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

27041

Vol. 63, No. 94

Friday, May 15, 1998

DEPARTMENT OF AGRICULTURE

Agricultural Research Service

Notice of Intent To Grant Exclusive

License

AGENCY: Agricultural Research Service,

USDA.

ACTION: Notice of intent.

SUMMARY: Notice is hereby given that

the U.S. Department of Agriculture,

Agricultural Research Service, intends

to grant to Seedway of Hall, New York,

an exclusive license to Plant Variety

Protection Certificate Application No.

9800028, Soybean, ‘‘Donegal’’ filed

November 19, 1997. ‘‘Donegal’’ is a

forage soybean cultivar recommended

for forage production in the

northeastern states and is not intended

for grain production. ‘‘Donegal’s’’ Notice

of Availability was published in the

Federal Register on January 8, 1998.

DATES: Comments must be received on

or before July 14, 1998.

ADDRESSES: Send comments to: USDA,

ARS, Office of Technology Transfer,

Room 415, Building 005, BARC-West,

Beltsville, Maryland 20705–2350.

FOR FURTHER INFORMATION CONTACT: June

Blalock of the Office of Technology

Transfer at the Beltsville address given

above; telephone: 301–504–5989.

SUPPLEMENTARY INFORMATION: The

Federal Government’s patent rights to

this invention are assigned to the United

States of America, as represented by the

Secretary of Agriculture. It is in the

public interest to so license this

invention as Seedway submitted a

complete and sufficient application for

a license. The prospective exclusive

license will be royalty-bearing and will

comply with the terms and conditions

of 35 U.S.C. 209 and 37 CFR 404.7. The

prospective exclusive license may be

granted unless, within sixty (60) days

from the date of this published Notice,

the Agricultural Research Service

receives written evidence and argument

which establishes that the grant of the

license would not be consistent with the

requirements of 35 U.S.C. 209 and 37

CFR 404.7.

Richard M. Parry, Jr.

Assistant Administrator.

[FR Doc. 98–13007 Filed 5–14–98; 8:45 am]

BILLING CODE 3410–03–P

DEPARTMENT OF AGRICULTURE

Agricultural Research Service

Notice of Intent To Grant Exclusive

License

AGENCY: Agricultural Research Service,

USDA.

ACTION: Notice of intent.

SUMMARY: Notice is hereby given that

the U.S. Department of Agriculture,

Agricultural Research Service, intends

to grant to Wolf River Valley Seeds of

White Lake, Wisconsin, an exclusive

license to Plant Variety Protection

Certificate Application No. 9800027,

Soybean, ‘‘Derry’’ filed November 19,

1997. ‘‘Derry’’ is a forage soybean

cultivar recommended for forage

production in the northern midwestern

states and is not intended for grain

production. ‘‘Derry’s’’ Notice of

Availability was published in the

Federal Register on January 8, 1998.

DATES: Comments must be received on

or before July 14, 1998.

ADDRESSES: Send comments to: USDA,

ARS, Office of Technology Transfer,

Room 415, Building 005, BARC-West,

Beltsville, Maryland 20705–2350.

FOR FURTHER INFORMATION CONTACT: June

Blalock of the Office of Technology

Transfer at the Beltsville address given

above; telephone: 301–504–5989.

SUPPLEMENTARY INFORMATION: The

Federal Government’s patent rights to

this invention are assigned to the United

States of America, as represented by the

Secretary of Agriculture. It is in the

public interest to so license this

invention as Wolf River Valley Seeds

submitted a complete and sufficient

application for a license. The

prospective exclusive license will be

royalty-bearing and will comply with

the terms and conditions of 35 U.S.C.

209 and 37 CFR 404.7. The prospective

exclusive license may be granted unless,

within sixty (60) days from the date of

this published Notice, the Agricultural

Research Service receives written

evidence and argument which

establishes that the grant of the license

would not be consistent with the

requirements of 35 U.S.C. 209 and 37

CFR 404.7.

Richard M. Parry, Jr,

Assistant Administrator.

[FR Doc. 98–13004 Filed 5–14–98; 8:45 am]

BILLING CODE 3410–03–P

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

[Docket No. 97–119–2]

AgrEvo USA Co.; Availability of

Determination of Nonregulated Status

for Corn Genetically Engineered for

Insect Resistance and Glufosinate

Herbicide Tolerance

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Notice.

SUMMARY: We are advising the public of

our determination that the AgrEvo USA

Company’s corn line designated as

Transformation Event CBH–351, which

has been genetically engineered for

insect resistance and glufosinate

herbicide tolerance, 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

AgrEvo USA Company in its petition for

a determination of nonregulated status,

an analysis of other scientific data, and

our review of comments received from

the public in response to a previous

notice announcing our receipt of the

AgrEvo USA Company’s petition. This

notice also announces the availability of

our written determination document

and its associated environmental

assessment and finding of no significant

impact.

EFFECTIVE DATE: May 8, 1998.

ADDRESSES: The determination, an

environmental assessment and finding

of no significant impact, the petition,

and all written comments received

regarding the petition 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,
27042 Federal Register / Vol. 63, No. 94 / Friday, May 15, 1998 / Notices

except holidays. Persons wishing to

inspect those documents are requested

to call before visiting on (202) 690–2817

to facilitate entry into the reading room.

FOR FURTHER INFORMATION CONTACT: Dr.

Susan Koehler, Biotechnology and

Biological Analysis, PPQ, APHIS, 4700

River Road Unit 147, Riverdale, MD

20737–1236; (301) 734–4886. To obtain

a copy of the determination or the

environmental assessment and finding

of no significant impact, contact Ms.

Kay Peterson at (301) 734–4885; e-mail:

mkpeterson@aphis.usda.gov.

SUPPLEMENTARY INFORMATION:

Background

On September 22, 1997, the Animal

and Plant Health Inspection Service

(APHIS) received a petition (APHIS

Petition No. 97–265–01p) from AgrEvo

USA Company (AgrEvo) of Wilmington,

DE, seeking a determination that a corn

line designated as Transformation Event

CBH–351 (event CBH–351), which has

been genetically engineered for insect

resistance and glufosinate herbicide

tolerance, does not present a plant pest

risk and, therefore, is not a regulated

article under APHIS’ regulations in 7

CFR part 340.

On February 23, 1998, APHIS

published a notice in the Federal

Register (63 FR 8897–8898, Docket No.

97–119–1) 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 corn line and food

products derived from it. In the notice,

APHIS solicited written comments from

the public as to whether this corn line

posed a plant pest risk. The comments

were to have been received by APHIS on

or before April 24, 1998. During the

designated 60-day comment period,

APHIS received 2,271 form letters from

farmers expressing support for the

subject petition, and a comment letter

from a research entomologist at a

research unit of the U.S. Department of

Agriculture’s Agricultural Research

Service providing data and information

that event CBH–351 corn effectively

controls European corn borer (ECB)

during all corn developmental stages.

Analysis

Corn event CBH–351 has been

genetically engineered to express a

Cry9C insect control protein derived

from the common soil bacterium

Bacillus thuringiensis subsp. tolworthi

(Bt tolworthi). The petitioner stated that

the Cry9C protein is effective in

protecting the subject corn line from

damage caused by ECB larvae

throughout the growing season. The

subject corn line also expresses the bar

gene derived from the bacterium

Streptomyces hygroscopicus. The bar

gene encodes the phosphinothricin

acetyltransferase (PAT) enzyme, which,

when introduced into the plant cell,

confers tolerance to the herbicide

glufosinate. The particle bombardment

method was used to transfer the added

genes into the recipient inbred corn line

(PA91 x H99) x H99, and their

expression is controlled in part by gene

sequences derived from the plant

pathogens Agrobacterium tumefaciens

and cauliflower mosaic virus. While the

subject corn line contains the bla

selectable marker gene, which is

normally expressed in bacteria, tests

indicate that this gene is not expressed

in the plant.

The subject corn 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 the corn conducted under

APHIS notifications since 1995

indicates that there were no deleterious

effects on plants, nontarget organisms,

or the environment as a result of the

environmental release of corn event

CBH–351.

Determination

Based on its analysis of the data

submitted by AgrEvo, a review of other

scientific data and field tests of the

subject corn line, and an analysis of

comments from the public on the

subject petition, APHIS has determined

that corn event CBH–351: (1) Exhibits

no plant pathogenic properties; (2) is no

more likely to become a weed than corn

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; (5) will not harm

threatened or endangered species or

other organisms, such as bees, that are

beneficial to agriculture; and (6) should

not reduce the ability to control insects

and weeds in corn or other crops when

cultivated. Therefore, APHIS has

concluded that the subject corn line and

any progeny derived from crosses with

other corn varieties will be as safe to

grow as corn that is not subject to

regulation under 7 CFR part 340.

The effect of this determination is that

AgrEvo’s corn event CBH–351 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 corn or its

progeny. However, importation of corn

event CBH–351 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 corn event

CBH–351 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 11th day of

May 1998.

Charles P. Schwalbe,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 98–13006 Filed 5–14–98; 8:45 am]

BILLING CODE 3410–34–P

DEPARTMENT OF AGRICULTURE

Forest Service

Newspaper To Be Used for Publication

of Legal Notice of Appealable

Decisions and Publications of Notice

of Proposed Actions for Southern

Region; Alabama, Kentucky, Georgia,

Tennessee, Florida, Louisiana,

Mississippi, Virginia, West Virginia,

Arkansas, Oklahoma, North Carolina,

South Carolina, Texas, Puerto Rico

AGENCY: Forest Service, USDA.

ACTION: Notice.

SUMMARY: Deciding Officers in the

Southern Region will publish notice of

decisions subject to administrative

appeal under 36 CFR parts 215 and 217

in the legal notice section of the

newspapers listed in the Supplementary

Information section of this notice. As