[Federal Register Volume 81, Number 216 (Tuesday, November 8, 2016)]
[Notices]
[Page 78567]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-26935]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2014-0056]


Withdrawal of an Environmental Assessment for the Field Release 
of Genetically Engineered Diamondback Moths

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice.

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SUMMARY: We are advising the public that we are withdrawing an 
environmental assessment that was prepared by the Animal and Plant 
Health Inspection Service relative to a permitted environmental release 
of diamondback moths which have been genetically engineered for 
repressible female lethality and to express red fluorescence as a 
marker. While we reached a finding of no significant impact (FONSI) in 
connection with this action and posted that FONSI on our Web site, the 
public was not notified of the FONSI via publication of an associated 
notice in the Federal Register. We are therefore withdrawing the 
environmental assessment and FONSI.

FOR FURTHER INFORMATION CONTACT: Mrs. Chessa Huff-Woodard, 
Biotechnology Regulatory Services, APHIS, 4700 River Road Unit 146, 
Riverdale, MD 20737-1236; (301) 851-3943.

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 (GE) organisms and 
products are considered ``regulated articles.'' A permit must be 
obtained or a notification acknowledged before a regulated article may 
be released into the environment. 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.
    Subsequent to a permit application from Cornell University (APHIS 
Permit Number 13-297-102r) seeking the permitted field release of three 
strains of GE diamondback moth (DBM), Plutella xylostella, strains 
designated as OX4319L-Pxy, OX4319N-Pxy, and OX4767A-Pxy, which have 
been genetically engineered to exhibit red fluorescence (DsRed2) as a 
marker and repressible female lethality, on August 28, 2014, the Animal 
and Plant Health Inspection Service (APHIS) published in the Federal 
Register a notice \1\ (79 FR 51299-51300, Docket No. APHIS-2014-0056) 
in which we announced the availability, for public review and comment, 
of an environmental assessment (EA) that examined the potential 
environmental impacts associated with the proposed release of the GE 
DBMs.
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    \1\ To view the notice, supporting documents, and comments we 
received, go to http://www.regulations.gov/#!docketDetail;D=APHIS-
2014-0056.
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    We solicited comments on the EA for 30 days ending September 29, 
2014. We received 287 comments by that date. The comments were from 
industry organizations, environmental and consumer advocacy groups, 
researchers, and private citizens.
    Based upon analysis described in the EA and a thorough review of 
the comments we received, APHIS determined that release of the GE DBMs 
would not have a significant impact on the quality of the human 
environment. This finding of no significant impact (FONSI) was posted 
on the APHIS Web site.
    In November 2014, APHIS issued Permit Number 13-297-102r, which 
allowed for open field release of the GE DBMs. No open field releases 
took place under this permit. In July 2015, the initial permit was 
amended to add caged releases to the list of allowable actions (APHIS 
Permit Number 13-297-102r-a1). Caged releases pursuant to the amended 
permit occurred between July 2015 and March 11, 2016, when the permit 
was withdrawn.
    Although, as mentioned previously, we posted the FONSI on our Web 
site, we failed to formally advise the public of our FONSI regarding 
the release of GE DBMs via publication of a second notice in the 
Federal Register. Therefore, we are withdrawing the EA and FONSI 
associated with the August 28, 2014, notice.
    On March 16, 2016, APHIS received a permit application from Cornell 
University (APHIS Permit Number 16-076-101r) seeking the permitted 
field release of GE DBMs in both open and caged releases. We are 
currently preparing an EA for this new application and will publish 
notices associated with the EA and FONSI (if one is reached) in the 
Federal Register.

    Done in Washington, DC, this 2nd day of November 2016.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2016-26935 Filed 11-7-16; 8:45 am]
 BILLING CODE 3410-34-P