Federal Register / Vol. 60, No. 34 / Tuesday, February 21, 1995 / Notices 9657

(vectors, promoters, and terminators)

derived from plant pathogenic sources.

Event 176 Corn was evaluated in field

trials conducted under APHIS permits

in 1992 and 1993, and under APHIS

notifications in 1993 and 1994. In the

process of reviewing the applications for

field trials of the subject corn, 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.

This genetically engineered corn is

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, Ciba Seeds has submitted

to the EPA an application to register this

transgenic plant pesticide, the Btk

CryIA(b) insect control protein as

produced in corn. On January 13, 1995,

EPA announced receipt of this

application (EPA File Symbol 66736–R)

in the Federal Register (60 FR 3209;

OPP–30377; FRL–4928–9).

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.

Ciba Seeds has also submitted to the

EPA a pesticide petition (pp 4F4395)

proposing to amend 40 CFR part 180 to

establish a tolerance exemption for

residues of the plant pesticide active

ingredient B. thuringiensis deltaendotoxin as produced in corn by a

cryIA(b) gene and its controlling

sequences. On February 1, 1995, EPA

announced receipt of this petition in the

Federal Register (60 FR 6092–6093; PF–

618; FRL–4930–3).

Consistent with the ‘‘Coordinated

Framework for Regulation of

Biotechnology’’ (51 FR 23302–23350,

June 26, 1986), APHIS and the EPA are

coordinating their review of this

genetically engineered corn 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 avaible 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 Ciba

Seeds’ Event 176 Corn 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 13th day of

February 1995.

Lonnie J. King,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 95–4182 Filed 2–17–95; 8:45 am]

BILLING CODE 3410–34–M

[Docket No. 95–010–1]

Receipt of Permit Applications for

Release Into the Environment of

Genetically Engineered Organisms

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Notice.

SUMMARY: We are advising the public

that seven applications for permits to

release genetically engineered

organisms into the environment are

being reviewed by the Animal and Plant

Health Inspection Service. The

applications have been submitted in

accordance with 7 CFR part 340, which

regulates the introduction of certain

genetically engineered organisms and

products.

ADDRESSES: Copies of the applications

referenced in this notice, with any

confidential business information

deleted, are available for public

inspection in room 1141, South

Building, U.S. Department of

Agriculture, 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 an application are requested to

call ahead on (202) 690–2817 to

facilitate entry into the reading room.

You may obtain copies of the

documents by writing to the person

listed under FOR FURTHER INFORMATION

CONTACT.

FOR FURTHER INFORMATION CONTACT:

Dr. Arnold Foudin, Deputy Director,

Animal and Plant Health Inspection

Service, Biotechnology, Biologics, and

Environmental Protection,

Biotechnology Permits, 4700 River Road

Unit 147, Riverdale, MD 20737–1237.

The telephone number for the agency

contact will change when agency offices

in Hyattsville, MD, move to Riverdale,

MD, during February. Telephone: (301)

436–7612 (Riverdale).

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,’’ require a

person to obtain a permit before

introducing (importing, moving
9658 Federal Register / Vol. 60, No. 34 / Tuesday, February 21, 1995 / Notices

interstate, or releasing into the

environment) into the United States

certain genetically engineered

organisms and products that are

considered ‘‘regulated articles.’’ The

regulations set forth procedures for

obtaining a permit for the release into

the environment of a regulated article,

and for obtaining a limited permit for

the importation or interstate movement

of a regulated article.

Pursuant to these regulations, the

Animal and Plant Health Inspection

Service has received and is reviewing

the following applications for permits to

release genetically engineered

organisms into the environment:

Application No. Applicant Date received Organisms Field test location

94–355–01 ...... Betaseed Incorporated.12/21/94 Sugar beet plants genetically engineered to express resistance to the rhizomania virus and tolerance to the herbicide glufosinate.California, Idaho.

94–362–01 ...... Betaseed Incorporated.12/28/94 Sugar beet plants genetically engineered to express tolerance to the herbicide glufosinate.Idaho.

94–362–02 ...... University of Wisconsin.12/28/94 Alfalfa plants genetically engineered to express either a

lignin peroxidase or an alpha amylase, and marker genes

encoding neomycin phosphotransferase or beta glucuronidase.

Oregon, Wisconsin.

95–003–01 ...... U.S. Department of

Agriculture, Agricultural Research

Service.

1/03/95 Fusarium graminearum genetically engineered to express

altered levels of mycotoxin production.

Illinois, Indiana.

95–010–01 ...... Monsanto Company .. 1/10/95 Wheat plants genetically engineered to express genes for

fungal resistance.

Illinois.

95–010–02 ...... Monsanto Company .. 1/10/95 Wheat plants genetically engineered to express various

marker genes.

Illinois, Montana.

95–019–01 ...... Asgrow Seed Company.1/19/95 Carrot plants genetically engineered to express genes for

fungal resistance.

Michigan.

Done in Washington, DC, this 13th day of

February 1995.

Lonnie J. King,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 95–4181 Filed 2–17–95; 8:45 am]

BILLING CODE 3410–34–M

Forest Service

Siouxon Timber Sales and Other

Integrated Resource Projects, Gifford

Pinchot National Forest, Skamania

County, Washington

AGENCY: Forest Service, USDA.

ACTION: Cancellation of an

environmental impact statement.

SUMMARY: On October 11, 1990, a Notice

of Intent to prepare an environmental

impact statement (EIS) for the Siouxon

Timber Sales and Other integrated

Resource Projects on the Wind River

Ranger District of the Gifford Pinchot

National Forest was published in the

Federal Register (55 FR 41363). The

Forest Service has decided not to

prepare an EIS on this proposal;

therefore, this Notice of Intent is

rescinded.

FOR FURTHER INFORMATION CONTACT:

Direct questions regarding this

cancellation to Julie Knutson, Project

Leader, Wind River Ranger District,

Carson, Washington 98610; phone (509)

427–5645.

Dated: February 6, 1995.

Ted Stubblefield,

Forest Supervisor.

[FR Doc. 95–4130 Filed 2–17–95; 8:45 am]

BILLING CODE 3410–11–M

China Basin Fire Recovery and

Associated Activities Kootenai

National Forest, Lincoln County,

Montana

AGENCY: Forest Service, USDA.

ACTION: Notice of intent to prepare an

environmental impact statement.

SUMMARY: The China Basin and Quartz

3 Wildfires burned over 7,400 acres of

Kootenai National Forest system lands

in the late summer of 1994. The Forest

Service intends to prepare an

Environmental Impact Statement (EIS)

to assess and disclose the environmental

effects of opportunities designed to

recover economic value of burned

timber, reduce future fuels

accumulations, improve bighorn sheep

winter range, rehabilitate existing

sediment sources, improve hydrologic

conditions in affected watersheds, and

protect long-term soil productivity.

These objectives would be

accomplished through salvage harvest of

fire-killed timber; harvest of fire-killed

and green timber in bighorn sheep

winter range; reforestation of harvested

and severely burned areas; fuels

reduction in harvested areas; restoration

of roads, revegatation of road cuts and

fill slopes, and drainage improvement

on existing roads; and providing for

immediate and long-term recruitment of

instream large woody material within

the China Basin decision area. The

China Basin decision area is located

approximately 5 air miles northwest of

Libby, Montana.

The proposal’s actions to salvage firekilled trees and reforest burned areas,

harvest green and fire-killed trees in

bighorn sheep habitat, restore roads,

reduce fuels, and implement watershed

recovery projects are being considered

together because they represent either

connected or cumulative actions as

defined by the Council on

Environmental Quality (40 CFR

1508.25). The EIS will tier to the

Kootenai National Forest Land and

Resource Management Plan and Final

EIS of September 1987, which provides

overall guidance for achieving the

desired forest condition of the area.

DATES: Written comments and

suggestions should be received within

30 days following publication of this

notice.

ADDRESSES: The Responsible Official is

Robert L. Schrenk, Forest Supervisor,

Kootenai National Forest. Written

comments and suggestions concerning

the scope of the analysis should be sent

to Lawrence A. Froberg, District Ranger,

Libby Ranger District, 12557 HWY 37,

Libby, Montana, 59923.

FOR FURTHER INFORMATION CONTACT:

Michele Holman, Planning Forester,

Libby Ranger Station. Phone: (406) 293–

8861.