Syngenta Seeds, Inc.; Determination of Nonregulated Status for Corn Genetically Engineered To Produce an Enzyme That Facilitates Ethanol Production, 8707-8708 [2011-3504]

Download as PDF 8707 Notices Federal Register Vol. 76, No. 31 Tuesday, February 15, 2011 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. DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service [Docket No. APHIS–2007–0016] Syngenta Seeds, Inc.; Determination of Nonregulated Status for Corn Genetically Engineered To Produce an Enzyme That Facilitates Ethanol Production Animal and Plant Health Inspection Service, USDA. ACTION: Notice. AGENCY: We are advising the public of our determination that a corn line developed by Syngenta Seeds, Inc., designated as transformation event 3272, which has been genetically engineered to produce a microbial enzyme that facilitates ethanol production, 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 available scientific data, and comments received from the public in response to our previous notice announcing the availability of 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 and finding of no significant impact. DATES: Effective Date: February 15, 2011. jdjones on DSK8KYBLC1PROD with NOTICES SUMMARY: 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 ADDRESSES: VerDate Mar<15>2010 15:51 Feb 14, 2011 Jkt 223001 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 notices and the comments we received on the Regulations.gov Web site at https:// www.regulations.gov/fdmspublic/ component/main?main= DocketDetail&d=APHIS–2007–0016. 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. Andrea Huberty, Biotechnology Regulatory Services, APHIS, 4700 River Road, Unit 146, Riverdale, MD 20737– 1236; (301) 734–0485, email: andrea.f.huberty@aphis.usda.gov. To obtain copies of the documents referenced in this notice, contact Ms. Cindy Eck at (301) 734–0667, e-mail: 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 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 October 7, 2005, APHIS received a petition seeking a determination of nonregulated status (APHIS Petition No. 05–280–01p) from Syngenta Seeds, Inc., of Research Triangle Park, NC PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 (Syngenta), for corn (Zea mays L.) designated as transformation event 3272, which has been genetically engineered to produce a microbial enzyme that facilitates ethanol production. The petition stated that Event 3272 corn 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 November 19, 2008 (73 FR 69602–69604, Docket No. APHIS–2007– 0016), APHIS announced the availability of the Syngenta petition and a draft environmental assessment (EA) for public comment. APHIS solicited comments on the petition, whether the subject corn is likely to pose a plant pest risk, and on the draft EA for 60 days ending on January 20, 2009. In a subsequent notice published in the Federal Register on June 4, 2009 (74 FR 26832–26835, Docket No. APHIS–2007– 0016), we reopened the comment period until July 6, 2009. APHIS received over 13,000 comments during the comment period, most of which conveyed opposition to the deregulation of the Event 3272 corn. 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 Event 3272 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 our EA, the response to public comments, and other pertinent scientific data, APHIS has reached a 1 To view the notice, petition, draft EA, the plant pest risk assessment and the comments we received, go to https://www.regulations.gov/ fdmspublic/component/main?main= DocketDetail&d=APHIS–2007–0016. E:\FR\FM\15FEN1.SGM 15FEN1 8708 Federal Register / Vol. 76, No. 31 / Tuesday, February 15, 2011 / Notices finding of no significant impact with regard to the preferred alternative identified in the EA. 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 Event 3272 corn is unlikely to 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. Done in Washington, DC, this 11th day of February 2011. Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. 2011–3504 Filed 2–14–11; 8:45 am] BILLING CODE 3410–34–P DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service [Docket No. APHIS–2010–0108] Availability of an Environmental Assessment and Finding of No Significant Impact for a Biological Control Agent for Arundo donax Animal and Plant Health Inspection Service, USDA. ACTION: Notice. AGENCY: We are advising the public that a final environmental assessment and finding of no significant impact have been prepared by the Animal and Plant Health Inspection Service relative to a proposed biological control program for Arundo donax (giant reed, Carrizo cane). The environmental assessment documents our review and analysis of environmental impacts associated with the proposed biological control program. Based on its finding of no significant impact, the Animal and Plant Health Inspection Service has determined that an environmental impact statement need not be prepared. jdjones on DSK8KYBLC1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 15:51 Feb 14, 2011 Jkt 223001 Dr. Shirley A. Wager-Page, Chief, Pest Permitting Branch, PPQ, APHIS, 4700 River Road Unit 133, Riverdale, MD 20737–1237; (301) 734–8453. SUPPLEMENTARY INFORMATION: FOR FURTHER INFORMATION CONTACT: Background Arundo donax is a highly invasive, bamboo-like weed that was introduced to North America in the early 1500s for its fiber uses. It is among the fastest growing plants in the continental United States, making it a severe threat to riparian habitats and irrigation canals of the Rio Grande River Basin and the Southwestern United States, where it causes erosion, damages bridges, alters channel morphology, increases costs for chemical and mechanical control along transportation corridors, and impedes law enforcement activities along international borders. A. donax also consumes excessive amounts of water in arid regions where scarce water supplies are critical to the environment, agriculture, and municipal users. Existing A. donax management options include herbicides, prescribed fires, biomass removal, and other control methods, but these measures are expensive, temporary, and have impacts on species other than A. donax. The proposed biological control agent, Arundo scale (Rhizaspidiotus donacis (Hemiptera: Diaspididae)), is one of the most damaging insects to A. donax in its native range. Arundo scale attacks the rhizome and developing underground buds of A. donax by feeding on cells that carry out photosynthesis and cellular respiration, resulting over time in gradual thinning, leaf reduction, and a sickly, yellowish-clouded appearance of the weed. While Arundo scale may not be singularly successful in reducing the A. donax population in the continental United States, its use is expected to be effective in combination with other control methods or biological control agents that may be released in the future. On November 12, 2010, we published in the Federal Register (75 FR 69396, Docket No. APHIS–2010–0108) a notice 1 announcing the availability for public review and comment of an environmental assessment (EA), in which we considered the effects of, and alternatives to, the release of Arundo scale into the continental United States for use as a biological control agent to reduce the severity of A. donax 1 To view the notice, the environmental assessment, the finding of no significant impact, and the comments we received, go to https:// www.regulations.gov/fdmspublic/component/ main?main=DocketDetail&d=APHIS–2010–0108. PO 00000 Frm 00002 Fmt 4703 Sfmt 9990 infestations. The EA evaluated two alternatives: (1) No action and (2) a biological control program (the preferred action). We solicited comments concerning the environmental assessment for 30 days ending December 13, 2010. We received 12 comments by that date from farmers, State and local government officials, scientists, and the general public. Eleven commenters were in favor of the release of Arundo scale. The remaining commenter expressed general disapproval of APHIS activities but did not provide any substantive concerns regarding Arundo scale that required additional consideration in the EA. In this document, we are advising the public of our decision and finding of no significant impact (FONSI) regarding a proposed program for the control of A. donax. This decision is based upon the final EA, entitled ‘‘Field Release of the Arundo Scale, Rhizaspidiotus donacis (Hemiptera: Diaspididae), an Insect for Biological Control of Arundo donax (Poaceae) in the Continental United States’’ (December 2010). The EA and FONSI may be viewed on the Regulations.gov Web site (see footnote 1). Copies of the EA and FONSI are also available for public inspection 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 copies are requested to call ahead on (202) 690–2817 to facilitate entry into the reading room. In addition, copies may be obtained by writing to the individual listed under FOR FURTHER INFORMATION CONTACT. The EA and FONSI have been 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). Done in Washington, DC, this 9th day of February 2011. Kevin Shea, Acting Administrator, Animal and Plant Health Inspection Service. [FR Doc. 2011–3368 Filed 2–14–11; 8:45 am] BILLING CODE 3410–34–P E:\FR\FM\15FEN1.SGM 15FEN1

Agencies

[Federal Register Volume 76, Number 31 (Tuesday, February 15, 2011)]
[Notices]
[Pages 8707-8708]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-3504]


========================================================================
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.

========================================================================


Federal Register / Vol. 76, No. 31 / Tuesday, February 15, 2011 / 
Notices

[[Page 8707]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2007-0016]


Syngenta Seeds, Inc.; Determination of Nonregulated Status for 
Corn Genetically Engineered To Produce an Enzyme That Facilitates 
Ethanol Production

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 Seeds, Inc., designated as transformation 
event 3272, which has been genetically engineered to produce a 
microbial enzyme that facilitates ethanol production, 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 available scientific data, and comments 
received from the public in response to our previous notice announcing 
the availability of 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 and finding of no significant impact.

DATES: Effective Date: February 15, 2011.

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 
notices and the comments we received on the Regulations.gov Web site at 
https://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2007-0016.
    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. Andrea Huberty, Biotechnology 
Regulatory Services, APHIS, 4700 River Road, Unit 146, Riverdale, MD 
20737-1236; (301) 734-0485, email: andrea.f.huberty@aphis.usda.gov. To 
obtain copies of the documents referenced in this notice, contact Ms. 
Cindy Eck at (301) 734-0667, e-mail: 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 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 October 7, 2005, APHIS received a petition seeking a 
determination of nonregulated status (APHIS Petition No. 05-280-01p) 
from Syngenta Seeds, Inc., of Research Triangle Park, NC (Syngenta), 
for corn (Zea mays L.) designated as transformation event 3272, which 
has been genetically engineered to produce a microbial enzyme that 
facilitates ethanol production. The petition stated that Event 3272 
corn 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 November 19, 
2008 (73 FR 69602-69604, Docket No. APHIS-2007-0016), APHIS announced 
the availability of the Syngenta petition and a draft environmental 
assessment (EA) for public comment. APHIS solicited comments on the 
petition, whether the subject corn is likely to pose a plant pest risk, 
and on the draft EA for 60 days ending on January 20, 2009. In a 
subsequent notice published in the Federal Register on June 4, 2009 (74 
FR 26832-26835, Docket No. APHIS-2007-0016), we reopened the comment 
period until July 6, 2009.
---------------------------------------------------------------------------

    \1\ To view the notice, petition, draft EA, the plant pest risk 
assessment and the comments we received, go to https://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=APHIS-2007-0016.
---------------------------------------------------------------------------

    APHIS received over 13,000 comments during the comment period, most 
of which conveyed opposition to the deregulation of the Event 3272 
corn. 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 Event 3272 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 our EA, 
the response to public comments, and other pertinent scientific data, 
APHIS has reached a

[[Page 8708]]

finding of no significant impact with regard to the preferred 
alternative identified in the EA.

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 Event 3272 corn 
is unlikely to 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.

    Done in Washington, DC, this 11th day of February 2011.
Kevin Shea,
 Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2011-3504 Filed 2-14-11; 8:45 am]
BILLING CODE 3410-34-P

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