81_FR_65807 81 FR 65622 - J.R. Simplot Company; Availability of Preliminary Finding of No Significant Impact, Preliminary Plant Pest Risk Similarity Assessment, and Preliminary Determination for an Extension of a Determination of Nonregulated Status for X17 and Y9 Potato Varieties

81 FR 65622 - J.R. Simplot Company; Availability of Preliminary Finding of No Significant Impact, Preliminary Plant Pest Risk Similarity Assessment, and Preliminary Determination for an Extension of a Determination of Nonregulated Status for X17 and Y9 Potato Varieties

DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service

Federal Register Volume 81, Issue 185 (September 23, 2016)

Page Range65622-65623
FR Document2016-22928

We are advising the public that the Animal and Plant Health Inspection Service has reached a preliminary decision to extend our determination of nonregulated status of J.R. Simplot Company's (Simplot) Innate<SUP>TM</SUP> Potato designated as Russet Burbank event W8 (the antecedent potato event) to Simplot's Ranger Russet variety (X17) and Atlantic variety (Y9) potatoes. Simplot's X17 and Y9 potatoes have been genetically engineered for late blight resistance, low acrylamide potential, lowered reducing sugars, and reduced black spot using the same genetic constructs used to transform the antecedent potato event. We are making available for public comment our preliminary determination, preliminary plant pest risk similarity assessment, and preliminary finding of no significant impact for the proposed determination of nonregulated status.

Federal Register, Volume 81 Issue 185 (Friday, September 23, 2016)
[Federal Register Volume 81, Number 185 (Friday, September 23, 2016)]
[Notices]
[Pages 65622-65623]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-22928]


========================================================================
Notices
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains documents other than rules 
or proposed rules that are applicable to the public. Notices of hearings 
and investigations, committee meetings, agency decisions and rulings, 
delegations of authority, filing of petitions and applications and agency 
statements of organization and functions are examples of documents 
appearing in this section.

========================================================================


Federal Register / Vol. 81, No. 185 / Friday, September 23, 2016 / 
Notices

[[Page 65622]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2016-0057]


J.R. Simplot Company; Availability of Preliminary Finding of No 
Significant Impact, Preliminary Plant Pest Risk Similarity Assessment, 
and Preliminary Determination for an Extension of a Determination of 
Nonregulated Status for X17 and Y9 Potato Varieties

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: We are advising the public that the Animal and Plant Health 
Inspection Service has reached a preliminary decision to extend our 
determination of nonregulated status of J.R. Simplot Company's 
(Simplot) InnateTM Potato designated as Russet Burbank event 
W8 (the antecedent potato event) to Simplot's Ranger Russet variety 
(X17) and Atlantic variety (Y9) potatoes. Simplot's X17 and Y9 potatoes 
have been genetically engineered for late blight resistance, low 
acrylamide potential, lowered reducing sugars, and reduced black spot 
using the same genetic constructs used to transform the antecedent 
potato event. We are making available for public comment our 
preliminary determination, preliminary plant pest risk similarity 
assessment, and preliminary finding of no significant impact for the 
proposed determination of nonregulated status.

DATES: We will consider all comments that we receive on or before 
October 24, 2016.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=APHIS-2016-0057.
     Postal Mail/Commercial Delivery: Send your comment to 
Docket No. APHIS-2016-0057, Regulatory Analysis and Development, PPD, 
APHIS, Station 3A-03.8, 4700 River Road, Unit 118, Riverdale, MD 20737-
1238.
    The J.R. Simplot Company extension request, our preliminary 
determination, preliminary plant pest risk similarity assessment, 
preliminary finding of no significant impact, and any comments we 
receive on this docket may be viewed at http://www.regulations.gov/#!docketDetail;D=APHIS-2016-0057 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.
    Supporting documents and any comments we received regarding our 
determination of nonregulated status of the antecedent organism (potato 
event W8) can be found at http://www.regulations.gov/#!docketDetail;D=APHIS-2014-0076. Supporting documents may also be 
found on the APHIS Web site for X17 and Y9 (the organisms under 
evaluation) under APHIS Petition Number 16-064-01p, and the antecedent 
organism (potato event W8) under APHIS Petition Number 14-093-01p.

FOR FURTHER INFORMATION CONTACT: Dr. John Turner, Director, 
Biotechnology Risk Analysis Programs, Biotechnology Regulatory 
Services, APHIS, 4700 River Road, Unit 147, Riverdale, MD 20737-1236; 
(301) 851-3954, email: [email protected]. To obtain copies 
of the supporting documents, contact Ms. Cindy Eck at (301) 851-3885, 
email: [email protected].

SUPPLEMENTARY INFORMATION: Under the authority of the plant pest 
provisions of the Plant Protection Act (PPA) (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 Sec.  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. Further, the regulations in Sec.  340.6(e)(2) 
provide that a person may request that APHIS extend a determination of 
nonregulated status to other organisms. Such a request must include 
information to establish the similarity of the antecedent organism and 
the regulated article in question.
    In a notice \1\ published in the Federal Register on September 2, 
2015 (80 FR 53101-53102, Docket No. APHIS-2014-0076), APHIS announced 
our determination of nonregulated status of the J.R. Simplot Company's 
(Simplot) InnateTM Potato designated as Russet Burbank event 
W8, which has been genetically engineered for late blight resistance, 
low acrylamide potential, reduced black spot bruising, and lowered 
reducing sugars. APHIS has received a request from Simplot for an 
extension of that determination of nonregulated status to its Ranger 
Russet variety (X17) and Atlantic variety (Y9) potatoes (APHIS Petition 
Number 16-064-01p). In the extension request, Simplot named the 
previously deregulated W8 potato event as the antecedent organism. Like 
the antecedent, X17 and Y9 are genetically engineered for late blight 
resistance, low acrylamide potential, reduced black spot bruising, and 
lowered reducing sugars. In its request, Simplot stated that X17 and Y9 
potatoes were produced by using the same genetic construct that was 
used to transform the antecedent potato and, based on the similarity, 
is unlikely to pose a plant pest risk. Therefore, the request stated 
that X17 and Y9 potatoes should not be regulated articles under APHIS' 
regulations in 7 CFR part 340.
---------------------------------------------------------------------------

    \1\ To view the notice, our determination, supporting documents, 
and the comments we have received, go to http://www.regulations.gov/#!docketDetail;D=APHIS=2014=0076.
---------------------------------------------------------------------------

    As part of our decisionmaking process regarding a genetically 
engineered organism's regulatory status, APHIS evaluates the plant pest 
risk of the regulated article. In section 403 of the

[[Page 65623]]

PPA, ``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 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.
    As described in the extension request, X17 and Y9 potatoes have 
been genetically engineered through the insertion of genetic elements 
from plant pest organisms listed in 7 CFR 340.2. APHIS previously 
completed a plant pest risk assessment (PPRA) associated with the 
insertion of these same genetic elements into potatoes during the 
review of the antecedent variety, InnateTM Russet Burbank 
event W8 potato, and concluded that the resulting organisms did not 
pose a plant pest risk.
    X17 and Y9 potatoes express the same resistance for late blight 
resistance, low acrylamide potential, reduced black spot bruising, and 
lowered reducing sugars as the antecedent potato. APHIS prepared a 
plant pest risk similarity assessment (PPRSA) to compare X17 and Y9 
potatoes to the antecedent. As described in the PPRSA, X17 and Y9 
potatoes were obtained by introducing the same construct used to 
produce InnateTM Russet Burbank event W8 into the Ranger 
Russet variety (X17) and Atlantic variety (Y9). Based on our PPRA for 
the antecedent and the similarity between X17 and Y9 potatoes and the 
antecedent based on the PPRSA, APHIS has concluded that X17 and Y9 
potatoes are unlikely to pose a plant pest risk.
    The environmental assessment (EA) for the antecedent organism was 
prepared using data submitted by Simplot, a review of other scientific 
data, and field tests conducted under APHIS oversight. The EA was 
prepared to provide the APHIS decisionmaker with a review and analysis 
of any potential environmental impacts associated with the proposed 
determination of nonregulated status of the antecedent potato. 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 similarity of X17 and Y9 potatoes to the antecedent 
potato, APHIS has prepared a preliminary finding of no significant 
impact (FONSI) on X17 and Y9 potatoes using the EA prepared for W8 
potato. APHIS considered the following alternatives: (1) Take no 
action, i.e., APHIS would not change the regulatory status of X17 or Y9 
potatoes and it would continue to be a regulated article, or (2) make a 
determination of nonregulated status of X17 and Y9 potatoes. APHIS' 
preferred alternative is to make a determination of nonregulated status 
of X17 and Y9 potatoes.
    APHIS has carefully examined the existing NEPA documentation 
completed for W8 potato and has concluded that Simplot's request to 
extend a determination of nonregulated status to X17 and Y9 potatoes 
encompasses the same scope of environmental analysis as the antecedent 
potato.
    Based on APHIS' analysis of information submitted by Simplot, 
references provided in the extension request, peer-reviewed 
publications, information analyzed in the EA, and the similarity of X17 
and Y9 potatoes to the antecedent organisms, APHIS has determined that 
X17 and Y9 potatoes are unlikely to pose a plant pest risk. We have, 
therefore, reached a preliminary decision to approve the request to 
extend the determination of nonregulated status of W8 potato to X17 and 
Y9 potatoes, whereby X17 and Y9 potatoes would no longer be subject to 
our regulations governing the introduction of certain genetically 
engineered organisms.
    Paragraph (e) of Sec.  340.6 provides that APHIS will publish a 
notice in the Federal Register announcing all preliminary decisions to 
extend determinations of nonregulated status for 30 days before the 
decisions become final and effective. In accordance with Sec.  340.6(e) 
of the regulations, we are publishing this notice to inform the public 
of our preliminary decision to extend the determination of nonregulated 
status of the antecedent potato to X17 and Y9 potatoes.
    APHIS will accept written comments on its preliminary determination 
and the preliminary FONSI regarding a determination of nonregulated 
status of X17 and Y9 potatoes for a period of 30 days from the date 
this notice is published in the Federal Register. The preliminary 
FONSI, as well as the extension request, supporting documents, and our 
preliminary determination for X17 and Y9 potatoes, are available for 
public review as indicated under ADDRESSES and FOR FURTHER INFORMATION 
CONTACT above. Copies of these documents may also be obtained by 
contacting the person listed under FOR FURTHER INFORMATION CONTACT.
    After the comment period closes, APHIS will review all written 
comments received during the comment period and any other relevant 
information. All comments will be available for public review. After 
reviewing and evaluating the comments, if APHIS determines that no new 
information has been received that would warrant APHIS altering its 
preliminary regulatory determination or FONSI, our preliminary 
regulatory determination will become final and effective upon 
notification of the public through an announcement on our Web site at 
http://www.aphis.usda.gov/biotechnology/petitions_table_pending.shtml.
    APHIS will also furnish a response to the petitioner regarding our 
final regulatory determination. No further Federal Register notice will 
be published announcing the final regulatory determination regarding 
X17 and Y9 potatoes.

    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 19th day of September 2016.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2016-22928 Filed 9-22-16; 8:45 am]
 BILLING CODE 3410-34-P



                                                65622

                                                Notices                                                                                                       Federal Register
                                                                                                                                                              Vol. 81, No. 185

                                                                                                                                                              Friday, September 23, 2016



                                                This section of the FEDERAL REGISTER                    APHIS–2016–0057, Regulatory Analysis                  there is reason to believe are plant pests.
                                                contains documents other than rules or                  and Development, PPD, APHIS, Station                  Such genetically engineered organisms
                                                proposed rules that are applicable to the               3A–03.8, 4700 River Road, Unit 118,                   and products are considered ‘‘regulated
                                                public. Notices of hearings and investigations,         Riverdale, MD 20737–1238.                             articles.’’
                                                committee meetings, agency decisions and                   The J.R. Simplot Company extension                   The regulations in § 340.6(a) provide
                                                rulings, delegations of authority, filing of            request, our preliminary determination,               that any person may submit a petition
                                                petitions and applications and agency
                                                statements of organization and functions are
                                                                                                        preliminary plant pest risk similarity                to the Animal and Plant Health
                                                examples of documents appearing in this                 assessment, preliminary finding of no                 Inspection Service (APHIS) seeking a
                                                section.                                                significant impact, and any comments                  determination that an article should not
                                                                                                        we receive on this docket may be                      be regulated under 7 CFR part 340.
                                                                                                        viewed at http://www.regulations.gov/                 Further, the regulations in § 340.6(e)(2)
                                                DEPARTMENT OF AGRICULTURE                               #!docketDetail;D=APHIS-2016-0057 or                   provide that a person may request that
                                                                                                        in our reading room, which is located in              APHIS extend a determination of
                                                Animal and Plant Health Inspection                      Room 1141 of the USDA South                           nonregulated status to other organisms.
                                                Service                                                 Building, 14th Street and Independence                Such a request must include
                                                [Docket No. APHIS–2016–0057]
                                                                                                        Avenue SW., Washington, DC. Normal                    information to establish the similarity of
                                                                                                        reading room hours are 8 a.m. to 4:30                 the antecedent organism and the
                                                J.R. Simplot Company; Availability of                   p.m., Monday through Friday, except                   regulated article in question.
                                                Preliminary Finding of No Significant                   holidays. To be sure someone is there to                In a notice 1 published in the Federal
                                                Impact, Preliminary Plant Pest Risk                     help you, please call (202) 799–7039                  Register on September 2, 2015 (80 FR
                                                Similarity Assessment, and                              before coming.                                        53101–53102, Docket No. APHIS–2014–
                                                Preliminary Determination for an                           Supporting documents and any                       0076), APHIS announced our
                                                Extension of a Determination of                         comments we received regarding our                    determination of nonregulated status of
                                                Nonregulated Status for X17 and Y9                      determination of nonregulated status of               the J.R. Simplot Company’s (Simplot)
                                                Potato Varieties                                        the antecedent organism (potato event                 InnateTM Potato designated as Russet
                                                                                                        W8) can be found at http://                           Burbank event W8, which has been
                                                AGENCY:  Animal and Plant Health                        www.regulations.gov/                                  genetically engineered for late blight
                                                Inspection Service, USDA.                               #!docketDetail;D=APHIS-2014-0076.                     resistance, low acrylamide potential,
                                                ACTION: Notice.                                         Supporting documents may also be                      reduced black spot bruising, and
                                                                                                        found on the APHIS Web site for X17                   lowered reducing sugars. APHIS has
                                                SUMMARY:   We are advising the public                   and Y9 (the organisms under
                                                that the Animal and Plant Health                                                                              received a request from Simplot for an
                                                                                                        evaluation) under APHIS Petition                      extension of that determination of
                                                Inspection Service has reached a                        Number 16–064–01p, and the
                                                preliminary decision to extend our                                                                            nonregulated status to its Ranger Russet
                                                                                                        antecedent organism (potato event W8)                 variety (X17) and Atlantic variety (Y9)
                                                determination of nonregulated status of                 under APHIS Petition Number 14–093–
                                                J.R. Simplot Company’s (Simplot)                                                                              potatoes (APHIS Petition Number 16–
                                                                                                        01p.                                                  064–01p). In the extension request,
                                                InnateTM Potato designated as Russet
                                                                                                        FOR FURTHER INFORMATION CONTACT: Dr.                  Simplot named the previously
                                                Burbank event W8 (the antecedent
                                                potato event) to Simplot’s Ranger Russet                John Turner, Director, Biotechnology                  deregulated W8 potato event as the
                                                variety (X17) and Atlantic variety (Y9)                 Risk Analysis Programs, Biotechnology                 antecedent organism. Like the
                                                potatoes. Simplot’s X17 and Y9 potatoes                 Regulatory Services, APHIS, 4700 River                antecedent, X17 and Y9 are genetically
                                                have been genetically engineered for                    Road, Unit 147, Riverdale, MD 20737–                  engineered for late blight resistance, low
                                                late blight resistance, low acrylamide                  1236; (301) 851–3954, email:                          acrylamide potential, reduced black
                                                potential, lowered reducing sugars, and                 john.t.turner@aphis.usda.gov. To obtain               spot bruising, and lowered reducing
                                                reduced black spot using the same                       copies of the supporting documents,                   sugars. In its request, Simplot stated that
                                                genetic constructs used to transform the                contact Ms. Cindy Eck at (301) 851–                   X17 and Y9 potatoes were produced by
                                                antecedent potato event. We are making                  3885, email: cynthia.a.eck@                           using the same genetic construct that
                                                available for public comment our                        aphis.usda.gov.                                       was used to transform the antecedent
                                                preliminary determination, preliminary                  SUPPLEMENTARY INFORMATION: Under the                  potato and, based on the similarity, is
                                                plant pest risk similarity assessment,                  authority of the plant pest provisions of             unlikely to pose a plant pest risk.
                                                and preliminary finding of no                           the Plant Protection Act (PPA) (7 U.S.C.              Therefore, the request stated that X17
                                                significant impact for the proposed                     7701 et seq.), the regulations in 7 CFR               and Y9 potatoes should not be regulated
                                                determination of nonregulated status.                   part 340, ‘‘Introduction of Organisms                 articles under APHIS’ regulations in 7
                                                DATES: We will consider all comments                    and Products Altered or Produced                      CFR part 340.
                                                that we receive on or before October 24,                Through Genetic Engineering Which                       As part of our decisionmaking process
                                                                                                        Are Plant Pests or Which There Is                     regarding a genetically engineered
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                                                2016.
                                                                                                        Reason to Believe Are Plant Pests,’’                  organism’s regulatory status, APHIS
                                                ADDRESSES: You may submit comments
                                                                                                        regulate, among other things, the                     evaluates the plant pest risk of the
                                                by either of the following methods:
                                                   • Federal eRulemaking Portal: Go to                  introduction (importation, interstate                 regulated article. In section 403 of the
                                                http://www.regulations.gov/                             movement, or release into the                           1 To view the notice, our determination,
                                                #!docketDetail;D=APHIS-2016-0057.                       environment) of organisms and products                supporting documents, and the comments we have
                                                   • Postal Mail/Commercial Delivery:                   altered or produced through genetic                   received, go to http://www.regulations.gov/
                                                Send your comment to Docket No.                         engineering that are plant pests or that              #!docketDetail;D=APHIS=2014=0076.



                                           VerDate Sep<11>2014   18:22 Sep 22, 2016   Jkt 238001   PO 00000   Frm 00001   Fmt 4703   Sfmt 4703   E:\FR\FM\23SEN1.SGM   23SEN1


                                                                            Federal Register / Vol. 81, No. 185 / Friday, September 23, 2016 / Notices                                                65623

                                                PPA, ‘‘plant pest’’ is defined as any                   finding of no significant impact (FONSI)              under FOR FURTHER INFORMATION
                                                living stage of any of the following that               on X17 and Y9 potatoes using the EA                   CONTACT.
                                                can directly or indirectly injure, cause                prepared for W8 potato. APHIS                            After the comment period closes,
                                                damage to, or cause disease in any plant                considered the following alternatives:                APHIS will review all written comments
                                                product: A protozoan, a nonhuman                        (1) Take no action, i.e., APHIS would                 received during the comment period
                                                animal, a parasitic plant, a bacterium, a               not change the regulatory status of X17               and any other relevant information. All
                                                fungus, a virus or viroid, an infectious                or Y9 potatoes and it would continue to               comments will be available for public
                                                agent or other pathogen, or any article                 be a regulated article, or (2) make a                 review. After reviewing and evaluating
                                                similar to or allied with any of the                    determination of nonregulated status of               the comments, if APHIS determines that
                                                foregoing.                                              X17 and Y9 potatoes. APHIS’ preferred                 no new information has been received
                                                   As described in the extension request,               alternative is to make a determination of             that would warrant APHIS altering its
                                                X17 and Y9 potatoes have been                           nonregulated status of X17 and Y9                     preliminary regulatory determination or
                                                genetically engineered through the                      potatoes.                                             FONSI, our preliminary regulatory
                                                insertion of genetic elements from plant                   APHIS has carefully examined the                   determination will become final and
                                                pest organisms listed in 7 CFR 340.2.                   existing NEPA documentation                           effective upon notification of the public
                                                APHIS previously completed a plant                      completed for W8 potato and has                       through an announcement on our Web
                                                pest risk assessment (PPRA) associated                  concluded that Simplot’s request to                   site at http://www.aphis.usda.gov/
                                                with the insertion of these same genetic                extend a determination of nonregulated                biotechnology/petitions_table_
                                                elements into potatoes during the                       status to X17 and Y9 potatoes                         pending.shtml.
                                                review of the antecedent variety,                       encompasses the same scope of                            APHIS will also furnish a response to
                                                InnateTM Russet Burbank event W8                        environmental analysis as the                         the petitioner regarding our final
                                                potato, and concluded that the resulting                antecedent potato.                                    regulatory determination. No further
                                                organisms did not pose a plant pest risk.                  Based on APHIS’ analysis of                        Federal Register notice will be
                                                   X17 and Y9 potatoes express the same                 information submitted by Simplot,                     published announcing the final
                                                resistance for late blight resistance, low              references provided in the extension                  regulatory determination regarding X17
                                                acrylamide potential, reduced black                     request, peer-reviewed publications,                  and Y9 potatoes.
                                                spot bruising, and lowered reducing                     information analyzed in the EA, and the
                                                                                                                                                                Authority: 7 U.S.C. 7701–7772 and 7781–
                                                sugars as the antecedent potato. APHIS                  similarity of X17 and Y9 potatoes to the              7786; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and
                                                prepared a plant pest risk similarity                   antecedent organisms, APHIS has                       371.3.
                                                assessment (PPRSA) to compare X17                       determined that X17 and Y9 potatoes
                                                                                                                                                                Done in Washington, DC, this 19th day of
                                                and Y9 potatoes to the antecedent. As                   are unlikely to pose a plant pest risk.               September 2016.
                                                described in the PPRSA, X17 and Y9                      We have, therefore, reached a
                                                                                                                                                              Kevin Shea,
                                                potatoes were obtained by introducing                   preliminary decision to approve the
                                                the same construct used to produce                      request to extend the determination of                Administrator, Animal and Plant Health
                                                                                                                                                              Inspection Service.
                                                InnateTM Russet Burbank event W8 into                   nonregulated status of W8 potato to X17
                                                                                                        and Y9 potatoes, whereby X17 and Y9                   [FR Doc. 2016–22928 Filed 9–22–16; 8:45 am]
                                                the Ranger Russet variety (X17) and
                                                Atlantic variety (Y9). Based on our                     potatoes would no longer be subject to                BILLING CODE 3410–34–P

                                                PPRA for the antecedent and the                         our regulations governing the
                                                similarity between X17 and Y9 potatoes                  introduction of certain genetically
                                                and the antecedent based on the PPRSA,                  engineered organisms.                                 DEPARTMENT OF AGRICULTURE
                                                APHIS has concluded that X17 and Y9                        Paragraph (e) of § 340.6 provides that             Forest Service
                                                potatoes are unlikely to pose a plant                   APHIS will publish a notice in the
                                                pest risk.                                              Federal Register announcing all                       Dalton Mountain Forest Restoration
                                                   The environmental assessment (EA)                    preliminary decisions to extend                       and Fuels Reduction EIS—Helena-
                                                for the antecedent organism was                         determinations of nonregulated status                 Lewis and Clark National Forest, Lewis
                                                prepared using data submitted by                        for 30 days before the decisions become               and Clark County, Montana
                                                Simplot, a review of other scientific                   final and effective. In accordance with
                                                data, and field tests conducted under                   § 340.6(e) of the regulations, we are                 AGENCY:  Forest Service, USDA.
                                                APHIS oversight. The EA was prepared                    publishing this notice to inform the                  ACTION: Withdrawal of Notice of Intent
                                                to provide the APHIS decisionmaker                      public of our preliminary decision to                 to prepare an Environmental Impact
                                                with a review and analysis of any                       extend the determination of                           Statement.
                                                potential environmental impacts                         nonregulated status of the antecedent
                                                associated with the proposed                            potato to X17 and Y9 potatoes.                        SUMMARY:   The USDA Forest Service is
                                                determination of nonregulated status of                    APHIS will accept written comments                 withdrawing the Notice of Intent to
                                                the antecedent potato. The EA was                       on its preliminary determination and                  prepare an Environmental Impact
                                                prepared in accordance with (1) the                     the preliminary FONSI regarding a                     Statement for the Dalton Mountain
                                                National Environmental Policy Act of                    determination of nonregulated status of               Forest Restoration and Fuels Reduction
                                                1969 (NEPA), as amended (42 U.S.C.                      X17 and Y9 potatoes for a period of 30                project on the Lincoln Ranger District of
                                                4321 et seq.); (2) regulations of the                   days from the date this notice is                     the Helena-Lewis and Clark National
                                                Council on Environmental Quality for                    published in the Federal Register. The                Forest. A Notice of Intent to prepare an
                                                implementing the procedural provisions                  preliminary FONSI, as well as the                     Environmental Impact Statement was
                                                                                                        extension request, supporting                         published in the Federal Register on
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                                                of NEPA (40 CFR parts 1500–1508); (3)
                                                USDA regulations implementing NEPA                      documents, and our preliminary                        November 16, 2011 (pages 70955–
                                                (7 CFR part 1b); and (4) APHIS’ NEPA                    determination for X17 and Y9 potatoes,                70956)
                                                Implementing Procedures (7 CFR part                     are available for public review as                    FOR FURTHER INFORMATION CONTACT:
                                                372).                                                   indicated under ADDRESSES and FOR                     Jennifer Woods, Helena-Lewis and Clark
                                                   Based on the similarity of X17 and Y9                FURTHER INFORMATION CONTACT above.                    National Forest, 1220 38th Street North,
                                                potatoes to the antecedent potato,                      Copies of these documents may also be                 Great Falls, Montana 59405, (406) 791–
                                                APHIS has prepared a preliminary                        obtained by contacting the person listed              7765.


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Document Created: 2016-09-23 01:43:33
Document Modified: 2016-09-23 01:43:33
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 October 24, 2016.
ContactDr. John Turner, Director, Biotechnology Risk Analysis Programs, Biotechnology Regulatory Services, APHIS, 4700 River Road, Unit 147, Riverdale, MD 20737-1236; (301) 851-3954, email: [email protected] To obtain copies of the supporting documents, contact Ms. Cindy Eck at (301) 851-3885, email: [email protected]
FR Citation81 FR 65622 

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