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

2789

Vol. 61, No. 19

Monday, January 29, 1996

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection

Service

[Docket No. 95–067–2]

Northrup King Co.; Availability of

Determination of Nonregulated Status

for Corn Line Genetically Engineered

for Insect Resistance

AGENCY: Animal and Plant Health

Inspection Service, USDA.

ACTION: Notice.

SUMMARY: We are advising the public of

our determination that a corn line

developed by the Northrup King

Company designated as Bt11 that has

been genetically engineered for insect

resistance 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 the

Northrup King 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 Northrup King 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: January 18, 1996.

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,

except holidays. Persons wishing to

inspect those documents are asked to

call in advance of visiting at (202) 690–

2817.

FOR FURTHER INFORMATION CONTACT: Dr.

Subhash Gupta, Biotechnologist,

Biotechnology Permits, BBEP, APHIS,

4700 River Road Unit 147, Riverdale,

MD 20737–1237; (301) 734–7612. To

obtain a copy of the determination or

the environmental assessment and

finding of no significant impact, contact

Ms. Kay Peterson at (301) 734–7612.

SUPPLEMENTARY INFORMATION:

Background

On July 14, 1995, the Animal and

Plant Health Inspection Service (APHIS)

received a petition (APHIS Petition No.

95–195–01p) from the Northrup King

Company (Northrup King) of Golden

Valley, MN, seeking a determination

that a corn line designated as Bt11 that

has been genetically engineered for

resistance to the European corn borer

(ECB) does not present a plant pest risk

and, therefore, is not a regulated article

under APHIS’ regulations in 7 CFR part

340.

On September 7, 1995, APHIS

published a notice in the Federal

Register (60 FR 46573–46574, Docket

No. 95–067–1) announcing that the

Northrup King 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 the subject corn

line posed a plant pest risk. The

comments were to have been received

by APHIS on or before November 6,

1995.

APHIS received a total of 106

comments on the subject petition during

the designated 60-day comment period

from seed companies, individuals,

farmers and farm seed dealers,

agricultural products companies, State

departments of agriculture, an

agricultural council, a growers

association, and a university. All of the

comments were favorable to the

petition.

Analysis

Corn line Bt11 has been genetically

engineered to contain the cryIA(b) gene

from Bacillus thuringiensis subsp.

kurstaki (Btk), which expresses a deltaendotoxin insecticidal protein known to

be effective against certain lepidopteran

insects, including ECB. Corn line Bt11

also contains the pat gene isolated from

Streptomyces viridochromogenes that

encodes a selectable marker, the

phosphinothricin-N-acetyltransferase

(PAT) enzyme. When introduced into

the plant cell, the PAT enzyme can

inactivate glufosinate herbicides.

Expression of the introduced genes is

controlled by the 35S promoter derived

from the plant pathogen cauliflower

mosaic virus and a NOS terminator

derived from the nopaline synthase gene

of Agrobacterium tumefaciens.

Corn line Bt11 has been considered a

regulated article under APHIS’

regulations in 7 CFR part 340 because it

contains regulatory gene sequences

derived from plant pathogens. However,

evaluation of field data reports from

field tests of the subject corn line

conducted under APHIS permits or

notifications since 1992 indicates that

there were no deleterious effects on

plants, nontarget organisms, or the

environment as a result of the subject

corn plants’ release into the

environment.

Determination

Based on its analysis of the data

submitted by Northrup King and a

review of other scientific data,

comments received, and field tests of

the subject corn line, APHIS has

determined that corn line Bt11: (1)

Exhibits no plant pathogenic properties;

(2) is no more likely to become a weed

than corn 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) should not

cause damage to raw or processed

agricultural commodities; (5) will not

harm other organisms, including

agriculturally beneficial organisms and

threatened and endangered species; and

(6) should not reduce the ability to

control insects in corn and other crops.

Therefore, APHIS has concluded that

corn line Bt11 and any progeny derived

from hybrid crosses with other

nontransformed corn varieties will be

just as safe to grow as traditionally bred

corn lines that are not regulated under

7 CFR part 340.

The effect of this determination is that

a corn line designated as Bt11 is no

longer considered a regulated article
2790 Federal Register / Vol. 61, No. 19 / Monday, January 29, 1996 / Notices

under APHIS’ regulations in 7 CFR part

340. Therefore, the notification

requirements pertaining to regulated

articles under those regulations no

longer apply to the field testing,

importation, or interstate movement of

corn line Bt11 or its progeny. However,

the importation of the subject corn line

or seeds capable of propagation is 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 (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; 60 FR 6000–6005, February 1,

1995). Based on that EA, APHIS has

reached a finding of no significant

impact (FONSI) with regard to its

determination that corn line Bt11 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 22nd day of

January 1996.

Terry L. Medley,

Acting Administrator, Animal and Plant

Health Inspection Service.

[FR Doc. 96–1507 Filed 1–26–96; 8:45 am]

BILLING CODE 3410–34–P

Farm Service Agency

National Conservation Review Group;

Meeting

AGENCY: Farm Service Agency.

ACTION: Notice of meeting.

SUMMARY: The National Conservation

Review Group will meet to consider

recommendations from State and

County Conservation Review Groups

with respect to the operational features

of the Agricultural Conservation

Program (ACP), the Conservation

Reserve Program (CRP), and the

Emergency Conservation Program (ECP).

Comments and suggestions will be

received prior to the NCRG meeting

concerning the ACP, CRP, and ECP

administered by the Farm Service

Agency (FSA).

DATES: The meeting is scheduled for

February 29, 1996.

ADDRESSES: The meeting will be held at

United States Department of Agriculture

(USDA), South Building, room 5066, at

14th and Independence Avenue, SW,

Washington, DC.

FOR FURTHER INFORMATION CONTACT:

Cheryl Zavodny, FSA, USDA, P.O. Box

2415, room 4768, South Building,

Washington, DC, 20013–2415, telephone

202–720–7333.

SUPPLEMENTARY INFORMATION: The

National Conservation Review Group

meeting will be held from 9 a.m. to 3

p.m. on February 29, 1996, at the USDA

South Building, room 5066, 14th and

Independence Avenue, SW,

Washington, DC. Meeting sessions will

be open to the public.

The agenda will include

consideration of State and County

Conservation Review Group

recommendations for changes in the

administrative procedures and policy

guidelines of the ACP, CRP, and ECP.

An opportunity will be provided for the

public to present comments at the

meeting on these conservation and

environmental programs administered

by FSA.

Because of time constraints and

anticipated participation from interested

individuals and groups, comments will

be limited to not more than 5 minutes.

Individuals or groups interested in

making recommendations may also

make them in writing and submit them

by February 15, 1996, to Cheryl

Zavodny, FSA, USDA, P.O. Box 2415,

room 4768–S, Washington, DC 20013–

2415. The meeting may also include

discussion of current procedures,

criteria, and guidelines relevant to the

implementation of these programs.

Because of limited space, persons

desiring to attend the meeting should

call Cheryl Zavodny at 202–720–7333 to

make reservations.

Signed at Washington, DC, on January 22,

1996.

Grant Buntrock,

Administrator, Farm Service Agency.

[FR Doc. 96–1480 Filed 1–26–96; 8:45 am]

BILLING CODE 3410–05–P

Food Safety and Inspection Service

[Docket No. 95–053N]

Nutritional Labeling/Safe Handling

Information Study, Raw Meat and

Poultry; Availability

AGENCY: Food and Safety and Inspection

Service, USDA.

ACTION: Notice of availability of report.

SUMMARY: The Food Safety and

Inspection Service (FSIS) is announcing

the availability of the report,

‘‘Nutritional Labeling/Safe Handling

Information Study, Raw Meat and

Poultry.’’ This report summarizes

survey data on actions taken by food

retailers to provide consumers with

nutrition information and safe handling

instructions on raw meat and poultry

products.

DATES: Comments may be submitted at

any time.

ADDRESSES: Submit written comments

and requests for single copies of the

report to: Charles R. Edwards, Director,

Product Assessment Division,

Regulatory Programs, Food Safety and

Inspection Service, U.S. Department of

Agriculture, Washington, DC 20250,

Docket #95–053N. Send a selfaddressed, adhesive mailing label to

assist the office in processing requests

for copies.

FOR FURTHER INFORMATION CONTACT:

Charles R. Edwards, Director, Product

Assessment Division, Regulatory

Programs, Food Safety and Inspection

Service, U.S. Department of Agriculture,

Washington, DC 20250, (202) 254–2565.

SUPPLEMENTARY INFORMATION: On

January 6, 1993, FSIS published a final

rule, ‘‘Nutrition Labeling of Meat and

Poultry Products,’’ (58 FR 632) that, in

part, established a voluntary nutrition

labeling program for single-ingredient,

raw meat and poultry products.

To determine if significant numbers of

food retailers were participating in the

voluntary nutrition labeling program

and were providing nutrition labeling

for single-ingredient, raw meat and

poultry products, FSIS contracted with

National Retail Tracking Index, Inc.

(NRTI) to collect this data. The survey

showed that of the nearly 2,000 grocery

stores surveyed nationwide, 66.5

percent were providing nutrition

information in accordance with the

voluntary nutrition labeling program

guidelines. When the results are

weighted by the stores’ annual sales

volumes, the participation level rose to

72.2 percent, comfortably exceeding the

target goal of 60 percent.

FSIS will continue to assess retailer

participation in the program every two

years. If significant participation by food

retailers exists, that is, at least 60

percent of all stores that are evaluated

are participating in accordance with the

guidelines, the voluntary nutrition

labeling program will remain in effect.

On March 28, 1994 (59 FR 14528),

FSIS made safety handling instructions

mandatory on the labels of all raw meat