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

60447 

Vol. 76, No. 189 

Thursday, September 29, 2011 

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-2010-0040. 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

[Docket No. APHIS–2010–0040] 

Florigene Pty., Ltd.; Determination of 

Nonregulated Status for Altered Color 

Roses 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Notice. 

SUMMARY: We are advising the public of 

our determination that two hybrid rose 

lines developed by Florigene Pty., Ltd., 

designated as IFD–524;1–4 and IFD– 

529;1–9, which have been genetically 

engineered to produce novel flower 

color, are 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 

Florigene Pty., Ltd., 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-2010-0040. 

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, email: 

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 08–315–01p) from 

Florigene Pty., Ltd. (Florigene) of 

Victoria, Australia, seeking a 

determination of nonregulated status for 

two hybrid rose lines designated as IFD– 

524;1–4 and IFD–529;1–9, which have 

been genetically engineered to produce 

novel flower color. The petition stated 

that these rose lines are unlikely to pose 

a plant pest risk and, therefore, should 

not be regulated articles under APHIS’ 

regulations in 7 CFR part 340. 

In a notice 1 published in the Federal 

Register on April 13, 2011 (76 FR 

20623–20624, Docket No. APHIS-2010- 

0040), APHIS announced the 

availability of the Florigene petition, a 

plant pest risk assessment, and a draft 

environmental assessment (EA) for 

public comment. APHIS solicited 

comments on the petition, whether the 

subject roses are likely to pose a plant 

pest risk, the draft EA, and the plant 

pest risk assessment for 60 days ending 

on June 13, 2011. 

APHIS received two comments during 

the comment period, with one 

commenter expressing support of the 

EA’s preferred alternative and one 

commenter expressing opposition. The 

commenter opposing a determination of 

nonregulated status cited scientific 

concerns related to the plant pest 

determination. APHIS has addressed the 

issues raised by this commenter in 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 

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

IFD–529;1–9, 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 regard to the 

preferred alternative identified in the 

EA. 

Determination 

Based on APHIS’ analysis of field and 

laboratory data submitted by Florigene, 

references provided in the petition, 


tkelley on DSKG8SOYB1PROD with NOTICES
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