Dow AgroScience LLC; Availability of Petition, Plant Pest Risk Assessment, and Environmental Assessment for Determination of Nonregulated Status of Corn Genetically Engineered for Herbicide Tolerance, 80872-80873 [2011-33009]
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80872
Federal Register / Vol. 76, No. 248 / Tuesday, December 27, 2011 / Notices
of persistence in the environment after
completion of the test. Data are gathered
on multiple parameters and used by the
applicant to evaluate agronomic
characteristics and product
performance. These and other data are
used by APHIS to determine if the new
variety poses a plant pest risk.
In section 403 of the Plant Protection
Act, ‘‘plant pest’’ is defined as any
living stage of any of the following that
can directly or indirectly injure, cause
damage to, or cause disease in any plant
or plant product: A protozoan, a
nonhuman animal, a parasitic plant, a
bacterium, a fungus, a virus or viroid, an
infectious agent or other pathogen, or
any article similar to or allied with any
of the foregoing. APHIS has prepared a
plant pest risk assessment to determine
if soybean event MON 87769 is unlikely
to pose a plant pest risk.
APHIS has also prepared a draft
environmental assessment (EA) in
which it presents two alternatives based
on its analyses of data submitted by
Monsanto, a review of other scientific
data, and field tests conducted under
APHIS oversight. APHIS is considering
the following alternatives: (1) Take no
action, i.e., APHIS would not change the
regulatory status of soybean event MON
87769 and it would continue to be a
regulated article, or (2) make a
determination of nonregulated status of
soybean event MON 87769.
The draft EA has been prepared to
provide the APHIS decisionmaker with
a review and analysis of any potential
environmental impacts associated with
the proposed determination of
nonregulated status of soybean event
MON 87769. The draft EA was prepared
in accordance with (1) the National
Environmental Policy Act of 1969
(NEPA), as amended (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).
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 a determination of
nonregulated status from interested or
affected persons for a period of 60 days
from the date of this notice. We are also
soliciting written comments from
interested or affected persons on the
plant pest risk assessment and the draft
EA prepared to examine any potential
environmental impacts of the proposed
determination for the deregulation of
the subject soybean line. The petition,
VerDate Mar<15>2010
22:00 Dec 23, 2011
Jkt 226001
draft EA, and plant pest risk assessment
are available for public review, and
copies of the petition, draft EA, and
plant pest risk assessment are available
as indicated under ADDRESSES and FOR
FURTHER INFORMATION CONTACT above.
After the comment period closes,
APHIS will review all written comments
received during the comment period
and any other relevant information. All
comments received regarding the
petition, draft EA, and plant pest risk
assessment will be available for public
review. After reviewing and evaluating
the comments on the petition, the draft
EA, plant pest risk assessment, and
other data, APHIS will furnish a
response to the petitioner, either
approving or denying the petition.
APHIS will also publish a notice in the
Federal Register announcing the
regulatory status of soybean event MON
87769 and the availability of APHIS’
written environmental decision and
regulatory determination.
Authority: 7 U.S.C. 7701–7772 and 7781–
7786; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and
371.3.
Done in Washington, DC this 19th day of
December 2011.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. 2011–33002 Filed 12–22–11; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
[Docket No. APHIS–2010–0103]
Dow AgroScience LLC; Availability of
Petition, Plant Pest Risk Assessment,
and Environmental Assessment for
Determination of Nonregulated Status
of Corn Genetically Engineered for
Herbicide Tolerance
Animal and Plant Health
Inspection Service, USDA.
ACTION: Notice.
AGENCY:
We are advising the public
that the Animal and Plant Health
Inspection Service has received a
petition from Dow AgroScience LLC
seeking a determination of nonregulated
status of corn designated as DAS–
40278–9, which has been genetically
engineered for increased resistance to
broadleaf herbicides in the phenoxy
auxin group (such as the herbicide 2,4D) and resistance to grass herbicides in
the aryloxyphenoxypropionate acetyl
coenzyme A carboxylase inhibitor group
(such as quizalofop herbicides). The
petition has been submitted in
SUMMARY:
PO 00000
Frm 00005
Fmt 4703
Sfmt 4703
accordance with our regulations
concerning the introduction of certain
genetically engineered organisms and
products. We are soliciting comments
on whether this genetically engineered
corn is likely to pose a plant pest risk.
We are making available for public
comment the Dow AgroScience LLC
petition, our plant pest risk assessment,
and our draft environmental assessment
for the proposed determination of
nonregulated status.
DATES: We will consider all comments
that we receive on or before February
27, 2012.
ADDRESSES: You may submit comments
by either of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov/
#!documentDetail;D=APHIS–2010–
0103–0001.
• Postal Mail/Commercial Delivery:
Send your comment to Docket No.
APHIS–2010–0103, Regulatory Analysis
and Development, PPD, APHIS, Station
3A–03.8, 4700 River Road Unit 118,
Riverdale, MD 20737–1238.
Supporting documents and any
comments we receive on this docket
may be viewed at https://
www.regulations.gov/
#!docketDetail;D=APHIS–2010–0103 or
in our reading room, which is located in
room 1141 of the USDA South Building,
14th Street and Independence Avenue
SW., Washington, DC. Normal reading
room hours are 8 a.m. to 4:30 p.m.,
Monday through Friday, except
holidays. To be sure someone is there to
help you, please call (202) 690–2817
before coming.
The petition, draft environmental
assessment, and plant pest risk
assessment are also available on the
APHIS Web site at https://
www.aphis.usda.gov/brs/aphisdocs/
09_23301p.pdf, https://
www.aphis.usda.gov/brs/aphisdocs/
09_23301p _dea.pdf, and https://
www.aphis.usda.gov/brs/aphisdocs/
09_23301p _dpra.pdf.
FOR FURTHER INFORMATION CONTACT: Mr.
Evan Chestnut, Policy Analyst,
Biotechnology Regulatory Services,
APHIS, 4700 River Road Unit 147,
Riverdale, MD 20737–1236; (301) 734–
0942, email:
evan.a.chestnut@aphis.usda.gov. To
obtain copies of the petition, draft
environmental assessment, or plant pest
risk assessment, contact Ms. Cindy Eck
at (301) 734–0667, email:
cynthia.a.eck@aphis.usda.gov.
SUPPLEMENTARY INFORMATION:
Background
Under the authority of the plant pest
provisions of the Plant Protection Act (7
E:\FR\FM\27DEN1.SGM
27DEN1
sroberts on DSK5SPTVN1PROD with NOTICES
Federal Register / Vol. 76, No. 248 / Tuesday, December 27, 2011 / Notices
U.S.C. 7701 et seq.), 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 a
determination of nonregulated status
must take and the information that must
be included in the petition.
APHIS has received a petition (APHIS
Petition Number 09–233–01p) from Dow
AgroScience LLC (Dow) of Indianapolis,
IN, seeking a determination of
nonregulated status of corn (Zea mays)
designated as event DAS–40278–9,
which has been genetically engineered
for increased resistance to broadleaf
herbicides in the phenoxy auxin group
(such as the herbicide 2,4-D) and
resistance to grass herbicides in the
aryloxyphenoxypropionate acetyl
coenzyme A carboxylase inhibitor group
(such as quizalofop herbicides), stating
that this corn is unlikely to pose a plant
pest risk and, therefore, should not be
a regulated article under APHIS’
regulations in 7 CFR part 340.
As described in the petition, corn
event DAS–40278–9 has been
genetically engineered to express the
aryloxyalkanoate dioxygenase protein
AAD–1. Corn event DAS–40278–9 is
currently regulated under 7 CFR part
340. Interstate movements and field
tests of corn event DAS–40278–9 have
been conducted under permits issued or
notifications acknowledged by APHIS.
Field tests conducted under APHIS
oversight allowed for evaluation in a
natural agricultural setting while
imposing measures to minimize the risk
of persistence in the environment after
completion of the test. Data are gathered
on multiple parameters and used by the
applicant to evaluate agronomic
characteristics and product
performance. These and other data are
used by APHIS to determine if the new
variety poses a plant pest risk.
In section 403 of the Plant Protection
Act, ‘‘plant pest’’ is defined as any
VerDate Mar<15>2010
22:00 Dec 23, 2011
Jkt 226001
living stage of any of the following that
can directly or indirectly injure, cause
damage to, or cause disease in any plant
or plant product: A protozoan, a
nonhuman animal, a parasitic plant, a
bacterium, a fungus, a virus or viroid, an
infectious agent or other pathogen, or
any article similar to or allied with any
of the foregoing. APHIS has prepared a
plant pest risk assessment to determine
if corn event DAS–40278–9 is unlikely
to pose a plant pest risk.
APHIS has also prepared a draft
environmental assessment (EA) in
which it presents two alternatives based
on its analyses of data submitted by
Dow, a review of other scientific data,
and field tests conducted under APHIS
oversight. APHIS is considering the
following alternatives: (1) Take no
action, i.e., APHIS would not change the
regulatory status of corn event DAS–
40278–9 and it would continue to be a
regulated article, or (2) make a
determination of nonregulated status of
corn event DAS–40278–9.
The draft EA has been prepared to
provide the APHIS decisionmaker with
a review and analysis of any potential
environmental impacts associated with
the proposed determination of
nonregulated status of corn event DAS–
40278–9. The draft EA was prepared in
accordance with (1) the National
Environmental Policy Act of 1969
(NEPA), as amended (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).
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 a determination of
nonregulated status from interested or
affected persons for a period of 60 days
from the date of this notice. We are also
soliciting written comments from
interested or affected persons on the
plant pest risk assessment and the draft
EA prepared to examine any potential
environmental impacts of the proposed
determination for the deregulation of
the subject corn line. The petition, draft
EA, and plant pest risk assessment are
available for public review, and copies
of the petition, draft EA, and plant pest
risk assessment are available as
indicated under ADDRESSES and FOR
FURTHER INFORMATION CONTACT above.
After the comment period closes,
APHIS will review all written comments
received during the comment period
and any other relevant information. All
PO 00000
Frm 00006
Fmt 4703
Sfmt 4703
80873
comments received regarding the
petition, draft EA, and plant pest risk
assessment will be available for public
review. After reviewing and evaluating
the comments on the petition, the draft
EA, plant pest risk assessment, and
other data, APHIS will furnish a
response to the petitioner, either
approving or denying the petition.
APHIS will also publish a notice in the
Federal Register announcing the
regulatory status of corn event DAS–
40278–9 and the availability of APHIS’
written environmental decision and
regulatory determination.
Authority: 7 U.S.C. 7701–7772 and 7781–
7786; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and
371.3.
Done in Washington, DC, this 19th day of
December 2011.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. 2011–33009 Filed 12–22–11; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF AGRICULTURE
Food Safety and Inspection Service
[Docket No. FSIS–2011–0028]
Food Source Attribution; Public
Meeting
Food Safety and Inspection
Service, USDA.
ACTION: Notice of public meeting.
AGENCY:
The Food Safety and
Inspection Service (FSIS), in
collaboration with the Food and Drug
Administration (FDA), and the Centers
for Disease Control and Prevention
(CDC), is hosting a public meeting to
discuss Federal efforts to advance triagency understanding of food source
attribution and develop harmonized
food source attribution estimates useful
to informing targeted food safety
strategies. The public meeting will also
introduce the Interagency Food Safety
Analytics Collaboration (IFSAC), which
was formed to collaborate on analytic
projects. The meeting will also serve as
a platform to introduce IFSAC’s draft
Strategic Plan. Foodborne illness
attribution was selected as the initial
focus in light of the CDC foodborne
illness burden estimates released in
2011 and in response to stakeholder
input to develop a unified approach to
attribution. FSIS, FDA, and CDC are also
interested in input from stakeholders
regarding existing data and methods for
food source attribution in the United
States and the opportunities and
challenges in implementing the IFSAC
Strategic Plan.
SUMMARY:
E:\FR\FM\27DEN1.SGM
27DEN1
Agencies
[Federal Register Volume 76, Number 248 (Tuesday, December 27, 2011)]
[Notices]
[Pages 80872-80873]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-33009]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
[Docket No. APHIS-2010-0103]
Dow AgroScience LLC; Availability of Petition, Plant Pest Risk
Assessment, and Environmental Assessment for Determination of
Nonregulated Status of Corn Genetically Engineered for Herbicide
Tolerance
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 Dow AgroScience LLC
seeking a determination of nonregulated status of corn designated as
DAS-40278-9, which has been genetically engineered for increased
resistance to broadleaf herbicides in the phenoxy auxin group (such as
the herbicide 2,4-D) and resistance to grass herbicides in the
aryloxyphenoxypropionate acetyl coenzyme A carboxylase inhibitor group
(such as quizalofop herbicides). The petition has been submitted in
accordance with our regulations concerning the introduction of certain
genetically engineered organisms and products. We are soliciting
comments on whether this genetically engineered corn is likely to pose
a plant pest risk. We are making available for public comment the Dow
AgroScience LLC petition, our plant pest risk assessment, and our draft
environmental assessment for the proposed determination of nonregulated
status.
DATES: We will consider all comments that we receive on or before
February 27, 2012.
ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov/#!documentDetail;D=APHIS-2010-0103-0001.
Postal Mail/Commercial Delivery: Send your comment to
Docket No. APHIS-2010-0103, Regulatory Analysis and Development, PPD,
APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-
1238.
Supporting documents and any comments we receive on this docket may
be viewed at https://www.regulations.gov/#!docketDetail;D=APHIS-2010-
0103 or in our reading room, which is located in room 1141 of the USDA
South Building, 14th Street and Independence Avenue SW., Washington,
DC. Normal reading room hours are 8 a.m. to 4:30 p.m., Monday through
Friday, except holidays. To be sure someone is there to help you,
please call (202) 690-2817 before coming.
The petition, draft environmental assessment, and plant pest risk
assessment are also available on the APHIS Web site at https://www.aphis.usda.gov/brs/aphisdocs/09_23301p.pdf, https://www.aphis.usda.gov/brs/aphisdocs/09_23301p _dea.pdf, and https://www.aphis.usda.gov/brs/aphisdocs/09_23301p _dpra.pdf.
FOR FURTHER INFORMATION CONTACT: Mr. Evan Chestnut, Policy Analyst,
Biotechnology Regulatory Services, APHIS, 4700 River Road Unit 147,
Riverdale, MD 20737-1236; (301) 734-0942, email:
evan.a.chestnut@aphis.usda.gov. To obtain copies of the petition, draft
environmental assessment, or plant pest risk assessment, contact Ms.
Cindy Eck at (301) 734-0667, email: cynthia.a.eck@aphis.usda.gov.
SUPPLEMENTARY INFORMATION:
Background
Under the authority of the plant pest provisions of the Plant
Protection Act (7
[[Page 80873]]
U.S.C. 7701 et seq.), 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 Sec. 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 Sec. 340.6 describe
the form that a petition for a determination of nonregulated status
must take and the information that must be included in the petition.
APHIS has received a petition (APHIS Petition Number 09-233-01p)
from Dow AgroScience LLC (Dow) of Indianapolis, IN, seeking a
determination of nonregulated status of corn (Zea mays) designated as
event DAS-40278-9, which has been genetically engineered for increased
resistance to broadleaf herbicides in the phenoxy auxin group (such as
the herbicide 2,4-D) and resistance to grass herbicides in the
aryloxyphenoxypropionate acetyl coenzyme A carboxylase inhibitor group
(such as quizalofop herbicides), stating that this corn is unlikely to
pose a plant pest risk and, therefore, should not be a regulated
article under APHIS' regulations in 7 CFR part 340.
As described in the petition, corn event DAS-40278-9 has been
genetically engineered to express the aryloxyalkanoate dioxygenase
protein AAD-1. Corn event DAS-40278-9 is currently regulated under 7
CFR part 340. Interstate movements and field tests of corn event DAS-
40278-9 have been conducted under permits issued or notifications
acknowledged by APHIS.
Field tests conducted under APHIS oversight allowed for evaluation
in a natural agricultural setting while imposing measures to minimize
the risk of persistence in the environment after completion of the
test. Data are gathered on multiple parameters and used by the
applicant to evaluate agronomic characteristics and product
performance. These and other data are used by APHIS to determine if the
new variety poses a plant pest risk.
In section 403 of the Plant Protection Act, ``plant pest'' is
defined as any living stage of any of the following that can directly
or indirectly injure, cause damage to, or cause disease in any plant or
plant product: A protozoan, a nonhuman animal, a parasitic plant, a
bacterium, a fungus, a virus or viroid, an infectious agent or other
pathogen, or any article similar to or allied with any of the
foregoing. APHIS has prepared a plant pest risk assessment to determine
if corn event DAS-40278-9 is unlikely to pose a plant pest risk.
APHIS has also prepared a draft environmental assessment (EA) in
which it presents two alternatives based on its analyses of data
submitted by Dow, a review of other scientific data, and field tests
conducted under APHIS oversight. APHIS is considering the following
alternatives: (1) Take no action, i.e., APHIS would not change the
regulatory status of corn event DAS-40278-9 and it would continue to be
a regulated article, or (2) make a determination of nonregulated status
of corn event DAS-40278-9.
The draft EA has been prepared to provide the APHIS decisionmaker
with a review and analysis of any potential environmental impacts
associated with the proposed determination of nonregulated status of
corn event DAS-40278-9. The draft EA was prepared in accordance with
(1) the National Environmental Policy Act of 1969 (NEPA), as amended
(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).
In accordance with Sec. 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 a determination of
nonregulated status from interested or affected persons for a period of
60 days from the date of this notice. We are also soliciting written
comments from interested or affected persons on the plant pest risk
assessment and the draft EA prepared to examine any potential
environmental impacts of the proposed determination for the
deregulation of the subject corn line. The petition, draft EA, and
plant pest risk assessment are available for public review, and copies
of the petition, draft EA, and plant pest risk assessment are available
as indicated under ADDRESSES and FOR FURTHER INFORMATION CONTACT above.
After the comment period closes, APHIS will review all written
comments received during the comment period and any other relevant
information. All comments received regarding the petition, draft EA,
and plant pest risk assessment will be available for public review.
After reviewing and evaluating the comments on the petition, the draft
EA, plant pest risk assessment, and other data, APHIS will furnish a
response to the petitioner, either approving or denying the petition.
APHIS will also publish a notice in the Federal Register announcing the
regulatory status of corn event DAS-40278-9 and the availability of
APHIS' written environmental decision and regulatory determination.
Authority: 7 U.S.C. 7701-7772 and 7781-7786; 31 U.S.C. 9701; 7
CFR 2.22, 2.80, and 371.3.
Done in Washington, DC, this 19th day of December 2011.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2011-33009 Filed 12-22-11; 8:45 am]
BILLING CODE 3410-34-P