Dow AgroSciences LLC; Determination of Nonregulated Status of Herbicide Resistant Corn and Soybeans, 56555-56557 [2014-22409]

Download as PDF 56555 Notices Federal Register Vol. 79, No. 183 Monday, September 22, 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. entities submitting the comments will be made public. FOR FURTHER INFORMATION CONTACT: Brian E. Griffin, Standardization Branch, Specialty Crops Inspection Division, Agricultural Marketing Service, U.S. Department of Agriculture, telephone (202) 720–5021or fax (202) 690–1527. Background DEPARTMENT OF AGRICULTURE Agricultural Marketing Service [Document No. AMS–FV–14–0025, FV–14– 327] United States Standard of Identity for Honey; Extension of Comment Period Agricultural Marketing Service, USDA. ACTION: Notice; extension of comment period. AGENCY: The Agricultural Marketing Service (AMS) of the Department of Agriculture (USDA) is extending the comment period for the solicitation of comments on how a Federal standard of identity for honey would be in the interest of consumers, the honey industry, and U.S. agriculture. DATES: AMS is extending the comment period on the notice published August 20, 2014 (79 FR 49279). Comments must be received by October 19, 2014. ADDRESSES: Interested persons are invited to submit written comments via the Internet at http:// www.regulations.gov or to Brian E. Griffin, Standardization Branch, Specialty Crops Inspection Division, Fruit and Vegetable Program, Agricultural Marketing Service, U.S. Department of Agriculture, 1400 Independence Avenue SW., Room 0709–South Building; STOP 0247, Washington, DC 20250; telephone (202) 720–5021; fax (202) 690–1527, email brian.griffin@ams.usda.gov. Comments should make reference to the date and page number of this issue of the Federal Register and will be made available for public inspection at the above office during regular business hours. Please be advised that all comments submitted in response to this notice will be included in the record and will be made available to the public on the Internet via http://www.regulations.gov. Also, the identity of the individuals or asabaliauskas on DSK5VPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:07 Sep 19, 2014 Jkt 232001 In the Federal Register of August 20, 2014 (79 FR 49279), AMS published a notice requesting comment on how a Federal standard of identity for honey would be in the interest of consumers, the honey industry, and U.S. agriculture with a 30-day comment period. Comments received from this notice will be utilized in the preparation of a report from the Secretary of Agriculture to the Commissioner of Food and Drugs describing how a Federal standard of identity for honey would be in the interest of consumers, the honey industry, and U.S. agriculture. AMS has received correspondence from an interested person requesting a 30-day extension of the comment period for the notice. Concern was expressed that the initial 30-day comment period does not allow sufficient time for meaningful public participation. AMS believes that a 30-day extension will allow adequate time for interested persons to submit comments without causing a significant delay. Authority: Section 10012 of the Agricultural Act of 2014 (Pub. L. 113–79). Dated: September 16, 2014. Rex A. Barnes, Associate Administrator, Agricultural Marketing Service. [FR Doc. 2014–22406 Filed 9–19–14; 8:45 am] BILLING CODE 3410–02–P DEPARTMENT OF AGRICULTURE Animal and Plant Health Inspection Service [Docket No. APHIS–2013–0042] Dow AgroSciences LLC; Determination of Nonregulated Status of Herbicide Resistant Corn and Soybeans Animal and Plant Health Inspection Service, USDA. ACTION: Notice. AGENCY: PO 00000 Frm 00001 Fmt 4703 Sfmt 4703 We are advising the public of our determination that three varieties of herbicide resistant corn and soybeans produced by Dow AgroSciences LLC are no longer considered regulated articles under our regulations governing the introduction of certain genetically engineered organisms. Our determination is based on our evaluation of data submitted by the Dow AgroSciences LLC in its three petitions for a determination of nonregulated status, our analysis of publically available scientific data, and comments received from the public on the petition for nonregulated status and its associated environmental impact statement and plant pest risk assessments. This notice also announces the availability of our written determination and record of decision. DATES: Effective Date: September 22, 2014. SUMMARY: You may read the documents referenced in this notice and any comments we received in our reading room. The reading room 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. Those documents are also available on the Internet at http:// www.aphis.usda.gov/biotechnology/ petitions_table_pending.shtml under APHIS Petition Numbers 09–233–01p, 09–349–01p, and 11–234–01p and are posted with the comments we received on the Regulations.gov Web site at http://www.regulations.gov/ #!docketDetail;D=APHIS-2013-0042. 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 documents referenced in this notice, contact Ms. Cindy Eck at (301) 851–3892, email: cynthia.a.eck@ aphis.usda.gov. ADDRESSES: The regulations in 7 CFR part 340, ‘‘Introduction of Organisms and Products Altered or Produced Through Genetic Engineering Which Are Plant SUPPLEMENTARY INFORMATION: E:\FR\FM\22SEN1.SGM 22SEN1 asabaliauskas on DSK5VPTVN1PROD with NOTICES 56556 Federal Register / Vol. 79, No. 183 / Monday, September 22, 2014 / Notices 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 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 received three petitions (referred to below as ‘‘the petitions’’) from Dow AgroSciences LLC seeking determinations of nonregulated status for corn and soybean cultivars genetically engineered to be resistant to herbicides. The first petition, APHIS Petition Number 09–233–01p, seeks a determination of nonregulated status for corn (Zea mays) designated as event DAS–40278–9, which has been genetically engineered for increased resistance to certain broadleaf herbicides in the phenoxy auxin group (particularly the herbicide 2,4–D) and resistance to grass herbicides in the aryloxyphenoxypropionate (AOPP) acetyl coenzyme A carboxylase (ACCase) inhibitor group (i.e., ‘‘fop’’ herbicides, such as quizalofop-p-ethyl). The second petition, APHIS Petition Number 09–349–01p, seeks a determination of nonregulated status for soybean (Glycine max) designated as event DAS–68416–4, which has been genetically engineered for resistance to certain broadleaf herbicides in the phenoxy auxin growth regulator group (particularly the herbicide 2,4–D) and the nonselective herbicide glufosinate. The third petition, APHIS Petition Number 11–234–01p, seeks a determination of nonregulated status for soybean designated as event DAS– 44406–6, which has been genetically engineered for resistance to certain broadleaf herbicides in the auxin growth regulator group (particularly the herbicide 2,4–D) and the nonselective herbicides glyphosate and glufosinate. The petitions state that these articles are unlikely to pose a plant pest risk and, therefore, should not be regulated articles under APHIS’ regulations in 7 CFR part 340. VerDate Sep<11>2014 17:07 Sep 19, 2014 Jkt 232001 Notices were published 1 in the Federal Register for each petition advising the public that APHIS had received the petition and was seeking public comments on the petition. The notices for the first two petitions (DAS– 40278–9 corn and DAS–68416–4 soybean) additionally sought comment on our plant pest risk assessment (PPRA) and our draft environmental assessment (EA) for each petition. Following review of public comments, we published another notice 2 in the Federal Register on May 16, 2013 (78 FR 28798–28800, Docket No. APHIS–2013–0042), advising the public of our intent to prepare an environmental impact statement (EIS) for the potential determination of nonregulated status requested by the petitions. APHIS decided to prepare an EIS in order to perform a comprehensive environmental analysis of the potential environmental impacts that may occur as a result of granting a determination of nonregulated status for these three events. National Environmental Policy Act and Record of Decision To provide the public with documentation of APHIS’ review and analysis of the potential environmental impacts associated with a determination of nonregulated status of DAS–40278–9 corn, DAS–68416–4 soybean, and DAS– 44406–6 soybean, an EIS has been 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). A notice of availability regarding the draft EIS prepared by APHIS was published by the Environmental Protection Agency (EPA) in the Federal Register on January 10, 2014 (79 FR 1861–1862, Docket No. ER–FRL–9012– 1 Docket No. APHIS–2010–0103 published on December 27, 2011, 76 FR 80872–80873; Docket No. APHIS–2012–0019 published on July 13, 2012, 77 FR 41367–41368; and Docket No. APHIS–2012– 0032 published on July 13, 2012, 77 FR 41361– 41362. The Federal Register notices for the petitions and supporting and related materials, including public comments, are available at http://www.regulations.gov/#!docketDetail; D=APHIS-2010-0103; http://www.regulations.gov/ #!docketDetail;D=APHIS-2012-0019; and http:// www.regulations.gov/#!docketDetail;D=APHIS2012-0032. 2 To view the notice the comments we received, go to http://www.regulations.gov/#!docketDetail; D=APHIS-2013-0042. PO 00000 Frm 00002 Fmt 4703 Sfmt 4703 9). Along with the draft EIS,3 APHIS also made available the PPRA for the third petition, DAS–44406–6 soybean, along with the PPRAs for the first two petitions (DAS–40278–9 corn and DAS– 68416–4 soybean). APHIS reviewed and evaluated all of the public comments received on the draft EIS and prepared formal responses to them as part of the final EIS. A notice of availability regarding the final EIS prepared by APHIS was published by EPA in the Federal Register on August 8, 2014 (79 FR 46439, Docket No. ER–FRL–9016–3). The NEPA implementing regulations in 40 CFR 1506.10 require a minimum 30day review period between the time the notice of availability of a final EIS is published and the time an agency makes a decision on an action covered by the EIS. APHIS has reviewed and evaluated the comments received during the 30day review period and has concluded that it has fully and appropriately analyzed the relevant environmental issues covered by the final EIS and those comments. Based on our final EIS, the response to public comments, and other pertinent scientific data, APHIS has prepared a record of decision for the final EIS. Determination of Nonregulated Status Based on APHIS’ analysis of field and laboratory data submitted by Dow AgroSciences LLC, references provided in the petitions, peer-reviewed publications, information analyzed in the EIS, the PPRAs, comments provided by the public, and APHIS’ evaluation of and response to those comments, APHIS has determined that DAS–40278–9 corn, DAS–68416–4 soybean, and DAS– 44406–6 soybean are unlikely to pose a plant pest risk. Accordingly, the petitions requesting a determination of nonregulated status are approved and DAS–40278–9 corn, DAS–68416–4 soybean, and DAS–44406–6 soybean are no longer subject to our regulations governing the introduction of certain genetically engineered organisms and to the plant pest provisions of the Plant Protection Act. Copies of the three signed determination documents for nonregulated status and the signed record of decision for the EIS, as well as copies the final EIS and the three PPRAs are available as indicated in the ADDRESSES and FOR FURTHER INFORMATION CONTACT sections of this notice. 3 To view the draft EIS, final EIS, supporting documents, and the comments we received, go to http://www.regulations.gov/#!docketDetail; D=APHIS-2013-0042. E:\FR\FM\22SEN1.SGM 22SEN1 Federal Register / Vol. 79, No. 183 / Monday, September 22, 2014 / Notices Authority: 7 U.S.C. 7701–7772 and 7781– 7786; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and 371.3. Office—Yates Building. Please call ahead to facilitate entry into the building. Done in Washington, DC, this 15th day of September 2014. Kevin Shea, Administrator, Animal and Plant Health Inspection Service. FOR FURTHER INFORMATION CONTACT: [FR Doc. 2014–22409 Filed 9–19–14; 8:45 am] BILLING CODE 3410–34–P DEPARTMENT OF AGRICULTURE Forest Service National Advisory Committee for Implementation of the National Forest System Land Management Planning Rule Forest Service, USDA. Notice of meetings. AGENCY: ACTION: The National Advisory Committee for Implementation of the National Forest System Land Management Planning Rule Committee (Committee) will meet in Arlington, VA. Attendees may also participate via webinar and conference call. The Committee operates in compliance with the Federal Advisory Committee Act (FACA) (Pub. L. 92–463). Additional information relating to the Committee can be found by visiting the Committee’s Web site at: http:// www.fs.usda.gov/main/planningrule/ committee. DATES: The meetings will be held, inperson and via webinar/conference call on the following dates and times: • Tuesday, September 30, 2014 from 9:00 a.m. to 5:00 p.m. EST • Wednesday, October 1, 2014 from 9:00 a.m. to 5:00 p.m. EST • Thursday, October 2, 2014 from 9:00 a.m. to 3:00 p.m. EST ADDRESSES: The meetings will be located at the Sheraton Pentagon City, 900 S Orme St., Arlington, VA. For anyone who would like to attend via webinar and/or conference call, please visit the Web site listed above or contact the person listed in the section titled FOR FURTHER INFORMATION CONTACT. Written comments must be sent to USDA Forest Service, Ecosystem Management Coordination, 201 14th Street SW., Mail Stop 1104, Washington, DC 20250–1104. Comments may also be sent via email to Jennifer Helwig at jahelwig@fs.fed.us. All comments are placed in the record and are available for public inspection and copying, including names and addresses when provided. The public may inspect comments received at the USDA Forest Service Washington asabaliauskas on DSK5VPTVN1PROD with NOTICES SUMMARY: VerDate Sep<11>2014 17:07 Sep 19, 2014 Jkt 232001 Jennifer Helwig, Committee Coordinator by phone at 202–205–0892 or email at jahelwig@fs.fed.us. Individuals who use telecommunication devices for the deaf (TDD) may call the Federal Information Relay Service (FIRS) at 1–800–877–8339 between 8:00 a.m. and 8:00 p.m., Eastern Standard Time, Monday through Friday. SUPPLEMENTARY INFORMATION: The purpose of this meeting is to provide ongoing advice and recommendations on implementation of the planning rule. This meeting is open to the public. The following business will be conducted: 1. Discussion of Committee scope of work for the next two years 2. Discussion of Committee work groups 3. Administrative tasks The agenda and a summary of the meeting will be posted on the Committee’s Web site within 21 days of the meeting. Meeting Accommodations: If you are a person requiring reasonable accommodation, please make requests in advance for sign language interpreting, assistive listening devices or other reasonable accommodation for access to the facility or proceedings by contacting the person listed in the section titled FOR FURTHER INFORMATION CONTACT. All reasonable accommodation requests are managed on a case by case basis. Dated: September 11, 2014. Brian Ferebee, Acting Associate Deputy Chief, National Forest System. [FR Doc. 2014–22503 Filed 9–19–14; 8:45 am] BILLING CODE 3411–15–P DEPARTMENT OF AGRICULTURE Rural Utilities Service Basin Electric Power Cooperative, Inc.: Antelope Valley Station—Neset 345-kV Transmission Line Project: Notice of Availability of the Record of Decision Rural Utilities Service, USDA. Notice of Availability of the Record of Decision. AGENCY: ACTION: The Rural Utilities Service (RUS), an agency within the U.S. Department of Agriculture (USDA), has issued a Record of Decision (ROD) to meet its responsibilities under the National Environmental Policy Act (NEPA), RUS’s Environmental Policies SUMMARY: PO 00000 Frm 00003 Fmt 4703 Sfmt 4703 56557 and Procedures, 7 CFR part 1794, and other applicable environmental requirements related to providing financial assistance for Basin Electric Power Cooperative’s (Basin Electric) proposed Antelope Valley Station (AVS) to Neset 345-kV Transmission Project (Project) in North Dakota. The Administrator of RUS has signed the ROD, which was effective upon signing. This ROD concludes RUS’s environmental review process in accordance with NEPA and RUS’s Environmental Policies and Procedures (7 CFR part 1794). The ultimate decision as to loan approval depends on the conclusion of the environmental review process plus financial and engineering analyses. Issuance of the ROD will allow these reviews to proceed. This ROD is not a decision on Basin’s loan application and is not an approval of the expenditure of federal funds. ADDRESSES: Copies of the ROD are available upon request from Mr. Dennis Rankin, Engineering and Environmental Staff, Rural Utilities Service, 1400 Independence Avenue SW., Stop 1571, Washington, DC 20250–1571, Tel: (202) 720–1953 or email: mailto:dennis.rankin@wdc.usda.gov. The ROD is also available at RUS’s Web site at http://www.rurdev.usda.gov/ UWP-AVS-Neset.html. FOR FURTHER INFORMATION CONTACT: Mr. Dennis Rankin, Engineering and Environmental Staff, Rural Utilities Service, 1400 Independence Avenue SW., Stop 1571, Washington, DC 20250– 1571, Tel: (202) 720–1953, or email: dennis.rankin@wdc.usda.gov. The ROD is also available at RUS’s Web site at http://www.rurdev.usda.gov/UWP-AVSNeset.html. SUPPLEMENTARY INFORMATION: Basin Electric is a regional wholesale electric generation and transmission cooperative owned and controlled by its member cooperatives. Basin Electric serves approximately 2.5 million customers covering 430,000 square miles in portions of nine states, including Colorado, Iowa, Minnesota, Montana, Nebraska, New Mexico, North Dakota, South Dakota, and Wyoming. Basin Electric has identified the need for additional electric transmission capacity in northwestern North Dakota to meet reliability and system stability requirements for the region resulting from increases in demand and load forecasts. Investigations and analyses conducted for the overall power delivery systems found that without improvements, the flow of power along existing lines may result in local line overloads, especially in the vicinity of Williston, North Dakota. E:\FR\FM\22SEN1.SGM 22SEN1

Agencies

[Federal Register Volume 79, Number 183 (Monday, September 22, 2014)]
[Notices]
[Pages 56555-56557]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-22409]


-----------------------------------------------------------------------

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2013-0042]


Dow AgroSciences LLC; Determination of Nonregulated Status of 
Herbicide Resistant Corn and Soybeans

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: We are advising the public of our determination that three 
varieties of herbicide resistant corn and soybeans produced by Dow 
AgroSciences LLC are no longer considered regulated articles under our 
regulations governing the introduction of certain genetically 
engineered organisms. Our determination is based on our evaluation of 
data submitted by the Dow AgroSciences LLC in its three petitions for a 
determination of nonregulated status, our analysis of publically 
available scientific data, and comments received from the public on the 
petition for nonregulated status and its associated environmental 
impact statement and plant pest risk assessments. This notice also 
announces the availability of our written determination and record of 
decision.

DATES: Effective Date: September 22, 2014.

ADDRESSES: You may read the documents referenced in this notice and any 
comments we received in our reading room. The reading room 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. Those 
documents are also available on the Internet at http://
www.aphis.usda.gov/biotechnology/
petitionstablepending.shtml under APHIS Petition 
Numbers 09-233-01p, 09-349-01p, and 11-234-01p and are posted with the 
comments we received on the Regulations.gov Web site at http://www.regulations.gov/#!docketDetail;D=APHIS-2013-0042.

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 documents referenced in this notice, contact Ms. Cindy Eck at 
(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

[[Page 56556]]

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 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 received three petitions (referred to below as ``the 
petitions'') from Dow AgroSciences LLC seeking determinations of 
nonregulated status for corn and soybean cultivars genetically 
engineered to be resistant to herbicides. The first petition, APHIS 
Petition Number 09-233-01p, seeks a determination of nonregulated 
status for corn (Zea mays) designated as event DAS-40278-9, which has 
been genetically engineered for increased resistance to certain 
broadleaf herbicides in the phenoxy auxin group (particularly the 
herbicide 2,4-D) and resistance to grass herbicides in the 
aryloxyphenoxypropionate (AOPP) acetyl coenzyme A carboxylase (ACCase) 
inhibitor group (i.e., ``fop'' herbicides, such as quizalofop-p-ethyl). 
The second petition, APHIS Petition Number 09-349-01p, seeks a 
determination of nonregulated status for soybean (Glycine max) 
designated as event DAS-68416-4, which has been genetically engineered 
for resistance to certain broadleaf herbicides in the phenoxy auxin 
growth regulator group (particularly the herbicide 2,4-D) and the 
nonselective herbicide glufosinate. The third petition, APHIS Petition 
Number 11-234-01p, seeks a determination of nonregulated status for 
soybean designated as event DAS-44406-6, which has been genetically 
engineered for resistance to certain broadleaf herbicides in the auxin 
growth regulator group (particularly the herbicide 2,4-D) and the 
nonselective herbicides glyphosate and glufosinate. The petitions state 
that these articles are unlikely to pose a plant pest risk and, 
therefore, should not be regulated articles under APHIS' regulations in 
7 CFR part 340.
    Notices were published \1\ in the Federal Register for each 
petition advising the public that APHIS had received the petition and 
was seeking public comments on the petition. The notices for the first 
two petitions (DAS-40278-9 corn and DAS-68416-4 soybean) additionally 
sought comment on our plant pest risk assessment (PPRA) and our draft 
environmental assessment (EA) for each petition.
---------------------------------------------------------------------------

    \1\ Docket No. APHIS-2010-0103 published on December 27, 2011, 
76 FR 80872-80873; Docket No. APHIS-2012-0019 published on July 13, 
2012, 77 FR 41367-41368; and Docket No. APHIS-2012-0032 published on 
July 13, 2012, 77 FR 41361-41362. The Federal Register notices for 
the petitions and supporting and related materials, including public 
comments, are available at http://www.regulations.gov/#!docketDetail;D=APHIS-2010-0103; http://www.regulations.gov/#!docketDetail;D=APHIS-2012-0019; and http://www.regulations.gov/#!docketDetail;D=APHIS-2012-0032.
---------------------------------------------------------------------------

    Following review of public comments, we published another notice 
\2\ in the Federal Register on May 16, 2013 (78 FR 28798-28800, Docket 
No. APHIS-2013-0042), advising the public of our intent to prepare an 
environmental impact statement (EIS) for the potential determination of 
nonregulated status requested by the petitions. APHIS decided to 
prepare an EIS in order to perform a comprehensive environmental 
analysis of the potential environmental impacts that may occur as a 
result of granting a determination of nonregulated status for these 
three events.
---------------------------------------------------------------------------

    \2\ To view the notice the comments we received, go to http://www.regulations.gov/#!docketDetail;D=APHIS-2013-0042.
---------------------------------------------------------------------------

National Environmental Policy Act and Record of Decision

    To provide the public with documentation of APHIS' review and 
analysis of the potential environmental impacts associated with a 
determination of nonregulated status of DAS-40278-9 corn, DAS-68416-4 
soybean, and DAS-44406-6 soybean, an EIS has been 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).
    A notice of availability regarding the draft EIS prepared by APHIS 
was published by the Environmental Protection Agency (EPA) in the 
Federal Register on January 10, 2014 (79 FR 1861-1862, Docket No. ER-
FRL-9012-9). Along with the draft EIS,\3\ APHIS also made available the 
PPRA for the third petition, DAS-44406-6 soybean, along with the PPRAs 
for the first two petitions (DAS-40278-9 corn and DAS-68416-4 soybean). 
APHIS reviewed and evaluated all of the public comments received on the 
draft EIS and prepared formal responses to them as part of the final 
EIS.
---------------------------------------------------------------------------

    \3\ To view the draft EIS, final EIS, supporting documents, and 
the comments we received, go to http://www.regulations.gov/#!docketDetail;D=APHIS-2013-0042.
---------------------------------------------------------------------------

    A notice of availability regarding the final EIS prepared by APHIS 
was published by EPA in the Federal Register on August 8, 2014 (79 FR 
46439, Docket No. ER-FRL-9016-3). The NEPA implementing regulations in 
40 CFR 1506.10 require a minimum 30-day review period between the time 
the notice of availability of a final EIS is published and the time an 
agency makes a decision on an action covered by the EIS. APHIS has 
reviewed and evaluated the comments received during the 30-day review 
period and has concluded that it has fully and appropriately analyzed 
the relevant environmental issues covered by the final EIS and those 
comments. Based on our final EIS, the response to public comments, and 
other pertinent scientific data, APHIS has prepared a record of 
decision for the final EIS.

Determination of Nonregulated Status

    Based on APHIS' analysis of field and laboratory data submitted by 
Dow AgroSciences LLC, references provided in the petitions, peer-
reviewed publications, information analyzed in the EIS, the PPRAs, 
comments provided by the public, and APHIS' evaluation of and response 
to those comments, APHIS has determined that DAS-40278-9 corn, DAS-
68416-4 soybean, and DAS-44406-6 soybean are unlikely to pose a plant 
pest risk. Accordingly, the petitions requesting a determination of 
nonregulated status are approved and DAS-40278-9 corn, DAS-68416-4 
soybean, and DAS-44406-6 soybean are no longer subject to our 
regulations governing the introduction of certain genetically 
engineered organisms and to the plant pest provisions of the Plant 
Protection Act.
    Copies of the three signed determination documents for nonregulated 
status and the signed record of decision for the EIS, as well as copies 
the final EIS and the three PPRAs are available as indicated in the 
ADDRESSES and FOR FURTHER INFORMATION CONTACT sections of this notice.


[[Page 56557]]


    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 15th day of September 2014.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2014-22409 Filed 9-19-14; 8:45 am]
BILLING CODE 3410-34-P