Syngenta Seeds, Inc.; Determination of Nonregulated Status for Cotton Genetically Engineered for Insect Resistance, 41679-41681 [05-14263]
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41679
Notices
Federal Register
Vol. 70, No. 138
Wednesday, July 20, 2005
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
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examples of documents appearing in this
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DEPARTMENT OF AGRICULTURE
Submission for OMB Review;
Comment Request
July 15, 2005.
The Department of Agriculture has
submitted the following information
collection requirement(s) to OMB for
review and clearance under the
Paperwork Reduction Act of 1995,
Public Law 104–13. Comments
regarding (a) whether the collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information will have practical utility;
(b) the accuracy of the agency’s estimate
of burden including the validity of the
methodology and assumptions used; (c)
ways to enhance the quality, utility and
clarity of the information to be
collected; (d) ways to minimize the
burden of the collection of information
on those who are to respond, including
through the use of appropriate
automated, electronic, mechanical, or
other technological collection
techniques or other forms of information
technology should be addressed to: Desk
Officer for Agriculture, Office of
Information and Regulatory Affairs,
Office of Management and Budget
(OMB), OIRA
_Submission@OMB.EOP.GOV or fax
(202) 395–5806 and to Departmental
Clearance Office, USDA, OCIO, Mail
Stop 7602, Washington, DC. 20250–
7602. Comments regarding these
information collections are best assured
of having their full effect if received
within 30 days of this notification.
Copies of the submission(s) may be
obtained by calling (202) 720–8958.
An agency may not conduct or
sponsor a collection of information
unless the collection of information
displays a currently valid OMB control
number and the agency informs
potential persons who are to respond to
the collection of information that such
persons are not required to respond to
VerDate jul<14>2003
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the collection of information unless it
displays a currently valid OMB control
number.
Animal and Plant Health Inspection
Service
Title: NAHMS Chronic Wasting
Disease 2005 Study (CWD 2005).
OMB Control Number: 0579–NEW.
Summary of Collection: 7 U.S.C. 391,
the Animal Industry Act of 1884, which
established the precursor of the Animal
and Plant Health Inspection Service
(APHIS), Veterinary Services, the
Bureau of Animal Industry, mandates
collection and dissemination of animal
health and information. APHIS plans to
initiate a national study titled the
Chronic Wasting Disease (CWD) 2005.
CWD is a fatal, neurological disease that
occurs in deer and elk populations. The
study will collect information from
cervid producers nationwide.
Need and Use of the Information: The
purpose of the CWD study is to support
the farmed/captive cervid industry by
collecting baseline data to: (1) Describe
general health and management
practices; (2) describe the farmed/
captive cervid industry; and (3) identify
the most efficient and effective ways to
contact producers for outreach
purposes. Without this type of data,
APHIS ability to detect trends in
management, production, and health
status that increase/decrease farm
economy, either directly or indirectly,
would be reduced or nonexistent.
Description of Respondents:
Individuals or households; Farms;
Business or other for-profit.
Number of Respondents: 5,600.
Frequency of Responses: Reporting:
Other (One time).
Total Burden Hours: 5,600.
Ruth Brown,
Departmental Information Collection
Clearance Officer.
[FR Doc. 05–14295 Filed 7–19–05; 8:45 am]
BILLING CODE 3410–34–M
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
[Docket No. 04–051–2]
Syngenta Seeds, Inc.; Determination of
Nonregulated Status for Cotton
Genetically Engineered for Insect
Resistance
Animal and Plant Health
Inspection Service, USDA.
ACTION: Notice.
AGENCY:
SUMMARY: We are advising the public of
our determination that cotton
designated as transformation Event
COT102, which has been genetically
engineered for insect resistance, 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
Syngenta Seeds, Inc., in its petition for
a determination of nonregulated status,
our analysis of other scientific data, and
comments received from the public in
response to a previous notice. This
notice also announces the availability of
our written determination and our
finding of no significant impact.
EFFECTIVE DATE: July 6, 2005.
ADDRESSES: You may read a copy of the
determination, the environmental
assessment and finding of no significant
impact, the petition for a determination
of nonregulated status submitted by
Syngenta Seeds, Inc., and all comments
received on the petition and the
environmental assessment in our
reading room. The reading room 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) 690–2817 before
coming.
Other Information: You may view
APHIS documents published in the
Federal Register and related
information on the Internet at https://
www.aphis.usda.gov/ppd/rad/
webrepor.html.
FOR FURTHER INFORMATION CONTACT: Dr.
Margaret Jones, Biotechnology
Regulatory Services, APHIS, 4700 River
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Federal Register / Vol. 70, No. 138 / Wednesday, July 20, 2005 / Notices
Road Unit 147, Riverdale, MD 20737;
(301) 734–4880. To obtain copies of the
determination, the environmental
assessment (EA) and finding of no
significant impact (FONSI), and the
petition, contact Ms. Ingrid Berlanger at
(301) 734–5715; e-mail:
ingrid.e.berlanger@aphis.usda.gov. The
petition and the EA, including the
FONSI and determination, are also
available on the Internet at: https://
www.aphis.usda.gov/brs/aphisdocs/
03_15501p.pdf and https://
www.aphis.usda.gov/brs/aphisdocs/
03_15501p_ea.pdf.
SUPPLEMENTARY INFORMATION:
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 organisms and
products are considered ‘‘regulated
articles.’’
The regulations in § 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 § 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.
On June 4, 2003, APHIS received a
petition (APHIS Petition Number 03–
155–01p) from Syngenta Seeds, Inc.
(Syngenta) of Research Triangle Park,
NC, requesting a determination of
nonregulated status under 7 CFR part
340 for cotton (Gossypium hirsutum L.)
designated as transformation event
COT102, which has been genetically
engineered for selective lepidopteran
insect resistance. The Syngenta petition
states that the subject cotton should not
be regulated by APHIS because it does
not present a plant pest risk.
On January 28, 2005, APHIS
published a notice in the Federal
Register (70 FR 4085–4086, Docket No.
04–051–1) announcing that the
Syngenta petition and an environmental
assessment (EA) were available for
public review. That notice also
discussed the role of APHIS, the
Environmental Protection Agency, and
the Food and Drug Administration in
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14:24 Jul 19, 2005
Jkt 205001
regulating the subject cotton and food
products developed from it.
We solicited comments concerning
the petition and EA for 60 days ending
March 29, 2005. We received nine
comments by that date, submitted by
seven individuals (one commenter
submitted three copies of the same
comment). The comments were from a
university professor, three private
individuals, and three anonymous
commenters. Two of the commenters
discussed field trials of genetically
modified rice, and a third commenter
discussed field trials of Syngenta cotton
but did not address the petition for
nonregulated status. None of the four
remaining commenters supported
granting nonregulated status to
Syngenta’s insect-resistant cotton event
COT102. The issues raised in the
comments are addressed in an
attachment to the finding of no
significant impact (FONSI).
Background
As described in the petition, Event
COT102 cotton has been genetically
engineered to contain an insecticidal
Vip3A(a) gene derived from Bacillus
thuringiensis (Bt) strain AB88 under the
control of the actin-2 promoter derived
from Arabidopsis thaliana, which
confers expression of the VIP3A(a)
protein throughout the plant with the
exception of the fiber and nectar. Event
COT102 cotton also contains the
selectable marker gene aph4 derived
from Escherichia coli. The aph4 gene
encodes the enzyme hygromycinB
phosphotransferase and its expression is
controlled by the ubiquitin-3 promoter
from A. thaliana. Agrobacteriummediated gene transfer was used to
transfer the added genes into the
recipient Coker 312 cotton variety. The
petitioner states that while the VIP3A
protein shares no homology with known
Cry proteins, testing has shown that
VIP3A is similarly specific in toxicity
only to the larvae of certain
lepidopteran species. However, the
VIP3A apparently targets a different
receptor than the Cry1 proteins in
sensitive species and therefore may be
useful in the management of pest
resistance.
Event COT102 has been considered a
regulated article under the regulations
in 7 CFR part 340 because it contains
gene sequences from the plant pathogen
Agrobacterium tumefaciens. This cotton
event has been field tested since 2000 in
the United States under APHIS
notifications. In the process of
reviewing the notifications for field
trials of the subject cotton, APHIS
determined that the vector was
disarmed and that the trials, which were
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Fmt 4703
Sfmt 4703
conducted under conditions of
reproductive and physical confinement
or isolation, would not present a risk of
plant pest introduction or
dissemination.
Determination
Based on its analysis of the data
submitted by Syngenta Seeds, Inc., a
review of other scientific data, field tests
of the subject cotton, and comments
submitted by the public, APHIS has
determined that COT102 cotton: (1)
Exhibits no plant pathogenic properties;
(2) is no more likely to become weedy
than the nontransgenic parental line or
other cultivated cotton; (3) is unlikely to
increase the weediness potential of any
other cultivated or wild species with
which it can interbreed; (4) will not
cause damage to raw or processed
agricultural commodities; (5) will not
harm threatened or endangered species
or organisms that are beneficial to
agriculture; and (6) should not reduce
the ability to control pests and weeds in
cotton or other crops. Therefore, APHIS
has concluded that the subject cotton
and any progeny derived from hybrid
crosses with other non-transformed
cotton varieties will be as safe to grow
as cotton in traditional breeding
programs that are not subject to
regulation under 7 CFR part 340. The
effect of this determination is that
Syngenta’s COT102 cotton is no longer
considered a regulated article under
APHIS’ regulations in 7 CFR part 340.
Therefore, the requirements
pertaining to regulated articles under
those regulations no longer apply to the
subject cotton or its progeny. However,
importation of COT102 cotton and seeds
capable of propagation are still subject
to the restrictions found in APHIS’
foreign quarantine notices in 7 CFR part
319 and imported seed regulations in 7
CFR part 361.
National Environmental Policy Act
An EA was prepared to examine any
potential environmental impacts
associated with the proposed
determination of nonregulated status for
the subject cotton. The EA was prepared
in accordance with (1) The National
Environmental Policy Act of 1969
(NEPA), as amended (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). Based on that EA, APHIS has
reached a FONSI with regard to the
determination that Syngenta’s COT102
cotton and lines developed from it are
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Federal Register / Vol. 70, No. 138 / Wednesday, July 20, 2005 / Notices
no longer regulated articles under its
regulations in 7 CFR part 340. Copies of
the EA and FONSI are available as
indicated in the FOR FURTHER
INFORMATION CONTACT section of this
notice.
Authority: 7 U.S.C. 1622n and 7701–7772;
31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.3.
Done in Washington, DC, this 14th day of
July 2005.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. 05–14263 Filed 7–19–05; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF COMMERCE
Foreign–Trade Zones Board
(Docket 31–2005)
Foreign–Trade Zone 262 -- Southaven,
Mississippi, Application for Expansion
An application has been submitted to
the Foreign–Trade Zones (FTZ) Board
(the Board), by the Northern Mississippi
FTZ, Inc., grantee of Foreign–Trade
Zone 262, requesting authority to
expand its zone in Southaven,
Mississippi, within the Memphis
Customs port of entry (which covers
areas in Tennessee and Mississippi).
The application was submitted pursuant
to the provisions of the Foreign–Trade
Zones Act, as amended (19 U.S.C. 81a–
81u), and the regulations of the Board
(15 CFR part 400). It was formally filed
on July 12, 2005.
FTZ 262 was approved on October 1,
2004 (Board Order 1353, 69 FR 60841,
10/13/04). The general–purpose zone
consists of a 219–acre site at the DeSoto
Trade Center located between Interstate
55 and U.S. Highway 51 south of
Church Road in Southaven.
The applicant is now requesting
authority to expand the zone to include
two additional parcels (461 acres)
immediately south and southwest of the
existing site at the DeSoto Trade Center
(new total acreage -- 680 acres). The
additional parcels are located at U.S.
Highway 51 between College Road and
Star Landing Road. The parcels are
owned by College Road Land Company
LLC and DTC Eastgate 1 LLC and are
suitable for warehousing, light
assembly, manufacturing and
distribution activities. No specific
manufacturing authority is being
requested at this time. Such requests
would be made on a case–by-case basis.
In accordance with the Board’s
regulations, a member of the FTZ Staff
has been designated examiner to
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18:38 Jul 19, 2005
Jkt 205001
investigate the application and report to
the Board.
Public comment on the application is
invited from interested parties.
Submissions (original and 3 copies)
shall be addressed to the Board’s
Executive Secretary at one of the
following addresses:
1. Submissions via Express/Package
Delivery Services: Foreign–Trade
Zones Board, U.S. Department of
Commerce, Franklin Court
Building--Suite 4100W, 1099 14th
Street, NW., Washington, DC 20005;
or,
2. Submissions via the U.S. Postal
Service: Foreign–Trade Zones
Board, U.S. Department of
Commerce, FCB--Suite 4100W,
1401 Constitution Avenue, NW.,
Washington, DC 20230.
The closing period for their receipt is
September 19, 2005. Rebuttal comments
in response to material submitted
during the foregoing period may be
submitted during the subsequent 15–
day period (to October 3, 2005.
A copy of the application and
accompanying exhibits will be available
during this time for public inspection at
address Number 1 listed above, and at
the Office of the City Clerk, 8700
Northwest Drive, Southaven,
Mississippi 38671.
Dated: July 12, 2005.
Dennis Puccinelli,
Executive Secretary.
[FR Doc. 05–14286 Filed 7–19–05; 8:45 am]
BILLING CODE: 3510–DS–S
DEPARTMENT OF COMMERCE
International Trade Administration
[A–122–840]
Notice of Preliminary Results of
Antidumping Duty Administrative
Review: Carbon and Certain Alloy
Steel Wire Rod from Canada
Import Administration,
International Trade Administration,
Department of Commerce.
SUMMARY: The Department of Commerce
(the Department) is conducting an
administrative review of the
antidumping duty order on Carbon and
Certain Alloy Steel Wire Rod from
Canada for the period October 1, 2003,
to September 30, 2004 (the POR). We
preliminarily determine that sales of
subject merchandise by Ivaco Inc. and
Ivaco Rolling Mills (IRM) (collectively,
‘‘Ivaco’’) and Ispat Sidbec, Inc. (Ispat)
(now known as Mittal Canada Inc.
AGENCY:
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Sfmt 4703
41681
(Mittal)1) have been made below normal
value (NV). If these preliminary results
are adopted in our final results, we will
instruct U.S. Customs and Border
Protection (CBP) to assess antidumping
duties on appropriate entries. Interested
parties are invited to comment on these
preliminary results. We will issue the
final results no later than 120 days from
the publication of this notice.
EFFECTIVE DATE: July 20, 2005.
FOR FURTHER INFORMATION CONTACT:
Daniel O’Brien or Ashleigh Batton, at
(202) 482–1376 or (202) 482–6309,
respectively; AD/CVD Operations,
Office 1, Import Administration,
International Trade Administration,
U.S. Department of Commerce, 14th
Street & Constitution Avenue, NW,
Washington, DC 20230.
SUPPLEMENTARY INFORMATION:
Background
On October 1, 2004, the Department
issued a notice of opportunity to request
an administrative review of this order.
See Antidumping or Countervailing
Duty Order, Finding, or Suspended
Investigation; Opportunity to Request
Administrative Review, 69 FR 58889
(October 1, 2004). On October 29, 2004,
in accordance with 19 CFR 351.213(b),
Ivaco and Ispat requested an
administrative review. On October 29,
2004, also in accordance with 19 CFR
351.213(b), the petitioners2 requested an
administrative review of Ivaco and
Ispat. On November 19, 2004, the
Department published the notice of
initiation of this antidumping duty
administrative review, covering the
POR. See Initiation of Antidumping and
Countervailing Duty Administrative
Reviews, 69 FR 67701 (November 19,
2004).
On November 30, 2004, the
Department issued its antidumping
questionnaire to Ivaco and Ispat,
specifying that the responses to Section
A, and Sections B–E would be due on
December 21, 2004, and January 6, 2005,
respectively.3 We received timely
1 On June 24, 2005, we determined that Mittal
was the successor-in-interest to Ispat Sidbec, Inc.
See Final Results of Changed Circumstances
Antidumping Duty Administrative Review: Carbon
and Certain Steel Alloy Wire rod from Canada, (not
yet scheduled for FR publication).
2 The petitioners in this case are ISG Georgetown,
Inc., Gerdau Ameristeel US, Inc., Keystone
Consolidated Industries, Inc., and North Star Steel
Texas, Inc.
3 Section A of the questionnaire requests general
information concerning a company’s corporate
structure and business practices, the merchandise
under review that it sells, and the manner in which
it sells that merchandise in all of its markets.
Section B requests a complete listing of all home
market sales, or, if the home market is not viable,
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20JYN1
]]>Agencies
[Federal Register Volume 70, Number 138 (Wednesday, July 20, 2005)]
[Notices]
[Pages 41679-41681]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-14263]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
[Docket No. 04-051-2]
Syngenta Seeds, Inc.; Determination of Nonregulated Status for
Cotton Genetically Engineered for Insect Resistance
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: We are advising the public of our determination that cotton
designated as transformation Event COT102, which has been genetically
engineered for insect resistance, 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 Syngenta Seeds, Inc., in its petition
for a determination of nonregulated status, our analysis of other
scientific data, and comments received from the public in response to a
previous notice. This notice also announces the availability of our
written determination and our finding of no significant impact.
EFFECTIVE DATE: July 6, 2005.
ADDRESSES: You may read a copy of the determination, the environmental
assessment and finding of no significant impact, the petition for a
determination of nonregulated status submitted by Syngenta Seeds, Inc.,
and all comments received on the petition and the environmental
assessment in our reading room. The reading room 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) 690-2817 before coming.
Other Information: You may view APHIS documents published in the
Federal Register and related information on the Internet at https://
www.aphis.usda.gov/ppd/rad/webrepor.html.
FOR FURTHER INFORMATION CONTACT: Dr. Margaret Jones, Biotechnology
Regulatory Services, APHIS, 4700 River
[[Page 41680]]
Road Unit 147, Riverdale, MD 20737; (301) 734-4880. To obtain copies of
the determination, the environmental assessment (EA) and finding of no
significant impact (FONSI), and the petition, contact Ms. Ingrid
Berlanger at (301) 734-5715; e-mail: ingrid.e.berlanger@aphis.usda.gov.
The petition and the EA, including the FONSI and determination, are
also available on the Internet at: https://www.aphis.usda.gov/brs/
aphisdocs/03_15501p.pdf and https://www.aphis.usda.gov/brs/aphisdocs/
03_15501p_ea.pdf.
SUPPLEMENTARY INFORMATION:
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 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.
On June 4, 2003, APHIS received a petition (APHIS Petition Number
03-155-01p) from Syngenta Seeds, Inc. (Syngenta) of Research Triangle
Park, NC, requesting a determination of nonregulated status under 7 CFR
part 340 for cotton (Gossypium hirsutum L.) designated as
transformation event COT102, which has been genetically engineered for
selective lepidopteran insect resistance. The Syngenta petition states
that the subject cotton should not be regulated by APHIS because it
does not present a plant pest risk.
On January 28, 2005, APHIS published a notice in the Federal
Register (70 FR 4085-4086, Docket No. 04-051-1) announcing that the
Syngenta petition and an environmental assessment (EA) were available
for public review. That notice also discussed the role of APHIS, the
Environmental Protection Agency, and the Food and Drug Administration
in regulating the subject cotton and food products developed from it.
We solicited comments concerning the petition and EA for 60 days
ending March 29, 2005. We received nine comments by that date,
submitted by seven individuals (one commenter submitted three copies of
the same comment). The comments were from a university professor, three
private individuals, and three anonymous commenters. Two of the
commenters discussed field trials of genetically modified rice, and a
third commenter discussed field trials of Syngenta cotton but did not
address the petition for nonregulated status. None of the four
remaining commenters supported granting nonregulated status to
Syngenta's insect-resistant cotton event COT102. The issues raised in
the comments are addressed in an attachment to the finding of no
significant impact (FONSI).
Background
As described in the petition, Event COT102 cotton has been
genetically engineered to contain an insecticidal Vip3A(a) gene derived
from Bacillus thuringiensis (Bt) strain AB88 under the control of the
actin-2 promoter derived from Arabidopsis thaliana, which confers
expression of the VIP3A(a) protein throughout the plant with the
exception of the fiber and nectar. Event COT102 cotton also contains
the selectable marker gene aph4 derived from Escherichia coli. The aph4
gene encodes the enzyme hygromycinB phosphotransferase and its
expression is controlled by the ubiquitin-3 promoter from A. thaliana.
Agrobacterium-mediated gene transfer was used to transfer the added
genes into the recipient Coker 312 cotton variety. The petitioner
states that while the VIP3A protein shares no homology with known Cry
proteins, testing has shown that VIP3A is similarly specific in
toxicity only to the larvae of certain lepidopteran species. However,
the VIP3A apparently targets a different receptor than the Cry1
proteins in sensitive species and therefore may be useful in the
management of pest resistance.
Event COT102 has been considered a regulated article under the
regulations in 7 CFR part 340 because it contains gene sequences from
the plant pathogen Agrobacterium tumefaciens. This cotton event has
been field tested since 2000 in the United States under APHIS
notifications. In the process of reviewing the notifications for field
trials of the subject cotton, APHIS determined that the vector was
disarmed and that the trials, which were conducted under conditions of
reproductive and physical confinement or isolation, would not present a
risk of plant pest introduction or dissemination.
Determination
Based on its analysis of the data submitted by Syngenta Seeds,
Inc., a review of other scientific data, field tests of the subject
cotton, and comments submitted by the public, APHIS has determined that
COT102 cotton: (1) Exhibits no plant pathogenic properties; (2) is no
more likely to become weedy than the nontransgenic parental line or
other cultivated cotton; (3) is unlikely to increase the weediness
potential of any other cultivated or wild species with which it can
interbreed; (4) will not cause damage to raw or processed agricultural
commodities; (5) will not harm threatened or endangered species or
organisms that are beneficial to agriculture; and (6) should not reduce
the ability to control pests and weeds in cotton or other crops.
Therefore, APHIS has concluded that the subject cotton and any progeny
derived from hybrid crosses with other non-transformed cotton varieties
will be as safe to grow as cotton in traditional breeding programs that
are not subject to regulation under 7 CFR part 340. The effect of this
determination is that Syngenta's COT102 cotton is no longer considered
a regulated article under APHIS' regulations in 7 CFR part 340.
Therefore, the requirements pertaining to regulated articles under
those regulations no longer apply to the subject cotton or its progeny.
However, importation of COT102 cotton and seeds capable of propagation
are still subject to the restrictions found in APHIS' foreign
quarantine notices in 7 CFR part 319 and imported seed regulations in 7
CFR part 361.
National Environmental Policy Act
An EA was prepared to examine any potential environmental impacts
associated with the proposed determination of nonregulated status for
the subject cotton. The EA was prepared in accordance with (1) The
National Environmental Policy Act of 1969 (NEPA), as amended (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). Based on that EA,
APHIS has reached a FONSI with regard to the determination that
Syngenta's COT102 cotton and lines developed from it are
[[Page 41681]]
no longer regulated articles under its regulations in 7 CFR part 340.
Copies of the EA and FONSI are available as indicated in the FOR
FURTHER INFORMATION CONTACT section of this notice.
Authority: 7 U.S.C. 1622n and 7701-7772; 31 U.S.C. 9701; 7 CFR
2.22, 2.80, and 371.3.
Done in Washington, DC, this 14th day of July 2005.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 05-14263 Filed 7-19-05; 8:45 am]
BILLING CODE 3410-34-P
