[Federal Register Volume 71, Number 72 (Friday, April 14, 2006)]
[Notices]
[Pages 19477-19478]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-5572]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2006-0016]


Availability of an Environmental Assessment and Finding of No 
Significant Impact for a Field Release of Genetically Engineered Tall 
Fescue and Genetically Engineered Italian Ryegrass

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 field trial using three transgenic 
grass lines. The trial consists of tall fescue plants that are 
genetically engineered for hygromycin resistance and that express the 
marker beta-glucuronidase; Italian ryegrass plants that are genetically 
engineered for hygromycin resistance; and Italian ryegrass plants that 
are genetically engineered to lower the expression of the pollen 
allergen gene, Lol p1, that are also hygromycin resistant, and express 
the marker beta-glucuronidase. The purpose of the field trial is to 
study pollen viability, outcrossing, and hybridization between the two 
types of grasses. The study will also examine the effect of down-
regulating the Lol p1 gene. Data gained from this field experiment will 
also be used to evaluate current confinement practices for these 
species of transgenic grasses. After assessment of the application, 
review of the relevant scientific information, and consideration of 
comments provided by the public, we have concluded that these field 
tests will not present a risk of introducing or disseminating a plant 
pest. We have completed an environmental assessment and have concluded 
that these field tests will not have a significant impact on the 
quality of the human environment. 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 
for these field tests.

EFFECTIVE DATE: April 14, 2006.

ADDRESSES: You may read the environmental assessment (EA), the finding 
of no significant impact (FONSI), and any comments that we received on 
Docket No. APHIS-2006-0016 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. 
The EA, FONSI and decision notice, and responses to comments are 
available on the Internet at http://www.aphis.usda.gov/brs/aphisdocs/05_27801r_ea.pdf.

FOR FURTHER INFORMATION CONTACT: Dr. Andrea Huberty, Biotechnology 
Regulatory Services, APHIS, 4700 River Road Unit 147, Riverdale, MD 
20737-1236; (301) 734-0659. To obtain copies of the EA, FONSI, and 
response to comments, contact Ms. Ingrid Berlanger at (301) 734-4885; 
e-mail: [email protected].

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.'' A permit must be 
obtained or a notification acknowledged before a regulated article may 
be introduced. The regulations set forth the permit application 
requirements and the notification procedures for the importation, 
interstate movement, or release into the environment of a regulated 
article.
    On October 5, 2005, the Animal and Plant Health Inspection Service 
(APHIS) received permit applications (APHIS Nos. 05-278-01r and 05-278-
02r) from the Samuel Robert Noble Foundation in Ardmore, OK, for a 
field trial using three strains of transgenic grasses. The two permit 
applications are for three lines of transgenic grasses to be used in a 
single field trial.
    Permit application 05-278-01r describes a line of tall fescue, 
Festuca arundinacea, that has been genetically engineered to express 
beta-glucuronidase (gusA) derived from Escherichia coli. Expression of 
this gene is controlled by cauliflower mosaic virus (CaMV) 35S gene 
promoter and terminator sequences and a rice tungro virus (RTBV) 
intron. This regulated article also contains a separate insertion of a 
hygromycin phosphotransferase (hph) gene that is regulated by the rice 
actin promoter and intron sequences and the terminator from the CaMV 
35S gene.
    Permit application 05-278-02r describes two transgenic lines of 
Italian ryegrass (Lolium multiflorium). Both lines have the same hph 
gene construct as the regulated article described in permit application 
05-278-01r. One line of Italian ryegrass also contains an insertion of 
a second construct that codes for an antisense Lol p1 gene derived from 
perennial ryegrass (Lolium perenne), and a gusA gene derived from E. 
coli. The antisense Lol p1 gene is under the control of the Zea mays 
pollen specific Zm 13 promoter and a nos polyadenylation terminator 
sequence from Agrobacterium tumefaciens.
    The subject transgenic grasses are considered regulated articles 
under the regulations in 7 CFR part 340 because they were created using 
donor sequences from plant pests. The purpose of this proposed 
introduction is for research on transgenic tall fescue and Italian 
ryegrass plants, particularly to investigate:
     The distance transgenic pollen can travel and still remain 
viable;
     The frequency of pollination at different distances from 
the pollen source;
     The probability/frequency of cross-hybridization between 
transgenic tall fescue, transgenic Italian ryegrass, and related 
species under field conditions; and
     The effects of down-regulation of a major pollen allergen 
on pollen dispersal in transgenic Italian ryegrass.
    Additionally, the data gathered during this study will be used to 
assess the confined status of this field release and refine the 
confinement conditions necessary for future releases of these grass 
species.

[[Page 19478]]

    On February 13, 2006, APHIS published a notice \1\ in the Federal 
Register (70 FR 7504-7505, Docket No. APHIS-2006-0016) announcing the 
availability of an environmental assessment (EA) for the proposed field 
trial. During the 30-day comment period, APHIS received two comments. 
One comment was from an individual and the other was from a public 
interest group. Both commenters objected to the field release described 
in the EA. APHIS' response to those comments can be found as an 
attachment to the finding of no significant impact (FONSI) and decision 
notice.
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    \1\ To view the notice, EA, and the comments we received, go to 
http://www.regulations.gov, click on the ``Advanced Search'' tab, 
and select ``Docket Search.'' In the Docket ID field, enter APHIS-
2006-0016, then click on ``Submit.'' Clicking on the Docket ID link 
in the search results page will produce a list of all documents in 
the docket.
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    Pursuant to its regulations (7 CFR part 340) promulgated under the 
Plant Protection Act, APHIS has determined that this field trial will 
not pose a risk of the introduction or dissemination of a plant pest. 
Additionally, based upon analysis described in the EA, APHIS has 
determined that the action proposed in Alternative C of the EA, to 
issue the permit with additional permit conditions, will not have a 
significant impact on the quality of the human environment. You may 
read the FONSI and decision notice on the Internet or in the APHIS 
reading room (see ADDRESSES above).
    The EA and FONSI were 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). Copies of the EA 
and FONSI are available from the individual listed under FOR FURTHER 
INFORMATION CONTACT.

    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 10th day of April, 2006.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
 [FR Doc. E6-5572 Filed 4-13-06; 8:45 am]
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