Bayer/Monsanto; Availability of Petition for Determination of Nonregulated Status of Maize Genetically Engineered for Dicamba, Glufosinate, Quizalofop, and 2,4-Dichlorophenoxyacetic Acid Tolerance With Tissue-Specific Glyphosate Tolerance Facilitating the Production of Hybrid Maize Seed

Citation85 FR 27354
Record Number2020-09834
Published date08 May 2020
SectionNotices
CourtAnimal And Plant Health Inspection Service
Federal Register, Volume 85 Issue 90 (Friday, May 8, 2020)
[Federal Register Volume 85, Number 90 (Friday, May 8, 2020)]
                [Notices]
                [Pages 27354-27355]
                From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
                [FR Doc No: 2020-09834]
                [[Page 27354]]
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                DEPARTMENT OF AGRICULTURE
                Animal and Plant Health Inspection Service
                [Docket No. APHIS-2020-0021]
                Bayer/Monsanto; Availability of Petition for Determination of
                Nonregulated Status of Maize Genetically Engineered for Dicamba,
                Glufosinate, Quizalofop, and 2,4-Dichlorophenoxyacetic Acid Tolerance
                With Tissue-Specific Glyphosate Tolerance Facilitating the Production
                of Hybrid Maize Seed
                AGENCY: Animal and Plant Health Inspection Service, USDA.
                ACTION: Notice.
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                SUMMARY: We are advising the public that the Animal and Plant Health
                Inspection Service (APHIS) has received a petition from Bayer/Monsanto
                seeking a determination of nonregulated status of maize genetically
                engineered for dicamba, glufosinate, quizalofop, and 2,4-
                dichlorophenoxyacetic acid tolerance with tissue-specific glyphosate
                tolerance facilitating the production of hybrid maize seed. The
                petition has been submitted in accordance with our regulations
                concerning the introduction of certain genetically engineered organisms
                and products. We are making the petition available for review and
                comment to help us identify potential environmental and interrelated
                economic issues and impacts that APHIS may determine should be
                considered in our evaluation of the petition.
                DATES: We will consider all comments that we receive on or before July
                7, 2020.
                ADDRESSES: You may submit comments by either of the following methods:
                 Federal eRulemaking Portal: Go to http://www.regulations.gov/#!docketDetail;D=APHIS-2020-0021.
                 Postal Mail/Commercial Delivery: Send your comment to
                Docket No. APHIS-2020-0021, Regulatory Analysis and Development, PPD,
                APHIS, Station 3A-03.8, 4700 River Road, Unit 118, Riverdale, MD 20737-
                1238.
                 The petition and any comments we receive on this docket may be
                viewed at http://www.regulations.gov/#!docketDetail;D=APHIS-2020-0021
                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) 7997039 before coming.
                 The petition is also available on the APHIS website at: https://www.aphis.usda.gov/aphis/ourfocus/biotechnology/permits-notifications-petitions/petitions/petition-status under APHIS petition 19-316-01p.
                FOR FURTHER INFORMATION CONTACT: Ms. Cindy Eck, Biotechnology
                Regulatory Services, APHIS, 4700 River Road, Unit 147, Riverdale, MD
                20737-1236; (301) 851-3892; email: [email protected].
                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. Paragraphs (b) and (c) of Sec. 340.6 describe
                the form that a petition for a determination of nonregulated status
                must take and the information that must be included in the petition.
                 APHIS has received a petition (APHIS Petition Number 19-316-01p)
                from Bayer/Monsanto, seeking a determination of nonregulated status
                maize genetically engineered for dicamba, glufosinate, quizalofop, and
                2,4-dichlorophenoxyacetic acid tolerance with tissue-specific
                glyphosate tolerance facilitating the production of hybrid maize seed.
                The Bayer/Monsanto petition states that the maize is unlikely to pose a
                plant pest risk and, therefore, should not be a regulated article under
                APHIS' regulations in 7 CFR part 340.
                 Data were gathered on multiple parameters and used by the applicant
                to evaluate agronomic characteristics and product performance. These
                and other data are used by APHIS to determine if the new variety poses
                a plant pest risk.
                 Paragraph (d) of Sec. 340.6 provides that APHIS will publish a
                notice in the Federal Register providing 60 days for public comment for
                petitions for a determination of nonregulated status. On March 6, 2012,
                we published in the Federal Register (77 FR 13258-13260, Docket No.
                APHIS-2011-0129) a notice \1\ describing our process for soliciting
                public comment when considering petitions for determinations of
                nonregulated status for GE organisms. In that notice we indicated that
                APHIS would accept written comments regarding a petition once APHIS
                deemed it complete.
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                 \1\ To view the notice, go to http://www.regulations.gov/#!docketDetail;D=APHIS-2011-0129.
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                 In accordance with Sec. 340.6(d) of the regulations and our
                process for soliciting public input when considering petitions for
                determinations of nonregulated status for GE organisms, we are
                publishing this notice to inform the public that APHIS will accept
                written comments regarding the petition for a determination of
                nonregulated status from interested or affected persons for a period of
                60 days from the date of this notice. The petition is available for
                public review and comment, and copies are available as indicated under
                ADDRESSES and FOR FURTHER INFORMATION CONTACT above. We are interested
                in receiving comments regarding potential environmental and
                interrelated economic issues and impacts that APHIS may determine
                should be considered in our evaluation of the petition. We are
                particularly interested in receiving comments regarding biological,
                cultural, or ecological issues, and we encourage the submission of
                scientific data, studies, or research to support your comments.
                 After the comment period closes, APHIS will review all written
                comments received during the comment period and any other relevant
                information. Any substantive issues identified by APHIS based on our
                review of the petition and our evaluation and analysis of comments will
                be considered in the development of our decision-making documents. As
                part of our decision-making process regarding a GE organism's
                regulatory status, APHIS prepares a plant pest risk assessment to
                assess its plant pest risk and the appropriate environmental
                documentation--either an environmental assessment (EA) or an
                environmental impact statement (EIS)--in accordance with the National
                Environmental Policy Act (NEPA), to provide the Agency with a review
                and analysis of any potential environmental impacts associated with the
                petition request. For petitions for which APHIS prepares an EA, APHIS
                will follow our
                [[Page 27355]]
                published process for soliciting public comment (see footnote 1) and
                publish a separate notice in the Federal Register announcing the
                availability of APHIS' EA and plant pest risk assessment.
                 Should APHIS determine that an EIS is necessary, APHIS will
                complete the NEPA EIS process in accordance with Council on
                Environmental Quality regulations (40 CFR part 1500-1508) and APHIS'
                NEPA implementing regulations (7 CFR part 372).
                 Authority: 7 U.S.C. 7701-7772 and 7781-7786; 31 U.S.C. 9701; 7
                CFR 2.22, 2.80, and 371.3.
                 Done in Washington, DC, this 4th day of May 2020.
                Michael Watson,
                 Acting Administrator, Animal and Plant Health Inspection Service.
                [FR Doc. 2020-09834 Filed 5-7-20; 8:45 am]
                BILLING CODE 3410-34-P
                

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