This section of the FEDERAL REGISTER

contains documents other than rules or

proposed rules that are applicable to the

public. Notices of hearings and investigations,

committee meetings, agency decisions and

rulings, delegations of authority, filing of

petitions and applications and agency

statements of organization and functions are

examples of documents appearing in this

section.

Notices Federal Register

8707 

Vol. 76, No. 31 

Tuesday, February 15, 2011 

1To view the notice, petition, draft EA, the plant 

pest risk assessment and the comments we 

received, go to http://www.regulations.gov/

fdmspublic/component/main?main=

DocketDetail&d=APHIS–2007–0016. 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

[Docket No. APHIS–2007–0016] 

Syngenta Seeds, Inc.; Determination of 

Nonregulated Status for Corn 

Genetically Engineered To Produce an 

Enzyme That Facilitates Ethanol 

Production 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Notice. 

SUMMARY: We are advising the public of 

our determination that a corn line 

developed by Syngenta Seeds, Inc., 

designated as transformation event 

3272, which has been genetically 

engineered to produce a microbial 

enzyme that facilitates ethanol 

production, is no longer considered a 

regulated article under our regulations 

governing the introduction of certain 

genetically engineered organisms. Our 

determination is based on our 

evaluation of data submitted by 

Syngenta Seeds, Inc., in its petition for 

a determination of nonregulated status, 

our analysis of available scientific data, 

and comments received from the public 

in response to our previous notice 

announcing the availability of the 

petition for nonregulated status and its 

associated environmental assessment 

and plant pest risk assessment. This 

notice also announces the availability of 

our written determination and finding 

of no significant impact. 

DATES: Effective Date: February 15, 

2011. 

ADDRESSES: You may read the 

documents referenced in this notice and 

the comments we received 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. Those documents are also 

available on the Internet at http:// 

www.aphis.usda.gov/brs/not_reg.html 

and are posted with the previous notices 

and the comments we received on the 

Regulations.gov Web site at http:// 

www.regulations.gov/fdmspublic/

component/main?main=

DocketDetail&d=APHIS–2007–0016. 

Other Information: Additional 

information about APHIS and its 

programs is available on the Internet at 

http://www.aphis.usda.gov. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Andrea Huberty, Biotechnology 

Regulatory Services, APHIS, 4700 River 

Road, Unit 146, Riverdale, MD 20737– 

1236; (301) 734–0485, email: 

andrea.f.huberty@aphis.usda.gov. To 

obtain copies of the documents 

referenced in this notice, contact Ms. 

Cindy Eck at (301) 734–0667, e-mail: 

cynthia.a.eck@aphis.usda.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

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.’’ 

The regulations in § 340.6(a) provide 

that any person may submit a petition 

to the Animal and Plant Health 

Inspection Service (APHIS) seeking a 

determination that an article should not 

be regulated under 7 CFR part 340. 

Paragraphs (b) and (c) of § 340.6 

describe the form that a petition for a 

determination of nonregulated status 

must take and the information that must 

be included in the petition. 

On October 7, 2005, APHIS received 

a petition seeking a determination of 

nonregulated status (APHIS Petition No. 

05–280–01p) from Syngenta Seeds, Inc., 

of Research Triangle Park, NC 

(Syngenta), for corn (Zea mays L.) 

designated as transformation event 

3272, which has been genetically 

engineered to produce a microbial 

enzyme that facilitates ethanol 

production. The petition stated that 

Event 3272 corn is unlikely to pose a 

plant pest risk and, therefore, should 

not be a regulated article under APHIS’ 

regulations in 7 CFR part 340. 

In a notice 1 published in the Federal 

Register on November 19, 2008 (73 FR 

69602–69604, Docket No. APHIS–2007– 

0016), APHIS announced the 

availability of the Syngenta petition and 

a draft environmental assessment (EA) 

for public comment. APHIS solicited 

comments on the petition, whether the 

subject corn is likely to pose a plant pest 

risk, and on the draft EA for 60 days 

ending on January 20, 2009. In a 

subsequent notice published in the 

Federal Register on June 4, 2009 (74 FR 

26832–26835, Docket No. APHIS–2007– 

0016), we reopened the comment period 

until July 6, 2009. 

APHIS received over 13,000 

comments during the comment period, 

most of which conveyed opposition to 

the deregulation of the Event 3272 corn. 

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. 

National Environmental Policy Act 

To provide the public with 

documentation of APHIS’ review and 

analysis of any potential environmental 

impacts associated with the 

determination of nonregulated status for 

Syngenta’s Event 3272 corn, an EA has 

been prepared. The EA was 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). Based on our EA, the response to 

public comments, and other pertinent 

scientific data, APHIS has reached a 


jdjones on DSK8KYBLC1PROD with NOTICES
8708 Federal Register / Vol. 76, No. 31 / Tuesday, February 15, 2011 / Notices 

1To view the notice, the environmental 

assessment, the finding of no significant impact, 

and the comments we received, go to http:// 

www.regulations.gov/fdmspublic/component/ 

main?main=DocketDetail&d=APHIS–2010–0108. 

finding of no significant impact with 

regard to the preferred alternative 

identified in the EA. 

Determination 

Based on APHIS’ analysis of field, 

greenhouse, and laboratory data 

submitted by Syngenta, references 

provided in the petition, information 

analyzed in the EA, the plant pest risk 

assessment, comments provided by the 

public, and information provided in 

APHIS’ response to those public 

comments, APHIS has determined that 

Syngenta’s Event 3272 corn is unlikely 

to pose a plant pest risk and should be 

granted nonregulated status. 

Copies of the signed determination 

document, as well as copies of the 

petition, plant pest risk assessment, EA, 

finding of no significant impact, and 

response to comments are available as 

indicated in the ADDRESSES and FOR

FURTHER INFORMATION CONTACT sections 

of this notice. 

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 2011. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2011–3504 Filed 2–14–11; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

[Docket No. APHIS–2010–0108] 

Availability of an Environmental 

Assessment and Finding of No 

Significant Impact for a Biological 

Control Agent for Arundo donax 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Notice. 

SUMMARY: We are advising the public 

that a final environmental assessment 

and finding of no significant impact 

have been prepared by the Animal and 

Plant Health Inspection Service relative 

to a proposed biological control program 

for Arundo donax (giant reed, Carrizo 

cane). The environmental assessment 

documents our review and analysis of 

environmental impacts associated with 

the proposed biological control 

program. 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 FURTHER INFORMATION CONTACT: Dr. 

Shirley A. Wager-Page, Chief, Pest 

Permitting Branch, PPQ, APHIS, 4700 

River Road Unit 133, Riverdale, MD 

20737–1237; (301) 734–8453. 

SUPPLEMENTARY INFORMATION: 

Background 

Arundo donax is a highly invasive, 

bamboo-like weed that was introduced 

to North America in the early 1500s for 

its fiber uses. It is among the fastest 

growing plants in the continental 

United States, making it a severe threat 

to riparian habitats and irrigation canals 

of the Rio Grande River Basin and the 

Southwestern United States, where it 

causes erosion, damages bridges, alters 

channel morphology, increases costs for 

chemical and mechanical control along 

transportation corridors, and impedes 

law enforcement activities along 

international borders. A. donax also 

consumes excessive amounts of water in 

arid regions where scarce water supplies 

are critical to the environment, 

agriculture, and municipal users. 

Existing A. donax management options 

include herbicides, prescribed fires, 

biomass removal, and other control 

methods, but these measures are 

expensive, temporary, and have impacts 

on species other than A. donax. 

The proposed biological control agent, 

Arundo scale (Rhizaspidiotus donacis 

(Hemiptera: Diaspididae)), is one of the 

most damaging insects to A. donax in its 

native range. Arundo scale attacks the 

rhizome and developing underground 

buds of A. donax by feeding on cells 

that carry out photosynthesis and 

cellular respiration, resulting over time 

in gradual thinning, leaf reduction, and 

a sickly, yellowish-clouded appearance 

of the weed. While Arundo scale may 

not be singularly successful in reducing 

the A. donax population in the 

continental United States, its use is 

expected to be effective in combination 

with other control methods or biological 

control agents that may be released in 

the future. 

On November 12, 2010, we published 

in the Federal Register (75 FR 69396, 

Docket No. APHIS–2010–0108) a 

notice 1 announcing the availability for 

public review and comment of an 

environmental assessment (EA), in 

which we considered the effects of, and 

alternatives to, the release of Arundo 

scale into the continental United States 

for use as a biological control agent to 

reduce the severity of A. donax 

infestations. The EA evaluated two 

alternatives: (1) No action and (2) a 

biological control program (the 

preferred action). 

We solicited comments concerning 

the environmental assessment for 30 

days ending December 13, 2010. We 

received 12 comments by that date from 

farmers, State and local government 

officials, scientists, and the general 

public. Eleven commenters were in 

favor of the release of Arundo scale. The 

remaining commenter expressed general 

disapproval of APHIS activities but did 

not provide any substantive concerns 

regarding Arundo scale that required 

additional consideration in the EA. 

In this document, we are advising the 

public of our decision and finding of no 

significant impact (FONSI) regarding a 

proposed program for the control of A. 

donax. This decision is based upon the 

final EA, entitled ‘‘Field Release of the 

Arundo Scale, Rhizaspidiotus donacis 

(Hemiptera: Diaspididae), an Insect for 

Biological Control of Arundo donax 

(Poaceae) in the Continental United 

States’’ (December 2010). 

The EA and FONSI may be viewed on 

the Regulations.gov Web site (see 

footnote 1). Copies of the EA and FONSI 

are also available for public inspection 

at USDA, room 1141, South Building, 

14th Street and Independence Avenue, 

SW., Washington, DC, between 8 a.m. 

and 4:30 p.m., Monday through Friday, 

except holidays. Persons wishing to 

inspect copies are requested to call 

ahead on (202) 690–2817 to facilitate 

entry into the reading room. In addition, 

copies may be obtained by writing to the 

individual listed under FOR FURTHER

INFORMATION CONTACT. 

The EA and FONSI have been 

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). 

Done in Washington, DC, this 9th day of 

February 2011. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2011–3368 Filed 2–14–11; 8:45 am] 

BILLING CODE 3410–34–P 


jdjones on DSK8KYBLC1PROD with NOTICES