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[Federal Register Volume 77, Number 109 (Wednesday, June 6, 2012)]
[Notices]
[Pages 33389-33390]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-13760]

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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2011-0130]

ArborGen, LLC; Availability of an Environmental Assessment for 
Controlled Release of a Genetically Engineered Eucalyptus Hybrid

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice.

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SUMMARY: We are advising the public that the Animal and Plant Health 
Inspection Service has prepared an environmental assessment for a 
proposed controlled field release of a genetically engineered clone of 
a Eucalyptus hybrid. The purpose of the field release is to assess the 
effectiveness of gene constructs intended to confer cold tolerance, to 
test the efficacy of genes introduced to alter lignin biosynthesis, to 
test the efficacy of genes designed to alter growth, and to test the 
efficacy of genes designed to alter flowering. After assessing the 
application for a permit for the field release, reviewing pertinent 
scientific information, and considering comments from the public, we 
have concluded that the field release is unlikely to pose a plant pest 
risk or to have a significant impact on the quality of the human 
environment. Based on the finding of no significant impact, the Animal 
and Plant Health Inspection Service has determined that an 
environmental impact statement need not be prepared for this field 
release.

DATES: Effective Date: June 6, 2012.

ADDRESSES: You may read the documents referenced in this notice and the 
comments we received on the Regulations.gov Web site at http://www.regulations.gov/#!docketDetail;D=APHIS-2011-0130. The documents are 
also available on the Internet at http://www.aphis.usda.gov/brs/biotech_ea_permits.html. You may also view the documents and 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) 799-7039 before coming.

FOR FURTHER INFORMATION CONTACT: Mr. David S. Reinhold, Assistant 
Director, Environmental Risk Analysis Programs, Biotechnology 
Regulatory Services, APHIS, 4700 River Road, Riverdale, MD 20737-1236; 
(301) 851-3885. To obtain copies of the environmental assessment, 
finding of no significant impact, and responses to comments, contact 
Ms. Cynthia Eck at (301) 851-3892; email: cynthia.a.eck@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.'' A permit must be 
obtained or a notification acknowledged before a regulated article may 
be introduced. The regulations set forth the permit application 
requirements and the notification procedures for the importation, 
interstate movement, or release in the environment of a regulated 
article.
    On February 21, 2011, the Animal and Plant Health Inspection 
Service (APHIS) received a permit application (APHIS No. 11-052-101rm) 
from ArborGen, LLC, in Summerville, SC, for a controlled field release 
of genetically engineered Eucalyptus hybrids in six locations 
encompassing a total of 14.7 acres in the States of Alabama, Florida, 
Mississippi, and South Carolina.
    Permit application 11-052-101rm describes Eucalyptus trees derived 
from a hybrid of Eucalyptus grandis X Eucalyptus urophylla. The purpose 
of the field tests is to assess the effectiveness of gene constructs 
intended to confer cold tolerance; to test the efficacy of genes 
introduced to alter lignin biosynthesis; to test the efficacy of genes 
designed to alter growth; and to test the efficacy of genes designed to 
alter flowering. In addition, the trees have been engineered with a 
selectable marker that confers resistance to the antibiotic kanamycin. 
These DNA sequences were introduced into Eucalyptus trees using 
disarmed Agrobacterium tumefaciens.
    The subject Eucalyptus trees are considered regulated articles 
under 7 CFR part 340 because they were created using donor sequences 
from plant pests.
    To provide the public with documentation of APHIS' review and 
analysis of any potential environmental impacts and plant pest risks 
associated with the proposed release under permit of these genetically 
engineered Eucalyptus trees, APHIS prepared an environmental assessment 
(EA). APHIS announced the availability of the EA for public comment in 
a notice published in the Federal Register on February 10, 2012 (77 FR 
7123-7124, Docket No. APHIS-2011-0130). Comments on the EA were 
required to be received on or before March 12, 2012. We received 246 
comments by the close of the comment period. All expressed concerns 
about the permit or opposed granting the permit. APHIS reviewed all 
comments to identify new issues, alternatives, or information.
    Pursuant to the regulations promulgated under the Plant Protection 
Act, APHIS has determined that this field release is unlikely to pose a 
risk of introducing or disseminating a plant pest. Additionally, based 
upon analysis described in the EA, APHIS has determined that the action 
proposed in Alternative B of the EA--issue the permit with supplemental 
permit conditions--is unlikely to have a

[[Page 33390]]

significant impact on the quality of the human environment. The EA and 
finding of no significant impact (FONSI) are available as indicated in 
the ADDRESSES section of this notice. Responses to the comments 
received on the EA are provided as an attachment to the FONSI.
    The EA and FONSI were 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).

    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 31st day of May 2012.
Kevin Shea
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2012-13760 Filed 6-5-12; 8:45 am]
BILLING CODE 3410-34-P
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