives and environmental impacts.

Federal Register, Volume 81 Issue 149 (Wednesday, August 3, 2016)
[Federal Register Volume 81, Number 149 (Wednesday, August 3, 2016)]
[Notices]
[Pages 51174-51176]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-18421]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2015-0096]


The Scotts Co. and Monsanto Co.; Notice of Intent To Prepare an 
Environmental Impact Statement for Determination of Nonregulated Status 
of Glyphosate-Resistant Creeping Bentgrass

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice.

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SUMMARY: We are announcing that the Animal and Plant Health Inspection 
Service intends to prepare an environmental impact statement (EIS) to 
evaluate the environmental impacts that may result from the approval of 
a new petition for nonregulated status of glyphosate-resistant creeping 
bentgrass (Agrostis stolonifera L.) (event ASR368) from The Scotts 
Company and Monsanto Company following withdrawal of their 2003 
petition. Issues to be addressed in the EIS include the potential 
environmental impacts to managed natural and non-agricultural lands, 
agricultural production systems, the physical environment, biological 
resources, human health, socioeconomics, federally listed threatened or 
endangered species, and cultural or historic resources. This notice of 
intent (NOI) replaces a previous NOI published in September 2004 and 
initiates a fresh public scoping process and stakeholder engagement for 
the purpose of preparing an EIS. We are requesting public comments to 
further frame the scope of the issues to be included in the EIS, 
including alternatives and environmental impacts.

DATES: We will consider all comments that we receive on or before 
September 2, 2016.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=APHIS-2015-0096.
     Postal Mail/Commercial Delivery: Send your comment to 
Docket No. APHIS-2015-0096, 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-2015-
0096 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.
    Other Information: We have retained the public comments submitted 
in response to previous notices on this subject. Due to the amount of 
time that has passed since these comments were originally submitted, 
some of the comments may need to be updated with newer information. 
These earlier comments will be assessed as long as they reflect 
conditions in the current agricultural and natural environment and are 
relevant to issues studied in the environmental impact statement (EIS). 
We welcome new submissions offering scientific facts, professional 
observations, and perspectives about how to evaluate any new material 
available for analysis in the EIS.

FOR FURTHER INFORMATION CONTACT: Dr. Sidney Abel, Assistant Deputy 
Administrator, Biotechnology Regulatory Services, APHIS, 4700 River 
Road, Unit 147, Riverdale, MD 20737-1238; (301) 851-3896, email: 
[email protected]. To obtain copies of the petition, contact

[[Page 51175]]

Ms. Cindy Eck at (301) 851-3882, email: [email protected].

SUPPLEMENTARY INFORMATION: 

Background

    Under the authority of the plant pest provisions of the Plant 
Protection Act (PPA), as amended (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 
organisms and products are considered ``regulated articles.''
    The regulations in 7 CFR 340.6(a) provide that any person may 
submit a petition to the Animal and Plant Health Inspection Service 
(APHIS) of the U.S. Department of Agriculture (USDA) seeking a 
determination that an article should not be regulated under 7 CFR part 
340. Paragraphs (b) and (c) of Sec.  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 received a new petition from The Scotts Company (Scotts) and 
Monsanto Company (Monsanto), APHIS Petition Number 15-300-01p, seeking 
a determination of nonregulated status for creeping bentgrass (Agrostis 
stolonifera L.) that is resistant to glyphosate, identified as event 
ASR368 or Roundup Ready[supreg] creeping bentgrass. The petition states 
that this regulated article is unlikely to pose a plant pest risk and, 
therefore, should not be a regulated article under APHIS' regulations 
in 7 CFR part 340. These part 340 regulations are authorized by the PPA 
to prevent the introduction or dissemination of plant pests, and the 
decision on whether or not to approve the petition request will be 
based on this standard.
    A total of six notices have been published in the Federal Register 
related to the current and previous petition. The first notice,\1\ 
published on January 5, 2004, advised the public of receipt of petition 
03-104-01p and solicited comments from the public on the petition. The 
second notice,\2\ published on September 24, 2004, announced APHIS' 
intent to prepare an environmental impact statement (EIS) in accordance 
with the National Environmental Policy Act of 1969 (NEPA), as amended 
(42 U.S.C. 4321 et seq.) to provide the Agency with a review and 
analysis of potential environmental impacts associated with the 
petition request. The third notice,\3\ published on November 18, 2004, 
reopened the comment period on the second notice and announced APHIS' 
intent to hold a public meeting to promote further public involvement 
in the development of the EIS. On April 11, 2005, a fourth notice \4\ 
invited the public to attend public EIS scoping sessions in May 2005 in 
Maryland and Oregon. The fifth notice,\5\ published on October 12, 
2005, requested information from the public on glyphosate use and weed 
management in nonagricultural lands. The sixth notice \6\ published on 
January 8, 2016, advised the public of receipt of the current petition 
(15-300-01p) and solicited comment from the public, including comments 
related to the environmental impacts associated with the potential 
deregulation. APHIS received 168 comments during the 60-day comment 
period from a variety of stakeholders. These comments can be viewed on 
Regulations.gov (see ADDRESSES above). In total, more than 1,000 
comments were submitted to APHIS during the public comment periods and 
at the public meetings.
---------------------------------------------------------------------------

    \1\ Docket No. 03-101-1 published on January 5, 2004, Vol. 69 
No. 2; http://www.aphis.usda.gov/brs/fedregister/BRS_20040105a.pdf.
    \2\ Docket No. 03-101-2 published on September 24, 2004, Vol. 69 
No. 185; http://www.aphis.usda.gov/brs/fedregister/BRS_20040924a.pdf.
    \3\ Docket No. 03-101-3 published on November 18, 2004, Vol. 69 
No. 222; http://www.aphis.usda.gov/brs/fedregister/BRS_20041118a.pdf.
    \4\ Docket No. 03-101-4 published on April 11, 2005, Vol. 70 No. 
68; http://www.aphis.usda.gov/brs/fedregister/BRS_20050411a.pdf.
    \5\ Docket No. 03-101-5 published on October 12, 2005, Vol. 70 
No. 196 http://www.aphis.usda.gov/brs/fedregister/BRS_20051012a.pdf.
    \6\ Docket No. APHIS-2015-0096 published on January 8, 2016, 
Vol. 81, No. 5 https://www.regulations.gov/docket?D=APHIS-2015-0096.
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    Creeping bentgrass is a perennial outcrossing species, thus major 
issues raised by commenters focused on plant biology and agronomic 
consequences of it outcrossing to weedy species that may impact 
agriculture and/or natural ecosystems. Issues raised specifically 
included the distribution of seed and pollen from creeping bentgrass, 
hybridization with native or naturalized species, the need for 
additional chemicals to control glyphosate-resistant grass species that 
may develop due to hybridization with creeping bentgrass, increased 
weediness, the ability of creeping bentgrass to establish without 
cultivation, potential impacts on agricultural irrigation canals, and 
the development of herbicide-resistant weeds.
    APHIS published a preliminary risk assessment \7\ as part of its 
evaluation of the petition request under 7 CFR part 340 and also a 
white paper \8\ to support the preliminary risk assessment, providing a 
summary of the biology and ecology of creeping bentgrass. These 
documents were published in 2005 and 2006, respectively. The 
preliminary risk assessment concluded that there is a possibility that 
ASR368 or hybrids of ASR368 could become established in various urban 
or rural and natural areas. At the time the preliminary risk assessment 
was written, there were at least 13 naturalized or native species with 
which creeping bentgrass could hybridize in the United States. The 
white paper presented biological and ecological information on creeping 
bentgrass, including its distribution in the United States and Canada, 
and the ability for it to form hybrids by natural interspecific crosses 
or potentially do so. APHIS will further investigate in the EIS whether 
or not there are any additional species that hybridize with A. 
stolonifera and associated environmental impacts. APHIS will review the 
2005 preliminary risk assessment, updating it to reflect changes in 
turfgrass science and the current document standards of APHIS.
---------------------------------------------------------------------------

    \7\ http://www.aphis.usda.gov/brs/aphisdocs/03_10401p_ra.pdf.
    \8\ http://www.aphis.usda.gov/peer_review/downloads/cbg-wpFinal.pdf.
---------------------------------------------------------------------------

    To fulfill its section 7 requirements under the Endangered Species 
Act, APHIS entered into consultation with the U.S. Fish and Wildlife 
Services (USFWS) on the first petition (03-104-01p). Subsequent to the 
withdrawal of the petition in September 2015, APHIS notified the USFWS 
that it was terminating the consultation on the petition. Information 
provided during the comment period on this notice of intent (NOI) will 
be used to update APHIS' assessment of the effects on threatened and 
endangered species and critical habitat (collectively referred to as 
listed resources) and, as appropriate and required by statute, will be 
shared with the USFWS as part of APHIS' commitment to protect listed 
resources. If APHIS enters into formal consultation, the USFWS will 
make a determination about whether nonregulated status of ASR368 will 
jeopardize the continued existence of federally listed plant and animal 
species.
    Under NEPA, Federal agencies must examine the potential 
environmental

[[Page 51176]]

impacts of proposed major Federal actions significantly affecting the 
quality of the human environment before taking that action. In 
accordance with NEPA, the regulations of the Council on Environmental 
Quality for implementing the procedural provisions of NEPA (40 CFR 
parts 1500-1508), USDA regulations implementing NEPA (7 CFR part 1b), 
and APHIS' NEPA Implementing Procedures (7 CFR part 372) require that 
for each submitted petition, APHIS consider the potential environmental 
impacts of a request for nonregulated status either by preparing an 
environmental assessment (EA) or an EIS. APHIS has decided to prepare 
an EIS to better understand the degree of uncertainty for environmental 
impacts associated with the deregulation of ASR368. This uncertainty is 
primarily related to four issues that will be studied in the EIS: (1) 
Potential for hybridization and introgression, (2) management of 
volunteer ASR368, (3) potential effects on weed management practices, 
and (4) potential inter-related trade and economic impacts. The EIS 
will examine the broad and cumulative environmental impacts of the 
requested deregulation of ASR368, including potential impacts of the 
proposed action on the human environment and alternative courses of 
action.

Alternatives

    The Federal action being considered is whether to approve the 
petition for nonregulated status of ASR368. This notice identifies 
reasonable alternatives and potential issues that may be studied in the 
EIS. We are requesting public input and comment on the range of 
alternatives, and on the environmental impacts and issues stated in 
this NOI as well as suggestions for additional alternatives for 
consideration and new impacts or issues to be evaluated in the EIS for 
the petition.
    The EIS will consider a range of reasonable alternatives. APHIS is 
currently considering two alternatives: (1) Take no action, i.e., APHIS 
would not change the regulatory status of the glyphosate-resistant 
creeping bentgrass event ASR368 and such plants would continue to be 
regulated articles, or (2) approve the petition for determination of 
nonregulated status of ASR368.

Environmental Issues for Consideration

    We have identified the following potential environmental issues for 
consideration in the EIS: Impacts on managed natural and non-
agricultural lands; on agricultural production systems; on the physical 
environment; on biological resources; on human health; on socioeconomic 
issues; on federally listed threatened or endangered species; and on 
cultural or historic resources. In addition to providing input and 
comment on these issues, we are also requesting that the public provide 
information on the following questions during the comment period:

Potential for Hybridization and Introgression

     What are the weed species in potential affected 
environments with which ASR368 may hybridize and introgress? What 
evidence is there that this would or could occur?
     If introgression was to occur, would the inability to 
identify introgression of ASR368 lead to stand failures or increasing 
costs for production of grass seed crops when compared to non-
genetically engineered (non-GE) creeping bentgrass? What evidence is 
there that would support stand failure or increased costs.

Management of Volunteer ASR368

     Compared to non-GE creeping bentgrass and other grasses, 
would deregulation of ASR368 result in its establishment and 
persistence in situations where it is unwanted, unintended, or 
unexpected (e.g., agricultural irrigation canals, habitat restoration, 
riparian areas, wetlands, or grasslands)?
     When compared to non-GE creeping bentgrass, could the 
spread of ASR368 or its relatives to areas where it is unwanted, 
unintended, or unexpected potentially result in adverse effects on 
native species or habitats, including threatened and endangered species 
and their habitats? What supporting information is available to 
conclude an adverse effect?

Potential Effects on Weed Management Practices

     Would the presence of volunteer ASR368 increase the costs 
and complexity of weed control for growers of non-GE creeping bentgrass 
and other crops? What evidence is there to support this conclusion?
     What potential changes of agronomic practices may occur as 
a result of the presence of ASR368 agricultural crops, including crop 
rotation practices, herbicide use, and tillage?

Potential Trade and Economic Impacts

     What potential impacts on GE-free grass seed exports could 
result from the presence of ASR368?
     What potential impacts on conventional and organic crops 
could result from the presence of ARS368?
    Comments that identify other issues or alternatives that should be 
considered for examination in the EIS would be especially helpful. All 
comments received during the scoping period will be carefully 
considered in developing the final scope of the EIS. Upon completion of 
the draft EIS, a notice announcing its availability and an opportunity 
to comment on it will be published in the Federal Register.

    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 27th day of July 2016.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2016-18421 Filed 8-2-16; 8:45 am]
BILLING CODE P



                                                    51174

                                                    Notices                                                                                                       Federal Register
                                                                                                                                                                  Vol. 81, No. 149

                                                                                                                                                                  Wednesday, August 3, 2016



                                                    This section of the FEDERAL REGISTER                      Purpose: United States Agency for                   previous NOI published in September
                                                    contains documents other than rules or                  International Development must collect                2004 and initiates a fresh public scoping
                                                    proposed rules that are applicable to the               information for reporting purposes to                 process and stakeholder engagement for
                                                    public. Notices of hearings and investigations,         Congress and Office of Acquisition and                the purpose of preparing an EIS. We are
                                                    committee meetings, agency decisions and                Assistance Contract Administration.                   requesting public comments to further
                                                    rulings, delegations of authority, filing of
                                                    petitions and applications and agency
                                                                                                            This collection is to collect personal                frame the scope of the issues to be
                                                    statements of organization and functions are            information on applicants for USAID                   included in the EIS, including
                                                    examples of documents appearing in this                 personal services contracts and is used               alternatives and environmental impacts.
                                                    section.                                                to award a personal services contract                 DATES: We will consider all comments
                                                                                                            with required signatures.                             that we receive on or before September
                                                                                                              Annual Reporting Burden:                            2, 2016.
                                                    AGENCY FOR INTERNATIONAL                                  U.S. Respondents: 550.                              ADDRESSES: You may submit comments
                                                    DEVELOPMENT                                               Total Annual U.S. Responses: 550.                   by either of the following methods:
                                                                                                              Total Annual Hours Requested:                          • Federal eRulemaking Portal: Go to
                                                    Notice of Public Information                            137.50 hours.                                         http://www.regulations.gov/
                                                    Collections Being Reviewed by the                         Dated: July 18, 2016.                               #!docketDetail;D=APHIS-2015-0096.
                                                    U.S. Agency for International                                                                                    • Postal Mail/Commercial Delivery:
                                                                                                            Lynn Winston,
                                                    Development; Comments Requested                                                                               Send your comment to Docket No.
                                                                                                            Chief, Information and Records Division, US
                                                    SUMMARY:   U.S. Agency for International                Agency for International Development.                 APHIS–2015–0096, Regulatory Analysis
                                                    Development (USAID) is making efforts                   [FR Doc. 2016–17375 Filed 8–2–16; 8:45 am]            and Development, PPD, APHIS, Station
                                                    to reduce the paperwork burden. USAID                   BILLING CODE M
                                                                                                                                                                  3A–03.8, 4700 River Road, Unit 118,
                                                    invites the general public and other                                                                          Riverdale, MD 20737–1238.
                                                    Federal agencies to take this                                                                                    Supporting documents and any
                                                    opportunity to comment on the                                                                                 comments we receive on this docket
                                                                                                            DEPARTMENT OF AGRICULTURE                             may be viewed at http://
                                                    following proposed and/or continuing
                                                    information collections, as required by                 Animal and Plant Health Inspection                    www.regulations.gov/
                                                    the Paperwork Reduction Act for 1995.                   Service                                               #!docketDetail;D=APHIS-2015-0096 or
                                                    Comments are requested concerning:                                                                            in our reading room, which is located in
                                                       (a) The accuracy of the burden                       [Docket No. APHIS–2015–0096]                          Room 1141 of the USDA South
                                                    estimates; (b) ways to enhance the                                                                            Building, 14th Street and Independence
                                                                                                            The Scotts Co. and Monsanto Co.;                      Avenue SW., Washington, DC. Normal
                                                    quality, utility, and clarity of the
                                                                                                            Notice of Intent To Prepare an                        reading room hours are 8 a.m. to 4:30
                                                    information collected; and (c) ways to
                                                                                                            Environmental Impact Statement for                    p.m., Monday through Friday, except
                                                    minimize the burden of the collection of
                                                                                                            Determination of Nonregulated Status                  holidays. To be sure someone is there to
                                                    information on the respondents,
                                                                                                            of Glyphosate-Resistant Creeping                      help you, please call (202) 799–7039
                                                    including the use of automated
                                                                                                            Bentgrass                                             before coming.
                                                    collection techniques, or other forms of
                                                    information technology.                                 AGENCY:  Animal and Plant Health                         Other Information: We have retained
                                                    DATES: Submit comments on or before                     Inspection Service, USDA.                             the public comments submitted in
                                                    October 3, 2016.                                        ACTION: Notice.
                                                                                                                                                                  response to previous notices on this
                                                    FOR FURTHER INFORMATION CONTACT:
                                                                                                                                                                  subject. Due to the amount of time that
                                                    Sylvia Joyner, Bureau for Management,                   SUMMARY:   We are announcing that the                 has passed since these comments were
                                                    Office of Management Services,                          Animal and Plant Health Inspection                    originally submitted, some of the
                                                    Information and Records Division, U.S.                  Service intends to prepare an                         comments may need to be updated with
                                                    Agency for International Development,                   environmental impact statement (EIS) to               newer information. These earlier
                                                    Room 2.07C, RRB, Washington, DC                         evaluate the environmental impacts that               comments will be assessed as long as
                                                    20523, (202) 712–5007 or via email                      may result from the approval of a new                 they reflect conditions in the current
                                                    sjoyner@usaid.gov.                                      petition for nonregulated status of                   agricultural and natural environment
                                                      Comments: Send comments via email                     glyphosate-resistant creeping bentgrass               and are relevant to issues studied in the
                                                    to jltaylor@usaid.gov, U.S. Agency for                  (Agrostis stolonifera L.) (event ASR368)              environmental impact statement (EIS).
                                                    International Development, Office of                    from The Scotts Company and                           We welcome new submissions offering
                                                    Acquisition and Assistance, 1300                        Monsanto Company following                            scientific facts, professional
                                                    Pennsylvania Avenue NW., SA–44                          withdrawal of their 2003 petition. Issues             observations, and perspectives about
                                                    Room 867–C, Washington, DC 20523,                       to be addressed in the EIS include the                how to evaluate any new material
                                                                                                            potential environmental impacts to                    available for analysis in the EIS.
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    202–567–4673.
                                                    SUPPLEMENTARY INFORMATION:                              managed natural and non-agricultural                  FOR FURTHER INFORMATION CONTACT: Dr.
                                                      OMB No:                                               lands, agricultural production systems,               Sidney Abel, Assistant Deputy
                                                      Form No.: AID 309–1.                                  the physical environment, biological                  Administrator, Biotechnology
                                                      Title: CONTRACT WITH AN                               resources, human health,                              Regulatory Services, APHIS, 4700 River
                                                    INDIVIDUAL FOR PERSONAL                                 socioeconomics, federally listed                      Road, Unit 147, Riverdale, MD 20737–
                                                    SERVICES.                                               threatened or endangered species, and                 1238; (301) 851–3896, email:
                                                      Type of Review: A Revised                             cultural or historic resources. This                  Sidney.w.abel@aphis.usda.gov. To
                                                    Information Collection.                                 notice of intent (NOI) replaces a                     obtain copies of the petition, contact


                                               VerDate Sep<11>2014   18:21 Aug 02, 2016   Jkt 238001   PO 00000   Frm 00001   Fmt 4703   Sfmt 4703   E:\FR\FM\03AUN1.SGM   03AUN1


                                                                               Federal Register / Vol. 81, No. 149 / Wednesday, August 3, 2016 / Notices                                                  51175

                                                    Ms. Cindy Eck at (301) 851–3882, email:                 published on September 24, 2004,                      on agricultural irrigation canals, and the
                                                    cynthia.a.eck@aphis.usda.gov.                           announced APHIS’ intent to prepare an                 development of herbicide-resistant
                                                    SUPPLEMENTARY INFORMATION:                              environmental impact statement (EIS) in               weeds.
                                                                                                            accordance with the National                             APHIS published a preliminary risk
                                                    Background                                              Environmental Policy Act of 1969                      assessment 7 as part of its evaluation of
                                                       Under the authority of the plant pest                (NEPA), as amended (42 U.S.C. 4321 et                 the petition request under 7 CFR part
                                                    provisions of the Plant Protection Act                  seq.) to provide the Agency with a                    340 and also a white paper 8 to support
                                                    (PPA), as amended (7 U.S.C. 7701 et                     review and analysis of potential                      the preliminary risk assessment,
                                                    seq.), the regulations in 7 CFR part 340,               environmental impacts associated with                 providing a summary of the biology and
                                                    ‘‘Introduction of Organisms and                         the petition request. The third notice,3              ecology of creeping bentgrass. These
                                                    Products Altered or Produced Through                    published on November 18, 2004,                       documents were published in 2005 and
                                                    Genetic Engineering Which Are Plant                     reopened the comment period on the                    2006, respectively. The preliminary risk
                                                    Pests or Which There Is Reason to                       second notice and announced APHIS’                    assessment concluded that there is a
                                                    Believe Are Plant Pests,’’ regulate,                    intent to hold a public meeting to                    possibility that ASR368 or hybrids of
                                                    among other things, the introduction                    promote further public involvement in                 ASR368 could become established in
                                                    (importation, interstate movement, or                   the development of the EIS. On April                  various urban or rural and natural areas.
                                                    release into the environment) of                        11, 2005, a fourth notice 4 invited the               At the time the preliminary risk
                                                    organisms and products altered or                       public to attend public EIS scoping                   assessment was written, there were at
                                                    produced through genetic engineering                    sessions in May 2005 in Maryland and                  least 13 naturalized or native species
                                                    that are plant pests or that there is                   Oregon. The fifth notice,5 published on               with which creeping bentgrass could
                                                    reason to believe are plant pests. Such                 October 12, 2005, requested information               hybridize in the United States. The
                                                    genetically engineered organisms and                    from the public on glyphosate use and                 white paper presented biological and
                                                    products are considered ‘‘regulated                     weed management in nonagricultural                    ecological information on creeping
                                                    articles.’’                                             lands. The sixth notice 6 published on                bentgrass, including its distribution in
                                                       The regulations in 7 CFR 340.6(a)                    January 8, 2016, advised the public of                the United States and Canada, and the
                                                    provide that any person may submit a                    receipt of the current petition (15–300–              ability for it to form hybrids by natural
                                                    petition to the Animal and Plant Health                 01p) and solicited comment from the                   interspecific crosses or potentially do
                                                    Inspection Service (APHIS) of the U.S.                  public, including comments related to                 so. APHIS will further investigate in the
                                                    Department of Agriculture (USDA)                        the environmental impacts associated                  EIS whether or not there are any
                                                    seeking a determination that an article                 with the potential deregulation. APHIS                additional species that hybridize with
                                                    should not be regulated under 7 CFR                     received 168 comments during the 60-                  A. stolonifera and associated
                                                    part 340. Paragraphs (b) and (c) of                     day comment period from a variety of                  environmental impacts. APHIS will
                                                    § 340.6 describe the form that a petition               stakeholders. These comments can be                   review the 2005 preliminary risk
                                                    for a determination of nonregulated                     viewed on Regulations.gov (see                        assessment, updating it to reflect
                                                    status must take and the information                    ADDRESSES above). In total, more than                 changes in turfgrass science and the
                                                    that must be included in the petition.                  1,000 comments were submitted to                      current document standards of APHIS.
                                                       APHIS received a new petition from                   APHIS during the public comment                          To fulfill its section 7 requirements
                                                    The Scotts Company (Scotts) and                         periods and at the public meetings.                   under the Endangered Species Act,
                                                    Monsanto Company (Monsanto), APHIS                         Creeping bentgrass is a perennial                  APHIS entered into consultation with
                                                    Petition Number 15–300–01p, seeking a                   outcrossing species, thus major issues                the U.S. Fish and Wildlife Services
                                                    determination of nonregulated status for                raised by commenters focused on plant                 (USFWS) on the first petition (03–104–
                                                    creeping bentgrass (Agrostis stolonifera                biology and agronomic consequences of                 01p). Subsequent to the withdrawal of
                                                    L.) that is resistant to glyphosate,                    it outcrossing to weedy species that may              the petition in September 2015, APHIS
                                                    identified as event ASR368 or Roundup                   impact agriculture and/or natural                     notified the USFWS that it was
                                                    Ready® creeping bentgrass. The petition                 ecosystems. Issues raised specifically                terminating the consultation on the
                                                    states that this regulated article is                   included the distribution of seed and                 petition. Information provided during
                                                    unlikely to pose a plant pest risk and,                 pollen from creeping bentgrass,                       the comment period on this notice of
                                                    therefore, should not be a regulated                    hybridization with native or naturalized              intent (NOI) will be used to update
                                                    article under APHIS’ regulations in 7                   species, the need for additional                      APHIS’ assessment of the effects on
                                                    CFR part 340. These part 340                            chemicals to control glyphosate-                      threatened and endangered species and
                                                    regulations are authorized by the PPA to                resistant grass species that may develop              critical habitat (collectively referred to
                                                    prevent the introduction or                             due to hybridization with creeping                    as listed resources) and, as appropriate
                                                    dissemination of plant pests, and the                   bentgrass, increased weediness, the                   and required by statute, will be shared
                                                    decision on whether or not to approve                   ability of creeping bentgrass to establish            with the USFWS as part of APHIS’
                                                    the petition request will be based on                   without cultivation, potential impacts
                                                    this standard.                                                                                                commitment to protect listed resources.
                                                       A total of six notices have been                                                                           If APHIS enters into formal
                                                                                                            www.aphis.usda.gov/brs/fedregister/BRS_               consultation, the USFWS will make a
                                                    published in the Federal Register                       20040924a.pdf.
                                                    related to the current and previous                       3 Docket No. 03–101–3 published on November
                                                                                                                                                                  determination about whether
                                                    petition. The first notice,1 published on               18, 2004, Vol. 69 No. 222; http://                    nonregulated status of ASR368 will
                                                    January 5, 2004, advised the public of                  www.aphis.usda.gov/brs/fedregister/BRS_               jeopardize the continued existence of
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                    receipt of petition 03–104–01p and                      20041118a.pdf.                                        federally listed plant and animal
                                                                                                              4 Docket No. 03–101–4 published on April 11,
                                                    solicited comments from the public on                                                                         species.
                                                                                                            2005, Vol. 70 No. 68; http://www.aphis.usda.gov/
                                                    the petition. The second notice,2                       brs/fedregister/BRS_20050411a.pdf.
                                                                                                                                                                     Under NEPA, Federal agencies must
                                                                                                              5 Docket No. 03–101–5 published on October 12,      examine the potential environmental
                                                      1 Docket No. 03–101–1 published on January 5,         2005, Vol. 70 No. 196 http://www.aphis.usda.gov/
                                                    2004, Vol. 69 No. 2; http://www.aphis.usda.gov/brs/     brs/fedregister/BRS_20051012a.pdf.                      7 http://www.aphis.usda.gov/brs/aphisdocs/03_

                                                    fedregister/BRS_20040105a.pdf.                            6 Docket No. APHIS–2015–0096 published on           10401p_ra.pdf.
                                                      2 Docket No. 03–101–2 published on September          January 8, 2016, Vol. 81, No. 5 https://                8 http://www.aphis.usda.gov/peer_review/

                                                    24, 2004, Vol. 69 No. 185; http://                      www.regulations.gov/docket?D=APHIS-2015-0096.         downloads/cbg-wpFinal.pdf.



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                                                    51176                      Federal Register / Vol. 81, No. 149 / Wednesday, August 3, 2016 / Notices

                                                    impacts of proposed major Federal                       federally listed threatened or                          Comments that identify other issues
                                                    actions significantly affecting the                     endangered species; and on cultural or                or alternatives that should be
                                                    quality of the human environment                        historic resources. In addition to                    considered for examination in the EIS
                                                    before taking that action. In accordance                providing input and comment on these                  would be especially helpful. All
                                                    with NEPA, the regulations of the                       issues, we are also requesting that the               comments received during the scoping
                                                    Council on Environmental Quality for                    public provide information on the                     period will be carefully considered in
                                                    implementing the procedural provisions                  following questions during the comment                developing the final scope of the EIS.
                                                    of NEPA (40 CFR parts 1500–1508),                       period:                                               Upon completion of the draft EIS, a
                                                    USDA regulations implementing NEPA                                                                            notice announcing its availability and
                                                    (7 CFR part 1b), and APHIS’ NEPA                        Potential for Hybridization and
                                                                                                                                                                  an opportunity to comment on it will be
                                                    Implementing Procedures (7 CFR part                     Introgression
                                                                                                                                                                  published in the Federal Register.
                                                    372) require that for each submitted                      • What are the weed species in
                                                                                                                                                                    Authority: 7 U.S.C. 7701–7772 and 7781–
                                                    petition, APHIS consider the potential                  potential affected environments with                  7786; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and
                                                    environmental impacts of a request for                  which ASR368 may hybridize and                        371.3.
                                                    nonregulated status either by preparing                 introgress? What evidence is there that
                                                                                                                                                                    Done in Washington, DC, this 27th day of
                                                    an environmental assessment (EA) or an                  this would or could occur?
                                                                                                                                                                  July 2016.
                                                    EIS. APHIS has decided to prepare an                      • If introgression was to occur, would
                                                                                                            the inability to identify introgression of            Kevin Shea,
                                                    EIS to better understand the degree of
                                                    uncertainty for environmental impacts                   ASR368 lead to stand failures or                      Administrator, Animal and Plant Health
                                                                                                            increasing costs for production of grass              Inspection Service.
                                                    associated with the deregulation of
                                                    ASR368. This uncertainty is primarily                   seed crops when compared to non-                      [FR Doc. 2016–18421 Filed 8–2–16; 8:45 am]
                                                    related to four issues that will be                     genetically engineered (non-GE)                       BILLING CODE P
                                                    studied in the EIS: (1) Potential for                   creeping bentgrass? What evidence is
                                                    hybridization and introgression, (2)                    there that would support stand failure
                                                    management of volunteer ASR368, (3)                     or increased costs.                                   DEPARTMENT OF AGRICULTURE
                                                    potential effects on weed management
                                                                                                            Management of Volunteer ASR368                        Animal and Plant Health Inspection
                                                    practices, and (4) potential inter-related
                                                                                                               • Compared to non-GE creeping                      Service
                                                    trade and economic impacts. The EIS
                                                    will examine the broad and cumulative                   bentgrass and other grasses, would                    [Docket No. APHIS–2016–0046]
                                                    environmental impacts of the requested                  deregulation of ASR368 result in its
                                                    deregulation of ASR368, including                       establishment and persistence in                      Secretary’s Advisory Committee on
                                                    potential impacts of the proposed action                situations where it is unwanted,                      Animal Health; Intent To Renew
                                                    on the human environment and                            unintended, or unexpected (e.g.,                      AGENCY:  Animal and Plant Health
                                                    alternative courses of action.                          agricultural irrigation canals, habitat               Inspection Service, USDA.
                                                                                                            restoration, riparian areas, wetlands, or
                                                    Alternatives                                                                                                  ACTION: Notice of intent.
                                                                                                            grasslands)?
                                                       The Federal action being considered                     • When compared to non-GE creeping                 SUMMARY:   We are giving notice that the
                                                    is whether to approve the petition for                  bentgrass, could the spread of ASR368                 Secretary of Agriculture intends to
                                                    nonregulated status of ASR368. This                     or its relatives to areas where it is                 renew the charter for the Secretary’s
                                                    notice identifies reasonable alternatives               unwanted, unintended, or unexpected                   Advisory Committee on Animal Health
                                                    and potential issues that may be studied                potentially result in adverse effects on              for a 2-year period. The Secretary has
                                                    in the EIS. We are requesting public                    native species or habitats, including                 determined that the Committee is
                                                    input and comment on the range of                       threatened and endangered species and                 necessary and in the public interest.
                                                    alternatives, and on the environmental                  their habitats? What supporting
                                                                                                                                                                  FOR FURTHER INFORMATION CONTACT: Dr.
                                                    impacts and issues stated in this NOI as                information is available to conclude an
                                                    well as suggestions for additional                                                                            Diane L. Sutton, Designated Federal
                                                                                                            adverse effect?
                                                    alternatives for consideration and new                                                                        Officer, VS, APHIS, 4700 River Road
                                                    impacts or issues to be evaluated in the                Potential Effects on Weed Management                  Unit 43, Riverdale, MD 20737; (301)
                                                    EIS for the petition.                                   Practices                                             851–3509.
                                                       The EIS will consider a range of                        • Would the presence of volunteer                  SUPPLEMENTARY INFORMATION: Pursuant
                                                    reasonable alternatives. APHIS is                       ASR368 increase the costs and                         to the Federal Advisory Committee Act
                                                    currently considering two alternatives:                 complexity of weed control for growers                (FACA, 5 U.S.C. App.), notice is hereby
                                                    (1) Take no action, i.e., APHIS would                   of non-GE creeping bentgrass and other                given that the Secretary of Agriculture
                                                    not change the regulatory status of the                 crops? What evidence is there to                      intends to renew the Secretary’s
                                                    glyphosate-resistant creeping bentgrass                 support this conclusion?                              Advisory Committee on Animal Health
                                                    event ASR368 and such plants would                         • What potential changes of                        (the Committee) for 2 years. The term
                                                    continue to be regulated articles, or (2)               agronomic practices may occur as a                    for the renewed charter will extend from
                                                    approve the petition for determination                  result of the presence of ASR368                      August 8, 2016, to August 7, 2018.
                                                    of nonregulated status of ASR368.                       agricultural crops, including crop                       The Committee advises the Secretary
                                                                                                            rotation practices, herbicide use, and                on strategies, policies, and programs to
                                                    Environmental Issues for Consideration                                                                        prevent, control, or eradicate animal
asabaliauskas on DSK3SPTVN1PROD with NOTICES




                                                                                                            tillage?
                                                      We have identified the following                                                                            diseases. The Committee considers
                                                    potential environmental issues for                      Potential Trade and Economic Impacts                  agricultural initiatives of national scope
                                                    consideration in the EIS: Impacts on                      • What potential impacts on GE-free                 and significance and advises on matters
                                                    managed natural and non-agricultural                    grass seed exports could result from the              of public health, conservation of
                                                    lands; on agricultural production                       presence of ASR368?                                   national resources, stability of livestock
                                                    systems; on the physical environment;                     • What potential impacts on                         economies, livestock disease
                                                    on biological resources; on human                       conventional and organic crops could                  management and traceability strategies,
                                                    health; on socioeconomic issues; on                     result from the presence of ARS368?                   prioritizing animal health imperatives,


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Document Created: 2016-08-02 23:43:50
Document Modified: 2016-08-02 23:43:50
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice.
DatesWe will consider all comments that we receive on or before September 2, 2016.
ContactDr. Sidney Abel, Assistant Deputy Administrator, Biotechnology Regulatory Services, APHIS, 4700 River Road, Unit 147, Riverdale, MD 20737-1238; (301) 851-3896, email: [email protected] To obtain copies of the petition, contact Ms. Cindy Eck at (301) 851-3882, email: [email protected]
FR Citation81 FR 51174 

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