BASF Plant Sciences, LP; Determination of Nonregulated Status of Soybean Genetically Engineered for Resistance to the Herbicide Imidazolinone, 15095-15096 [2014-06016]
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15095
Notices
Federal Register
Vol. 79, No. 52
Tuesday, March 18, 2014
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.
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
[Docket No. APHIS–2012–0028]
BASF Plant Sciences, LP;
Determination of Nonregulated Status
of Soybean Genetically Engineered for
Resistance to the Herbicide
Imidazolinone
Animal and Plant Health
Inspection Service, USDA.
ACTION: Notice.
AGENCY:
emcdonald on DSK67QTVN1PROD with NOTICES
SUPPLEMENTARY INFORMATION:
Background
We are advising the public of
our determination that a soybean event
developed by BASF Plant Sciences, LP
designated as BPS–CV127–9, which has
been genetically engineered for
resistance to treatment with
imidazolinone herbicides, 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
BASF Plant Sciences, LP in its petition
for a determination of nonregulated
status, our analysis of available
scientific data, and comments received
from the public in response to our
previous notices announcing the
availability of the petition for
nonregulated status and its associated
environmental assessment and plant
pest risk assessment. This notice also
announces the availability of our
written determination and finding of no
significant impact.
DATES: Effective Date: March 18, 2014.
ADDRESSES: You may read the
documents referenced in this notice and
the comments we received at https://
www.regulations.gov/
#!docketDetail;D=APHIS-2012-0028 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
SUMMARY:
VerDate Mar<15>2010
18:34 Mar 17, 2014
Jkt 232001
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.
Supporting documents are also
available on the APHIS Web site at
https://www.aphis.usda.gov/
biotechnology/
petitions_table_pending.shtml under
APHIS Petition Number 09–015–01p.
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 supporting documents for
this petition, contact Ms. Cindy Eck at
(301) 851–3892, email:
cynthia.a.eck@aphis.usda.gov.
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.
APHIS received a petition (APHIS
Petition Number 09–015–01p) from
BASF Plant Sciences, LP (BASF) of
Research Triangle Park, NC, seeking a
determination of nonregulated status of
soybean (Glycine max) designated as
BPS–CV127–9 (CV127), which has been
genetically engineered for resistance to
the herbicide imidazolinone. 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.
PO 00000
Frm 00001
Fmt 4703
Sfmt 4703
According to our process 1 for
soliciting public comment when
considering petitions for determinations
of nonregulated status of genetically
engineered (GE) organisms, APHIS
accepts written comments regarding a
petition once APHIS deems it complete.
In a notice 2 published in the Federal
Register on July 13, 2012, (77 FR 41363–
41364, Docket No. APHIS–2012–0028),
APHIS announced the availability of the
BASF petition for public comment.
APHIS solicited comments on the
petition for 60 days ending on
September 11, 2012, in order to help
identify potential environmental and
interrelated economic issues and
impacts that APHIS may determine
should be considered in our evaluation
of the petition.
APHIS received 75 comments on the
petition. Several of these comments
included electronic attachments
consisting of a consolidated document
of many identical or nearly identical
letters, for a total of 4,676 comments.
APHIS decided, based on its review of
the petition and its evaluation and
analysis of comments received during
the 60-day public comment period on
the petition, that the petition involves a
GE organism that raises substantive new
issues. According to our public review
process for such petitions (see footnote
1), APHIS first solicits written
comments from the public on a draft
environmental assessment (EA) and
plant pest risk assessment (PPRA) for a
30-day comment period through the
publication of a Federal Register notice.
Then, after reviewing and evaluating the
comments on the draft EA and PPRA
and other information, APHIS revises
the PPRA as necessary and prepares a
final EA and, based on the final EA, a
National Environmental Policy Act
(NEPA) decision document (either a
finding of no significant impact (FONSI)
or a notice of intent to prepare an
environmental impact statement). If a
FONSI is reached, APHIS furnishes a
1 On March 6, 2012, APHIS published in the
Federal Register (77 FR 13258–13260, Docket No.
APHIS–2011–0129) a notice describing our public
review process for soliciting public comments and
information when considering petitions for
determinations of nonregulated status for GE
organisms. To view the notice, go to https://
www.regulations.gov/#!docketDetail;D=APHIS2011-0129.
2 To view the notice, the petition, the comments
we received, and other supporting documents, go to
https://www.regulations.gov/
#!docketDetail;D=APHIS-2012-0028.
E:\FR\FM\18MRN1.SGM
18MRN1
15096
Federal Register / Vol. 79, No. 52 / Tuesday, March 18, 2014 / Notices
response to the petitioner, either
approving or denying the petition.
APHIS also publishes a notice in the
Federal Register announcing the
regulatory status of the GE organism and
the availability of APHIS’ final EA,
PPRA, FONSI, and our regulatory
determination.
In a notice (see footnote 2) published
in the Federal Register on November 7,
2013, (78 FR 66892–66893, Docket No.
APHIS–2012–0028), APHIS announced
the availability of a PPRA and a draft EA
for public comment. APHIS solicited
comments on the draft EA, the PPRA,
and whether the subject soybeans are
likely to pose a plant pest risk for 30
days ending on December 9, 2013.
APHIS received 10 comments during
the comment period. All comments
submitted to the docket were carefully
analyzed by APHIS. A number of these
comments were generally opposed to GE
organisms or the use of herbicideresistant crops. Others had concerns
about potential impacts associated with
the herbicides used on GE crops. In
general, commenters expressed their
opposition to our determination of
nonregulatory status but did not identify
elements in the PPRA or EA that they
perceived to be inadequate or provide
any specific supporting evidence for
their opposition. APHIS has addressed
the issues raised during the comment
period and has provided responses to
these comments as an attachment to the
FONSI.
Determination
Based on APHIS’ analysis of field and
laboratory data submitted by BASF,
references provided in the petition,
peer-reviewed publications, information
analyzed in the EA, the PPRA,
comments provided by the public, and
information provided in APHIS’
response to those public comments,
APHIS has determined that BASF’s
CV127 soybean is unlikely to pose a
plant pest risk and therefore is no longer
subject to our regulations governing the
introduction of certain GE organisms.
Copies of the signed determination
document, PPRA, final EA, FONSI, and
response to comments, as well as the
previously published petition and
supporting documents, are available as
indicated in the ADDRESSES and FOR
FURTHER INFORMATION CONTACT sections
of this notice.
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 12th day of
March 2014.
Kevin Shea,
Administrator, Animal and Plant Health
Inspection Service.
[FR Doc. 2014–06016 Filed 3–17–14; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
emcdonald on DSK67QTVN1PROD with NOTICES
National Environmental Policy Act
[Docket No. APHIS–2013–0113]
After reviewing and evaluating the
comments received during the comment
period on the draft EA and PPRA and
other information, APHIS has prepared
a final EA. The EA has been prepared
to provide the public with
documentation of APHIS’ review and
analysis of any potential environmental
impacts associated with the
determination of nonregulated status of
BASF’s CV127 soybean. The EA was
prepared in accordance with: (1) 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). Based on our EA, the response to
public comments, and other pertinent
scientific data, APHIS has reached a
FONSI with regard to the preferred
alternative identified in the EA (to make
a determination of nonregulated status
of BASF’s CV127 soybean).
Dow AgroSciences LLC; Availability of
Petition for Determination of
Nonregulated Status of Cotton
Genetically Engineered for Resistance
to 2,4–D and Glufosinate
VerDate Mar<15>2010
18:34 Mar 17, 2014
Jkt 232001
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 AgroSciences LLC
(DAS) seeking a determination of
nonregulated status of cotton designated
as DAS–8191;-7, which has been
genetically engineered for resistance to
the herbicides 2,4–D 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 the
SUMMARY:
PO 00000
Frm 00002
Fmt 4703
Sfmt 4703
Animal and Plant Health Inspection
Service may determine should be
considered in our evaluation of the
petition.
We will consider all comments
that we receive on or before May 19,
2014.
DATES:
You may submit comments
by either of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov/
#!documentDetail;D=APHIS-2013-01130001.
• Postal Mail/Commercial Delivery:
Send your comment to Docket No.
APHIS–2013–0113, 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-2013-0113 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/biotechnology/
petitions_table_pending.shtml under
APHIS petition number 13–262–01p.
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: 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.’’
ADDRESSES:
E:\FR\FM\18MRN1.SGM
18MRN1
]]>Agencies
[Federal Register Volume 79, Number 52 (Tuesday, March 18, 2014)]
[Notices]
[Pages 15095-15096]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-06016]
========================================================================
Notices
Federal Register
________________________________________________________________________
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.
========================================================================
Federal Register / Vol. 79, No. 52 / Tuesday, March 18, 2014 /
Notices
[[Page 15095]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
[Docket No. APHIS-2012-0028]
BASF Plant Sciences, LP; Determination of Nonregulated Status of
Soybean Genetically Engineered for Resistance to the Herbicide
Imidazolinone
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: We are advising the public of our determination that a soybean
event developed by BASF Plant Sciences, LP designated as BPS-CV127-9,
which has been genetically engineered for resistance to treatment with
imidazolinone herbicides, 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 BASF Plant Sciences, LP in its petition for a
determination of nonregulated status, our analysis of available
scientific data, and comments received from the public in response to
our previous notices announcing the availability of the petition for
nonregulated status and its associated environmental assessment and
plant pest risk assessment. This notice also announces the availability
of our written determination and finding of no significant impact.
DATES: Effective Date: March 18, 2014.
ADDRESSES: You may read the documents referenced in this notice and the
comments we received at https://www.regulations.gov/#!docketDetail;D=APHIS-2012-0028 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.
Supporting documents are also available on the APHIS Web site at
https://www.aphis.usda.gov/biotechnology/petitions_table_pending.shtml
under APHIS Petition Number 09-015-01p.
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 supporting documents for this petition, contact Ms. Cindy Eck at
(301) 851-3892, email: cynthia.a.eck@aphis.usda.gov.
SUPPLEMENTARY INFORMATION:
Background
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. APHIS received a petition (APHIS Petition Number
09-015-01p) from BASF Plant Sciences, LP (BASF) of Research Triangle
Park, NC, seeking a determination of nonregulated status of soybean
(Glycine max) designated as BPS-CV127-9 (CV127), which has been
genetically engineered for resistance to the herbicide imidazolinone.
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.
According to our process \1\ for soliciting public comment when
considering petitions for determinations of nonregulated status of
genetically engineered (GE) organisms, APHIS accepts written comments
regarding a petition once APHIS deems it complete. In a notice \2\
published in the Federal Register on July 13, 2012, (77 FR 41363-41364,
Docket No. APHIS-2012-0028), APHIS announced the availability of the
BASF petition for public comment. APHIS solicited comments on the
petition for 60 days ending on September 11, 2012, in order to help
identify potential environmental and interrelated economic issues and
impacts that APHIS may determine should be considered in our evaluation
of the petition.
---------------------------------------------------------------------------
\1\ On March 6, 2012, APHIS published in the Federal Register
(77 FR 13258-13260, Docket No. APHIS-2011-0129) a notice describing
our public review process for soliciting public comments and
information when considering petitions for determinations of
nonregulated status for GE organisms. To view the notice, go to
https://www.regulations.gov/#!docketDetail;D=APHIS-2011-0129.
\2\ To view the notice, the petition, the comments we received,
and other supporting documents, go to https://www.regulations.gov/#!docketDetail;D=APHIS-2012-0028.
---------------------------------------------------------------------------
APHIS received 75 comments on the petition. Several of these
comments included electronic attachments consisting of a consolidated
document of many identical or nearly identical letters, for a total of
4,676 comments. APHIS decided, based on its review of the petition and
its evaluation and analysis of comments received during the 60-day
public comment period on the petition, that the petition involves a GE
organism that raises substantive new issues. According to our public
review process for such petitions (see footnote 1), APHIS first
solicits written comments from the public on a draft environmental
assessment (EA) and plant pest risk assessment (PPRA) for a 30-day
comment period through the publication of a Federal Register notice.
Then, after reviewing and evaluating the comments on the draft EA and
PPRA and other information, APHIS revises the PPRA as necessary and
prepares a final EA and, based on the final EA, a National
Environmental Policy Act (NEPA) decision document (either a finding of
no significant impact (FONSI) or a notice of intent to prepare an
environmental impact statement). If a FONSI is reached, APHIS furnishes
a
[[Page 15096]]
response to the petitioner, either approving or denying the petition.
APHIS also publishes a notice in the Federal Register announcing the
regulatory status of the GE organism and the availability of APHIS'
final EA, PPRA, FONSI, and our regulatory determination.
In a notice (see footnote 2) published in the Federal Register on
November 7, 2013, (78 FR 66892-66893, Docket No. APHIS-2012-0028),
APHIS announced the availability of a PPRA and a draft EA for public
comment. APHIS solicited comments on the draft EA, the PPRA, and
whether the subject soybeans are likely to pose a plant pest risk for
30 days ending on December 9, 2013. APHIS received 10 comments during
the comment period. All comments submitted to the docket were carefully
analyzed by APHIS. A number of these comments were generally opposed to
GE organisms or the use of herbicide-resistant crops. Others had
concerns about potential impacts associated with the herbicides used on
GE crops. In general, commenters expressed their opposition to our
determination of nonregulatory status but did not identify elements in
the PPRA or EA that they perceived to be inadequate or provide any
specific supporting evidence for their opposition. APHIS has addressed
the issues raised during the comment period and has provided responses
to these comments as an attachment to the FONSI.
National Environmental Policy Act
After reviewing and evaluating the comments received during the
comment period on the draft EA and PPRA and other information, APHIS
has prepared a final EA. The EA has been prepared to provide the public
with documentation of APHIS' review and analysis of any potential
environmental impacts associated with the determination of nonregulated
status of BASF's CV127 soybean. The EA was prepared in accordance with:
(1) 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). Based on our EA, the response to public
comments, and other pertinent scientific data, APHIS has reached a
FONSI with regard to the preferred alternative identified in the EA (to
make a determination of nonregulated status of BASF's CV127 soybean).
Determination
Based on APHIS' analysis of field and laboratory data submitted by
BASF, references provided in the petition, peer-reviewed publications,
information analyzed in the EA, the PPRA, comments provided by the
public, and information provided in APHIS' response to those public
comments, APHIS has determined that BASF's CV127 soybean is unlikely to
pose a plant pest risk and therefore is no longer subject to our
regulations governing the introduction of certain GE organisms.
Copies of the signed determination document, PPRA, final EA, FONSI,
and response to comments, as well as the previously published petition
and supporting documents, are available as indicated in the ADDRESSES
and FOR FURTHER INFORMATION CONTACT sections of this notice.
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 12th day of March 2014.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2014-06016 Filed 3-17-14; 8:45 am]
BILLING CODE 3410-34-P
