[Federal Register Volume 71, Number 99 (Tuesday, May 23, 2006)]
[Notices]
[Pages 29606-29607]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-7820]


-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2006-0022]


Availability of an Environmental Assessment and Finding of No 
Significant Impact for a Field Trial of Genetically Engineered 
Bahiagrass

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: We are advising the public that an environmental assessment 
has been prepared for a proposed field trial using two transgenic grass 
lines. The trial consists of Argentine bahiagrass plants that are 
genetically engineered to express resistance to the herbicide 
glufosinate and resistance to the antibiotic kanamycin. Each of 4 sets 
of 12 genetically engineered bahiagrass plants will be encircled with a 
ring of several untransformed cultivars of bahiagrass. The purpose of 
the field trial is to study the likelihood of hybrid formation as a 
result of pollen movement from the transgenic plants to the 
nontransgenic plants. Data gained from this field experiment also will 
be used to evaluate current confinement practices for this species of 
transgenic grass. After assessment of the application and review of the 
relevant scientific information, we have concluded that this field test 
will not present a risk of introducing or disseminating a plant pest. 
We have completed an environmental assessment and have concluded that 
this field test 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 this field 
test.

DATES: Effective Date: May 23, 2006.

ADDRESSES: You may read the environmental assessment (EA) and the 
finding of no significant impact (FONSI) 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 are 
available on the Internet at http://www.aphis.usda.gov/brs/aphisdocs/05_29402r_ea.pdf.

FOR FURTHER INFORMATION CONTACT: Dr. Patricia Beetham, Biotechnology 
Regulatory Services, APHIS, Suite 6B81, 4700 River Road Unit 147, 
Riverdale, MD 20737-1236; (301) 734-0664. To obtain copies of the EA 
and FONSI, contact Ms. Ingrid Berlanger at (301) 734-4885; e-mail: 
[email protected].

SUPPLEMENTARY INFORMATION: Under 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,'' the Animal and Plant Health Inspection 
Service (APHIS) regulates, 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

[[Page 29607]]

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 21, 2005, APHIS received a permit application (APHIS No. 
05-294-02r) from the University of Florida in Marianna, FL, for a field 
trial using lines of transgenic Argentine bahiagrass. Permit 
application 05-294-02r describes two transgenic lines of Argentine 
bahiagrass, Paspalum notatum Flugge cv. Argentine:
    Line `B9' has been genetically engineered to express the 
phosphinothricin acetyl transferase (bar) gene from Streptomyces 
hygroscopicus, which confers resistance to glufosinate herbicides. 
Expression of this gene is controlled by the polyubiquitin (ubi) 
promoter, ubi 5' flanking region and the ubi first intron sequences 
from Zea mays,  and the 35S 3' region from Cauliflower Mosaic Virus 
(CaMV).
    In addition to the gene sequences above, line `P' has also been 
genetically engineered to express the neomycin phosphotransferase gene 
(nptII) from Escherichia coli, which confers resistance to the 
antibiotic kanamycin. Expression of this gene is controlled by the 
enhanced 35S promoter from CaMV, heat shock protein 70 (HSP70) intron 
from Zea mays, and the 35S 3' region from CaMV.
    Constructs were inserted into the recipient organisms by 
microprojectile bombardment.
    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 field 
test is for research on transgenic bahiagrass plants, particularly to 
investigate the frequency of cross-hybridization between transgenic 
Argentine bahiagrass with different bahiagrass cultivars under field 
conditions. 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 this grass 
species.
    On March 7, 2006, APHIS published a notice \1\ in the Federal 
Register (71 FR 11372-11373, Docket No. APHIS-2006-0022) announcing the 
availability of an environmental assessment (EA) for the proposed field 
trial. During the 30-day comment period, APHIS received no comments. 
Only typographical errors in the EA have been corrected since its draft 
form, and these do not change the substance of the EA.
---------------------------------------------------------------------------

    \1\ To view the notice and EA, go to http://www.regulations.gov, 
click on the ``Advanced Search'' tab, and select ``Docket Search.'' 
In the Docket ID field, enter APHIS-2006-0022, 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.
---------------------------------------------------------------------------

    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 finding of no significant impact (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 17th day of May 2006.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
 [FR Doc. E6-7820 Filed 5-22-06; 8:45 am]
BILLING CODE 3410-34-P