82 FR 51582 - Importation, Interstate Movement, and Environmental Release of Certain Genetically Engineered Organisms

DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service

Federal Register Volume 82, Issue 214 (November 7, 2017)

Page Range		51582-51583
FR Document		2017-24202

We are withdrawing a proposed rule that would have revised our regulations regarding the importation, interstate movement, and environmental release of certain genetically engineered organisms. We are taking this action after considering the comments we received following the publication of the proposed rule.

Federal Register, Volume 82 Issue 214 (Tuesday, November 7, 2017)

[Federal Register Volume 82, Number 214 (Tuesday, November 7, 2017)]
[Proposed Rules]
[Pages 51582-51583]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-24202]


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Proposed Rules
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains notices to the public of 
the proposed issuance of rules and regulations. The purpose of these 
notices is to give interested persons an opportunity to participate in 
the rule making prior to the adoption of the final rules.

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Federal Register / Vol. 82, No. 214 / Tuesday, November 7, 2017 / 
Proposed Rules

[[Page 51582]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 340

[Docket No. APHIS-2015-0057]
RIN 0579-AE15


Importation, Interstate Movement, and Environmental Release of 
Certain Genetically Engineered Organisms

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Proposed rule; withdrawal.

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SUMMARY: We are withdrawing a proposed rule that would have revised our 
regulations regarding the importation, interstate movement, and 
environmental release of certain genetically engineered organisms. We 
are taking this action after considering the comments we received 
following the publication of the proposed rule.

DATES: We are withdrawing the proposed rule published January 19, 2017 
(82 FR 7008) as of November 7, 2017.

FOR FURTHER INFORMATION CONTACT: Mr. Sidney Abel, Assistant Deputy 
Administrator, Biotechnology Regulatory Services, APHIS, 4700 River 
Road Unit 147, Riverdale, MD 20737-1238; (301) 851-3896.

SUPPLEMENTARY INFORMATION: On January 19, 2017, we published in the 
Federal Register (82 FR 7008-7039, Docket No. APHIS-2015-0057) a 
proposal \1\ to amend the regulations in 7 CFR part 340 regarding the 
importation, interstate movement, and environmental release of certain 
genetically engineered (GE) organisms.
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    \1\ To view the proposed rule, supporting documents, and the 
comments we received, go to http://www.regulations.gov/#!docketDetail;D=APHIS-2015-0057.
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    We solicited comments concerning our proposal for 120 days ending 
May 19, 2017. We extended the deadline for comments until June 19, 
2017, in a document published in the Federal Register on February 10, 
2017 (Docket No. APHIS-2015-0057, 82 FR 10312-10313). We received 203 
comments by that date. They were from GE developers, growers of GE 
crops, GE industry and agricultural trade associations, universities 
and academic researchers, organic producers and trade associations, 
consumer safety and environmental advocacy groups, a Federal agency, 
and private citizens.
    Many commenters objected to the scope of the proposed rule. Some 
thought that our criteria for designating GE organisms as regulated 
organisms were too expansive, potentially resulting in our regulating a 
wider range of GE organisms than necessary and thereby increasing, 
rather than reducing, the regulatory burden for the biotechnology 
industry. Other commenters, however, thought that certain exemptions 
and exclusions contained in the proposed rule would effectively narrow 
the scope of our regulatory authority over GE organisms and increase 
the risk of the unintended presence of GE crops in organic and other 
non-GE crops.
    The January 2017 proposed rule represented a major change from our 
existing ``regulate first/analyze later'' approach to one that entailed 
assessing new GE organisms to determine if they posed plant pest or 
noxious weed risks and then regulating only organisms that did present 
risks. Some commenters expressed concern that the proposed risk 
assessment process could prove lengthy, cumbersome, and confusing, 
thereby hindering innovation and preventing GE products from getting to 
market in a timely manner. Though we did provide exclusions that would 
have allowed GE organisms with certain plant/trait combinations to 
bypass the risk assessment process, these commenters viewed the 
exclusions as too narrow. Other commenters, however, took the opposite 
view. These commenters objected to our proposed exemption from the risk 
assessment process of products having plant/trait combinations 
corresponding to specific organisms that had been granted nonregulated 
status based on previous risk assessments. A number of these commenters 
also thought the proposed process as a whole would be insufficiently 
rigorous, with some objecting specifically to our proposal to no longer 
require the submission of field test data as part of the assessment 
process.
    Another issue that drew many comments was our proposal to 
incorporate our noxious weed authority into the biotechnology 
regulations in part 340. Noting that noxious weeds are also regulated 
under the Plant Protection and Quarantine regulations in 7 CFR part 
360, commenters expressed concern that this proposal could result in 
the creation of two parallel but inconsistent regulatory systems and 
thus more regulatory uncertainty.
    Finally, many commenters expressed opposition to genetic 
engineering in general, as well as concerns about a wide range of 
issues, many of which were outside the scope of the proposed rule. For 
example, commenters stated that the Animal and Plant Health Inspection 
Service (APHIS) should consider non-safety-based risks, such as 
economic and social impacts, including impacts on the marketability of 
non-GE products. Other commenters requested that APHIS regulations 
include provisions related to the labeling of GE products and raised 
concerns regarding health effects of GE products and increased 
pesticide use.
    Based on the scope of comments received on the January 2017 
proposed rule, we have decided to withdraw the rule and to begin a 
fresh stakeholder engagement aimed at exploring alternative policy 
approaches. Because of rules limiting ex parte communications with 
respect to active rulemakings, publication of the 2017 proposed rule 
has constrained our ability to talk about alternatives with 
stakeholders. Withdrawing the proposed rule will lift this constraint 
and provide for a more open and robust policy dialogue.
    Therefore, we are withdrawing the January 19, 2017, proposed rule 
referenced above. As we explore a full range of policy alternatives, we 
will consider the comments we received on the proposed rule, as well as 
new scientific knowledge, and continue to seek the active and open 
input of stakeholders.

    Authority: 7 U.S.C. 7701-7772 and 7781-7786; 31 U.S.C. 9701; 7 
CFR 2.22, 2.80, and 371.3.


[[Page 51583]]


    Done in Washington, DC, this 1st day of November 2017.
Michael C. Gregoire,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2017-24202 Filed 11-6-17; 8:45 am]
BILLING CODE 3410-34-P

Federal Register / Vol. 82, No. 214 / Tuesday, November 7, 2017 / Proposed Rules 51583

Done in Washington, DC, this 1st day of 30, West Building Ground Floor, Room We will post all comments we
November 2017. W12–140, 1200 New Jersey Avenue SE., receive, without change, to http://
Michael C. Gregoire, Washington, DC 20590. www.regulations.gov, including any
Acting Administrator, Animal and Plant • Hand Delivery: Deliver to Mail personal information you provide. We
Health Inspection Service. address above between 9 a.m. and 5 will also post a report summarizing each
[FR Doc. 2017–24202 Filed 11–6–17; 8:45 am] p.m., Monday through Friday, except substantive verbal contact we receive
BILLING CODE 3410–34–P Federal holidays. about this NPRM.
For service information identified in
this NPRM, contact Piper Aircraft, Inc., Discussion
DEPARTMENT OF TRANSPORTATION 2926 Piper Drive, Vero Beach, Florida We received two reports of significant
32960; telephone: (772) 567–4361; corrosion found on the main wing spars
Federal Aviation Administration Internet: www.piper.com. You may on certain Piper Aircraft, Inc. Models
review this referenced service PA–28–140, PA–28–150, PA–28–160,
14 CFR Part 39 information at the FAA, Policy and PA–28–180, PA–28–235, PA–32–260,
Innovation Division, 901 Locust, Kansas and PA–32–300 airplanes. The
[Docket No. FAA–2017–1059; Product City, Missouri 64106. For information corrosion was found during
Identifier 2017–CE–035–AD] on the availability of this material at the maintenance in an area that is not easily
RIN 2120–AA64 FAA, call (816) 329–4148. accessible for inspection. This
Examining the AD Docket condition, if not detected and corrected,
Airworthiness Directives; Piper could cause the main wing spar to fail.
Aircraft, Inc. Airplanes You may examine the AD docket on This failure could result in loss of
the Internet at http:// control.
AGENCY: Federal Aviation www.regulations.gov by searching for
Administration (FAA), DOT. and locating Docket No. FAA–2017– Related Service Information Under
ACTION: Notice of proposed rulemaking 1059 or in person at the Docket 1 CFR Part 51
(NPRM). Management Facility between 9 a.m. We reviewed Piper Aircraft, Inc.
and 5 p.m., Monday through Friday, Service Bulletin No. 1304, dated August
SUMMARY: We propose to adopt a new except Federal holidays. The AD docket
airworthiness directive (AD) for certain 23, 2017. The service bulletin describes
contains this NPRM, the regulatory procedures for installing an inspection
Piper Aircraft, Inc. Models PA–28–140, evaluation, any comments received, and
PA–28–150, PA–28–160, PA–28–180, access panel in the lower wing skin near
other information. The street address for the left and the right main wing spars,
PA–28–235, PA–32–260, and PA–32– the Docket Office (phone: 800–647–
300 airplanes. This proposed AD was if not already there, inspect for
5527) is in the ADDRESSES section. corrosion, and, if corrosion is found,
prompted by reports of corrosion found Comments will be available in the AD
in an area of the main wing spar not taking all necessary corrective actions.
docket shortly after receipt. This service information is reasonably
easily accessible for inspection. This FOR FURTHER INFORMATION CONTACT: Dan
proposed AD would require installing available because the interested parties
McCully, Aerospace Engineer, FAA, have access to it through their normal
an inspection access panel in the lower Atlanta ACO Branch, 1701 Columbia
wing skin near the left and the right course of business or by the means
Avenue, College Park, Georgia 30337; identified in the ADDRESSES section.
main wing spars if not already there, telephone: (404) 474–5548; fax: (404)
inspecting the left and the right main 474–5606; email: william.mccully@faa. FAA’s Determination
wing spars for corrosion, and taking all gov.
necessary corrective actions. We are We are proposing this AD because we
proposing this AD to address the unsafe SUPPLEMENTARY INFORMATION: evaluated all the relevant information
condition on these products. and determined the unsafe condition
Comments Invited described previously is likely to exist or
DATES: We must receive comments on develop in other products of the same
We invite you to send any written
this proposed AD by December 22, relevant data, views, or arguments about type design.
2017. this proposal. Send your comments to
Proposed AD Requirements
ADDRESSES: You may send comments, an address listed under the ADDRESSES
using the procedures found in 14 CFR section. Include ‘‘Docket No. FAA– This proposed AD would require
11.43 and 11.45, by any of the following 2017–1059; Product Identifier 2017–CE– accomplishing the actions specified in
methods: 035–AD’’ at the beginning of your the service information described
comments. We specifically invite previously.
• Federal eRulemaking Portal: Go to comments on the overall regulatory, Costs of Compliance
http://www.regulations.gov. Follow the economic, environmental, and energy
instructions for submitting comments. aspects of this NPRM. We will consider We estimate that this proposed AD
• Fax: 202–493–2251. all comments received by the closing affects 11,476 airplanes of U.S. registry.
• Mail: U.S. Department of date and may amend this NPRM We estimate the following costs to
Transportation, Docket Operations, M– because of those comments. comply with this proposed AD:
nshattuck on DSK9F9SC42PROD with PROPOSALS

ESTIMATED COSTS
Cost per Cost on U.S.
Action Labor cost Parts cost product operators

Main wing spar inspection .............. 2 work-hours × $85 per hour = Not Applicable ................................ $170 $1,950,920
$170 to inspect both wings.

VerDate Sep<11>2014 15:06 Nov 06, 2017 Jkt 244001 PO 00000 Frm 00002 Fmt 4702 Sfmt 4702 E:\FR\FM\07NOP1.SGM 07NOP1

Document Created: 2018-10-25 10:26:01
Document Modified: 2018-10-25 10:26:01

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		Proposed Rules
Action		Proposed rule; withdrawal.
Dates		We are withdrawing the proposed rule published January 19, 2017 (82 FR 7008) as of November 7, 2017.
Contact		Mr. Sidney Abel, Assistant Deputy Administrator, Biotechnology Regulatory Services, APHIS, 4700 River Road Unit 147, Riverdale, MD 20737-1238; (301) 851-3896.
FR Citation		82 FR 51582
RIN Number		0579-AE15

82 FR 51582 - Importation, Interstate Movement, and Environmental Release of Certain Genetically Engineered Organisms

DEPARTMENT OF AGRICULTUREAnimal and Plant Health Inspection Service

Federal Register Volume 82, Issue 214 (November 7, 2017)

DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service