Federal Register / Vol. 62, No. 224 / Thursday, November 20, 1997 / Notices 61961

The effect of this determination is that

Bejo’s Radicchio rosso lines designated

as RM3–3, RM3–4, and RM3–6 are no

longer considered regulated articles

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 Bejo’s Radicchio rosso

lines RM3–3, RM3–4, and RM3–6 or

their progeny. However, the importation

of the subject Radicchio rosso lines or

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)

has been 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 Radicchio rosso lines

RM3–3, RM3–4, and RM3–6 and lines

developed from them 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 14th day of

November 1997.

Craig A. Reed,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 97–30507 Filed 11–19–97; 8:45 am]

BILLING CODE 3410–34–P

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

[Docket No. 97–094–1]

Monsanto Co.; Receipt of Petition for

Determination of Nonregulated Status

for Potato Lines Genetically

Engineered for Insect and Virus

Resistance

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Notice.

SUMMARY: We are advising the public

that the Animal and Plant Health

Inspection Service has received a

petition from Monsanto Company

seeking a determination of nonregulated

status for certain potato lines genetically

engineered for resistance to the

Colorado potato beetle and potato leaf

roll virus. The petition has been

submitted in accordance with our

regulations concerning the introduction

of certain genetically engineered

organisms and products. In accordance

with those regulations, we are soliciting

public comments on whether these

potato lines present a plant pest risk.

DATES: Written comments must be

received on or before January 20, 1998.

ADDRESSES: Please send an original and

three copies of your comments to

Docket No. 97–094–1, Regulatory

Analysis and Development, PPD,

APHIS, Suite 3C03, 4700 River Road

Unit 118, Riverdale, MD 20737–1238.

Please state that your comments refer to

Docket No. 97–094–1. A copy of the

petition and any comments received

may be inspected 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 access

to that room to inspect the petition or

comments are asked to call in advance

of visiting at (202) 690–2817 to facilitate

entry into the reading room.

FOR FURTHER INFORMATION CONTACT: Dr.

James White, Biotechnology Evaluation,

BSS, PPQ, APHIS, Suite 5B05, 4700

River Road Unit 147, Riverdale, MD

20737–1236; (301) 734–5940. To obtain

a copy of the petition, contact Ms. Kay

Peterson at (301) 734–4885; e-mail:

mkpeterson@aphis.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.

Paragraphs (b) and (c) of § 340.6

describe the form that a petition for

determination of nonregulated status

must take and the information that must

be included in the petition.

On July 23, 1997, APHIS received a

petition (APHIS Petition No. 97–204–

01p) from Monsanto Company

(Monsanto) of St. Louis, MO, requesting

a determination of nonregulated status

under 7 CFR part 340 for seven

NewLeaf Plus Russet Burbank potato

lines (RBMT21–129, RBMT21–152,

RBMT21–350, RBMT22–82, RBMT22–

186, RBMT22–238, RBMT22–262),

which have genetically engineered for

resistance to the Colorado potato beetle

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

The Monsanto petition states that the

subject potato lines should not be

regulated by APHIS because they do not

present a plant pest risk.

As described in the petition, all seven

of the subject Russet Burbank potato

lines have been genetically engineered

to contain the cryIIIA gene from Bacillus

thuringiensis subsp. tenebrionis (Btt),

which encodes an insecticidal protein

that is effective against CPB, and the

PLRV replicase gene (PLRVrep), which

imparts resistance to PLRV. In addition

to the cryIIIA gene and the PLRVrep

gene, these potato lines contain either

the nptII selectable marker gene

(RBMT21–129, RBMT21–152, and

RBMT21–350) or the CP4 EPSPS

selectable marker gene (RBMT22–82,

RBMT22–186, RBMT22–238, and

RBMT22–262). The subject potato lines

were developed through the use of the

Agrobacterium tumefaciens

transformation system, and expression

of the introduced genes is controlled in

part by gene sequences derived from the

plant pests A. tumefaciens and Figwort

mosaic virus.

The subject potato lines have been

considered regulated articles under the

regulations in 7 CFR part 340 because

they contain gene sequences derived

from plant pests. These potato lines

have been evaluated in field trials

conducted since 1994 under APHIS

permits. In the process of reviewing the

applications for field trials of the subject

potato lines, APHIS determined that the

vectors and other elements were

disarmed and that the trials, which were

conducted under conditions of

reproductive and physical containment

or isolation, would not present a risk of

plant pest introduction or

dissemination.

In the Federal Plant Pest Act, as

amended (7 U.S.C. 150aa et seq.), ‘‘plant

pest’’ is defined as ‘‘any living stage of:

Any insects, mites, nematodes, slugs,

snails, protozoa, or other invertebrate

animals, bacteria, fungi, other parasitic
61962 Federal Register / Vol. 62, No. 224 / Thursday, November 20, 1997 / Notices

plants or reproductive parts thereof,

viruses, or any organisms similar to or

allied with any of the foregoing, or any

infectious substances, which can

directly or indirectly injure or cause

disease or damage in any plants or parts

thereof, or any processed, manufactured

or other products of plants.’’ APHIS

views this definition very broadly. The

definition covers direct or indirect

injury, disease, or damage not just to

agricultural crops, but also to plants in

general, for example, native species, as

well as to organisms that may be

beneficial to plants, for example,

honeybees, rhizobia, etc.

The U.S. Environmental Protection

Agency (EPA) is responsible for the

regulation of pesticides under the

Federal Insecticide, Fungicide, and

Rodenticide Act (FIFRA), as amended (7

U.S.C. 136 et seq.). FIFRA requires that

all pesticides, including insecticides, be

registered prior to distribution or sale,

unless exempt by EPA regulation. In

this regard, EPA has issued a

registration to Monsanto for full

commercialization of the plant pesticide

Btt Cry III(A) delta endotoxin and the

genetic material necessary for its

production in potato. Residue tolerances

for pesticides are established by EPA

under the Federal Food, Drug and

Cosmetic Act (FFDCA), as amended (21

U.S.C. 301 et seq.), and the Food and

Drug Administration (FDA) enforces

tolerances set by EPA under the FFDCA.

In addition to the registration, EPA has

issued exemptions from the requirement

of a tolerance for residues of the subject

plant pesticide CryIII(A) in potatoes, for

the NPTII and CP4 EPSPS proteins as

plant pesticide inert ingredients in all

plants, and for the PLRV replicase

protein in or on all raw agricultural

commodities.

FDA published a statement of policy

on foods derived from new plant

varieties in the Federal Register on May

29, 1992 (57 FR 22984–23005). The FDA

statement of policy includes a

discussion of FDA’s authority for

ensuring food safety under the FFDCA,

and provides guidance to industry on

the scientific considerations associated

with the development of foods derived

from new plant varieties, including

those plants developed through the

techniques of genetic engineering.

Monsanto has entered into consultation

with FDA on the subject potato lines.

In accordance with § 340.6(d) of the

regulations, we are publishing this

notice to inform the public that APHIS

will accept written comments regarding

the Petition for Determination of

Nonregulated Status from any interested

person for a period of 60 days from the

date of this notice. The petition and any

comments received are available for

public review, and copies of the petition

may be ordered (see the ADDRESSES

section of this notice).

After the comment period closes,

APHIS will review the data submitted

by the petitioner, all written comments

received during the comment period,

and any other relevant information.

Based on the available information,

APHIS will furnish a response to the

petitioner, either approving the petition

in whole or in part, or denying the

petition. APHIS will then publish a

notice in the Federal Register

announcing the regulatory status of

Monsanto’s NewLeaf Plus Russet

Burbank potato lines RBMT21–129,

RBMT21–152, RBMT21–350, RBMT22–

82, RBMT22–186, RBMT22–238,

RBMT22–262 and the availability of

APHIS’ written decision.

Authority: 7 U.S.C. 150aa–150jj, 151–167,

and 1622n; 31 U.S.C. 9701; 7 CFR 2.22, 2.80,

and 371.2(c).

Done in Washington, DC, this 14th day of

November 1997.

Craig A. Reed,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 97–30508 Filed 11–19–97; 8:45 am]

BILLING CODE 3410–34–P

DEPARTMENT OF COMMERCE

Economics and Statistics

Administration

Secretary’s 2000 Census Advisory

Committee Meeting

AGENCY: Economics and Statistics

Administration, Department of

Commerce.

ACTION: Notice of public meeting.

SUMMARY: Pursuant to the Federal

Advisory Committee Act (Public Law

92–463, as amended by P.L. 94–409,

P.L. 96–523, and P.L. 97–375), we are

giving notice of a meeting of the

Commerce Secretary’s 2000 Advisory

Committee. The meeting will convene

on December 4–5, 1997, at the Embassy

Suites Hotel, 1250 22nd Street, NW.,

Washington, DC 20037. The Committee

will discuss work plans for the Census

2000 Dress Rehearsal, including the

tabulation of data collected using the

new questions that follow the revised

standards for the classification of

Federal data on race and ethnicity

recently issued by the Office of

Management and Budget.

The Committee is composed of a

Chair, Vice-Chair, and up to thirty-five

member organizations, all appointed by

the Secretary of Commerce. The

Committee will consider the goals of

Census 2000 and user needs for

information provided by that census.

The Committee will provide a

perspective from the standpoint of the

outside user community about how

operational planning and

implementation methods proposed for

Census 2000 will realize those goals and

satisfy those needs. The Committee

shall consider all aspects of the conduct

of the 2000 census of population and

housing and shall make

recommendations for improving that

census.

DATES: On Thursday, December 4, 1997,

the meeting will begin at 8:30 a.m. and

adjourn for the day at 4:30 p.m. On

Friday, December 5, 1997, the meeting

will begin at 8:30 a.m. and adjourn at

4:00 p.m.

ADDRESSES: The meeting will take place

at the Embassy Suites Hotel, 1250 22nd

Street, N.W., Washington, DC 20037.

FOR FURTHER INFORMATION CONTACT:

Anyone wishing additional information

about this meeting, or who wishes to

submit written statements or questions,

may contact Maxine Anderson-Brown,

Committee Liaison Officer, Department

of Commerce, Bureau of the Census,

Room 3039, Federal Building 3,

Washington, DC 20233, telephone: 301–

457–2308, TDD 301–457–2540.

SUPPLEMENTARY INFORMATION: A brief

period will be set aside on Friday

afternoon for public comment and

questions. However, individuals with

extensive questions or statements for the

record must submit them in writing to

the Commerce Department official

named above at least three working days

prior to the meeting.

The meeting is physically accessible

to people with disabilities. Requests for

sign language interpretation or other

auxiliary aids should be directed to

Kathy Maney; her telephone number is

301–457–2308, TDD 301–457–2540.

Dated: November 17, 1997.

Lee Price,

Acting Under Secretary for Economic Affairs,

Economics and Statistics Administration.

[FR Doc. 97–30661 Filed 11–18–97; 2:52 pm]

BILLING CODE 3510–EA–M