60448 Federal Register / Vol. 76, No. 189 / Thursday, September 29, 2011 / Notices 

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

pest risk assessment, and the comments we 

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

#!docketDetail;D=APHIS-2007-0130. 

peer-reviewed publications, 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 

Florigene’s rose lines IFD–524;1–4 and 

IFD–529;1–9 are unlikely to pose a 

plant pest risk and therefore are no 

longer subject to our regulations 

governing the introduction of certain 

genetically engineered organisms. 

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 23rd day of 

September 2011. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2011–25090 Filed 9–28–11; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

[Docket No. APHIS–2007–0130] 

Syngenta Biotechnology, Inc.; 

Determination of Nonregulated Status 

for Lepidopteran-Resistant Cotton 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Notice. 

SUMMARY: We are advising the public of 

our determination that a cotton line 

developed by Syngenta Biotechnology, 

Inc., designated as event COT67B, 

which has been genetically engineered 

to express a protein to protect cotton 

plants from lepidopteran insect damage, 

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 Biotechnology, 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: September 29, 

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/biotechnology/ 

not_reg.html and are posted with the 

previous notice and the comments we 

received on the Regulations.gov Web 

site at http://www.regulations.gov/ 

#!docketDetail;D=APHIS-2007-0130. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Evan Chestnut, Policy Analyst, 

Biotechnology Regulatory Services, 

APHIS, 4700 River Road Unit 147, 

Riverdale, MD 20737–1236; (301) 734– 

0942, e-mail: 

evan.a.chestnut@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. 

APHIS received a petition (APHIS 

Petition Number 07–108–01p) from 

Syngenta Biotechnology, Inc. 

(Syngenta), seeking a determination of 

nonregulated status for cotton 

(Gossypium spp.) designated as event 

COT67B, which has been genetically 

engineered to express a Cry1Ab protein 

to protect cotton plants from 

lepidopteran insect damage. The 

petition stated that cotton event 

COT67B 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 May 11, 2011 (76 FR 27301– 

27303, Docket No. APHIS–2007–0130), 

APHIS announced the availability of the 

Syngenta petition, our plant pest risk 

assessment, and our draft environmental 

assessment (EA) for public comment. 

APHIS solicited comments on the 

petition, whether the subject cotton is 

likely to pose a plant pest risk, and on 

the draft EA for 60 days ending on July 

11, 2011. 

APHIS received 7 comments opposing 

a determination of nonregulated status 

during the comment period, with one 

comment having an additional 4,045 

names attached. Commenters generally 

expressed opposition to genetically 

engineered organisms or crops but did 

not provide any specific disagreement 

with APHIS’ analysis. One commenter 

expressed concern with gene flow. 

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 cotton event COT67B, 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 

finding of no significant impact with 


tkelley on DSKG8SOYB1PROD with NOTICES
Federal Register / Vol. 76, No. 189 / Thursday, September 29, 2011 / Notices 60449 

regard to the preferred alternative 

identified in the EA. 

Determination 

Based on APHIS’ analysis of field and 

laboratory data submitted by Syngenta, 

references provided in the petition, 

peer-reviewed publications, 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 cotton event COT67B is 

unlikely to pose a plant pest risk and 

therefore is no longer subject to our 

regulations governing the introduction 

of certain genetically engineered 

organisms. 

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 23rd day of 

September 2011. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2011–25086 Filed 9–28–11; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

[Docket No. APHIS–2011–0077] 

Notice of Availability of a Pest Risk 

Analysis for the Importation of Fresh 

Tejocote Fruit From Mexico 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Notice. 

SUMMARY: We are advising the public 

that we have prepared a pest risk 

analysis that evaluates the risks 

associated with the importation into the 

continental United States of fresh 

tejocote fruit from Mexico. Based on this 

analysis, we believe that the application 

of one or more designated phytosanitary 

measures will be sufficient to mitigate 

the risks of introducing or disseminating 

plant pests or noxious weeds via the 

importation of fresh tejocote fruit from 

Mexico. We are making the pest risk 

analysis available to the public for 

review and comment. 

DATES: We will consider all comments 

that we receive on or before November 

28, 2011. 

ADDRESSES: You may submit comments 

by either of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov/ 

#!documentDetail;D=APHIS-2011-0077– 

0001. 

• Postal Mail/Commercial Delivery: 

Send your comment to Docket No. 

APHIS–2011–0077, Regulatory Analysis 

and Development, PPD, APHIS, Station 

3A–03.8, 4700 River Road Unit 118, 

Riverdale, MD 20737–1238. 

Supporting documents and any 

comments we receive on this docket 

may be viewed at http:// 

www.regulations.gov/ 

#!docketDetail;D=APHIS-2011-0077 or 

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. 

FOR FURTHER INFORMATION CONTACT: Mr. 

David B. Lamb, Import Specialist, RPM, 

PHP, PPQ, APHIS, 4700 River Road Unit 

133, Riverdale, MD 20737; (301) 734– 

0627. 

SUPPLEMENTARY INFORMATION: 

Background 

Under the regulations in ‘‘Subpart— 

Fruits and Vegetables’’ (7 CFR 319.56– 

1 through 319.56–51, referred to below 

as the regulations), the Animal and 

Plant Health Inspection Service (APHIS) 

of the U.S. Department of Agriculture 

prohibits or restricts the importation of 

fruits and vegetables into the United 

States from certain parts of the world to 

prevent plant pests from being 

introduced into and spread within the 

United States. 

Section 319.56–4 contains a 

performance-based process for 

approving the importation of 

commodities that, based on the findings 

of a pest-risk analysis, can be safely 

imported subject to one or more of the 

designated phytosanitary measures 

listed in paragraph (b) of that section. 

APHIS received a request from the 

national plant protection organization 

(NPPO) of Mexico to allow the 

importation of fresh tejocote fruit 

(Crataegus pubescens) from Mexico into 

the continental United States. Currently, 

fresh tejocote fruit is not authorized for 

entry from Mexico. We have completed 

a pest risk analysis for the purpose of 

evaluating the pest risks associated with 

the importation of fresh tejocote fruit 

into the continental United States. The 

analysis consists of a pest list 

identifying pests of quarantine 

significance that are present in Mexico 

and could follow the pathway of 

importation into the United States and 

a risk management document 

identifying phytosanitary measures that 

could be applied to the commodity to 

mitigate the pest risk. 

We have concluded that fresh tejocote 

fruit can be safely imported into the 

continental United States from Mexico 

using one or more of the five designated 

phytosanitary measures listed in 

§ 319.56–4(b). The measures we selected 

are: 

• Fresh tejocote fruit may be 

imported into the continental United 

States in commercial consignments 

only. 

• Each consignment of fresh tejocote 

fruit must be accompanied by a 

phytosanitary certificate issued by the 

NPPO of Mexico stating that the fresh 

tejocote fruit in the consignment has 

been inspected and is free of pests. 

• Each shipment of fresh tejocote fruit 

is subject to inspection upon arrival at 

port of entry to the United States. 

Therefore, in accordance with 

§ 319.56–4(c), we are announcing the 

availability of our pest risk analysis for 

public review and comment. The pest 

risk analysis may be viewed on the 

Regulations.gov Web site or in our 

reading room (see ADDRESSES above for 

a link to Regulations.gov and 

information on the location and hours of 

the reading room). You may request 

paper copies of the pest risk analysis by 

calling or writing to the person listed 

under FOR FURTHER INFORMATION

CONTACT. Please refer to the subject of 

the pest risk analysis you wish to review 

when requesting copies. 

After reviewing any comments we 

receive, we will announce our decision 

regarding the import status of fresh 

tejocote fruit from Mexico in a 

subsequent notice. If the overall 

conclusions of the analysis and the 

Administrator’s determination of risk 

remain unchanged following our 

consideration of the comments, then we 

will begin issuing permits for the 

importation of fresh tejocote fruit from 

Mexico into the continental United 

States subject to the requirements 

specified in the risk management 

document. 

Authority: 7 U.S.C. 450, 7701–7772, and 

7781–7786; 21 U.S.C. 136 and 136a; 7 CFR 

2.22, 2.80, and 371.3. 


tkelley on DSKG8SOYB1PROD with NOTICES