[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
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. 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]
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