Federal Register / Vol. 60, No. 27 / Thursday, February 9, 1995 / Notices 7747

terminators) derived from plant

pathogenic sources. In cotton growing

locations throughout the United States,

cotton line 531 was evaluated under 5

APHIS permits issued between 1991

and 1993, and cotton lines 757 and 1076

were tested under 6 APHIS permits or

notifications in 1993 and 1994. After

reviewing Monsanto’s permit

applications for field trials of cotton

lines 531, 757, and 1076, 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

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.

These genetically engineered cotton

lines are also currently subject to

regulation by other agencies. The 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. Accordingly,

Monsanto has submitted to EPA an

application for a conditional registration

for a transgenic plant pesticide

containing the new active ingredient Btk

delta endotoxin protein as produced by

the cryIA(c) gene and its controlling

sequences. On September 29, 1994, EPA

announced receipt of this application

(EPA File Symbol 524–UTI) in the

Federal Register (59 FR 49663, OPP–

30373; FRL–4913–5).

Under the Federal Food, Drug, and

Cosmetic Act (21 U.S.C. 301 et seq.),

pesticides added to raw agricultural

commodities generally are considered to

be unsafe unless a tolerance or

exemption from tolerance has been

established. Foods containing unsafe

pesticides are deemed to be adulterated.

Residue tolerances for pesticides are

established by EPA under the Federal

Food, Drug, and Cosmetic Act; the Food

and Drug Administration (FDA)

enforces the tolerances set by the EPA.

Monsanto has also submitted to the EPA

a pesticide petition (PP 4F4331)

proposing to amend 40 CFR part 180 to

establish a tolerance exemption for

residues of the plant pesticide active

ingredient Btk delta endotoxin protein

as produced by the cryIA(c) gene and its

controlling sequences. On September

14, 1994, EPA announced receipt of this

petition in the Federal Register (59 FR

47136–47137, PF–605; FRL–4904–7).

Consistent with the ‘‘Coordinated

Framework for Regulation of

Biotechnology’’ (51 FR 23302–23350,

June 26, 1986), APHIS and the EPA are

coordinating their reviews of these

genetically engineered cotton lines to

avoid duplication and assure that all

relevant issues are addressed.

The 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 the FDA authority for

ensuring food safety under the Federal

Food, Drug, and Cosmetic Act, 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.

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 genetically engineered

cotton lines 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 2.17, 2.51,

and 371.2(c).

Done in Washington, DC, this 3rd day of

February 1995.

Terry L. Medley,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 95–3290 Filed 2–8–95; 8:45 am]

BILLING CODE 3410–34–M

[Docket 94–119–3]

Boll Weevil Control Program; Change

of Public Hearing Site

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 changed the

location and time of one of two public

hearings scheduled to be held regarding

an environmental assessment and

preliminary finding of no significant

impact for a proposed program to

eradicate the boll weevil in the Lower

Rio Grande Valley, Texas. The hearings

were announced in a notice published

in the Federal Register on January 30,

1995. We have changed the site and

time of the second hearing in response

to requests from the public.

DATES: Two public hearings will be held

on February 16, 1995, in Weslaco, TX;

one from 1 p.m. to 5:30 p.m., the other

from 7:30 p.m. to 10:30 p.m. Pre-hearing

registration for oral participation at a

hearing may be made by mail

(postmarked on or before February 8,

1995), or at the hearing site on the date

of the hearings, beginning one hour

prior to each hearing.

ADDRESSES: The first public hearing (1

p.m. to 5:30 p.m.) will be held in the

Hoblitzelle Auditorium, Texas

Agriculture Experiment Station, 2415

East Highway 83, Weslaco, TX. The

second public hearing (7:30 p.m. to

10:30 p.m.) will be held at the Best

Western Palm Air Motor Inn, 415 South

International Boulevard (Highway

1015), Weslaco, TX. Registration for oral

participation at either hearing may be

mailed to Vicki Wickheiser,

Environmental Analysis and

Documentation, BBEP, APHIS, USDA,

Room 543, Federal Building, 6505

Belcrest Road, Hyattsville, MD 20782.

FOR FURTHER INFORMATION CONTACT:

Vicki Wickheiser at the address listed

above or by telephone at (301) 436–

8963.

SUPPLEMENTARY INFORMATION: On

January 30, 1995, the Animal and Plant

Health Inspection Service published in

the Federal Register (60 FR 5617–5618,

Docket No. 94–119–2) a notice that, in

part, announced that two public
7748 Federal Register / Vol. 60, No. 27 / Thursday, February 9, 1995 / Notices

hearings have been scheduled for

February 16, 1995, in Weslaco, TX. The

hearings are being held to explain the

findings in an environmental

assessment (EA) prepared for a

proposed program to eradicate the boll

weevil in the Lower Rio Grande Valley

of Texas. The hearings are also intended

to provide a forum for the public to

present views and ask questions

regarding the EA.

In response to requests received from

the public, we have changed the site

and time of the second hearing. The onsite pre-hearing registration and the

hearing itself will be held at the Best

Western Palm Air Motor Inn (see the

ADDRESSES section of this notice). The

time and place of the first hearing

remain the same as announced in the

January 30 notice (see the DATES section

of this notice).

Persons who wish to speak at either

hearing may register in advance by mail

(see the ADDRESSES section of this

notice), or in person at the hearing site.

To register by mail, individuals should

send a letter or postcard with their name

and affiliation (e.g., farm worker,

grower, or academician) and should

specify which of the hearings they wish

to attend, and the approximate length of

time needed for their presentation and

questions. On the day of the hearing,

registration at the hearing site will begin

at noon for the 1 p.m. hearing and at

6:30 p.m. for the 7:30 p.m. hearing.

Attendees who do not register in

advance will be allowed to speak after

all scheduled speakers have been heard.

We ask that anyone who reads a

statement provide two copies to the

presiding officer at the hearing. The

presiding officer may limit the time for

each presentation in order to allow

everyone wishing to speak the

opportunity to be heard.

The substance of this notice will be

published in newspapers (English and

Spanish) serving the Lower Rio Grande

Valley of Texas.

Done in Washington, DC, this 3rd day of

February 1995.

Terry L. Medley,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 95–3289 Filed 2–8–95; 8:45 am]

BILLING CODE 3410–34–P

Forest Service

Mount St. Helens National Volcanic

Monument Boundary Modification

AGENCY: Forest Service, USDA.

ACTION: Notice of intent to modify

boundary.

SUMMARY: The Forest Service hereby

gives notice of a proposed minor

boundary modification for the Mount St.

Helens National Volcanic Monument,

Gifford Pinchot National Forest, Cowlitz

County, Washington. The Act of August

26, 1982, establishing the Monument

requires public notice of proposed

boundary changes for a 60-day period

prior to final approval by the Secretary

of Agriculture.

DATES: The 60-day notice period expires

April 10, 1995.

FOR FURTHER INFORMATION CONTACT:

Ralph Bauman, Lands Staff, Forest

Service, USDA, P.O. Box 96090,

Washington, DC 20090–6090, telephone:

(202) 205–1248; or Bruce Watson,

Assistant Lands Staff Officer, Gifford

Pinchot National Forest, P.O. Box 8944,

Vancouver, Washington 98668–8944,

telephone: (206) 750–5103.

SUPPLEMENTARY INFORMATION: In

accordance with section 1(b)(2) of the

Act of August 26, 1982 (96 Stat. 301),

establishing the Mount St. Helens

National Volcanic Monument, the

Secretary of Agriculture proposes a

minor modification of the originally

adopted boundary of the Monument.

The modification will remove

approximately 1.93 acres from the

111,500-acre Monument.

The current boundary of the

Monument follows the east-west

centerline of Section 35 to the south

right-of-way line of State Route 504. The

revision would delete a strip of land 100

feet wide containing Weyerhaeuser

Company’s access road to their lands

north of the Monument.

The purpose of this boundary change

is to recognize the newly created land

ownership pattern in the area. During

the negotiations with Weyerhaeuser

Company for the acquisition of their

property, it was agreed to exclude this

1.93 acre parcel. The acquisition of the

Weyerhaeuser Company lands was

completed in April of 1993, and a minor

modification of the boundary is

appropriate in this area.

The legal description of the boundary

change is as follows: All descriptions

are for the Willamette Meridian, Cowlitz

County, Washington.

A strip of land 100 feet wide, 50 feet on

each side of the following described

centerline, as surveyed and filed in VOL. 12

PAGE 78, Cowlitz County, Washington.

Beginning at the West 1⁄4 corner of section 35,

T. 10 N., R. 4 E., thence S 88°¥41′¥06′′ E,

along the East-West centerline of section 35,

a distance of 2483.41 feet to the intersection

of the centerline of Weyerhaeuser road

number 3500, and the true point of

beginning; thence southerly with the

centerline of Weyerhaeuser road number

3500, S 18°¥19′¥24′′ E a distance of 290.23

feet to the beginning of a curve concave to

the West, having a radius of 247.03 feet,

thence southerly 98.67 feet along said curve

with a central angle of 22°¥53′¥04′′ to the

end of said curve, thence S 4°¥33′¥40′′ W

a distance of 114.01 feet to the beginning of

a curve concave to the West, having a radius

of 245.21 feet, thence southwesterly 206.80

feet along said curve with a central angle of

48°¥19′¥21′′ to the end of said curve,

thence S 52°¥53′¥01′′ E a distance of 130.34

feet to the intersection with the Northerly

right of way for State Highway number 504.

Maps showing this modification are

available at the Office of the Forest

Supervisor, Gifford Pinchot National

Forest, 6926 E. Fourth Plain Blvd,

Vancouver, Washington, and at the

Office of the Monument Manager,

Chelatchie, Washington. Notice has also

been given to congressional committees

as required by the Act. A notice of final

action on this boundary revision will be

published in the Federal Register

following the 60-day period.

Dated: February 2, 1995.

Sterling J. Wilcox,

Acting Associate Deputy Chief.

[FR Doc. 95–3161 Filed 2–8–95; 8:45 am]

BILLING CODE 3410–11–M

Thompson Creek Supplemental Plan of

Operation Challis National Forest,

Custer County, Idaho

AGENCY: Forest Service, USDA.

ACTION: Notice of intent to prepare

supplemental environmental impact

statement.

SUMMARY: The USDA, Forest Service,

will prepare a supplement to the

October 1980, Environmental Impact

Statement (EIS) for the Cyprus

Thompson Creek Mine (CTC). The

Supplement will disclose the

environmental effects of a proposal

submitted by Thompson Creek Mining

Company (TCMC) to prevent, control

and treat acid rock drainage (ARD) at

the Thompson Creek Mine. The

potential for acid rock drainage was

evaluated in the 1980 EIS, however, the

predictive modeling program did not

project that acid generation would be

sufficient to cause ARD. The occurrence

of ARD is a new circumstance, relevant

to environmental concerns and bearing

on the impacts of the project, therefore,

the 1980 EIS will be supplemented to

disclose the effects of these new

circumstances. The proposal, as

submitted by CTC, identifies

modifications to the operating plan

which would eliminate or control acid

rock drainage. The modifications to the

plan would: (1) Identify and isolate

waste rock that has the potential for

ARD, (2) limit infiltration and migration