[Federal Register Volume 72, Number 123 (Wednesday, June 27, 2007)]
[Notices]
[Pages 35215-35216]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-12532]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2007-0027]


ArborGen, LLC; Availability of an Environmental Assessment and 
Finding of No Significant Impact for a Controlled Release of 
Genetically Engineered Eucalyptus Hybrids

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice.

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SUMMARY: We are advising the public that the Animal and Plant Health 
Inspection Service has prepared an

[[Page 35216]]

environmental assessment for a proposed controlled field release of 
genetically engineered clones of Eucalyptus hybrids. The purpose of 
this release is to continue research on two constructs that confer cold 
tolerance from a previously approved notification and test the efficacy 
of a third, claimed as confidential business information. After 
assessing the application, reviewing pertinent scientific information, 
and considering comments provided by the public, we have concluded that 
this field release will not present a plant pest risk, nor will it 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 release.

DATES: Effective Date: June 28, 2007.

ADDRESSES: You may read the environmental assessment (EA), finding of 
no significant impact (FONSI), and any comments we received on the EA 
in our reading room, which 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/06_325111r_ea.pdf.

FOR FURTHER INFORMATION CONTACT: Dr. Levis Handley, Biotechnology 
Regulatory Services, APHIS, 4700 River Road Unit 147, Riverdale, MD 
20737-1236; (301) 734-5721. To obtain copies of the EA, FONSI, and 
response to comments, contact Ms. Cynthia Eck at (301) 734-0667; 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 in the environment of a regulated 
article.
    On November 21, 2006, the Animal and Plant Health Inspection 
Service (APHIS) received a permit application (APHIS No. 06-325-111r) 
from ArborGen, LLC, in Summerville, SC, for a controlled field release 
of genetically engineered Eucalyptus hybrids. Under this permit, trees 
planted under a previously approved notification (05-256-03n) would be 
allowed to flower.
    Permit application 06-325-111r describes Eucalyptus trees 
engineered with three constructs. Two of these constructs are intended 
to confer cold tolerance and the third genetic construct is claimed as 
confidential business information (CBI). In addition, the trees have 
been engineered with a selectable marker gene, also claimed as CBI. 
These DNA sequences were introduced into Eucalyptus trees using 
disarmed Agrobacterium tumefaciens. The subject Eucalyptus trees are 
considered regulated articles under the regulations in 7 CFR part 340 
because they were created using donor sequences from plant pests.
    On April 20, 2007, APHIS published a notice \1\ in the Federal 
Register (72 FR 19876-19877, Docket No. APHIS 2007-0027) announcing the 
availability of an environmental assessment (EA) for a controlled 
release of genetically engineered Eucalyptus hybrids. During the 30-day 
comment period, which ended May 21, 2007, APHIS received 270 comments. 
There were 153 comments supporting APHIS granting permit 06-325-111r, 
the majority of which were nearly identical form letters. Respondents 
supporting the approval of the permit were foresters, paper and 
packaging companies, or from related industries, academia, agricultural 
biotech companies, and individuals. There were 67 respondents who 
submitted 102 comments opposed to APHIS granting the permit. One 
opposing comment came in the form of a petition bearing 5,495 
signatories. Respondents opposing APHIS granting this permit were 
primarily from 13 public interest groups; other respondents included 
academia and individuals. 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 (FONSI).
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    \1\ To view the notice 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-2007-
0027, then click ``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 the regulations promulgated under the Plant Protection 
Act, APHIS has determined that this field release will not pose a risk 
of introducing or disseminating a plant pest. Additionally, based upon 
analysis described in the EA, APHIS has determined that the action 
proposed in Alternative C of the EA, issue the permit with supplemental 
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). Copies 
may also be obtained from the person listed under the FOR FURTHER 
INFORMATION CONTACT section of this notice.
    To provide the public with documentation of APHIS' review and 
analysis of any potential environmental impacts and plant pest risks 
associated with the proposed release of these Eucalyptus trees, an EA 
and FONSI have been prepared. 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).

    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 25th day of June 2007.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E7-12532 Filed 6-26-07; 8:45 am]
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