81 FR 902 - The Scotts Co. and Monsanto Co.; Availability of Petition for Determination of Nonregulated Status of Creeping Bentgrass Genetically Engineered for Resistance to Glyphosate

DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service

Federal Register Volume 81, Issue 5 (January 8, 2016)

Page Range		902-903
FR Document		2016-00160

We are advising the public that the Animal and Plant Health Inspection Service has received a petition from the Scotts Company and Monsanto Company seeking a determination of nonregulated status of creeping bentgrass designated as event ASR368, which has been genetically engineered for resistance to the herbicide glyphosate. The petition has been submitted in accordance with our regulations concerning the introduction of certain genetically engineered organisms and products. We are making the Scotts Company and Monsanto Company petition available for review and comment to help us identify potential environmental and interrelated economic issues and impacts that the Animal and Plant Health Inspection Service may determine should be considered in our evaluation of the petition.

Federal Register, Volume 81 Issue 5 (Friday, January 8, 2016)

[Federal Register Volume 81, Number 5 (Friday, January 8, 2016)]
[Notices]
[Pages 902-903]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-00160]


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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.

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Federal Register / Vol. 81, No. 5 / Friday, January 8, 2016 / 
Notices

[[Page 902]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2015-0096]


The Scotts Co. and Monsanto Co.; Availability of Petition for 
Determination of Nonregulated Status of Creeping Bentgrass Genetically 
Engineered for Resistance to Glyphosate

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice.

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SUMMARY: We are advising the public that the Animal and Plant Health 
Inspection Service has received a petition from the Scotts Company and 
Monsanto Company seeking a determination of nonregulated status of 
creeping bentgrass designated as event ASR368, which has been 
genetically engineered for resistance to the herbicide glyphosate. The 
petition has been submitted in accordance with our regulations 
concerning the introduction of certain genetically engineered organisms 
and products. We are making the Scotts Company and Monsanto Company 
petition available for review and comment to help us identify potential 
environmental and interrelated economic issues and impacts that the 
Animal and Plant Health Inspection Service may determine should be 
considered in our evaluation of the petition.

DATES: We will consider all comments that we receive on or before March 
8, 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.
    The petition is also available on the APHIS Web site at: http://www.aphis.usda.gov/biotechnology/petitions_table_pending.shtml under 
APHIS petition 15-300-01p.

FOR FURTHER INFORMATION CONTACT: Dr. John Turner, Director, 
Environmental 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 petition, contact Ms. Cindy Eck at (301) 851-3892, email: 
[email protected].

SUPPLEMENTARY INFORMATION: Under the authority of the plant pest 
provisions of the Plant Protection Act (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 (GE) 
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. 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 has received a petition (APHIS Petition Number 15-300-01p) 
from the Scotts Company of Marysville, OH, and Monsanto Company of St. 
Louis, MO (Scotts/Monsanto), seeking a determination of nonregulated 
status of creeping bentgrass (Agrostis stolonifera L.) designated as 
event ASR368, which has been genetically engineered for resistance to 
the herbicide glyphosate. The Scotts/Monsanto petition states that 
information collected during field trials and laboratory analyses 
indicates that ASR368 bentgrass is not likely to be a plant pest and 
therefore should not be a regulated article under APHIS' regulations in 
7 CFR part 340.
    As described in the petition, ASR368 bentgrass contains the cp4 
epsps gene from Agrobacterium sp. strain CP4 that confers resistance to 
the herbicide glyphosate. ASR368 bentgrass is currently regulated under 
7 CFR part 340. Interstate movements and field tests of ASR368 
bentgrass have been conducted under notifications acknowledged by 
APHIS.
    Field tests conducted under APHIS oversight allowed for evaluation 
in a natural agricultural setting while imposing measures to minimize 
the risk of persistence in the environment after completion of the 
tests. Data are gathered on multiple parameters and used by the 
applicant to evaluate agronomic characteristics and product 
performance. These and other data are used by APHIS to determine if the 
new variety poses a plant pest risk.
    Paragraph (d) of Sec.  340.6 provides that APHIS will publish a 
notice in the Federal Register providing 60 days for public comment for 
petitions for a determination of nonregulated status. On March 6, 2012, 
we published in the Federal Register (77 FR 13258-13260, Docket No. 
APHIS-2011-0129) a notice \1\ describing our process for soliciting 
public comment when considering petitions for determinations of 
nonregulated status for GE organisms. In that notice we indicated that 
APHIS would accept written comments regarding a petition once APHIS 
deemed it complete.
---------------------------------------------------------------------------

    \1\ To view the notice, go to http://www.regulations.gov/#!docketDetail;D=APHIS-2011-0129.
---------------------------------------------------------------------------

    In accordance with Sec.  340.6(d) of the regulations and our 
process for soliciting public input when considering petitions for 
determinations

[[Page 903]]

of nonregulated status for GE organisms, we are publishing this notice 
to inform the public that APHIS will accept written comments regarding 
the petition for a determination of nonregulated status from interested 
or affected persons for a period of 60 days from the date of this 
notice. The petition is available for public review and comment, and 
copies are available as indicated under ADDRESSES and FOR FURTHER 
INFORMATION CONTACT above. We are interested in receiving comments 
regarding potential environmental and interrelated economic issues and 
impacts that APHIS may determine should be considered in our evaluation 
of the petition. We are particularly interested in receiving comments 
regarding biological, cultural, or ecological issues, and we encourage 
the submission of scientific data, studies, or research to support your 
comments. We also request that, when possible, commenters provide 
relevant information regarding specific localities or regions as 
creeping bentgrass growth, crop management, and crop utilization may 
vary considerably by geographic region.
    After the comment period closes, APHIS will review all written 
comments received during the comment period and any other relevant 
information. Any substantive issues identified by APHIS based on our 
review of the petition and our evaluation and analysis of comments will 
be considered in the development of our decisionmaking documents. As 
part of our decisionmaking process regarding a GE organism's regulatory 
status, APHIS prepares a plant pest risk assessment to assess its plant 
pest risk and the appropriate environmental documentation--either an 
environmental assessment (EA) or an environmental impact statement 
(EIS)--in accordance with the National Environmental Policy Act (NEPA), 
to provide the Agency with a review and analysis of any potential 
environmental impacts associated with the petition request. For 
petitions for which APHIS prepares an EA, APHIS will follow our 
published process for soliciting public comment (see footnote 1) and 
publish a separate notice in the Federal Register announcing the 
availability of APHIS' EA and plant pest risk assessment.
    Should APHIS determine that an EIS is necessary, APHIS will 
complete the NEPA EIS process in accordance with Council on 
Environmental Quality regulations (40 CFR part 1500-1508) and APHIS' 
NEPA implementing regulations (7 CFR part 372).

    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 4th day of January 2016.
Michael C. Gregoire,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2016-00160 Filed 1-7-16; 8:45 am]
 BILLING CODE 3410-34-P

902

Notices Federal Register
Vol. 81, No. 5

Friday, January 8, 2016

This section of the FEDERAL REGISTER and Development, PPD, APHIS, Station APHIS has received a petition (APHIS
contains documents other than rules or 3A–03.8, 4700 River Road, Unit 118, Petition Number 15–300–01p) from the
proposed rules that are applicable to the Riverdale, MD 20737–1238. Scotts Company of Marysville, OH, and
public. Notices of hearings and investigations, Supporting documents and any Monsanto Company of St. Louis, MO
committee meetings, agency decisions and comments we receive on this docket (Scotts/Monsanto), seeking a
rulings, delegations of authority, filing of may be viewed at http:// determination of nonregulated status of
petitions and applications and agency
statements of organization and functions are
www.regulations.gov/#!docketDetail; creeping bentgrass (Agrostis stolonifera
examples of documents appearing in this D=APHIS-2015-0096 or in our reading L.) designated as event ASR368, which
section. room, which is located in Room 1141 of has been genetically engineered for
the USDA South Building, 14th Street resistance to the herbicide glyphosate.
and Independence Avenue SW., The Scotts/Monsanto petition states that
DEPARTMENT OF AGRICULTURE Washington, DC. Normal reading room information collected during field trials
hours are 8 a.m. to 4:30 p.m., Monday and laboratory analyses indicates that
Animal and Plant Health Inspection through Friday, except holidays. To be ASR368 bentgrass is not likely to be a
Service sure someone is there to help you, plant pest and therefore should not be
please call (202) 799–7039 before a regulated article under APHIS’
[Docket No. APHIS–2015–0096]
coming. regulations in 7 CFR part 340.
The Scotts Co. and Monsanto Co.; The petition is also available on the As described in the petition, ASR368
Availability of Petition for APHIS Web site at: http:// bentgrass contains the cp4 epsps gene
Determination of Nonregulated Status www.aphis.usda.gov/biotechnology/ from Agrobacterium sp. strain CP4 that
of Creeping Bentgrass Genetically petitions_table_pending.shtml under confers resistance to the herbicide
Engineered for Resistance to APHIS petition 15–300–01p. glyphosate. ASR368 bentgrass is
Glyphosate FOR FURTHER INFORMATION CONTACT: Dr. currently regulated under 7 CFR part
John Turner, Director, Environmental 340. Interstate movements and field
AGENCY: Animal and Plant Health Risk Analysis Programs, Biotechnology tests of ASR368 bentgrass have been
Inspection Service, USDA. Regulatory Services, APHIS, 4700 River conducted under notifications
ACTION: Notice. Road, Unit 147, Riverdale, MD 20737– acknowledged by APHIS.
1236; (301) 851–3954, email: Field tests conducted under APHIS
SUMMARY: We are advising the public john.t.turner@aphis.usda.gov. To obtain oversight allowed for evaluation in a
that the Animal and Plant Health copies of the petition, contact Ms. Cindy natural agricultural setting while
Inspection Service has received a Eck at (301) 851–3892, email: imposing measures to minimize the risk
petition from the Scotts Company and Cynthia.a.eck@aphis.usda.gov. of persistence in the environment after
Monsanto Company seeking a completion of the tests. Data are
SUPPLEMENTARY INFORMATION: Under the
determination of nonregulated status of gathered on multiple parameters and
creeping bentgrass designated as event authority of the plant pest provisions of
used by the applicant to evaluate
ASR368, which has been genetically the Plant Protection Act (7 U.S.C. 7701
agronomic characteristics and product
engineered for resistance to the et seq.), the regulations in 7 CFR part
performance. These and other data are
herbicide glyphosate. The petition has 340, ‘‘Introduction of Organisms and
used by APHIS to determine if the new
been submitted in accordance with our Products Altered or Produced Through
variety poses a plant pest risk.
regulations concerning the introduction Genetic Engineering Which Are Plant Paragraph (d) of § 340.6 provides that
of certain genetically engineered Pests or Which There Is Reason to APHIS will publish a notice in the
organisms and products. We are making Believe Are Plant Pests,’’ regulate, Federal Register providing 60 days for
the Scotts Company and Monsanto among other things, the introduction public comment for petitions for a
Company petition available for review (importation, interstate movement, or determination of nonregulated status.
and comment to help us identify release into the environment) of On March 6, 2012, we published in the
potential environmental and organisms and products altered or Federal Register (77 FR 13258–13260,
interrelated economic issues and produced through genetic engineering Docket No. APHIS–2011–0129) a
impacts that the Animal and Plant that are plant pests or that there is notice 1 describing our process for
Health Inspection Service may reason to believe are plant pests. Such
soliciting public comment when
determine should be considered in our genetically engineered (GE) organisms
considering petitions for determinations
evaluation of the petition. and products are considered ‘‘regulated
of nonregulated status for GE organisms.
articles.’’
DATES: We will consider all comments In that notice we indicated that APHIS
The regulations in § 340.6(a) provide
that we receive on or before March 8, would accept written comments
that any person may submit a petition
2016. regarding a petition once APHIS
to the Animal and Plant Health
deemed it complete.
mstockstill on DSK4VPTVN1PROD with NOTICES6

ADDRESSES: You may submit comments Inspection Service (APHIS) seeking a
In accordance with § 340.6(d) of the
by either of the following methods: determination that an article should not
regulations and our process for
• Federal eRulemaking Portal: Go to be regulated under 7 CFR part 340.
soliciting public input when
http://www.regulations.gov/# Paragraphs (b) and (c) of § 340.6
considering petitions for determinations
!docketDetail;D=APHIS-2015-0096. describe the form that a petition for a
• Postal Mail/Commercial Delivery: determination of nonregulated status 1 To view the notice, go to http://
Send your comment to Docket No. must take and the information that must www.regulations.gov/#!docketDetail;D=APHIS-
APHIS–2015–0096, Regulatory Analysis be included in the petition. 2011-0129.

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Federal Register / Vol. 81, No. 5 / Friday, January 8, 2016 / Notices 903

of nonregulated status for GE organisms, Authority: 7 U.S.C. 7701–7772 and 7781– number of people who wish to speak.
we are publishing this notice to inform 7786; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and Speakers should assume that their
the public that APHIS will accept 371.3. presentations will be limited to three
written comments regarding the petition Done in Washington, DC, this 4th day of minutes or less, but commenters may
for a determination of nonregulated January 2016. submit written statements for the
status from interested or affected Michael C. Gregoire, record.
persons for a period of 60 days from the Acting Administrator, Animal and Plant
Health Inspection Service.
Contact Person for Further Information
date of this notice. The petition is
available for public review and [FR Doc. 2016–00160 Filed 1–7–16; 8:45 am] Shauna Lawhorne, Public Affairs
comment, and copies are available as BILLING CODE 3410–34–P Specialist, public@csb.gov or (202) 261–
indicated under ADDRESSES and FOR 7600. Further information about this
FURTHER INFORMATION CONTACT above. public meeting can be found on the CSB
We are interested in receiving CHEMICAL SAFETY AND HAZARD Web site at: www.csb.gov.
comments regarding potential INVESTIGATION BOARD Dated: January 6, 2016.
environmental and interrelated Kara A. Wenzel,
economic issues and impacts that Sunshine Act Meeting
Acting General Counsel, Chemical Safety and
APHIS may determine should be Hazard Investigation Board.
considered in our evaluation of the TIME AND DATE: January 13, 2016, 5:00
p.m. PST. [FR Doc. 2016–00298 Filed 1–6–16; 4:15 pm]
petition. We are particularly interested
in receiving comments regarding PLACE: City Hall, Council Chamber, BILLING CODE 6350–01–P

biological, cultural, or ecological issues, 3031 Torrance Blvd., Torrance, CA
and we encourage the submission of 90503.
scientific data, studies, or research to STATUS: Open to the public.
DEPARTMENT OF COMMERCE
support your comments. We also Matters To Be Considered
request that, when possible, International Trade Administration
commenters provide relevant The Chemical Safety and Hazard
information regarding specific localities Investigation Board (CSB) will convene
a public meeting on January 13, 2016, [A–570–970]
or regions as creeping bentgrass growth,
crop management, and crop utilization starting at 5:00 p.m. PST at Torrance
City Hall Council Chamber, 3031 Multilayered Wood Flooring From the
may vary considerably by geographic People’s Republic of China:
region. Torrance Blvd., Torrance, CA 90503.
The Board will discuss its investigation Preliminary Results of Antidumping
After the comment period closes, Duty Administrative Review; 2013–
APHIS will review all written comments of the incident at the ExxonMobil
Refinery on February 18, 2015. CSB 2014
received during the comment period
and any other relevant information. Any Staff will present interim findings to the AGENCY: Enforcement and Compliance,
substantive issues identified by APHIS Board. Following the staff presentation, International Trade Administration,
based on our review of the petition and the Board will hear from a panel of Department of Commerce.
our evaluation and analysis of experts on process safety management SUMMARY: The Department of Commerce
comments will be considered in the (PSM) reform in the State of California. (‘‘the Department’’) is conducting an
development of our decisionmaking Additional Information administrative review of the
documents. As part of our antidumping duty order on multilayered
The meeting is free and open to the
decisionmaking process regarding a GE wood flooring (‘‘MLWF’’) from the
public. If you require a translator or
organism’s regulatory status, APHIS People’s Republic of China (‘‘PRC’’).
interpreter, please notify the individual
prepares a plant pest risk assessment to The period of review (‘‘POR’’) is
listed below as the ‘‘Contact Person for
assess its plant pest risk and the December 1, 2013, through November
Further Information,’’ at least three
appropriate environmental 30, 2014. The review covers two
business days prior to the meeting.
documentation—either an This meeting will be webcast for those mandatory respondents, Fine Furniture
environmental assessment (EA) or an who cannot attend in person. Please (Shanghai) Limited (‘‘Fine Furniture’’)
environmental impact statement (EIS)— visit www.csb.gov for access to the live and Dalian Penghong Floor Products
in accordance with the National webcast. Co., Ltd. (‘‘Dalian Penghong’’). We
Environmental Policy Act (NEPA), to The CSB is an independent federal preliminarily find that both respondents
provide the Agency with a review and agency charged with investigating made sales of subject merchandise at
analysis of any potential environmental accidents and hazards that result, or less than normal value (‘‘NV’’).
impacts associated with the petition may result, in the catastrophic release of DATES: Effective date: January 8, 2016.
request. For petitions for which APHIS extremely hazardous substances. The FOR FURTHER INFORMATION CONTACT: Lilit
prepares an EA, APHIS will follow our agency’s Board Members are appointed
published process for soliciting public Astvatsatrian or William Horn AD/CVD
by the President and confirmed by the Operations, Office IV, Enforcement and
comment (see footnote 1) and publish a Senate. CSB investigations look into all
separate notice in the Federal Register Compliance, International Trade
aspects of chemical accidents and Administration, Department of
announcing the availability of APHIS’ hazards, including physical causes such Commerce, 1401 Constitution Avenue
mstockstill on DSK4VPTVN1PROD with NOTICES6

EA and plant pest risk assessment. as equipment failure as well as NW., Washington, DC 20230; telephone:
Should APHIS determine that an EIS inadequacies in regulations, industry (202) 482–6412 and (202) 482–2615.
is necessary, APHIS will complete the standards, and safety management
NEPA EIS process in accordance with SUPPLEMENTARY INFORMATION:
systems.
Council on Environmental Quality Scope of the Order
regulations (40 CFR part 1500–1508) Public Comment
and APHIS’ NEPA implementing The time provided for public The merchandise covered by the order
regulations (7 CFR part 372). statements will depend upon the includes MLWF, subject to certain

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Document Created: 2016-01-16 01:13:43
Document Modified: 2016-01-16 01:13:43

Category		Regulatory Information
Collection		Federal Register
sudoc Class		AE 2.7: GS 4.107: AE 2.106:
Publisher		Office of the Federal Register, National Archives and Records Administration
Section		Notices
Action		Notice.
Dates		We will consider all comments that we receive on or before March 8, 2016.
Contact		Dr. John Turner, Director, Environmental 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 petition, contact Ms. Cindy Eck at (301) 851-3892, email: [email protected]
FR Citation		81 FR 902

81 FR 902 - The Scotts Co. and Monsanto Co.; Availability of Petition for Determination of Nonregulated Status of Creeping Bentgrass Genetically Engineered for Resistance to Glyphosate

DEPARTMENT OF AGRICULTUREAnimal and Plant Health Inspection Service

Federal Register Volume 81, Issue 5 (January 8, 2016)

DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service