Dow AgroSciences LLC: Availability of a Preliminary Plant Pest Risk Assessment, Draft Environmental Assessment, Preliminary Finding of No Significant Impact, and Preliminary Determination of Nonregulated Status for Cotton Genetically Engineered for Resistance to 2,4-D and Glufosinate, 30432-30434 [2015-12817]
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<![CDATA[
30432
Federal Register / Vol. 80, No. 102 / Thursday, May 28, 2015 / Notices
asabaliauskas on DSK5VPTVN1PROD with NOTICES
other technological collection
techniques or other forms of information
technology should be addressed to: Desk
Officer for Agriculture, Office of
Information and Regulatory Affairs,
Office of Management and Budget
(OMB), OIRA_Submission@omb.eop.gov
or fax (202) 395–5806 and to
Departmental Clearance Office, USDA,
OCIO, Mail Stop 7602, Washington, DC
20250–7602. Comments regarding these
information collections are best assured
of having their full effect if they are
received within 30 days of this
notification. Copies of the submission(s)
may be obtained by calling (202) 720–
8958.
An agency may not conduct or
sponsor a collection of information
unless the collection of information
displays a currently valid OMB control
number and the agency informs
potential persons who are to respond to
the collection of information that such
persons are not required to respond to
the collection of information unless it
displays a currently valid OMB control
number.
Food and Nutrition Service
Title: Evaluation of Demonstration
Projects to End Childhood Hunger.
OMB Control Number: 0584–NEW.
Summary of Collection: The Healthy,
Hunger-Free Kids Act (HHFKA) of 2010
(Pub. L. 111–296), Congress added a
new Section [42 U.S.C. 179d] to develop
and evaluate innovative strategies to
‘‘reduce the risk of childhood hunger or
provide a significant improvement to
the food security status of households
with children.’’ This section mandates
research on the causes and
consequences of childhood hunger and
the testing of innovative strategies to
end childhood hunger and food
insecurity.
Need and Use of the Information: The
Food and Nutrition Service (FNS) will
use the information gathered in the data
collection activities to describe the five
demonstration projects; to determine if
the demonstration projects reduced food
insecurity among children or
households food insecurity for
households with children; and to
compare the relative effectiveness and
cost-efficiency of the demonstration
project across sites. The data being
collected is necessary to meet the
congressionally mandated requirement.
Without the information, FNS will not
be able to produce the required annual
Report to Congress.
Description of Respondents:
Individuals or households; Not-forprofit institutions; State, Local, or Tribal
Government.
Number of Respondents: 22,593.
VerDate Sep<11>2014
18:18 May 27, 2015
Jkt 235001
Frequency of Responses:
Recordkeeping; Reporting: Annually.
Total Burden Hours: 32,144.
Ruth Brown,
Departmental Information Collection
Clearance Officer.
[FR Doc. 2015–12818 Filed 5–27–15; 8:45 am]
BILLING CODE 3410–30–P
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
[Docket No. APHIS–2015–0037]
Double-Crested Cormorant
Management Plan To Reduce
Predation of Juvenile Salmonids in the
Columbia River Estuary Final
Environmental Impact Statement;
Record of Decision
Animal and Plant Health
Inspection Service, USDA.
ACTION: Notice.
AGENCY:
This notice advises the public
of the Animal and Plant Health
Inspection Service’s record of decision
for the U.S. Army Corps of Engineers’
Double-Crested Cormorant Management
Plan Final Environmental Impact
Statement.
SUMMARY:
Effective May 28, 2015.
You may read the final
environmental impact statement and the
record of decision 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.
The record of decision, final
environmental impact statement, and
supporting information may also be
found by visiting the APHIS Web site at
www.aphis.usda.gov/wildlifedamage/
nepa. To obtain copies of the
documents, contact the person listed
under FOR FURTHER INFORMATION
CONTACT.
DATES:
ADDRESSES:
FOR FURTHER INFORMATION CONTACT:
Mr.
David A. Bergsten, Assistant Chief,
Environmental and Risk Analysis
Services, PPD, APHIS, 4700 River Road
Unit 149, Riverdale, MD 20737–1238;
(301) 851–3136.
SUPPLEMENTARY INFORMATION: On
February 13, 2015, the U.S.
Environmental Protection Agency (EPA)
published in the Federal Register (80
FR 8081, Docket No. 2015–03068) a
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notice of the availability of an
environmental impact statement (EIS)
by the U.S. Army Corps of Engineers
(Corps) for the Double-crested
Cormorant Management Plan to Reduce
Predation of Juvenile Salmonids in the
Columbia River Estuary. That notice
was amended on February 20, 2015 (80
FR 9266–9267, Docket No. 2015–03524),
to correctly identify the EIS as a final
environmental impact statement (FEIS).
The U.S. Department of Agriculture’s
Animal and Plant Health Inspection
Service (APHIS), Wildlife Services
(USDA–WS) was a cooperating agency
in the development of the Corps’ FEIS
and adopted the FEIS pursuant to the
EPA notice published on May 1, 2015
(80 FR 24915, Docket 2015–10218).
Under the National Environmental
Policy Act (NEPA) implementing
regulations in 40 CFR 1506.10, an
Agency must wait a minimum of 30
days between publication of the EPA’s
notice of an FEIS and an Agency
decision on an action covered by the
FEIS. Accordingly, this notice advises
the public that the waiting period has
elapsed, and USDA–WS has issued a
record of decision to assist the Corps in
the implementation of the preferred
alternative of the Corps’ FEIS.
USDA–WS’ record of decision has
been 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).
Done in Washington, DC, this 22nd day of
May 2015.
Kevin Shea,
Administrator, Animal and Plant Health
Inspection Service.
[FR Doc. 2015–13000 Filed 5–27–15; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
[Docket No. APHIS–2013–0113]
Dow AgroSciences LLC: Availability of
a Preliminary Plant Pest Risk
Assessment, Draft Environmental
Assessment, Preliminary Finding of No
Significant Impact, and Preliminary
Determination of Nonregulated Status
for Cotton Genetically Engineered for
Resistance to 2,4–D and Glufosinate
Animal and Plant Health
Inspection Service, USDA.
AGENCY:
E:\FR\FM\28MYN1.SGM
28MYN1
Federal Register / Vol. 80, No. 102 / Thursday, May 28, 2015 / Notices
ACTION:
Notice.
We are advising the public
that the Animal and Plant Health
Inspection Service has prepared a
preliminary determination regarding a
request from Dow AgroSciences LLC
seeking a determination of nonregulated
status for cotton designated as DAS–
8191;–7, which has been genetically
engineered for resistance to the
herbicides 2,4–D and glufosinate. We
are also making available for public
review and comment our preliminary
plant pest risk assessment, draft
environmental assessment, and
preliminary finding of no significant
impact for the preliminary
determination of nonregulated status.
DATES: We will consider any
information that we receive on or before
June 29, 2015.
ADDRESSES: You may submit any
information by either of the following
methods:
• Federal eRulemaking Portal: Go to
https://www.regulations.gov/
#!docketDetail;D=APHIS-2013-0113.
• Postal Mail/Commercial Delivery:
Send your information 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 for this
petition and any other information 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.
Supporting documents for this
petition are 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
asabaliauskas on DSK5VPTVN1PROD with NOTICES
SUMMARY:
VerDate Sep<11>2014
18:18 May 27, 2015
Jkt 235001
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
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 13–262–01p) from Dow
AgroSciences LLC (DAS) of
Indianapolis, IN, seeking a
determination of nonregulated status of
cotton (Gossypium hirsutum) designated
as DAS–8191;–7, which has been
genetically engineered for resistance to
certain broadleaf herbicides in the
phenoxy auxin group (particularly the
herbicide 2,4–D) and resistance to the
herbicide glufosinate. The petition
states that information collected during
field trials and laboratory analyses
indicates that cotton designated as
DAS–8191;–7 is not likely to be a plant
pest or result in weediness potential 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 GE organisms,
APHIS accepts written comments
regarding a petition once APHIS deems
it complete. In a notice 2 published in
the Federal Register on March 18, 2014
(79 FR 15096–15097, Docket No.
APHIS–2013–0113), APHIS announced
the availability of the DAS petition for
public comment. APHIS solicited
comments on the petition for 60 days
ending on May 19, 2014, in order to
help identify potential environmental
and interrelated economic issues and
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, and the
comments we received, go to https://
www.regulations.gov/#!docketDetail;D=APHIS2013-0113.
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30433
impacts that APHIS may determine
should be considered in our evaluation
of the petition. APHIS received 193
comments on the petition; 1 comment
from a consumer organization included
an attached petition with 31,947
signatures and 2,643 unique comments.
Relevant issues raised by commenters
focused on potential impacts to cotton
plants from off-target drift, weed
management, human health
considerations from exposure to
herbicides, and domestic and
international economic impacts
associated with the development and
marketing of a new herbicide-resistant
product. APHIS has evaluated the issues
raised during the comment period and,
where appropriate, has provided a
discussion of these issues in our draft
environmental assessment (EA).
After public comments are received
on a completed petition, APHIS
evaluates those comments and then
provides a second opportunity for
public involvement in our
decisionmaking process. According to
our public review process (see footnote
1), the second opportunity for public
involvement follows one of two
approaches, as described below.
If APHIS decides, 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 no substantive
new issues, APHIS will follow
Approach 1 for public involvement.
Under Approach 1, APHIS announces in
the Federal Register the availability of
APHIS’ preliminary regulatory
determination along with its draft EA,
preliminary finding of no significant
impact (FONSI), and its preliminary
plant pest risk assessment (PPRA) for a
30-day public review period. APHIS
will evaluate any information received
related to the petition and its supporting
documents during the 30-day public
review period. For this petition, we are
using Approach 1.
If APHIS decides, 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, APHIS will follow Approach 2.
Under Approach 2, APHIS first solicits
written comments from the public on a
draft EA and preliminary PPRA for a 30day comment period through the
publication of a Federal Register notice.
Then, after reviewing and evaluating the
comments on the draft EA and
preliminary PPRA and other
information, APHIS will revise the
PPRA as necessary and prepare a final
E:\FR\FM\28MYN1.SGM
28MYN1
asabaliauskas on DSK5VPTVN1PROD with NOTICES
30434
Federal Register / Vol. 80, No. 102 / Thursday, May 28, 2015 / Notices
EA and, based on the final EA, a
National Environmental Policy Act
(NEPA) decision document (either a
FONSI or a notice of intent to prepare
an environmental impact statement).
As part of our decision making
process regarding a GE organism’s
regulatory status, APHIS prepares a
PPRA to assess the plant pest risk of the
article. APHIS also prepares the
appropriate environmental
documentation—either an EA or an
environmental impact statement—in
accordance with NEPA, to provide the
Agency and the public with a review
and analysis of any potential
environmental impacts that may result
if the petition request is approved.
APHIS has prepared a preliminary
PPRA and has concluded that cotton
designated as DAS–8191;–7, which has
been genetically engineered for
resistance to the herbicides 2,4–D and
glufosinate, is unlikely to pose 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 also prepared a draft EA in
which we present two alternatives based
on our analysis of data submitted by
DAS, a review of other scientific data,
field tests conducted under APHIS
oversight, and comments received on
the petition. APHIS is considering the
following alternatives: (1) Take no
action, i.e., APHIS would not change the
regulatory status of cotton designated as
DAS–8191;–7, or (2) make a
determination of nonregulated status of
cotton designated as DAS–8191;–7.
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 draft EA and other
pertinent scientific data, APHIS has
prepared a preliminary FONSI with
regard to the preferred alternative
identified in the EA.
Based on APHIS’ analysis of field and
laboratory data submitted by DAS,
references provided in the petition,
peer-reviewed publications, information
analyzed in the draft EA, the
preliminary PPRA, comments provided
by the public on the petition, and
VerDate Sep<11>2014
18:18 May 27, 2015
Jkt 235001
discussion of issues in the draft EA,
APHIS has determined that cotton
designated as DAS–8191;–7 is unlikely
to pose a plant pest risk. We have
therefore reached a preliminary decision
to make a determination of nonregulated
status of cotton designated as DAS–
8191;–7, whereby cotton designated as
DAS–8191;–7 would no longer be
subject to our regulations governing the
introduction of certain GE organisms.
We are making available for a 30-day
review period APHIS’ preliminary
regulatory determination of cotton
designated as DAS–8191;–7, along with
our preliminary PPRA, draft EA, and
preliminary FONSI for the preliminary
determination of nonregulated status.
The draft EA, preliminary FONSI,
preliminary PPRA, and our preliminary
determination for cotton designated as
DAS–8191;–7, as well as the DAS
petition and the comments received on
the petition, are available as indicated
under ADDRESSES and FOR FURTHER
INFORMATION CONTACT above. Copies of
these documents may also be obtained
from the person listed under FOR
FURTHER INFORMATION CONTACT.
After the 30-day review period closes,
APHIS will review and evaluate any
information received during the 30-day
review period. If, after evaluating the
information received, APHIS determines
that we have not received substantive
new information that would warrant
APHIS altering our preliminary
regulatory determination or FONSI,
substantially changing the proposed
action identified in the draft EA, or
substantially changing the analysis of
impacts in the draft EA, APHIS will
notify the public through an
announcement on our Web site of our
final regulatory determination. If,
however, APHIS determines that we
have received substantive new
information that would warrant APHIS
altering our preliminary regulatory
determination or FONSI, substantially
changing the proposed action identified
in the draft EA, or substantially
changing the analysis of impacts in the
draft EA, then APHIS will notify the
public of our intent to conduct
additional analysis and to prepare an
amended EA, a new FONSI, and/or a
revised PPRA, which would be made
available for public review through the
publication of a notice of availability in
the Federal Register. APHIS will also
notify the petitioner.
Authority: 7 U.S.C. 7701–7772 and 7781–
7786; 31 U.S.C. 9701; 7 CFR 2.22, 2.80, and
371.3.
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
Done in Washington, DC, this 21st day of
May 2015.
Kevin Shea,
Administrator, Animal and Plant Health
Inspection Service.
[FR Doc. 2015–12817 Filed 5–27–15; 8:45 am]
BILLING CODE 3410–34–P
DEPARTMENT OF COMMERCE
Foreign-Trade Zones Board
[B–34–2015]
Notification of Proposed Production
Activity; Hitachi Automotive Systems
Americas, Inc.; Subzone 29F
(Automotive Battery Management
Systems); Harrodsburg, Kentucky
The Louisville and Jefferson County
Riverport Authority, grantee of FTZ 29,
submitted a notification of proposed
production activity to the FTZ Board on
behalf of Hitachi Automotive Systems
Americas, Inc. (HIAMS–HK), operator of
Subzone 29F, at its facilities located in
Harrodsburg, Kentucky. The notification
conforming to the requirements of the
regulations of the FTZ Board (15 CFR
400.22) was received on May 5, 2015.
HIAMS–HK already has authority to
produce various automotive
components, including electric-hybrid
drive systems, mass air sensors, throttle
bodies and chambers, starter motors,
motor/generator units, alternators,
distributors, static converters, inverter
modules, rotors/stators, batteries,
ignition coils, sensors and modules, fuel
injectors, emissions control equipment,
valves, pumps, and electronic control
units for engines and transmissions
within Subzone 29F. The current
request would add a new finished
product (automotive battery
management systems) and foreign
components to the scope of authority.
Pursuant to 15 CFR 400.14(b), FTZ
activity would be limited to the specific
foreign-status components and specific
finished products described in the
submitted notification (as described
below) and subsequently authorized by
the FTZ Board.
Production under FTZ procedures
could exempt HIAMS–HK from customs
duty payments on the foreign status
components used in export production.
On its domestic sales, HIAMS–HK
would be able to choose the duty rate
during customs entry procedures that
applies to automotive battery
management systems (1.7%) for the
foreign status inputs noted below and in
the existing scope of authority. Customs
duties also could possibly be deferred or
reduced on foreign status production
equipment.
E:\FR\FM\28MYN1.SGM
28MYN1
]]>Agencies
[Federal Register Volume 80, Number 102 (Thursday, May 28, 2015)]
[Notices]
[Pages 30432-30434]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2015-12817]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
[Docket No. APHIS-2013-0113]
Dow AgroSciences LLC: Availability of a Preliminary Plant Pest
Risk Assessment, Draft Environmental Assessment, Preliminary Finding of
No Significant Impact, and Preliminary Determination of Nonregulated
Status for Cotton Genetically Engineered for Resistance to 2,4-D and
Glufosinate
AGENCY: Animal and Plant Health Inspection Service, USDA.
[[Page 30433]]
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: We are advising the public that the Animal and Plant Health
Inspection Service has prepared a preliminary determination regarding a
request from Dow AgroSciences LLC seeking a determination of
nonregulated status for cotton designated as DAS-8191[Oslash]-7, which
has been genetically engineered for resistance to the herbicides 2,4-D
and glufosinate. We are also making available for public review and
comment our preliminary plant pest risk assessment, draft environmental
assessment, and preliminary finding of no significant impact for the
preliminary determination of nonregulated status.
DATES: We will consider any information that we receive on or before
June 29, 2015.
ADDRESSES: You may submit any information by either of the following
methods:
Federal eRulemaking Portal: Go to https://www.regulations.gov/#!docketDetail;D=APHIS-2013-0113.
Postal Mail/Commercial Delivery: Send your information 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 for this petition and any other information 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.
Supporting documents for this petition are 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.''
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
13-262-01p) from Dow AgroSciences LLC (DAS) of Indianapolis, IN,
seeking a determination of nonregulated status of cotton (Gossypium
hirsutum) designated as DAS-8191[Oslash]-7, which has been genetically
engineered for resistance to certain broadleaf herbicides in the
phenoxy auxin group (particularly the herbicide 2,4-D) and resistance
to the herbicide glufosinate. The petition states that information
collected during field trials and laboratory analyses indicates that
cotton designated as DAS-8191[Oslash]-7 is not likely to be a plant
pest or result in weediness potential 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 GE
organisms, APHIS accepts written comments regarding a petition once
APHIS deems it complete. In a notice \2\ published in the Federal
Register on March 18, 2014 (79 FR 15096-15097, Docket No. APHIS-2013-
0113), APHIS announced the availability of the DAS petition for public
comment. APHIS solicited comments on the petition for 60 days ending on
May 19, 2014, 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
193 comments on the petition; 1 comment from a consumer organization
included an attached petition with 31,947 signatures and 2,643 unique
comments. Relevant issues raised by commenters focused on potential
impacts to cotton plants from off-target drift, weed management, human
health considerations from exposure to herbicides, and domestic and
international economic impacts associated with the development and
marketing of a new herbicide-resistant product. APHIS has evaluated the
issues raised during the comment period and, where appropriate, has
provided a discussion of these issues in our draft environmental
assessment (EA).
---------------------------------------------------------------------------
\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, and the comments we
received, go to https://www.regulations.gov/#!docketDetail;D=APHIS-
2013-0113.
---------------------------------------------------------------------------
After public comments are received on a completed petition, APHIS
evaluates those comments and then provides a second opportunity for
public involvement in our decisionmaking process. According to our
public review process (see footnote 1), the second opportunity for
public involvement follows one of two approaches, as described below.
If APHIS decides, 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 no substantive new issues, APHIS will follow
Approach 1 for public involvement. Under Approach 1, APHIS announces in
the Federal Register the availability of APHIS' preliminary regulatory
determination along with its draft EA, preliminary finding of no
significant impact (FONSI), and its preliminary plant pest risk
assessment (PPRA) for a 30-day public review period. APHIS will
evaluate any information received related to the petition and its
supporting documents during the 30-day public review period. For this
petition, we are using Approach 1.
If APHIS decides, 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, APHIS will follow Approach
2. Under Approach 2, APHIS first solicits written comments from the
public on a draft EA and preliminary 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 preliminary
PPRA and other information, APHIS will revise the PPRA as necessary and
prepare a final
[[Page 30434]]
EA and, based on the final EA, a National Environmental Policy Act
(NEPA) decision document (either a FONSI or a notice of intent to
prepare an environmental impact statement).
As part of our decision making process regarding a GE organism's
regulatory status, APHIS prepares a PPRA to assess the plant pest risk
of the article. APHIS also prepares the appropriate environmental
documentation--either an EA or an environmental impact statement--in
accordance with NEPA, to provide the Agency and the public with a
review and analysis of any potential environmental impacts that may
result if the petition request is approved.
APHIS has prepared a preliminary PPRA and has concluded that cotton
designated as DAS-8191[Oslash]-7, which has been genetically engineered
for resistance to the herbicides 2,4-D and glufosinate, is unlikely to
pose 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 also prepared a draft EA in which we present two
alternatives based on our analysis of data submitted by DAS, a review
of other scientific data, field tests conducted under APHIS oversight,
and comments received on the petition. APHIS is considering the
following alternatives: (1) Take no action, i.e., APHIS would not
change the regulatory status of cotton designated as DAS-8191[Oslash]-
7, or (2) make a determination of nonregulated status of cotton
designated as DAS-8191[Oslash]-7.
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 draft EA and other pertinent scientific data, APHIS has
prepared a preliminary FONSI with regard to the preferred alternative
identified in the EA.
Based on APHIS' analysis of field and laboratory data submitted by
DAS, references provided in the petition, peer-reviewed publications,
information analyzed in the draft EA, the preliminary PPRA, comments
provided by the public on the petition, and discussion of issues in the
draft EA, APHIS has determined that cotton designated as DAS-
8191[Oslash]-7 is unlikely to pose a plant pest risk. We have therefore
reached a preliminary decision to make a determination of nonregulated
status of cotton designated as DAS-8191[Oslash]-7, whereby cotton
designated as DAS-8191[Oslash]-7 would no longer be subject to our
regulations governing the introduction of certain GE organisms.
We are making available for a 30-day review period APHIS'
preliminary regulatory determination of cotton designated as DAS-
8191[Oslash]-7, along with our preliminary PPRA, draft EA, and
preliminary FONSI for the preliminary determination of nonregulated
status. The draft EA, preliminary FONSI, preliminary PPRA, and our
preliminary determination for cotton designated as DAS-8191[Oslash]-7,
as well as the DAS petition and the comments received on the petition,
are available as indicated under ADDRESSES and FOR FURTHER INFORMATION
CONTACT above. Copies of these documents may also be obtained from the
person listed under FOR FURTHER INFORMATION CONTACT.
After the 30-day review period closes, APHIS will review and
evaluate any information received during the 30-day review period. If,
after evaluating the information received, APHIS determines that we
have not received substantive new information that would warrant APHIS
altering our preliminary regulatory determination or FONSI,
substantially changing the proposed action identified in the draft EA,
or substantially changing the analysis of impacts in the draft EA,
APHIS will notify the public through an announcement on our Web site of
our final regulatory determination. If, however, APHIS determines that
we have received substantive new information that would warrant APHIS
altering our preliminary regulatory determination or FONSI,
substantially changing the proposed action identified in the draft EA,
or substantially changing the analysis of impacts in the draft EA, then
APHIS will notify the public of our intent to conduct additional
analysis and to prepare an amended EA, a new FONSI, and/or a revised
PPRA, which would be made available for public review through the
publication of a notice of availability in the Federal Register. APHIS
will also notify the petitioner.
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 21st day of May 2015.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2015-12817 Filed 5-27-15; 8:45 am]
BILLING CODE 3410-34-P
