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###### Department of Agriculture

###### Animal and Plant Health Inspection Service

          - [Docket No. APHIS-2009-0058]

# AGENCY:

Animal and Plant Health Inspection Service, USDA.

# ACTION:

Notice.

# SUMMARY:

                        We are advising the public that an environmental assessment and finding of no significant impact have been prepared by the Animal and Plant Health Inspection Service relative to the release of an insect,                         *Megamelus scutellaris*, into the continental United States for use as a biological control agent to reduce the severity of water hyacinth infestations. Based on its finding of no significant impact, the Animal and Plant Health Inspection Service has determined that an environmental impact statement need not be prepared.                    

# FOR FURTHER INFORMATION CONTACT:

Dr. Shirley Wager-Page, Chief, Pest Permitting Branch, PPQ, APHIS, 4700 River Road Unit 133, Riverdale, MD 20737-1237; (301) 734-8453.

# SUPPLEMENTARY INFORMATION:

## Background

                    The Animal and Plant Health Inspection Service (APHIS) is proposing to issue permits for the release of an insect,                     *Megamelus scutellaris*, into the continental United States for use as a biological control agent to reduce the severity of water hyacinth infestations.                

                    On November 16, 2009, we published in the                     **Federal Register**                     (74 FR 58939-58940, Docket No. APHIS-2009-0058) a notice1                     in which we announced the availability, for public review and comment, of an environmental assessment (EA) that examined the potential environmental impacts associated with the proposed release of this biological control agent into the continental United States.                

We solicited comments on the EA for 30 days ending December 16, 2009. We received one comment, from a State game and fish department. Our responses to the issues raised in the comment can be found in Appendix E of the final EA (see footnote 1).

                    In this document, we are advising the public of our finding of no significant impact (FONSI) regarding the release of                     *M*.                     *scutellaris*                     into the continental United States for use as a biological control agent to reduce the severity of water hyacinth infestations. The finding, which is based on the EA, reflects our determination that release of this biological control agent will not have a significant impact on the quality of the human environment.                

                    The EA and FONSI may be viewed on the Regulations.gov Web site (see footnote 1). Copies of the EA and FONSI are also available for public inspection 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 copies are requested to call ahead on (202) 690-2817 to facilitate entry into the reading room. In addition, copies may be obtained by writing to the individual listed under                     **FOR FURTHER INFORMATION CONTACT**                    .                

                    The EA and FONSI have been 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).                

                    Done in Washington, DC, this 27th                     day of April 2010.                

Kevin Shea

Acting Administrator, Animal and Plant Health Inspection Service.

# Footnotes

1.                             To view the notice, EA, FONSI, and response to comments, go to (                        *http://www.regulations.gov/​fdmspublic/​component/​main?​main=​DocketDetail&​d=​APHIS-2009-0058*).                    
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[FR Doc. 2010-10280 Filed 4-30-10; 8:45 am]

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