Monsanto Co.; Availability of Petition for Determination of Nonregulated Status of Maize Genetically Engineered With Tissue-Selective Glyphosate Tolerance Facilitating the Production of Hybrid Maize Seed, 41359-41361 [2012-17142]
Download as PDF
srobinson on DSK4SPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 135 / Friday, July 13, 2012 / Notices
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 09–328–01p) from
Bayer CropScience LP (Bayer), seeking a
determination of nonregulated status of
soybean designated as event FG72,
which has been genetically engineered
to tolerate the herbicides glyphosate and
isoxaflutole. The petition states that this
soybean 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, soybean
event FG72 contains the stably
integrated 2mepsps gene, which confers
tolerance to the herbicide glyphosate,
and the hppdPfW336 gene, which
confers tolerance to HPPD inhibitors
such as the herbicide isoxaflutole.
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 soybean event FG72 is unlikely to
pose a plant pest risk.
VerDate Mar<15>2010
17:08 Jul 12, 2012
Jkt 226001
APHIS has also prepared a draft
Environmental Assessment (EA) in
which it presents two alternatives based
on its analyses of data submitted by
Bayer, 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 FG72
and it would continue to be a regulated
article, or (2) make a determination of
nonregulated status for soybean event
FG72.
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 for soybean event
FG72. 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).
Paragraph (d) of § 340.6 provides that
APHIS will publish a notice in the
Federal Register providing 60 days for
public comment for petitions for a
determination of nonregulated status.
On March 6, 2012, we published in the
Federal Register (77 FR 13258–13260,
Docket No. APHIS–2011–0129) a
notice 1 describing our updated process
for soliciting public comment when
considering such petitions. As described
in the notice, all petitions received by
APHIS on or after March 6, 2012, will
be handled using the updated process,
whereby APHIS will publish two
separate notices in the Federal Register
for petitions for which APHIS prepares
an environmental assessment. For
petitions received before this date,
however, we indicated that petitions
may follow our previous process, i.e.,
the petition, draft EA, and PPRA will be
made available in a single Federal
Register notice for a 60-day comment
period. For this petition, APHIS will
follow our previous process.
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
1 To view the notice, go to https://www.
regulations.gov/#!docketDetail;D=APHIS-20110129.
PO 00000
Frm 00010
Fmt 4703
Sfmt 4703
41359
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 of nonregulated status of
the subject soybean 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 soybean event FG72
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 9th day of
July 2012.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. 2012–17136 Filed 7–12–12; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
[Docket No. APHIS–2012–0027]
Monsanto Co.; Availability of Petition
for Determination of Nonregulated
Status of Maize Genetically Engineered
With Tissue-Selective Glyphosate
Tolerance Facilitating the Production
of Hybrid Maize Seed
Animal and Plant Health
Inspection Service, USDA.
ACTION: Notice.
AGENCY:
We are advising the public
that the Animal and Plant Health
Inspection Service (APHIS) has received
a petition from the Monsanto Company
seeking a determination of nonregulated
status of maize designated as MON
87427, which has been genetically
SUMMARY:
E:\FR\FM\13JYN1.SGM
13JYN1
41360
Federal Register / Vol. 77, No. 135 / Friday, July 13, 2012 / Notices
engineered with tissue-selective
tolerance to glyphosate in order to
facilitate the production of hybrid maize
seed. The petition has been submitted in
accordance with our regulations
concerning the introduction of certain
genetically engineered organisms and
products. We are making the Monsanto
petition available for review and
comment to help us identify potential
environmental and interrelated
economic issues and impacts that
APHIS may determine should be
considered in our evaluation of the
petition.
We will consider all comments
that we receive on or before September
11, 2012.
ADDRESSES: You may submit comments
by either of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov/
#!documentDetail;D=APHIS-2012-00270001.
• Postal Mail/Commercial Delivery:
Send your comment to Docket No.
APHIS–2012–0027, 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-2012-0027 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) 799–7039
before coming.
The petition is also available on the
APHIS Web site at https://
www.aphis.usda.gov/brs/aphisdocs/
10_28101p.pdf.
DATES:
Dr.
John Turner, Director, Environmental
Risk Analysis Programs, Biotechnology
Regulatory Services, APHIS, 4700 River
Road Unit 147, Riverdale, MD 20737–
1236; (301) 851–3954, email:
john.t.turner@aphis.usda.gov. To obtain
copies of the petition, contact Ms. Cindy
Eck at (301) 851–3892, email:
cynthia.a.eck@aphis.usda.gov.
FOR FURTHER INFORMATION CONTACT:
srobinson on DSK4SPTVN1PROD with NOTICES
SUPPLEMENTARY INFORMATION:
Background
Under the authority of the plant pest
provisions of the Plant Protection Act (7
U.S.C. 7701 et seq.), the regulations in
7 CFR part 340, ‘‘Introduction of
Organisms and Products Altered or
Produced Through Genetic Engineering
VerDate Mar<15>2010
17:08 Jul 12, 2012
Jkt 226001
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.’’
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 10–281–01p) from the
Monsanto Company (Monsanto) of St.
Louis, MO, seeking a determination of
nonregulated status of maize (Zea mays
L.) designated as event MON 87427,
which has been genetically engineered
for tissue-selective tolerance to
glyphosate in order to facilitate the
production of hybrid maize seed, stating
that this maize 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, maize
event MON 87427 has been genetically
engineered to facilitate the production
of hybrid maize seed through the
incorporation of a cp4 epsps coding
sequence. The CP4 EPSPS protein
confers tolerance to the herbicide
glyphosate, and tissue-selective
expression of this protein in MON
87427 enables an extension of the use of
glyphosate-tolerant maize as a tool in
hybrid maize seed production. Maize
event MON 87427 is currently regulated
under 7 CFR part 340. Interstate
movements and field tests of maize
event MON 87427 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.
Paragraph (d) of § 340.6 provides that
APHIS will publish a notice in the
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
Federal Register providing 60 days for
public comment for petitions for a
determination of nonregulated status.
On March 6, 2012, we published in the
Federal Register (77 FR 13258–13260,
Docket No. APHIS–2011–0129) a
notice 1 describing our process for
soliciting public comment when
considering petitions for determinations
of nonregulated status for GE organisms.
In that notice we indicated that APHIS
would accept written comments
regarding a petition once APHIS
deemed it complete.
In accordance with § 340.6(d) of the
regulations and our process for
soliciting public input when
considering petitions for determinations
of nonregulated status for GE organisms,
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. The petition is
available for public review, and copies
are available as indicated under
ADDRESSES and FOR FURTHER
INFORMATION CONTACT above.
We are interested in receiving
comments regarding potential
environmental and interrelated
economic issues and impacts that
APHIS may determine should be
considered in our evaluation of the
petition. We are particularly interested
in receiving comments regarding
biological, cultural, or ecological issues,
and we encourage the submission of
scientific data, studies, or research to
support your comments. We also
request that, when possible,
commenters provide relevant
information regarding specific localities
or regions as maize growth, crop
management, and crop utilization may
vary considerably by geographic region.
After the comment period closes,
APHIS will review all written comments
received during the comment period
and any other relevant information; any
substantive issues identified by APHIS
based on our review of the petition and
our evaluation and analysis of
comments will be considered in the
development of our decisionmaking
documents.
As part of our decisionmaking process
regarding a GE organism’s regulatory
status, APHIS prepares a plant pest risk
assessment to assess its plant pest risk
and the appropriate environmental
documentation—either an
Environmental Assessment (EA) or an
1 To view the notice, go to https://
www.regulations.gov/#!docketDetail;D=APHIS2011-0129.
E:\FR\FM\13JYN1.SGM
13JYN1
Federal Register / Vol. 77, No. 135 / Friday, July 13, 2012 / Notices
Animal and Plant Health
Inspection Service, USDA.
ACTION: Notice.
should be considered in our evaluation
of the petition.
DATES: We will consider all comments
that we receive on or before September
11, 2012.
ADDRESSES: You may submit comments
by either of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov/
#!documentDetail;D=APHIS-2012-00320001.
• Postal Mail/Commercial Delivery:
Send your comment to Docket No.
APHIS–2012–0032, 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-2012-0032 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) 799–7039
before coming.
The petition is also available on the
APHIS Web site at https://
www.aphis.usda.gov/brs/aphisdocs/
11_23401p.pdf.
FOR FURTHER INFORMATION CONTACT: Dr.
John Turner, Director, Environmental
Risk Analysis Programs, Biotechnology
Regulatory Services, APHIS, 4700 River
Road Unit 147, Riverdale, MD 20737–
1236; (301) 851–3954, email:
john.t.turner@aphis.usda.gov. To obtain
copies of the petition, contact Ms. Cindy
Eck at (301) 851–3892, email:
cynthia.a.eck@aphis.usda.gov.
SUPPLEMENTARY INFORMATION:
We are advising the public
that the Animal and Plant Health
Inspection Service (APHIS) has received
a petition from Dow AgroSciences LLC
(DAS) seeking a determination of
nonregulated status of soybean
designated as DAS–44406–6, which has
been genetically engineered for
tolerance to broadleaf herbicides in the
phenoxy auxin group (such as the
herbicide 2,4-D) and the herbicides
glyphosate and glufosinate. The petition
has been submitted in accordance with
our regulations concerning the
introduction of certain genetically
engineered organisms and products. We
are making the DAS petition available
for review and comment to help us
identify potential environmental and
interrelated economic issues and
impacts that APHIS may determine
Background
Under the authority of the plant pest
provisions of the Plant Protection Act (7
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 (GE)
organisms and products are considered
‘‘regulated articles.’’
The regulations in § 340.6(a) provide
that any person may submit a petition
Environmental Impact Statement (EIS)—
in accordance with the National
Environmental Policy Act (NEPA), to
provide the Agency with a review and
analysis of any potential environmental
impacts associated with the petition
request. For petitions for which APHIS
prepares an EA, APHIS will follow our
published process for soliciting public
comment (see footnote 1) and publish a
separate notice in the Federal Register
announcing the availability of APHIS’
EA and plant pest risk assessment.
Should APHIS determine that an EIS is
necessary, APHIS will complete the
NEPA EIS process in accordance with
Council on Environmental Quality
regulations (40 CFR part 1500–1508)
and APHIS’ NEPA implementing
regulations (7 CFR part 372).
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 9th day of
July 2012.
Kevin Shea,
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. 2012–17142 Filed 7–12–12; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
[Docket No. APHIS–2012–0032]
Dow AgroSciences LLC; Availability of
Petition for Determination of
Nonregulated Status of Soybean
Genetically Engineered for Herbicide
Tolerance
AGENCY:
srobinson on DSK4SPTVN1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
17:08 Jul 12, 2012
Jkt 226001
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
41361
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 11–234–01p) from Dow
AgroSciences LLC of Indianapolis, IN,
seeking a determination of nonregulated
status of soybean (Glycine max)
designated as event DAS–44406–6,
which has been genetically engineered
for tolerance to broadleaf herbicides in
the phenoxy auxin group (such as the
herbicide 2,4-D) and the herbicides
glyphosate and glufosinate, stating that
this soybean 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, soybean
event DAS–44406–6 has been
genetically engineered to express the
aryloxyalkanoate dioxygenase-12 (AAD–
12), the double mutant 5enolpyruvylshikimate-3-phosphate
synthase (2mEPSPS), and
phosphinothricin acetyltransferase
(PAT) proteins. Soybean event DAS–
44406–6 is currently regulated under 7
CFR part 340. Interstate movements and
field tests of soybean event DAS–44406–
6 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.
Paragraph (d) of § 340.6 provides that
APHIS will publish a notice in the
Federal Register providing 60 days for
public comment for petitions for a
determination of nonregulated status.
On March 6, 2012, we published in the
Federal Register (77 FR 13258–13260,
Docket No. APHIS–2011–0129) a
notice 1 describing our process for
soliciting public comment when
considering petitions for determinations
of nonregulated status for GE organisms.
In that notice we indicated that APHIS
would accept written comments
1 To view the notice, go to https://
www.regulations.gov/#!docketDetail;D=APHIS2011-0129.
E:\FR\FM\13JYN1.SGM
13JYN1
Agencies
[Federal Register Volume 77, Number 135 (Friday, July 13, 2012)]
[Notices]
[Pages 41359-41361]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-17142]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
[Docket No. APHIS-2012-0027]
Monsanto Co.; Availability of Petition for Determination of
Nonregulated Status of Maize Genetically Engineered With Tissue-
Selective Glyphosate Tolerance Facilitating the Production of Hybrid
Maize Seed
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: We are advising the public that the Animal and Plant Health
Inspection Service (APHIS) has received a petition from the Monsanto
Company seeking a determination of nonregulated status of maize
designated as MON 87427, which has been genetically
[[Page 41360]]
engineered with tissue-selective tolerance to glyphosate in order to
facilitate the production of hybrid maize seed. The petition has been
submitted in accordance with our regulations concerning the
introduction of certain genetically engineered organisms and products.
We are making the Monsanto petition available for review and comment to
help us identify potential environmental and interrelated economic
issues and impacts that APHIS may determine should be considered in our
evaluation of the petition.
DATES: We will consider all comments that we receive on or before
September 11, 2012.
ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov/#!documentDetail;D=APHIS-2012-0027-0001.
Postal Mail/Commercial Delivery: Send your comment to
Docket No. APHIS-2012-0027, 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-2012-
0027 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) 799-7039 before coming.
The petition is also available on the APHIS Web site at https://www.aphis.usda.gov/brs/aphisdocs/10_28101p.pdf.
FOR FURTHER INFORMATION CONTACT: Dr. John Turner, Director,
Environmental Risk Analysis Programs, Biotechnology Regulatory
Services, APHIS, 4700 River Road Unit 147, Riverdale, MD 20737-1236;
(301) 851-3954, email: john.t.turner@aphis.usda.gov. To obtain copies
of the petition, contact Ms. Cindy Eck at (301) 851-3892, email:
cynthia.a.eck@aphis.usda.gov.
SUPPLEMENTARY INFORMATION:
Background
Under the authority of the plant pest provisions of the Plant
Protection Act (7 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 (GE) 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 10-281-01p)
from the Monsanto Company (Monsanto) of St. Louis, MO, seeking a
determination of nonregulated status of maize (Zea mays L.) designated
as event MON 87427, which has been genetically engineered for tissue-
selective tolerance to glyphosate in order to facilitate the production
of hybrid maize seed, stating that this maize 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, maize event MON 87427 has been
genetically engineered to facilitate the production of hybrid maize
seed through the incorporation of a cp4 epsps coding sequence. The CP4
EPSPS protein confers tolerance to the herbicide glyphosate, and
tissue-selective expression of this protein in MON 87427 enables an
extension of the use of glyphosate-tolerant maize as a tool in hybrid
maize seed production. Maize event MON 87427 is currently regulated
under 7 CFR part 340. Interstate movements and field tests of maize
event MON 87427 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.
Paragraph (d) of Sec. 340.6 provides that APHIS will publish a
notice in the Federal Register providing 60 days for public comment for
petitions for a determination of nonregulated status. On March 6, 2012,
we published in the Federal Register (77 FR 13258-13260, Docket No.
APHIS-2011-0129) a notice \1\ describing our process for soliciting
public comment when considering petitions for determinations of
nonregulated status for GE organisms. In that notice we indicated that
APHIS would accept written comments regarding a petition once APHIS
deemed it complete.
---------------------------------------------------------------------------
\1\ To view the notice, go to https://www.regulations.gov/#!docketDetail;D=APHIS-2011-0129.
---------------------------------------------------------------------------
In accordance with Sec. 340.6(d) of the regulations and our
process for soliciting public input when considering petitions for
determinations of nonregulated status for GE organisms, 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. The petition is available for
public review, and copies are available as indicated under ADDRESSES
and FOR FURTHER INFORMATION CONTACT above.
We are interested in receiving comments regarding potential
environmental and interrelated economic issues and impacts that APHIS
may determine should be considered in our evaluation of the petition.
We are particularly interested in receiving comments regarding
biological, cultural, or ecological issues, and we encourage the
submission of scientific data, studies, or research to support your
comments. We also request that, when possible, commenters provide
relevant information regarding specific localities or regions as maize
growth, crop management, and crop utilization may vary considerably by
geographic region.
After the comment period closes, APHIS will review all written
comments received during the comment period and any other relevant
information; any substantive issues identified by APHIS based on our
review of the petition and our evaluation and analysis of comments will
be considered in the development of our decisionmaking documents.
As part of our decisionmaking process regarding a GE organism's
regulatory status, APHIS prepares a plant pest risk assessment to
assess its plant pest risk and the appropriate environmental
documentation--either an Environmental Assessment (EA) or an
[[Page 41361]]
Environmental Impact Statement (EIS)--in accordance with the National
Environmental Policy Act (NEPA), to provide the Agency with a review
and analysis of any potential environmental impacts associated with the
petition request. For petitions for which APHIS prepares an EA, APHIS
will follow our published process for soliciting public comment (see
footnote 1) and publish a separate notice in the Federal Register
announcing the availability of APHIS' EA and plant pest risk
assessment. Should APHIS determine that an EIS is necessary, APHIS will
complete the NEPA EIS process in accordance with Council on
Environmental Quality regulations (40 CFR part 1500-1508) and APHIS'
NEPA implementing regulations (7 CFR part 372).
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 9th day of July 2012.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2012-17142 Filed 7-12-12; 8:45 am]
BILLING CODE 3410-34-P