From: APHIS Biotechnology Regulatory Services <APHISBRS@subscribers.usda.gov>
Date: Fri, Jul 18, 2014 at 8:49 AM
Subject: USDA Withdraws CBI Sharing Rule Regarding GE Organisms
To: iammejtm@gmail.com
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Dear BRS Stakeholder, The U.S. Department of Agriculture's (USDA) Animal and Plant Health Inspection Service (APHIS) is advising the public that we are withdrawing a proposed rule that, if finalized, would have allowed the Agency to share confidential business information (CBI) with State and Tribal officials about genetically engineered (GE) field trials taking place within their jurisdictions. By sharing this type of information, APHIS hoped to provide State and Tribal officials with additional details about GE field trials taking place within their borders while also enabling them to provide relevant advice and recommendations back to the Agency. Based on feedback received during the public comment period for the proposed rule and further legal review, however, APHIS has determined that, despite its best efforts, it cannot adequately protect CBI provided to State and Tribal partners. This is because, under the Freedom of Information Act (FOIA), these partners are considered members of the public, and once APHIS has disclosed information to one member of the public—even a State government agency or Tribal nation—the information may be subject to release to other members of the general public should it be requested through the FOIA. Therefore, in order to protect CBI submitted by researchers and biotechnology companies, APHIS is withdrawing the proposed rule and will not pursue further rulemaking on this issue. To view the proposed rule, supporting documents, and the comments we received, go to http://www.regulations.gov/#!docketDetail;D=APHIS-2006-0124. A copy of the FR notice can be found online at: http://www.aphis.usda.gov/brs/fedregister/BRS_20140718.pdf.
SUBSCRIBER SERVICES:
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Jeremy Tobias Matthews
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