37516 Federal Register / Vol. 65, No. 116 / Thursday, June 15, 2000 / Notices

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

[Docket No. 99–036–2]

Monsanto Co.; Extension of

Determination of Nonregulated Status

for Potato Genetically Engineered for

Insect and Virus Resistance

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Notice.

SUMMARY: We are advising the public of

our decision to extend to one additional

potato line our determination that

certain potato lines developed by

Monsanto Company, which have been

genetically engineered for insect and

virus resistance, are no longer

considered regulated articles under our

regulations governing the introduction

of certain genetically engineered

organisms. Our decision is based on our

evaluation of data submitted by

Monsanto Company in its request for an

extension of a determination of

nonregulated status, an analysis of other

scientific data, and comments received

from the public in response to a

previous notice. This notice also

announces the availability of our

finding of no significant impact.

EFFECTIVE DATE: July 17, 2000.

ADDRESSES: The extension request, an

environmental assessment and finding

of no significant impact, and all

comments received may be read 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. To be sure someone is

there to help you, please call (202) 690–

2817 before coming.

FOR FURTHER INFORMATION CONTACT: Dr.

James White, Biotechnology

Assessments Section, Permits and Risk

Assessments, PPQ, APHIS, Suite 5B05,

4700 River Road Unit 147, Riverdale,

MD 20737–1236; (301) 734–5940. To

obtain a copy of the extension request

or the environmental assessment and

finding of no significant impact, contact

Ms. Kay Peterson at (301) 734–4885; email: kay.peterson@usda.gov.

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.’’

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.

Further, the regulations in § 340.6(e)(2)

provide that a person may request that

APHIS extend a determination of

nonregulated status to other organisms.

Such a request must include

information to establish the similarity of

the antecedent organism and the

regulated article in question.

Background

On June 22, 1999, APHIS received a

request for an extension of a

determination of nonregulated status

(APHIS No. 99–173–01p) from

Monsanto Company (Monsanto) of St.

Louis, MO, for a Russet Burbank potato

line designated as NewLeaf Plus line

RBMT22–82 (RBMT22–82), which has

been genetically engineered for

resistance to the Colorado potato beetle

(CPB) and potato leaf roll virus (PLRV).

Monsanto requested an extension of a

determination of nonregulated status

issued previously for NewLeaf Plus

Russet Burbank potato lines RBMT21–

129 and RBMT21–350, APHIS petition

number 97–204–01p (63 FR 69610–

69611, December 17, 1998, Docket No.

97–094–2). Based on the similarity of

RBMT22–82 to RBMT21–129, the

antecedent organism, Monsanto

requested a determination that CPB-and

PLRV-resistant potato line RBMT22–82

does not present a plant pest risk and,

therefore, is not a regulated article

under APHIS’ regulations in 7 CFR part

340.

On March 6, 2000, APHIS published

a notice in the Federal Register (65 FR

11758–11759, Docket No. 99–036–1)

announcing that an environmental

assessment for Monsanto’s extension

request had been prepared and was

available for public comment. During

the designated 30-day public comment

period, APHIS received 10 comments

from the following sources: State potato

commissions, a potato growers

association, an organic consumers

association, the U.S. Department of

Agriculture’s Agricultural Research

Service, a State university, a State

university agricultural experiment

station, plant virologists, a farmer, and

a private individual. Six of the

comments were in favor of the extension

request, and four were in opposition. A

majority of the commenters expressing

support for deregulating potato line

RBMT22–82 stressed its effectiveness in

resisting the damage caused by CPB and

PLRV and the associated benefits of

reduced pesticide use. Several

commenters in opposition to

deregulation of the subject potato line

expressed concern that insufficient

safety testing had been done on such

issues as genetic drift, the development

of insect resistance, effects on beneficial

organisms, and the potential for the

development of novel plant viruses

through expression of parts of viruses

from a transgene. APHIS identified and

addressed these issues in the

environmental assessment prepared for

line RBMT22–82 and in the

environmental assessment and

determination prepared for the

antecedent organism. In consideration

of the comments submitted to us, we

have included a response to comments

as an attachment to our finding of no

significant impact (FONSI) for the

environmental assessment. The

environmental assessment and the

FONSI, including the attachment, are

available from the person listed under

FOR FURTHER INFORMATION CONTACT. 

Analysis

Like the antecedent organism, potato

line RBMT22–82 contains the cry3A

gene derived from Bacillus thuringiensis

subsp. tenebrionis (Btt) and the orf1/

orf2 gene derived from PLRV. The cry3A

gene encodes an insecticidal protein

that is effective against CPB and the

orf1/orf2 gene imparts resistance to

PLRV. Potato line RBMT22–82 also

contains the CP4 EPSPS selectable

marker gene, while the antecedent

organism contained the nptII selectable

marker gene. The subject potato line and

the antecedent organism were

developed through use of the

Agrobacterium tumefaciens

transformation system, and expression

of the added genes in RBMT22–82 and

the antecedent organism is controlled in

part by gene sequences derived from the

plant pathogens figwort mosaic virus

and A. tumefaciens.

Potato line RBMT22–82 and the

antecedent organism were genetically

engineered using the same

transformation method and with the

same genes that make the plants insect

and virus resistant. Accordingly, we

have determined that RBMT22–82 is

similar to the antecedent organism

RBMT21–129 in APHIS petition 97–

204–01p and, therefore, should no

longer be regulated under the

regulations in 7 CFR part 340.

Federal Register / Vol. 65, No. 116 / Thursday, June 15, 2000 / Notices 37517

The subject potato line has been

considered a regulated article under

APHIS’ regulations in 7 CFR part 340

because it contains gene sequences

derived from plant pathogens. However,

evaluation of field data reports from

field tests of RBMT22–82, conducted

under APHIS permits and notifications

since 1994, indicates that there were no

deleterious effects on plants, nontarget

organisms, or the environment as a

result of its environmental release.

Determination

Based on an analysis of the data

submitted by Monsanto, a review of

other scientific data, and field tests of

the subject potato line, APHIS has

determined that Russet Burbank potato

line RBMT22–82: (1) Exhibits no plant

pathogenic properties; (2) is no more

likely to become a weed than similar

pest-resistant potatoes developed by

traditional breeding techniques; (3) is

unlikely to increase the weediness

potential for any other cultivated or

wild species with which it can

interbreed; (4) will not cause damage to

raw or processed agricultural

commodities; and (5) will not harm

threatened or endangered species or

other organisms, such as bees, that are

beneficial to agriculture. Therefore,

APHIS has concluded that potato line

RBMT22–82 and any progeny derived

from crosses with other potato varieties

will be as safe to grow as potatoes that

are not subject to regulation under 7

CFR part 340.

Because APHIS has determined that

potato line RBMT22–82 does not

present a plant pest risk based on its

similarity to the antecedent organism,

Monsanto’s potato line RBMT22–82 will

no longer be considered a regulated

article under APHIS’ regulations in 7

CFR part 340. Therefore, the

requirements pertaining to regulated

articles under those regulations no

longer apply to the field testing,

importation, or interstate movement of

the subject potato line or its progeny.

However, importation of potato line

RBMT22–82 and seeds capable of

propagation are still subject to the

restrictions found in APHIS’ foreign

quarantine notices in 7 CFR part 319.

National Environmental Policy Act

An environmental assessment (EA)

was prepared to examine the potential

environmental impacts associated with

this determination. 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 that EA, APHIS has

reached a finding of no significant

impact (FONSI) with regard to its

determination that Monsanto’s potato

line RBMT22–82 and lines developed

from it are no longer regulated articles

under its regulations in 7 CFR part 340.

Copies of the EA and the FONSI are

available upon request from the

individual listed under FOR FURTHER

INFORMATION CONTACT.

Done in Washington, DC, this 9th day of

June 2000.

Bobby R. Acord,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 00–15152 Filed 6–14–00; 8:45 am]

BILLING CODE 3410–34–P

DEPARTMENT OF AGRICULTURE

Commodity Credit Corporation

Request for Revision of a Currently

Approved Information Collection

AGENCY: Commodity Credit Corporation,

USDA.

ACTION: Notice and request for

comments.

SUMMARY: In accordance with the

Paperwork Reduction Act of 1995, this

notice announces the Commodity Credit

Corporation’s (CCC) intention to request

a revision to a currently approved

information collection. This information

collection is used in support of loan

deficiency payments authorized by the

Federal Agriculture Improvement and

Reform Act of 1996 (the 1996 ACT), for

rice, upland cotton, feed grains, wheat,

and oilseeds.

DATES: Comments on this notice must be

received on or before August 14, 2000,

to be assured consideration.

FOR FURTHER INFORMATION CONTACT:

Raellen Erickson, Price Support

Division, USDA, FSA, 1400

Independence Avenue, S.W., STOP

0512, Washington, DC 20250–0512,

telephone (202) 720–7320; e-mail:

raellen_erickson @ wdc.fsa.usda.gov; pr

facsimile (202) 690–3307.

SUPPLEMENTARY INFORMATION:

Title: Loan Deficiency Payments.

OMB Control Number: 0560–0129.

Expiration Date: January 31, 2001.

Type of Request: Revision of a

currently approved information

collection.

Abstract: The 1996 Act provides for

loan deficiency payments to eligible

producers with respect to eligible

commodities. Forms required for

requesting these payments are used by

producers requesting a loan deficiency

payment in lieu of a marketing

assistance loan with respect to eligible

production. This information collected

is needed to determine loan deficiency

payment quantities and payment

amounts, verify producer and

commodity eligibility, and to ensure

that only eligible producers receive loan

deficiency payments.

Producers requesting loan deficiency

payments must provide specific data

relative to the loan deficiency payment

request. Forms included in this

information collection package require

various types of information including

the farm number, type of commodity,

quantity of commodity, storage location,

and percent share of the commodity to

determine eligibility. Producers must

also agree to the terms and conditions

contained in the loan deficiency

payment application. The completed

application is used by CCC when

issuing a loan deficiency payment.

Without this collection of information,

CCC could not carry out the statutory

loan deficiency payment provisions.

Estimate of Burden: Public reporting

burden for this collection of information

is estimated to average 30 minutes per

producer.

Respondents: Eligible producers.

Estimated Number of Respondents:

2,035,000.

Number of Responses: 6,105,000.

Estimated Total Annual Burden:

3,825,000 hours.

Proposed topics for comments are: (a)

Whether the collection of information is

necessary for the proper performance of

the functions of the agency, including

whether the information will have

practical utility: (b) the accuracy of the

agency’s estimate of burden including

the validity of the methodology and

assumptions used: (c) ways to enhance

the quality, utility, and clarity of the

information to be collected: or (d) ways

to minimize the burden of the collection

of information on those who are to

respond, including through the use of

appropriate automated, electronic,

mechanical or other technological

collection techniques or other forms of

information technology.

Comments should be sent to the Desk

Officer for Agriculture, Office of

Information and Regulatory Affairs,

Office of Management and Budget,

Washington, DC 20503 and to Raellen

Erickson, USDA—Farm Service

Agency—Price Support Division, 1400

Independence Avenue, S.W., STOP

0512, Washington, DC 20250–0512:

telephone (202) 720–7320: e-mail

raellen_erickson@wdc.fsa.usda.gov.