[Federal Register Volume 66, Number 75 (Wednesday, April 18, 2001)]
[Notices]
[Pages 19915-19916]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-9626]


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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 
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 delegations of authority, filing of petitions and applications and agency 
 statements of organization and functions are examples of documents 
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  Federal Register / Vol. 66, No. 75 / Wednesday, April 18, 2001 / 
Notices  

[[Page 19915]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. 00-070-2]


Mycogen c/o Dow and Pioneer; Availability of Environmental 
Assessment for Determination of Nonregulated Status

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice.

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SUMMARY: We are advising the public that an environmental assessment 
has been prepared for a proposed determination that corn line developed 
by Mycogen Seeds c/o Dow AgroSciences LLC and Pioneer Hi-Bred 
International, Inc., and designated as line 1507, which has been 
genetically engineered for insect resistance and tolerance to the 
herbicide glufosinate, would no longer be considered a regulated 
article under our regulations governing the introduction of certain 
genetically engineered organisms. We are making this environmental 
assessment available to the public for review and comment.

DATES: We will consider all comments that we receive by May 18, 2001.

ADDRESSES: Please send four copies of your comment (an original and 
three copies) to: Docket No. 00-070-2, Regulatory Analysis and 
Development, PPD, APHIS, Suite 3C03, 4700 River Road Unit 118, 
Riverdale, MD 20737-1238. Please state that your comment refers to 
Docket No. 00-070-2.
    You may read the petition for a determination of nonregulated 
status submitted by Mycogen Seeds c/o Dow AgroSciences LLC and Pioneer 
Hi-Bred International, Inc., the environmental assessment, and any 
comments we receive on this notice of availability 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.
    APHIS documents published in the Federal Register, and related 
information, including the names of organizations and individuals who 
have commented on APHIS dockets, are available on the Internet at 
http://www.aphis.usda.gov/ppd/rad/webrepor.html.

FOR FURTHER INFORMATION CONTACT: Dr. Susan Koehler, Biotechnology 
Assessments Section, PPQ, APHIS, Suite 5B05, 4700 River Road Unit 147, 
Riverdale, MD 20737-1236; (301) 734-4886. To obtain a copy of the 
environmental assessment, contact Ms. Kay Peterson at (301) 734-4885; 
e-mail: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    On May 15, 2000, the Animal and Plant Health Inspection Service 
(APHIS) received a petition (APHIS Petition No. 00-136-01p) from 
Mycogen Seeds c/o Dow AgroSciences LLC (Mycogen c/o Dow) of 
Indianapolis, IN, and Pioneer Hi-Bred International, Inc. (Pioneer) of 
Johnston, IA, seeking a determination that a corn line designated as 
Zea mays L. cultivar line 1507 (line 1507), which has been genetically 
engineered for resistance to certain lepidopteran insect species and 
tolerance to the herbicide glufosinate, does not present a plant pest 
risk and, therefore, is not a regulated article under APHIS' 
regulations in 7 CFR part 340.
    On September 6, 2000, APHIS published a notice in the Federal 
Register (65 FR 53976-53977, Docket no. 00-070-1) announcing that the 
Mycogen c/o Dow and Pioneer 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 corn line and food products 
derived from it. In the notice, APHIS solicited written comments from 
the public as to whether corn line 1507 posed a plant pest risk. The 
comments were to have been received by APHIS on or before November 6, 
2000. APHIS received no comments on the subject petition during the 
designated 60-day comment period.
    Corn line 1507 has been genetically engineered to express a Cry1F 
insecticidal protein derived from the common soil bacterium, Bacillus 
thuringiensis subsp. aizawai (Bt aizawai). The Cry1F protein is said to 
be effective in controlling the larvae of such common pests of corn as 
European corn borer, southwestern corn borer, black cutworm, and fall 
armyworm. The subject corn line also contains the pat gene derived from 
the bacterium Streptomyces viridochromogenes. The pat gene encodes the 
phosphinothricin acetyltransferase (PAT) protein, which confers 
tolerance to the herbicide glufosinate. Expression of these added genes 
is controlled in part by gene sequences from the plant pathogens 
cauliflower mosaic virus and Agrobacterium tumefaciens. Microprojectile 
bombardment was used to transfer the added genes into the recipient 
inbred corn line Hi-II.
    Corn line 1507 has been considered a regulated article under the 
regulations in 7 CFR part 340 because it contains gene sequences from 
plant pathogens. Field tests of the subject corn line have been 
conducted since 1997 under APHIS notifications under confined 
conditions. If the Mycogen c/o Dow and Pioneer petition for a 
determination of nonregulated status is approved, corn line 1507 would 
no longer be considered a regulated article under APHIS' regulations in 
7 CFR part 340 and the requirements pertaining to regulated articles 
under those regulations would no longer apply to the subject corn line 
or its progeny.
    To provide the public with documentation of APHIS' review and 
analysis of the environmental impacts and plant pest risk associated 
with a determination of nonregulated status for the Mycogen c/o Dow and 
Pioneer corn line 1507, an environmental assessment (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

[[Page 19916]]

Implementing Procedures (7 CFR part 372).

    Done in Washington, DC, this 12th day of April 2001.
Bobby R. Acord,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 01-9626 Filed 4-17-01; 8:45 am]
BILLING CODE 3410-34-P