Syngenta Biotechnology, Inc.; Determination of Nonregulated Status for Corn Genetically Engineered for Insect Resistance, 20560-20561 [2010-9198]
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20560
Federal Register / Vol. 75, No. 75 / Tuesday, April 20, 2010 / Notices
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
[Docket No. APHIS-2009-0072]
Syngenta Biotechnology, Inc.;
Determination of Nonregulated Status
for Corn Genetically Engineered for
Insect Resistance
AGENCY: Animal and Plant Health
Inspection Service, USDA.
ACTION: Notice.
We are advising the public of
our determination that a corn line
developed by Syngenta Biotechnology,
Inc., designated as transformation event
MIR162, 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 Biotechnology, Inc., in its
petition for a determination of
nonregulated status, our analysis of
other scientific data, and our response
to comments received from the public
on the petition for nonregulated status
and its associated environmental
assessment and plant pest risk
assessment. This notice also announces
the availability of our written
determination of nonregulated status
and finding of no significant impact.
EFFECTIVE DATE: April 20, 2010.
ADDRESSES: You may read the
documents referenced in this notice and
the comments we received 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. Those documents are also
available on the Internet at (https://
www.aphis.usda.gov/brs/not_reg.html)
and are posted with the previous notice
and the comments we received on the
Regulations.gov Web site at (https://
www.regulations.gov/fdmspublic/
component/main?main=DocketDetail
&d=APHIS-2009-0072).
Other Information: Additional
information about APHIS and its
programs is available on the Internet at
(https://www.aphis.usda.gov).
FOR FURTHER INFORMATION CONTACT: Dr.
Subray Hegde, Biotechnology
Regulatory Services, APHIS, 4700 River
erowe on DSK5CLS3C1PROD with NOTICES
SUMMARY:
VerDate Nov<24>2008
14:55 Apr 19, 2010
Jkt 220001
Road Unit 147, Riverdale, MD 207371236; (301) 734-0810, email:
(subray.hegde@aphis.usda.gov). To
obtain copies of the documents
referenced in this notice, contact Ms.
Cindy Eck at (301) 734-0667, email:
(cynthia.a.eck@aphis.usda.gov).
SUPPLEMENTARY INFORMATION:
Background
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 may be 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 September 10, 2007, APHIS
received a petition seeking a
determination of nonregulated status
(APHIS Petition Number 07-253-01p)
from Syngenta Biotechnology, Inc., of
Research Triangle Park, NC (Syngenta),
for corn (Zea mays L.) designated as
transformation event MIR162, which
has been genetically engineered for
insect resistance, stating that corn line
MIR162 is unlikely to pose a plant pest
risk and, therefore, should not be a
regulated article under APHIS’
regulations in 7 CFR part 340.
In a notice1 published in the Federal
Register on January 13, 2010 (75 FR
1749-1751, Docket No. APHIS-20090072), APHIS announced the
availability of Syngenta’s petition and
the associated draft environmental
assessment (EA) and plant pest risk
assessment for public comment. APHIS
solicited comments for 60 days ending
on March 15, 2010, on whether the
genetically engineered corn is or could
1 To view the notice, petition, EA, risk
assessment, and the comments we received, go to
(https://www.regulations.gov/fdmspublic/
component/main?main=DocketDetail&d=APHIS2009-0072).
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
be a plant pest and on the EA and the
risk assessment.
APHIS received 35 comments during
the comment period. There were 19
comments from groups or individuals
who supported deregulation and 13
from those who opposed deregulation.
APHIS has addressed the issues raised
during the comment period and has
provided responses to these comments
as an attachment to the finding of no
significant impact.
National Environmental Policy Act
To provide the public with
documentation of APHIS’ review and
analysis of any potential environmental
impacts associated with the
determination of nonregulated status for
Syngenta’s MIR162 corn, an EA has
been prepared. 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, the response to
public comments, and other pertinent
scientific data, APHIS has reached a
finding of no significant impact with
regard to the preferred alternative
identified in the EA, i.e., that Syngenta’s
MIR162 corn line and lines developed
from it should not result in any
significant impacts once they are
granted nonregulated status and are no
longer regulated articles under its
regulations in 7 CFR part 340.
Determination
Based on APHIS’ analysis of field,
greenhouse, and laboratory data
submitted by Syngenta, references
provided in the petition, information
analyzed in the EA, the plant pest risk
assessment, comments provided by the
public, and information provided in
APHIS’ response to those public
comments, APHIS has determined that
Syngenta’s MIR162 corn will not pose a
plant pest risk and should be granted
nonregulated status.
Copies of the signed determination
document, as well as copies of the
petition, plant pest risk assessment, EA,
finding of no significant impact, and
response to comments are available as
indicated in the ADDRESSES and FOR
FURTHER INFORMATION CONTACT sections
of this notice.
Authority: 7 U.S.C. 7701-7772 and 77817786; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and
371.3.
E:\FR\FM\20APN1.SGM
20APN1
Federal Register / Vol. 75, No. 75 / Tuesday, April 20, 2010 / Notices
Done in Washington, DC, this 16th day
of April 2010.
Cindy J. Smith
Administrator, Animal and Plant Health
Inspection Service.
[FR Doc. 2010–9198 Filed 4–16–10; 4:15 pm]
BILLING CODE 3410–34–S
DEPARTMENT OF COMMERCE
erowe on DSK5CLS3C1PROD with NOTICES
Submission for OMB Review;
Comment Request
The Department of Commerce will
submit to the Office of Management and
Budget (OMB) for clearance the
following proposal for collection of
information under the provisions of the
Paperwork Reduction Act (44 U.S.C.
Chapter 35).
Agency: National
Telecommunications and Information
Administration (NTIA).
Title: State Broadband Data and
Development Grant Program.
OMB Control Number: 0660–0032.
Form Number(s): None.
Type of Request: Regular submission
(extension of a currently approved
collection).
Number of Respondents: 56
respondents and 2,000 subrespondents.
Average Hours per Response: 3,120
hours for respondents and 50 hours for
subrespondents.
Burden Hours: 549,440.
Needs and Uses: The State Broadband
Data and Development (SBDD) Grant
Program implements the joint goals of
the American Recovery and
Reinvestment Act of 2009 and the
Broadband Data Improvement Act by
assisting, through grants, states or their
designees in gathering and verifying
state-specific data on the availability,
speed, location, technology and
infrastructure of broadband services.
The data will be used to develop
publicly available state-wide broadband
maps and to help populate the
comprehensive and searchable national
broadband map that NTIA is required
under the Recovery Act to create and
make publicly available by February 17,
2011.
Affected Public: States, Territories
and the District of Columbia, or their
designees. Subrespondents include
facilities-based providers of broadband
connections, incumbent and
competitive local exchange carriers,
facilities-based mobile telephony
service providers, and wireless Internet
service providers.
Frequency: Semi-annually.
Respondent’s Obligation: Required to
retain benefits.
VerDate Nov<24>2008
14:55 Apr 19, 2010
Jkt 220001
OMB Desk Officer: Nicholas Fraser,
(202) 395–5887.
Copies of the above information
collection proposal can be obtained by
calling or writing Diana Hynek,
Departmental Paperwork Clearance
Officer, (202) 482–0266, Department of
Commerce, Room 6625, 14th and
Constitution Avenue, NW., Washington,
DC 20230 (or via the Internet at
dHynek@doc.gov).
Written comments and
recommendations for the proposed
information collection should be sent
within 30 days of publication of this
notice to Nicholas Fraser, OMB Desk
Officer, FAX number (202) 395–5806, or
via the Internet at
Nicholas_A._Fraser@omb.eop.gov.
Dated: April 15, 2010.
Gwellnar Banks,
Management Analyst, Office of the Chief
Information Officer.
[FR Doc. 2010–9058 Filed 4–19–10; 8:45 am]
BILLING CODE 3510–06–P
DEPARTMENT OF COMMERCE
Patent and Trademark Office
Patent Term Extension
ACTION: Proposed collection; comment
request.
SUMMARY: The United States Patent and
Trademark Office (USPTO), as part of its
continuing effort to reduce paperwork
and respondent burden, invites the
general public and other Federal
agencies to take this opportunity to
comment on the continuing information
collection, as required by the Paperwork
Reduction Act of 1995, Public Law 104–
13 (44 U.S.C. 3506(c)(2)(A)).
DATES: Written comments must be
submitted on or before June 21, 2010.
ADDRESSES: You may submit comments
by any of the following methods:
• E-mail:
InformationCollection@uspto.gov.
Include A0651–0020 comment@ in the
subject line of the message.
• Fax: 571–273–0112, marked to the
attention of Susan Fawcett.
• Mail: Susan K. Fawcett, Records
Officer, Office of the Chief Information
Officer, United States Patent and
Trademark Office, P.O. Box 1450,
Alexandria, VA 22313–1450.
• Federal Rulemaking Portal: https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Requests for additional information
should be directed to Raul Tamayo,
Legal Advisor, Office of Patent Legal
Administration, United States Patent
PO 00000
Frm 00007
Fmt 4703
Sfmt 4703
20561
and Trademark Office, P.O. Box 1450,
Alexandria, VA 22313–1450; by
telephone at 571–272–7728; or by e-mail
to Raul.Tamayo@uspto.gov.
SUPPLEMENTARY INFORMATION:
I. Abstract
The Federal Food, Drug, and Cosmetic
Act at 35 U.S.C. 156 permits the United
States Patent and Trademark Office
(USPTO) to restore the patent term lost
due to certain types of regulatory review
by the Federal Food and Drug
Administration or the Department of
Agriculture. Only patents for drug
products, medical devices, food
additives, and color additives are
eligible for extension. The maximum
length that a patent may be extended in
order to restore the lost portion of the
patent term is five years.
The USPTO may in some cases extend
the term of an original patent due to
certain delays in the prosecution of the
patent application, including delays
caused by interference proceedings,
secrecy orders, or appellate review by
the Board of Patent Appeals and
Interferences or a Federal court in
which the patent is issued pursuant to
a decision reversing an adverse
determination of patentability. The
patent term provisions of 35 U.S.C.
154(b), as amended by Title IV, Subtitle
D of the Intellectual Property and
Communications Omnibus Reform Act
of 1999, require the USPTO to notify the
applicant of the patent term adjustment
in the notice of allowance and give the
applicant an opportunity to request
reconsideration of the USPTO’s patent
term adjustment determination.
The USPTO may also reduce the
amount of patent term adjustment
granted if delays were caused by an
applicant’s failure to make a reasonable
effort to respond within three months of
the mailing date of a communication
from the USPTO. Applicants may
petition for reinstatement of a reduction
in patent term adjustment with a
showing that, in spite of all due care,
the applicant was unable to respond to
a communication from the USPTO
within the three month period.
The USPTO administers 35 U.S.C. 154
and 156 through 37 CFR 1.701–1.791.
These rules permit the public to submit
applications to the USPTO to extend the
term of a patent past its original
expiration date, to request interim
extensions and review of final eligibility
decisions, and to withdraw an
application requesting a patent term
extension after it is submitted. Under 35
U.S.C. 156(d), an application for patent
term extension must identify the
approved product, the patent to be
extended, and the claims included in
E:\FR\FM\20APN1.SGM
20APN1
Agencies
[Federal Register Volume 75, Number 75 (Tuesday, April 20, 2010)]
[Notices]
[Pages 20560-20561]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-9198]
[[Page 20560]]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
[Docket No. APHIS-2009-0072]
Syngenta Biotechnology, Inc.; Determination of Nonregulated
Status for Corn 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 a corn
line developed by Syngenta Biotechnology, Inc., designated as
transformation event MIR162, 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 Biotechnology, Inc., in its petition for a
determination of nonregulated status, our analysis of other scientific
data, and our response to comments received from the public on the
petition for nonregulated status and its associated environmental
assessment and plant pest risk assessment. This notice also announces
the availability of our written determination of nonregulated status
and finding of no significant impact.
EFFECTIVE DATE: April 20, 2010.
ADDRESSES: You may read the documents referenced in this notice and the
comments we received 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. Those
documents are also available on the Internet at (https://www.aphis.usda.gov/brs/not_reg.html) and are posted with the previous
notice and the comments we received on the Regulations.gov Web site at
(https://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2009-0072).
Other Information: Additional information about APHIS and its
programs is available on the Internet at (https://www.aphis.usda.gov).
FOR FURTHER INFORMATION CONTACT: Dr. Subray Hegde, Biotechnology
Regulatory Services, APHIS, 4700 River Road Unit 147, Riverdale, MD
20737-1236; (301) 734-0810, email: (subray.hegde@aphis.usda.gov). To
obtain copies of the documents referenced in this notice, contact Ms.
Cindy Eck at (301) 734-0667, email: (cynthia.a.eck@aphis.usda.gov).
SUPPLEMENTARY INFORMATION:
Background
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 may be 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 September 10, 2007, APHIS received a petition seeking a
determination of nonregulated status (APHIS Petition Number 07-253-01p)
from Syngenta Biotechnology, Inc., of Research Triangle Park, NC
(Syngenta), for corn (Zea mays L.) designated as transformation event
MIR162, which has been genetically engineered for insect resistance,
stating that corn line MIR162 is unlikely to pose a plant pest risk
and, therefore, should not be a regulated article under APHIS'
regulations in 7 CFR part 340.
In a notice\1\ published in the Federal Register on January 13,
2010 (75 FR 1749-1751, Docket No. APHIS-2009-0072), APHIS announced the
availability of Syngenta's petition and the associated draft
environmental assessment (EA) and plant pest risk assessment for public
comment. APHIS solicited comments for 60 days ending on March 15, 2010,
on whether the genetically engineered corn is or could be a plant pest
and on the EA and the risk assessment.
---------------------------------------------------------------------------
\1\ To view the notice, petition, EA, risk assessment, and the
comments we received, go to (https://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2009-0072).
---------------------------------------------------------------------------
APHIS received 35 comments during the comment period. There were 19
comments from groups or individuals who supported deregulation and 13
from those who opposed deregulation. APHIS has addressed the issues
raised during the comment period and has provided responses to these
comments as an attachment to the finding of no significant impact.
National Environmental Policy Act
To provide the public with documentation of APHIS' review and
analysis of any potential environmental impacts associated with the
determination of nonregulated status for Syngenta's MIR162 corn, an EA
has been prepared. 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,
the response to public comments, and other pertinent scientific data,
APHIS has reached a finding of no significant impact with regard to the
preferred alternative identified in the EA, i.e., that Syngenta's
MIR162 corn line and lines developed from it should not result in any
significant impacts once they are granted nonregulated status and are
no longer regulated articles under its regulations in 7 CFR part 340.
Determination
Based on APHIS' analysis of field, greenhouse, and laboratory data
submitted by Syngenta, references provided in the petition, information
analyzed in the EA, the plant pest risk assessment, comments provided
by the public, and information provided in APHIS' response to those
public comments, APHIS has determined that Syngenta's MIR162 corn will
not pose a plant pest risk and should be granted nonregulated status.
Copies of the signed determination document, as well as copies of
the petition, plant pest risk assessment, EA, finding of no significant
impact, and response to comments are available as indicated in the
ADDRESSES and FOR FURTHER INFORMATION CONTACT sections of this notice.
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 20561]]
Done in Washington, DC, this 16\th\ day of April 2010.
Cindy J. Smith
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2010-9198 Filed 4-16-10; 4:15 pm]
BILLING CODE 3410-34-S