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

14413

Vol. 60, No. 52

Friday, March 17, 1995

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

[Docket No. 95–016–1]

Receipt of Petition for Determination of

Nonregulated Status for Genetically

Engineered Tomato Lines

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 received a

petition from Zeneca Plant Science and

Petoseed Company, Inc., seeking a

determination of nonregulated status for

tomato lines designated as B, Da, and F

that have been genetically engineered

for suppressed polygalacturonase

enzyme activity. The petition has been

submitted in accordance with our

regulations concerning the introduction

of certain genetically engineered

organisms and products. In accordance

with those regulations, we are soliciting

public comments on whether these

tomato lines present a plant pest risk.

DATES: Written comments must be

received on or before May 16, 1995.

ADDRESSES: Please send an original and

three copies of your comments to

Docket No. 95–016–1, Animal and Plant

Health Inspection Service, Policy and

Program Development, Regulatory

Analysis and Development, 4700 River

Road Unit 118, Riverdale, MD 20737–

1228. Please state that your comments

refer to Docket No. 95–016–01. A copy

of the petition and any comments

received 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 access

to that room to inspect the petition or

comments are asked to call in advance

of visiting at (202) 690–2817.

FOR FURTHER INFORMATION CONTACT: Dr.

Subhash Gupta, Biotechnologist,

Animal and Plant Health Inspection

Service, Biotechnology, Biologics, and

Environmental Protection,

Biotechnology Permits, 4700 River Road

Unit 147, Riverdale, MD 20737–1228;

(301) 734–7612. To obtain a copy of the

petition, contact Ms. Kay Peterson at

(301) 734–7612.

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

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.

Paragraphs (b) and (c) of § 340.6

describe the form that a petition for

determination of nonregulated status

must take and the information that must

be included in the petition.

On February 7, 1995, APHIS received

a petition (APHIS Petition No. 94–290–

01p) from Zeneca Plant Science of

Wilmington, DE, and Petoseed

Company, Inc., of Woodland, CA,

(Zeneca/Petoseed) requesting a

determination of nonregulated status

under 7 CFR part 340 for modified T7

processing tomato inbred lines

designated as B, Da, and F that have

been genetically engineered for

suppressed polygalacturonase (PG)

enzyme activity. As described in the

petition, tomato lines B, Da, and F have

been developed from an unmodified

proprietary inbred tomato line coded as

T7, genetically engineered to contain a

fragment of the tomato PG gene in the

sense or antisense orientation. The PG

enzyme is responsible for the

breakdown of pectin molecules in the

cell walls of tomato fruit during

ripening. The inhibition of the PG

enzyme resulting from the transcription

of the PG gene fragment results in an

increased thickness of the tomato,

which is a desired characteristic in

processing tomatoes.

The PG gene fragment in the subject

tomato lines is regulated by the 35S

promoter from the plant pathogen

cauliflower mosaic virus. Tomato lines

B, Da, and F were transformed through

the use of disarmed vectors from a

common soil-borne bacterium, the plant

pathogen Agrobacterium tumefaciens.

The subject tomato lines also contain

the bacterial neomycin

phosphotransferase (nptII) gene that is

used as a selectable marker.

The subject tomato lines are currently

considered regulated articles under the

regulations in 7 CFR part 340 because

they contain gene sequences (vectors,

promoters, and terminators) derived

from plant pathogens. Tomato lines B,

Da, and F were evaluated in field trials

conducted under APHIS permits in

l991, 1992, and 1993, and under APHIS

notifications in 1994. In the process of

reviewing the applications for those

field trials, APHIS determined that the

vectors and other elements were

disarmed and that the trials, which were

conducted under conditions of

reproductive confinement, 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.

Food or animal feed uses of the

subject tomato lines may be subject to

regulation by the Food and Drug

Administration (FDA) under the
14414 Federal Register / Vol. 60, No. 52 / Friday, March 17, 1995 / Notices

authority of the Federal Food, Drug, and

Cosmetic Act (FFDCA) (21 U.S.C. 301 et

seq.). 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’s authority for

ensuring food safety under the FFDCA,

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.

Zeneca has notified the FDA that it has

completed its food safety and

nutritional assessment for the subject

tomato lines.

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

petitioners, 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

Zeneca/Petoseed’s tomato lines B, Da,

and F 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

March 1995.

Terry L. Medley,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 95–6651 Filed 3–16–95; 8:45 am]

BILLING CODE 3410–34–P

Forest Service

Elsmere Canyon Proposed Solid Waste

Management Facility

AGENCY: Forest Service, USDA.

ACTION: Revised date for end of

comment period.

SUMMARY: The Angeles National Forest

made available an Environmental

Impact Statement for the Elsmere

Canyon Proposed Solid Waste

Management Facility on January 20,

1995. This was announced in the

Federal Register / Vol. 60, No. 13 /

Friday, January 20, 1995 by the

Environmental Protection Agency,

under the Environmental Impact

Statements, Notice of Availability. The

EIS No. is 950009, Draft EIS. The

comment period was to end on April 28,

1995.

The Angeles National Forest has

extended the comment period.

Comments are due by close of business,

August 4, 1995.

FOR FURTHER INFORMATION CONTACT:

Paul Johnson, Deputy Forest Supervisor

at 818–574–5217 or Charles McDonald

at 818–574–5257 or written questions

may be directed to the U.S. Forest

Service, Elsmere EIS, 701 N. Santa Anita

Ave., Arcadia, CA 91006.

Dated: March 10, 1995.

Paul Johnson,

Deputy Forest Supervisor.

[FR Doc. 95–6633 Filed 3–16–95; 8:45 am]

BILLING CODE 3410–11–M

Beaver/Cedar Land Exchange;

Clearwater National Forest; Clearwater

and Latah Counties, Idaho

AGENCY: Forest Service, USDA.

ACTION: Notice; Intent to prepare an

environmental Impact statement.

SUMMARY: The Department of

Agriculture, Forest Service, Clearwater

National Forest, with assistance from

Potlatch Corporation, will prepare an

EIS (environmental impact statement)

for a proposal to exchange National

Forest land for Potlatch owned land.

The project area is located on the North

Fork Ranger District on the Clearwater

National Forest and the Palouse Ranger

District on the St. Joe National Forest

and administered by the Clearwater

National Forest, head-quartered in

Orofino, Idaho. The Agreement to

Initiate a land exchange was signed by

Potlatch Corporation on September 17,

1993, and the Forest Service on October

8, 1993. This exchange is proposed

pursuant to the General Exchange Acts

of March 1, 1911 and March 20, 1922,

as amended, and the Federal Land

Policy Management Act of October 21,

1976.

The EIS will tier to the Clearwater

National Forest Land and Resource

Management Plan Final EIS of

September, 1987, which provides

overall guidance of all land management

activities on the Clearwater National

Forest. Analyses will also be conducted

in compliance with the Stipulation of

Dismissal agreed to for the lawsuit

between the Forest Service and the

Sierra Club, et al (signed September 13,

1993).

The agency invites written comments

and suggestions on the issues and

management opportunities for the area

being analyzed.

DATES: Comments concerning the scope

of the analysis should be received

within 45 days following publication of

this notice to receive timely

consideration in the preparation of the

Draft EIS. The Draft EIS is anticipated to

be filed with the Environmental

Protection Agency in August 1995. The

Final EIS and Record of Decision are

expected to be issued in December of

1995.

ADDRESSES: Submit written comments

and suggestions on the proposed action

or requests to be placed on the project

mailing list to James L. Caswell, Forest

Supervisor, Clearwater National Forest,

12730 U.S. Highway 12, Orofino, ID,

83544. FAX: 208–476–8329.

FOR FURTHER INFORMATION CONTACT:

Bill Jones, Interdisciplinary Team

Leader, Clearwater National Forest,

Supervisor’s Office, telephone (208)

476–4541.

SUPPLEMENTARY INFORMATION: Potlatch

Corporation owns approximately thirtyseven sections of land, each containing

approximately 640 acres, within the

Cedars-Trout area of the North Fork

Ranger District. These sections alternate

with National Forest sections, and

together they comprise what is referred

to as a ‘‘checkerboard’’ area on the

Clearwater National Forest. The

majority of this area is unroaded and is

adjacent to the Upper North Fork and

Great Burn roadless areas. Large

portions of the area were impacted by

the 1910 burn and have returned to

stands of lodgepole pine, where as, the

unburned areas support stands of

western redcedar, grand fir, Douglas-fir,

western larch, Engelmann spruce, and

subalpine fir. A good elk population

inhabits the area, as do mule deer, white

tail deer, moose, mountain lion, river

otter, black bear, and maybe some

mountain goats in the higher elevations.

Fishing is excellent with an abundance

of cutthroat trout and bull trout, with

some brook trout in the smaller cold

streams. The area contains the popular

Cedars Campground and is adjacent to

a lot of historic gold mining activity in

Moose City and the surrounding

country.

The Beaver Block, owned by the

Forest Service, is characterized as an

island of timber surrounded by cut-over

private lands. It has a good gravel road