[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
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 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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