[Federal Register Volume 73, Number 32 (Friday, February 15, 2008)]
[Notices]
[Pages 8846-8847]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-2909]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2007-0018]


Oregon State University; Availability of an Environmental 
Assessment and Finding of No Significant Impact for a Controlled 
Release of Genetically Engineered Populus Species and Hybrids

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 controlled field release of 
genetically engineered (transgenic) clones of Populus species and 
hybrids. The purpose of this controlled field release is to examine the 
effects of the genetic constructs on the intended traits of 
reproductive sterility, reduced stature, reduced light response, and 
modified lignin content. After assessing the application, reviewing 
pertinent scientific information, and considering public comments, 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 the environmental analysis that there are no 
significant impacts associated with this controlled field release, the 
Animal and Plant Health Inspection Service has determined that a 
finding of no significant impact is appropriate and therefore an 
environmental impact statement need not be prepared for this field 
release.

Effective Date: February 15, 2008.

ADDRESSES: You may read the environmental assessment (EA), finding of 
no significant impact (FONSI) and decision notice, and our response to 
the 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 our response to public comments 
are also available on the Internet at http://www.aphis.usda.gov/brs/aphisdocs/06_25001r_ea.pdf.

FOR FURTHER INFORMATION CONTACT: Biotechnology Regulatory Services, 
APHIS, 4700 River Road Unit 147, Riverdale, MD 20737-1236; (301) 734-
7324. To obtain copies of the environmental assessment, contact Ms. 
Cynthia Eck, Document Control Officer, 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 September 7, 2006, the Animal and Plant Health Inspection 
Service (APHIS) received a permit application (APHIS No. 06-250-01r) 
from Oregon State University, in Corvallis, OR, for a controlled field 
release of genetically engineered Populus alba and Populus hybrids. A 
previous environmental assessment (EA) was prepared for a subset of 
trees in this release under Permit 95-031-01R. Under that permit, trees 
engineered with sterility constructs were allowed to flower. Since the 
researcher intends to add more trees to the permit and allow these 
additional trees to flower, this new EA has been prepared which updates 
the previous EA.
    Permit application 06-250-01r describes 95 genetic constructs that 
can be categorized into reproductive sterility genes, genes affecting 
stature or light response, genes aimed to modify tree chemistry, and 
activation tagging mutants aimed at the development of ``experimental 
domesticates.'' These DNA sequences were introduced into Populus plants 
using disarmed Agrobacterium tumefaciens and also contain regulatory 
sequences from the plant pests cauliflower mosaic virus, tobacco mosaic 
virus, Aspergillus nidulans, and Agrobacterium tumefaciens. The subject 
Populus plants are considered regulated articles under the regulations 
in 7 CFR part 340 because they were created using donor sequences from 
plant pests.
    On July 18, 2007, APHIS published a notice \1\ in the Federal 
Register (72 FR 39378-39379, Docket No. APHIS-2007-0018) announcing the 
availability of an EA for controlled release of genetically engineered 
Populus species and hybrids. During the 30-day comment period, which 
ended on August 17, 2007, APHIS received five comments. Comments 
opposing the granting of the permit were submitted by two individuals 
and a public interest group. Comments supporting the granting of the 
permit were submitted by the permit applicant and a limited liability 
company. APHIS has addressed the issues raised during the comment 
period and has provided responses as an attachment to the finding of no 
significant impact (FONSI).
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    \1\ To view the notice, the EA, and the comments we received, go 
to http://www.regulations.gov/fdmspublic/component/
main?main=DocketDetail&d=APHIS-2007-0018.
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    Pursuant to the regulations in 7 CFR part 340 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, to 
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 FOR FURTHER INFORMATION CONTACT.
    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

[[Page 8847]]

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 11th day of February 2008.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service. 4
 [FR Doc. E8-2909 Filed 2-14-08; 8:45 am]
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