Monsanto Company; Availability of Preliminary Finding of No Significant Impact and Preliminary Decision for an Extension of a Determination of Nonregulated Status of Soybean Genetically Engineered for Resistance to Lepidopteran Insects, 51297-51299 [2014-20495]
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Federal Register / Vol. 79, No. 167 / Thursday, August 28, 2014 / Notices
logs, pulpwood, and other articles from
gypsy moth-infested provinces in
Canada; and private individuals
entering the United States with mobile
homes or outdoor household articles.
Estimated annual number of
respondents: 2,131.
Estimated annual number of
responses per respondent: 1.090.
Estimated annual number of
responses: 2,325.
Estimated total annual burden on
respondents: 128 hours. (Due to
averaging, the total annual burden hours
may not equal the product of the annual
number of responses multiplied by the
reporting burden per response.)
All responses to this notice will be
summarized and included in the request
for OMB approval. All comments will
also become a matter of public record.
Done in Washington, DC, this 22nd day of
August 2014.
Kevin Shea,
Administrator, Animal and Plant Health
Inspection Service.
[FR Doc. 2014–20492 Filed 8–27–14; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
[Docket No. APHIS–2014–0055]
Monsanto Company; Availability of
Preliminary Finding of No Significant
Impact and Preliminary Decision for an
Extension of a Determination of
Nonregulated Status of Soybean
Genetically Engineered for Resistance
to Lepidopteran Insects
Animal and Plant Health
Inspection Service, USDA.
ACTION: Notice.
AGENCY:
We are advising the public
that the Animal and Plant Health
Inspection Service has reached a
preliminary decision to extend our
determination of nonregulated status of
soybean event MON 87701 to soybean
event MON 87751 in response to a
request from the Monsanto Company.
Soybean event MON 87751 has been
genetically engineered for resistance to
lepidopteran insects, including
resistance to fall armyworm beyond that
provided to soybean event MON 87701.
We are making available for public
comment our preliminary finding of no
significant impact for the proposed
determination of nonregulated status.
DATES: We will consider all comments
that we receive on or before September
29, 2014.
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SUMMARY:
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You may submit comments
by either of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov/
#!docketDetail;D=APHIS-2014-0055.
• Postal Mail/Commercial Delivery:
Send your comment to Docket No.
APHIS–2014–0055, Regulatory Analysis
and Development, PPD, APHIS, Station
3A–03.8, 4700 River Road Unit 118,
Riverdale, MD 20737–1238.
The Monsanto Company extension
request, our finding of no significant
impact, our preliminary determination,
and any comments we receive on this
docket may be viewed at https://
www.regulations.gov/
#!docketDetail;D=APHIS-2014-0055 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 and any
comments we received regarding our
determination of nonregulated status of
the antecedent organism, MON 87701
soybean, can be found at https://
www.regulations.gov/
#!docketDetail;D=APHIS-2011-0038.
Supporting documents and any
comments we received regarding our
determination of nonregulated status of
MON 89034 corn, a referenced organism
for this action, can be found at https://
www.regulations.gov/
#!docketDetail;D=APHIS-2007-0030.
Combined supporting documents
regarding our determination of
nonregulated status for the referenced
organism MON 15985 cotton can be
found on the APHIS Web site at https://
www.aphis.usda.gov/biotechnology/
petitions_table_pending.shtml under
APHIS Petition Number 00–342–01p.
Supporting documents may also be
found on the APHIS Web site for MON
87751 soybean (the organism under
evaluation) under APHIS Petition
Number 13–337–01p, MON 87701
soybean (the antecedent organism)
under APHIS Petition Number 09–082–
01p, and MON 89034 corn (a referenced
organism) under APHIS Petition
Number 06–298–01p.
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,
contact Ms. Cindy Eck at (301) 851–
ADDRESSES:
PO 00000
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Sfmt 4703
51297
3885, email: cynthia.a.eck@
aphis.usda.gov.
Under the
authority of the plant pest provisions of
the Plant Protection Act (PPA) (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 organisms
(GE) 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.
Further, the regulations in § 340.6(e)(2)
provide that a person may request that
APHIS extend a determination of
nonregulated status to other organisms.
Such a request must include
information to establish the similarity of
the antecedent organism and the
regulated article in question.
In a notice 1 published in the Federal
Register on October 12, 2011 (76 FR
63279–63280, Docket No. APHIS–2011–
0038), APHIS announced our
determination of nonregulated status of
soybean (Glycine max) designated as
event MON 87701, which was
genetically engineered for lepidopteran
resistance. APHIS has received a request
for an extension of a determination of
nonregulated status of soybean event
MON 87701 (APHIS Petition Number
09–082–01p) to soybean designated as
event MON 87751 (APHIS Petition
Number 13–337–01p) from the
Monsanto Company (Monsanto) of St.
Louis, MO. MON 87751 soybean
expresses resistance to lepidopteran
pests similar to that of MON 87701
soybean, with the exception of
increased resistance to fall armyworm
(Spodoptera frugiperda). In its request,
Monsanto stated that this soybean is
similar to lepidopteran-resistant
soybean event MON 88701 and, based
on the similarity to the antecedent
organism, is unlikely to pose a plant
pest risk and, therefore, should not be
SUPPLEMENTARY INFORMATION:
1 To view the notice, our determination,
supporting documents, and the comments we
received, go to https://www.regulations.gov/
#!docketDetail;D=APHIS–2011–0038.
E:\FR\FM\28AUN1.SGM
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51298
Federal Register / Vol. 79, No. 167 / Thursday, August 28, 2014 / Notices
a regulated article under APHIS’
regulations in 7 CFR part 340.
As described in the extension request,
soybean event MON 87751 soybean has
been genetically engineered to express
two Bacillus thuringiensis proteins
(Cry1A.105 and Cry2Ab2) that confer
resistance to certain lepidopteran pests
of soybeans. The antecedent organism,
MON 87701 soybean, was similarly
genetically engineered to express the B.
thuringiensis Cry1Ac insecticidal
protein. The Cry1A.105 and Cry2Ab2
expressed in MON 87751 soybean are
both similar to the Cry1Ac protein
expressed in MON 87701 soybean.
Based on the information in the request,
we have concluded that soybean
designated as event MON 88751 is
similar to soybean designated as event
MON 88701. Soybean event MON 87751
is currently regulated under 7 CFR part
340.
As part of our decisionmaking process
regarding a GE organism’s regulatory
status, APHIS evaluates the plant pest
risk of the article. In section 403 of the
PPA, ‘‘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
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 completed a plant pest risk
assessment (PPRA) on the antecedent
organism, MON 87701 soybean, in
which we concluded that MON 87701
soybean is unlikely to present a plant
pest risk. MON 87751 soybean differs
from MON 87701 soybean in the
proteins expressed, specifically,
Cry1A.105 and Cry2Ab2 are expressed
in MON 87751 while only Cry1Ac is
expressed in MON 87701. However, the
activity spectra are quite similar. APHIS
has evaluated Cry1A.105 and Cry2Ab2
when expressed in corn and cotton
(MON 89034 and MON 15985,
respectively). In the PPRAs that APHIS
completed for MON 89034 corn and
MON 15985 cotton, we concluded that
the organisms did not pose a plant pest
risk. As mentioned previously, the
Cry1A.105 and Cry2Ab2 expressed in
MON 87751 soybean are together
similar to the Cry1Ac protein expressed
in MON 87701 soybean, and APHIS has
concluded that the increased activity
toward fall armyworm from the proteins
expressed in MON 87751 soybean is
unlikely to affect the plant pest risk of
MON 87751 soybean. Furthermore, the
Environmental Protection Agency
reviewed the safety of Cry1A.105 and
Cry2Ab2 in corn and concluded that
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adverse effects will not occur to
nontarget organisms. Therefore, based
on our PPRAs for MON 87701 soybean,
MON 89034 corn, and MON 15985
cotton, the similarity between MON
87751 soybean and MON 87701
soybean, the limited difference in
activity spectra between MON 87751
soybean and MON 87701 soybean, and
other information, APHIS has
concluded that Cry1A.105 and Cry2Ab2
in MON 87751 soybean are unlikely to
pose a plant pest risk and that MON
87751 soybean is unlikely to pose a
different plant pest risk than MON
87701.
APHIS also prepared an
environmental assessment (EA) for the
antecedent organism MON 87701
soybean based on our analysis of data
submitted by Monsanto, a review of
other scientific data, and field tests
conducted under APHIS oversight. The
EA was prepared to provide the APHIS
decisionmaker with a review and
analysis of any potential environmental
impacts associated with the
determination of nonregulated status
soybean event MON 87701. The 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).
APHIS has carefully examined the
existing NEPA documentation
completed for MON 87701 soybean and
has concluded that Monsanto’s request
to extend a determination of
nonregulated status to MON 87751
soybean encompasses the same scope of
environmental analysis as MON 87701
soybean. Therefore, based on the
similarity of MON 87751 soybean to
MON 87701 soybean, APHIS has
prepared a preliminary finding of no
significant impact (FONSI) on MON
87751 soybean using the EA prepared
for MON 87701 soybean. APHIS is
considering the following alternatives:
(1) Take no action, i.e., APHIS would
not change the regulatory status of
soybean event MON 87751 and it would
continue to be a regulated article, or (2)
make a determination of nonregulated
status of soybean event MON 87751
soybean. APHIS’ preferred alternative is
to make a determination of nonregulated
status of soybean event MON 87751.
APHIS has analyzed information
submitted by Monsanto, references
provided in the extension request, peerreviewed publications, and information
PO 00000
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Fmt 4703
Sfmt 4703
in the EA of the antecedent organism
MON 87701 soybean. APHIS has also
analyzed information in the PPRA for
the antecedent organism MON 87701
soybean, information in the PPRAs for
MON 89034 corn and MON 15985
cotton, the limited difference in activity
spectra between MON 87751 soybean
and the antecedent organism MON
87701 soybean, and other information.
Based on APHIS’ analysis of this
information, the similarity of MON
87751 soybean to the antecedent
organism MON 87701 soybean, our
conclusion that the Cry1A.105 and
Cry2Ab2 in MON 87751 soybean are
unlikely to pose a plant pest risk, and
our conclusion that MON 87751 is
unlikely to pose a different plant pest
risk than MON 87701, APHIS has
determined that soybean event MON
87751 is unlikely to pose a plant pest
risk. We have therefore reached a
preliminary decision to approve the
request to extend the determination of
nonregulated status of soybean event
MON 87701 to soybean event MON
87751, whereby soybean event MON
87751 would no longer be subject to our
regulations governing the introduction
of certain genetically engineered
organisms.
Paragraph (e) of § 340.6 provides that
APHIS will publish a notice in the
Federal Register announcing all
preliminary decisions to extend
determinations of nonregulated status
for 30 days before the decisions become
final and effective. In accordance with
§ 340.6(e) of the regulations, we are
publishing this notice to inform the
public of our preliminary decision to
extend the determination of
nonregulated status of soybean event
MON 87701 to soybean event MON
87751.
APHIS will accept written comments
on the FONSI regarding a determination
of nonregulated status of soybean event
MON 87751 for a period of 30 days from
the date this notice is published in the
Federal Register. The FONSI, as well as
the extension request, supporting
documents, and our preliminary
determination for soybean event MON
87751, are available for public review as
indicated under ADDRESSES and FOR
FURTHER INFORMATION CONTACT above.
Copies of these documents may also be
obtained by contacting the person listed
under FOR FURTHER INFORMATION
CONTACT.
After the comment period closes,
APHIS will review all written comments
received during the comment period
and any other relevant information. All
comments will be available for public
review. After reviewing and evaluating
the comments, if APHIS determines that
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Federal Register / Vol. 79, No. 167 / Thursday, August 28, 2014 / Notices
no substantive information has been
received that would warrant APHIS
altering its preliminary regulatory
determination or FONSI, our
preliminary regulatory determination
will become final and effective upon
notification of the public through an
announcement on our Web site at https://
www.aphis.usda.gov/biotechnology/
petitions_table_pending.shtml. APHIS
will also furnish a response to the
petitioner regarding our final regulatory
determination. No further Federal
Register notice will be published
announcing the final regulatory
determination regarding soybean event
MON 87751.
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 22nd day of
August 2014.
Kevin Shea,
Administrator, Animal and Plant Health
Inspection Service.
[FR Doc. 2014–20495 Filed 8–27–14; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
[Docket No. APHIS–2014–0056]
Availability of an Environmental
Assessment for the Field Release of
Genetically Engineered Diamondback
Moths
Animal and Plant Health
Inspection Service, USDA.
ACTION: Notice.
AGENCY:
We are advising the public
that the Animal and Plant Health
Inspection Service is making available
for public comment our environmental
assessment for the field release of
diamondback moths which have been
genetically engineered for repressible
female lethality and to express red
fluorescence as a marker. The purpose
of the field release is to assess the
feasibility and efficacy of these moths in
reducing populations of non-genetically
engineered diamondback moths.
DATES: We will consider all comments
that we receive on or before September
29, 2014.
ADDRESSES: You may submit comments
by either of the following methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov/
#!docketDetail;D=APHIS-2014-0056.
• Postal Mail/Commercial Delivery:
Send your comment to Docket No.
APHIS–2014–0056, Regulatory Analysis
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SUMMARY:
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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-2014-0056 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.
FOR FURTHER INFORMATION CONTACT: Ms.
Cindy Eck, Document Control Officer/
Team Leader, Environmental Risk
Analysis Programs, Biotechnology
Regulatory Services, APHIS, 4700 River
Road Unit 147, Riverdale, MD 20737–
1236; (301) 851–3892, email:
cynthia.a.eck@aphis.usda.gov.
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.
On October 24, 2013, the Animal and
Plant Health Inspection Service (APHIS)
received 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. The GE DBM have been
genetically engineered to exhibit red
fluorescence (DsRed2) as a marker and
repressible female lethality, also known
as female autocide. The GE DBMs are
considered a regulated article under the
regulations in 7 CFR part 340 because
the recipient organism is or may be a
plant pest. APHIS has previously issued
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51299
Cornell University a permit authorizing
the importation of GE DBM strains
OX4319L-Pxy, OX4319N-Pxy, and
OX4767A-Pxy from the United Kingdom
to the Cornell University New York
State Agricultural Experiment Station
(NYSAES, APHIS Permit Number 12–
227–102m) in Geneva, NY.
The purpose of the requested field
release is to assess the efficacy of GE
DBM strains OX4319L-Pxy, OX4319NPxy, and OX4767A-Pxy in reducing pest
populations of non-GE DBM. The female
autocidal trait permits the selection of
DBM males during rearing. When
released, it is likely that any female
progeny produced from GE DBM males
and non-GE DBM females will die.
The proposed release would be at
NYSAES and would not exceed 3 years.
The release would be limited to 6 sites
not exceeding 10 acres per site,
surrounded by other agricultural fields
within NYSAES’ 870 total acres. The
release of 20,000 GE DBMs per release
per site would be allowed, with up to
5 releases per week per site. Postexperiment monitoring of DBM with
traps would continue for 2 weeks after
the conclusion of each release to assess
field longevity of GE DBM. The red
fluorescent marker will allow the GE
DBMs to be positively identified.
To provide the public with
documentation of APHIS’ review and
analysis of any potential environmental
impacts associated with the proposed
release of the GE DBM, an
environmental assessment (EA) has
been prepared. The 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). APHIS will accept written
comments on our EA regarding the
proposed release of the GE DBM from
interested or affected persons for a
period of 30 days from the date of this
notice. Copies of the EA 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.
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Agencies
[Federal Register Volume 79, Number 167 (Thursday, August 28, 2014)]
[Notices]
[Pages 51297-51299]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-20495]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
[Docket No. APHIS-2014-0055]
Monsanto Company; Availability of Preliminary Finding of No
Significant Impact and Preliminary Decision for an Extension of a
Determination of Nonregulated Status of Soybean Genetically Engineered
for Resistance to Lepidopteran Insects
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 reached a preliminary decision to extend our
determination of nonregulated status of soybean event MON 87701 to
soybean event MON 87751 in response to a request from the Monsanto
Company. Soybean event MON 87751 has been genetically engineered for
resistance to lepidopteran insects, including resistance to fall
armyworm beyond that provided to soybean event MON 87701. We are making
available for public comment our preliminary finding of no significant
impact for the proposed determination of nonregulated status.
DATES: We will consider all comments that we receive on or before
September 29, 2014.
ADDRESSES: You may submit comments by either of the following methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov/#!docketDetail;D=APHIS-2014-0055.
Postal Mail/Commercial Delivery: Send your comment to
Docket No. APHIS-2014-0055, Regulatory Analysis and Development, PPD,
APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-
1238.
The Monsanto Company extension request, our finding of no
significant impact, our preliminary determination, and any comments we
receive on this docket may be viewed at https://www.regulations.gov/#!docketDetail;D=APHIS-2014-0055 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 and any comments we received regarding our
determination of nonregulated status of the antecedent organism, MON
87701 soybean, can be found at https://www.regulations.gov/#!docketDetail;D=APHIS-2011-0038. Supporting documents and any comments
we received regarding our determination of nonregulated status of MON
89034 corn, a referenced organism for this action, can be found at
https://www.regulations.gov/#!docketDetail;D=APHIS-2007-0030. Combined
supporting documents regarding our determination of nonregulated status
for the referenced organism MON 15985 cotton can be found on the APHIS
Web site at https://www.aphis.usda.gov/biotechnology/
petitionstablepending.shtml under APHIS Petition
Number 00-342-01p. Supporting documents may also be found on the APHIS
Web site for MON 87751 soybean (the organism under evaluation) under
APHIS Petition Number 13-337-01p, MON 87701 soybean (the antecedent
organism) under APHIS Petition Number 09-082-01p, and MON 89034 corn (a
referenced organism) under APHIS Petition Number 06-298-01p.
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, contact Ms. Cindy Eck at (301) 851-3885,
email: cynthia.a.eck@aphis.usda.gov.
SUPPLEMENTARY INFORMATION: Under the authority of the plant pest
provisions of the Plant Protection Act (PPA) (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 organisms (GE) 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. Further, the regulations in Sec. 340.6(e)(2)
provide that a person may request that APHIS extend a determination of
nonregulated status to other organisms. Such a request must include
information to establish the similarity of the antecedent organism and
the regulated article in question.
In a notice \1\ published in the Federal Register on October 12,
2011 (76 FR 63279-63280, Docket No. APHIS-2011-0038), APHIS announced
our determination of nonregulated status of soybean (Glycine max)
designated as event MON 87701, which was genetically engineered for
lepidopteran resistance. APHIS has received a request for an extension
of a determination of nonregulated status of soybean event MON 87701
(APHIS Petition Number 09-082-01p) to soybean designated as event MON
87751 (APHIS Petition Number 13-337-01p) from the Monsanto Company
(Monsanto) of St. Louis, MO. MON 87751 soybean expresses resistance to
lepidopteran pests similar to that of MON 87701 soybean, with the
exception of increased resistance to fall armyworm (Spodoptera
frugiperda). In its request, Monsanto stated that this soybean is
similar to lepidopteran-resistant soybean event MON 88701 and, based on
the similarity to the antecedent organism, is unlikely to pose a plant
pest risk and, therefore, should not be
[[Page 51298]]
a regulated article under APHIS' regulations in 7 CFR part 340.
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\1\ To view the notice, our determination, supporting documents,
and the comments we received, go to https://www.regulations.gov/#!docketDetail;D=APHIS-2011-0038.
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As described in the extension request, soybean event MON 87751
soybean has been genetically engineered to express two Bacillus
thuringiensis proteins (Cry1A.105 and Cry2Ab2) that confer resistance
to certain lepidopteran pests of soybeans. The antecedent organism, MON
87701 soybean, was similarly genetically engineered to express the B.
thuringiensis Cry1Ac insecticidal protein. The Cry1A.105 and Cry2Ab2
expressed in MON 87751 soybean are both similar to the Cry1Ac protein
expressed in MON 87701 soybean. Based on the information in the
request, we have concluded that soybean designated as event MON 88751
is similar to soybean designated as event MON 88701. Soybean event MON
87751 is currently regulated under 7 CFR part 340.
As part of our decisionmaking process regarding a GE organism's
regulatory status, APHIS evaluates the plant pest risk of the article.
In section 403 of the PPA, ``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 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 completed a plant pest risk assessment (PPRA) on the
antecedent organism, MON 87701 soybean, in which we concluded that MON
87701 soybean is unlikely to present a plant pest risk. MON 87751
soybean differs from MON 87701 soybean in the proteins expressed,
specifically, Cry1A.105 and Cry2Ab2 are expressed in MON 87751 while
only Cry1Ac is expressed in MON 87701. However, the activity spectra
are quite similar. APHIS has evaluated Cry1A.105 and Cry2Ab2 when
expressed in corn and cotton (MON 89034 and MON 15985, respectively).
In the PPRAs that APHIS completed for MON 89034 corn and MON 15985
cotton, we concluded that the organisms did not pose a plant pest risk.
As mentioned previously, the Cry1A.105 and Cry2Ab2 expressed in MON
87751 soybean are together similar to the Cry1Ac protein expressed in
MON 87701 soybean, and APHIS has concluded that the increased activity
toward fall armyworm from the proteins expressed in MON 87751 soybean
is unlikely to affect the plant pest risk of MON 87751 soybean.
Furthermore, the Environmental Protection Agency reviewed the safety of
Cry1A.105 and Cry2Ab2 in corn and concluded that adverse effects will
not occur to nontarget organisms. Therefore, based on our PPRAs for MON
87701 soybean, MON 89034 corn, and MON 15985 cotton, the similarity
between MON 87751 soybean and MON 87701 soybean, the limited difference
in activity spectra between MON 87751 soybean and MON 87701 soybean,
and other information, APHIS has concluded that Cry1A.105 and Cry2Ab2
in MON 87751 soybean are unlikely to pose a plant pest risk and that
MON 87751 soybean is unlikely to pose a different plant pest risk than
MON 87701.
APHIS also prepared an environmental assessment (EA) for the
antecedent organism MON 87701 soybean based on our analysis of data
submitted by Monsanto, a review of other scientific data, and field
tests conducted under APHIS oversight. The EA was prepared to provide
the APHIS decisionmaker with a review and analysis of any potential
environmental impacts associated with the determination of nonregulated
status soybean event MON 87701. The 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).
APHIS has carefully examined the existing NEPA documentation
completed for MON 87701 soybean and has concluded that Monsanto's
request to extend a determination of nonregulated status to MON 87751
soybean encompasses the same scope of environmental analysis as MON
87701 soybean. Therefore, based on the similarity of MON 87751 soybean
to MON 87701 soybean, APHIS has prepared a preliminary finding of no
significant impact (FONSI) on MON 87751 soybean using the EA prepared
for MON 87701 soybean. APHIS is considering the following alternatives:
(1) Take no action, i.e., APHIS would not change the regulatory status
of soybean event MON 87751 and it would continue to be a regulated
article, or (2) make a determination of nonregulated status of soybean
event MON 87751 soybean. APHIS' preferred alternative is to make a
determination of nonregulated status of soybean event MON 87751.
APHIS has analyzed information submitted by Monsanto, references
provided in the extension request, peer-reviewed publications, and
information in the EA of the antecedent organism MON 87701 soybean.
APHIS has also analyzed information in the PPRA for the antecedent
organism MON 87701 soybean, information in the PPRAs for MON 89034 corn
and MON 15985 cotton, the limited difference in activity spectra
between MON 87751 soybean and the antecedent organism MON 87701
soybean, and other information. Based on APHIS' analysis of this
information, the similarity of MON 87751 soybean to the antecedent
organism MON 87701 soybean, our conclusion that the Cry1A.105 and
Cry2Ab2 in MON 87751 soybean are unlikely to pose a plant pest risk,
and our conclusion that MON 87751 is unlikely to pose a different plant
pest risk than MON 87701, APHIS has determined that soybean event MON
87751 is unlikely to pose a plant pest risk. We have therefore reached
a preliminary decision to approve the request to extend the
determination of nonregulated status of soybean event MON 87701 to
soybean event MON 87751, whereby soybean event MON 87751 would no
longer be subject to our regulations governing the introduction of
certain genetically engineered organisms.
Paragraph (e) of Sec. 340.6 provides that APHIS will publish a
notice in the Federal Register announcing all preliminary decisions to
extend determinations of nonregulated status for 30 days before the
decisions become final and effective. In accordance with Sec. 340.6(e)
of the regulations, we are publishing this notice to inform the public
of our preliminary decision to extend the determination of nonregulated
status of soybean event MON 87701 to soybean event MON 87751.
APHIS will accept written comments on the FONSI regarding a
determination of nonregulated status of soybean event MON 87751 for a
period of 30 days from the date this notice is published in the Federal
Register. The FONSI, as well as the extension request, supporting
documents, and our preliminary determination for soybean event MON
87751, are available for public review as indicated under ADDRESSES and
FOR FURTHER INFORMATION CONTACT above. Copies of these documents may
also be obtained by contacting the person listed under FOR FURTHER
INFORMATION CONTACT.
After the comment period closes, APHIS will review all written
comments received during the comment period and any other relevant
information. All comments will be available for public review. After
reviewing and evaluating the comments, if APHIS determines that
[[Page 51299]]
no substantive information has been received that would warrant APHIS
altering its preliminary regulatory determination or FONSI, our
preliminary regulatory determination will become final and effective
upon notification of the public through an announcement on our Web site
at https://www.aphis.usda.gov/biotechnology/
petitionstablepending.shtml. APHIS will also furnish
a response to the petitioner regarding our final regulatory
determination. No further Federal Register notice will be published
announcing the final regulatory determination regarding soybean event
MON 87751.
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 22nd day of August 2014.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2014-20495 Filed 8-27-14; 8:45 am]
BILLING CODE 3410-34-P