[Federal Register Volume 81, Number 216 (Tuesday, November 8, 2016)]
[Notices]
[Page 78567]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-26935]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
[Docket No. APHIS-2014-0056]
Withdrawal of an Environmental Assessment for the Field Release
of Genetically Engineered Diamondback Moths
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Notice.
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SUMMARY: We are advising the public that we are withdrawing an
environmental assessment that was prepared by the Animal and Plant
Health Inspection Service relative to a permitted environmental release
of diamondback moths which have been genetically engineered for
repressible female lethality and to express red fluorescence as a
marker. While we reached a finding of no significant impact (FONSI) in
connection with this action and posted that FONSI on our Web site, the
public was not notified of the FONSI via publication of an associated
notice in the Federal Register. We are therefore withdrawing the
environmental assessment and FONSI.
FOR FURTHER INFORMATION CONTACT: Mrs. Chessa Huff-Woodard,
Biotechnology Regulatory Services, APHIS, 4700 River Road Unit 146,
Riverdale, MD 20737-1236; (301) 851-3943.
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 (GE) organisms and
products are considered ``regulated articles.'' A permit must be
obtained or a notification acknowledged before a regulated article may
be released into the environment. The regulations set forth the permit
application requirements and the notification procedures for the
importation, interstate movement, or release into the environment of a
regulated article.
Subsequent to a permit application from Cornell University (APHIS
Permit Number 13-297-102r) seeking the permitted field release of three
strains of GE diamondback moth (DBM), Plutella xylostella, strains
designated as OX4319L-Pxy, OX4319N-Pxy, and OX4767A-Pxy, which have
been genetically engineered to exhibit red fluorescence (DsRed2) as a
marker and repressible female lethality, on August 28, 2014, the Animal
and Plant Health Inspection Service (APHIS) published in the Federal
Register a notice \1\ (79 FR 51299-51300, Docket No. APHIS-2014-0056)
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 the GE
DBMs.
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\1\ To view the notice, supporting documents, and comments we
received, go to http://www.regulations.gov/#!docketDetail;D=APHIS-
2014-0056.
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We solicited comments on the EA for 30 days ending September 29,
2014. We received 287 comments by that date. The comments were from
industry organizations, environmental and consumer advocacy groups,
researchers, and private citizens.
Based upon analysis described in the EA and a thorough review of
the comments we received, APHIS determined that release of the GE DBMs
would not have a significant impact on the quality of the human
environment. This finding of no significant impact (FONSI) was posted
on the APHIS Web site.
In November 2014, APHIS issued Permit Number 13-297-102r, which
allowed for open field release of the GE DBMs. No open field releases
took place under this permit. In July 2015, the initial permit was
amended to add caged releases to the list of allowable actions (APHIS
Permit Number 13-297-102r-a1). Caged releases pursuant to the amended
permit occurred between July 2015 and March 11, 2016, when the permit
was withdrawn.
Although, as mentioned previously, we posted the FONSI on our Web
site, we failed to formally advise the public of our FONSI regarding
the release of GE DBMs via publication of a second notice in the
Federal Register. Therefore, we are withdrawing the EA and FONSI
associated with the August 28, 2014, notice.
On March 16, 2016, APHIS received a permit application from Cornell
University (APHIS Permit Number 16-076-101r) seeking the permitted
field release of GE DBMs in both open and caged releases. We are
currently preparing an EA for this new application and will publish
notices associated with the EA and FONSI (if one is reached) in the
Federal Register.
Done in Washington, DC, this 2nd day of November 2016.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2016-26935 Filed 11-7-16; 8:45 am]
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