Federal Register / Vol. 63, No. 88 /Thursday, May 7, 1998 / Notices 25195

(Beta vulgaris L.) designated as

Transformation Event T120–7 (event

T120–7), which has been genetically

engineered for tolerance to the herbicide

glufosinate, does not present a plant

pest risk and, therefore, is not a

regulated article under APHIS’

regulations in 7 CFR part 340.

On February 6, 1998, APHIS

published a notice in the Federal

Register (63 FR 6148–6149, Docket No.

97–130–1) announcing that the AgrEvo

petition had been received and was

available for public review. The notice

also discussed the role of APHIS, the

Environmental Protection Agency, and

the Food and Drug Administration in

regulating the subject sugar beet and

food products derived from it. In the

notice, APHIS solicited written

comments from the public as to whether

this sugar beet posed a plant pest risk.

The comments were to have been

received by APHIS on or before April 7,

1998. APHIS received no comments on

the subject petition during the

designated 60-day comment period.

Analysis

Event T120–7 sugar beet has been

genetically engineered to contain a

synthetic version of the pat gene

derived from Streptomyces

viridochromogenes. The pat gene

encodes the enzyme phosphinothricinN-acetyltransferase (PAT), which

confers tolerance to the herbicide

glufosinate. Expression of the pat gene

is controlled by 35S promoter and

terminator sequences derived from the

plant pathogen cauliflower mosaic

virus. Event T120–7 sugar beet also

contains the aph(3′)II or nptII marker

gene used in plant transformation.

Expression of the nptII gene is

controlled by gene sequences derived

from Agrobacterium tumefaciens, and

analysis indicates that the NPTII protein

is expressed in certain parts of the

subject sugar beet plants. The A.

tumefaciens method was used to

transfer the added genes into the

parental sugar beet line.

The subject sugar beet 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 this sugar beet conducted

under APHIS permits since 1994

indicates that there were no deleterious

effects on plants, nontarget organisms,

or the environment as a result of the

environmental release of event T120–7

sugar beet.

Determination

Based on its analysis of the data

submitted by AgrEvo, and a review of

other scientific data and field tests of

the subject sugar beet, APHIS has

determined that event T120–7: (1)

Exhibits no plant pathogenic properties;

(2) is no more likely to become a weed

than sugar beet 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

the subject sugar beet and any progeny

derived from crosses with other sugar

beet varieties will be as safe to grow as

sugar beet in traditional breeding

programs that are not subject to

regulation under 7 CFR part 340.

The effect of this determination is that

AgrEvo’s event T120–7 sugar beet is no

longer 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

subject sugar beet or its progeny.

However, importation of event T120–7

sugar beet 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 AgrEvo’s event

T120–7 sugar beet 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 30th day of

April, 1998.

Craig A. Reed,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 98–12125 Filed 5–6–98; 8:45 am]

BILLING CODE 3410–34–P

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

[Docket No. 98–032–1]

AgrEvo USA Co.; Extension of

Determination of Nonregulated Status

to Soybean Genetically Engineered for

Glufosinate Herbicide Tolerance

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Notice.

SUMMARY: We are advising the public of

our decision to extend to one additional

soybean line our determination that

certain soybean lines developed by

AgrEvo USA Company, which have

been genetically engineered for

glufosinate herbicide tolerance, 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 AgrEvo USA Company in

its request for an extension of a

determination of nonregulated status

and an analysis of other scientific data.

This notice also announces the

availability of an environmental

assessment and finding of no significant

impact.

EFFECTIVE DATE: June 8, 1998.

ADDRESSES: The extension request and

an environmental assessment and

finding of no significant impact 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 to inspect those documents are

asked to call in advance of visiting at

(202) 690–2817.

FOR FURTHER INFORMATION CONTACT: Dr.

Sivramiah Shantharam, Biotechnology

and Biological Analysis, PPQ, APHIS,

4700 River Road Unit 147, Riverdale,

MD 20737–1236; (301) 734–4882. 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: 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
25196 Federal Register / Vol. 63, No. 88 /Thursday, May 7, 1998 / Notices

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 shall include

information to establish the similarity of

the antecedent organism and the

regulated article in question.

Background

On January 14, 1998, APHIS received

a request for an extension of a

determination of nonregulated status

(APHIS No. 98–014–01p) from AgrEvo

USA Company (AgrEvo) of Wilmington,

DE, for a soybean line designated as

transformation event A5547–127 (event

A5547–127), which has been genetically

engineered for resistance, or tolerance,

to the herbicide glufosinate. The AgrEvo

request seeks an extension of a

determination of nonregulated status

that was issued for certain lines of

glufosinate tolerant soybean (antecedent

organisms) in response to APHIS

petition number 96–068–01p (61 FR

42581–42582, August 16, 1996, Docket

No. 96–019–2). Based on the similarity

of event A5547–127 to the antecedent

organisms, AgrEvo requests a

determination that glufosinate tolerant

soybean event A5547–127 does not

present a plant pest risk and, therefore,

is not a regulated article under APHIS’

regulations in 7 CFR part 340.

Analysis

Event A5547–127 soybean contains a

synthetic version of the pat gene

derived from Streptomyces

viridochromogenes, which encodes the

PAT enzyme and confers tolerance to

glufosinate. Expression of the synthetic

pat gene is controlled by a 35S promoter

and terminator derived from the plant

pathogen cauliflower mosaic virus.

While the subject soybean event

contains fragments of the bla marker

gene, tests indicate this gene is not

expressed in the plant. The particle

acceleration method was used to

transfer the added genes into the

parental Glycine max A5547 cultivar.

Event A5547–127 soybean was

transformed with the same plasmid

vector and in the same manner as

certain antecedent organisms described

in APHIS petition number 96–068–01p,

and differs from them only in the copy

number and extent of integrated DNA.

The subject soybean line has been

considered a regulated article under

APHIS’ regulations in 7 CFR part 340

because it contains gene sequences

derived from a plant pathogen.

However, evaluation of field data

reports from field tests of this soybean

conducted under APHIS notifications

since 1996 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 AgrEvo and a review of

other scientific data and field tests of

the subject soybean line, APHIS has

determined that event A5547–127

soybean: (1) Exhibits no plant

pathogenic properties; (2) is no more

likely to become a weed than soybean

lines 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 the subject

soybean line and any progeny derived

from crosses with other soybean

varieties will be as safe to grow as

soybeans in traditional breeding

programs that are not subject to

regulation under 7 CFR part 340.

The effect of this determination is that

AgrEvo’s event A5547–127 soybean is

no longer 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 soybean line or

its progeny. However, importation of the

subject soybean line 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, as amended (NEPA) (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 AgrEvo’s event

A5547–127 soybean 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 1st day of

May 1998.

Craig A. Reed,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 98–12126 Filed 5–6–98; 8:45 am]

BILLING CODE 3410–34–P

DEPARTMENT OF AGRICULTURE

Forest Service

Anchor Hill Project, Gilt Edge Mine,

Environmental Impact Statement

Supplement, Black Hills National

Forest, SD

AGENCY: Forest Service, USDA.

ACTION: Notice of intent to prepare a

draft supplement to a final

environmental impact statement.

SUMMARY: J. Thomas Millard, Spearfish/

Nemo District Ranger, of the Black Hills

National Forest gives notice of the

agency’s intent to prepare a Draft

Supplement to the Final Environmental

Impact Statement for the Anchor Hill

Project of the Gilt Edge Mine. The

responsible official for this project is

John C. Twiss, Forest Supervisor, Black

Hills National Forest.

DATES: The Draft Supplement should be

available for public comment by the end

of April 1998. The Final Supplement

should be ready for public review in

July of 1998.

ADDRESSES: Send written comments to

District Ranger, Spearfish/Nemo

District, P.O. Box 407, Deadwood, SD

57732.

FOR FURTHER INFORMATION CONTACT:

Don Murray Lands and Minerals Staff

on the Spearfish/Nemo Ranger District,

(605) 578–2744.

SUPPLEMENTARY INFORMATION: The Draft

Supplement will provide additional

information and clarification of items in

the Final Environmental Impact

Statement for the Anchor Hill Project

published in November 1997. The

Anchor Hill Project is the proposed

expansion of an existing open pit gold