96-3824. Dupont Agricultural Products; Availability of Determination of Nonregulated Status for Cotton Line Genetically Engineered for Tolerance to Sulfonylurea Herbicides  

  • [Federal Register Volume 61, Number 35 (Wednesday, February 21, 1996)]
    [Notices]
    [Pages 6621-6622]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 96-3824]
    
    
    
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    Notices
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    Federal Register / Vol. 61, No. 35 / Wednesday, February 21, 1996 / 
    Notices
    
    [[Page 6621]]
    
    
    DEPARTMENT OF AGRICULTURE
    
    Animal and Plant Health Inspection Service
    [Docket No. 95-075-2]
    
    
    Dupont Agricultural Products; Availability of Determination of 
    Nonregulated Status for Cotton Line Genetically Engineered for 
    Tolerance to Sulfonylurea Herbicides
    
    AGENCY: Animal and Plant Health Inspection Service, USDA.
    
    ACTION: Notice.
    
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    SUMMARY: We are advising the public of our determination that a cotton 
    line developed by Dupont Agricultural Products designated as 19-51a 
    that has been genetically engineered for tolerance to sulfonylurea 
    herbicides is no longer considered a regulated article under our 
    regulations governing the introduction of certain genetically 
    engineered organisms. Our determination is based on our evaluation of 
    data submitted by Dupont Agricultural Products in its petition for a 
    determination of nonregulated status, an analysis of other scientific 
    data, and our review of comments received from the public in response 
    to a previous notice announcing our receipt of the Dupont Agricultural 
    Products petition. This notice also announces the availability of our 
    written determination document and its associated environmental 
    assessment and finding of no significant impact.
    
    EFFECTIVE DATE: January 25, 1996.
    
    ADDRESSES: The determination, an environmental assessment and finding 
    of no significant impact, the petition, and all written comments 
    received regarding the petition may be inspected at USDA, room 1141, 
    South Building, 14th Street and Independence Avenue SW., Washington, 
    DC, between 8 a.m. and 4:30 p.m., Monday through Friday, except 
    holidays. Persons wishing to inspect those documents are asked to call 
    in advance of visiting at (202) 690-2817.
    
    FOR FURTHER INFORMATION CONTACT: Dr. Sivramiah Shantharam, 
    Biotechnology Permits, BBEP, APHIS, 4700 River Road Unit 147, 
    Riverdale, MD 20737-1237; (301) 734-7612. To obtain a copy of the 
    determination or the environmental assessment and finding of no 
    significant impact, contact Ms. Kay Peterson at (301) 734-7612.
    
    SUPPLEMENTARY INFORMATION:
    
    Background
    
        On September 13, 1995, the Animal and Plant Health Inspection 
    Service (APHIS) received a petition (APHIS Petition No. 95-256-01p) 
    from Dupont Agricultural Products (Dupont) of Wilmington, DE, seeking a 
    determination that a cotton line designated as 19-51a that has been 
    genetically engineered for tolerance to sulfonylurea herbicides does 
    not present a plant pest risk and, therefore, is not a regulated 
    article under APHIS' regulations in 7 CFR part 340.
        On October 26, 1995, APHIS published a notice in the Federal 
    Register (60 FR 54839-54840, Docket No. 95-075-1) announcing that the 
    Dupont petition had been received and was available for public review. 
    The notice also discussed the role of APHIS, the Environmental 
    Protection Agency, and the Food and Drug Administration in regulating 
    the subject cotton line and food products derived from it. In the 
    notice, APHIS solicited written comments from the public as to whether 
    cotton line 19-51a posed a plant pest risk. The comments were to have 
    been received by APHIS on or before December 26, 1995. APHIS received 
    two comments on the subject petition during the designated 60-day 
    comment period. Both comments were from State departments of 
    agriculture and both were favorable to the petition.
    
    Analysis
    
        Cotton line 19-51a has been genetically engineered with a gene from 
    tobacco which encodes an altered acetolactate synthase enzyme that 
    enhances tolerance to sulfonylurea herbicides. The subject cotton line 
    was developed through the use of the Agrobacterium tumefaciens 
    transformation system.
        Cotton line 19-51a has been considered a regulated article under 
    APHIS' regulations in 7 CFR part 340 because it contains regulatory 
    gene sequences derived from the plant pathogen A. tumefaciens. However, 
    evaluation of field data reports from field tests of the subject cotton 
    line conducted under APHIS permits or notifications since 1991 
    indicates that there were no deleterious effects on plants, nontarget 
    organisms, or the environment as a result of the subject cotton plants' 
    release into the environment.
    
    Determination
    
        Based on its analysis of the data submitted by Dupont and a review 
    of other scientific data, comments received, and field tests of the 
    subject cotton line, APHIS has determined that cotton line 19-51a: (1) 
    Exhibits no plant pathogenic properties; (2) is no more likely to 
    become a weed than cotton developed by traditional breeding techniques; 
    (3) is unlikely to increase the weediness potential for any other 
    cultivated or wild species with which it can interbreed; (4) will not 
    harm other organisms, including agriculturally beneficial organisms and 
    threatened and endangered species; and (5) should not cause damage to 
    raw or processed agricultural commodities. Therefore, APHIS has 
    concluded that cotton line 19-51a and any progeny derived from hybrid 
    crosses with other nontransformed cotton varieties will be just as safe 
    to grow as traditionally bred cotton lines that are not regulated under 
    7 CFR part 340.
        The effect of this determination is that Dupont's cotton line 
    designated as 19-51a is no longer considered a regulated article under 
    APHIS' regulations in 7 CFR part 340. Therefore, the notification 
    requirements pertaining to regulated articles under those regulations 
    no longer apply to the field testing, importation, or interstate 
    movement of cotton line 19-51a or its progeny. However, the importation 
    of the subject cotton line or seeds capable of propagation is still 
    subject to the restrictions found in APHIS' foreign quarantine notices 
    in 7 CFR part 319.
    
    National Environmental Policy Act
    
        An environmental assessment (EA) has been prepared to examine the 
    potential environmental impacts associated with this determination. The 
    
    
    [[Page 6622]]
    EA was prepared in accordance with: (1) The National Environmental 
    Policy Act of 1969 (NEPA)(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; 60 FR 6000-6005, February 1, 1995). Based 
    on that EA, APHIS has reached a finding of no significant impact 
    (FONSI) with regard to its determination that cotton line 19-51a and 
    lines developed from it are no longer regulated articles under its 
    regulations in 7 CFR part 340. Copies of the EA and the FONSI are 
    available upon request from the individual listed under FOR FURTHER 
    INFORMATION CONTACT.
        Done in Washington, DC, this 14th day of February 1996.
    Terry L. Medley,
    Administrator, Animal and Plant Health Inspection Service.
    [FR Doc. 96-3824 Filed 2-20-96; 8:45 am]
    BILLING CODE 3410-34-P
    
    

Document Information

Effective Date:
1/25/1996
Published:
02/21/1996
Department:
Animal and Plant Health Inspection Service
Entry Type:
Notice
Action:
Notice.
Document Number:
96-3824
Dates:
January 25, 1996.
Pages:
6621-6622 (2 pages)
Docket Numbers:
Docket No. 95-075-2
PDF File:
96-3824.pdf