41366 Federal Register / Vol. 77, No. 135 / Friday, July 13, 2012 / Notices 

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 

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 9th day of 

July 2012. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2012–17135 Filed 7–12–12; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

[Docket No. APHIS–2012–0024] 

Syngenta Biotechnology, Inc.; 

Availability of Petition, Plant Pest Risk 

Assessment, and Environmental 

Assessment for Determination of 

Nonregulated Status of Corn 

Genetically Engineered for Insect 

Resistance 

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 received a 

petition from Syngenta Biotechnology, 

Inc., seeking a determination of 

nonregulated status of corn designated 

as SYN–05307–1, which has been 

genetically engineered for resistance to 

corn rootworm, an insect pest of corn. 

The petition has been submitted in 

accordance with our regulations 

concerning the introduction of certain 

genetically engineered organisms and 

products. We are soliciting comments 

on whether this genetically engineered 

corn is likely to pose a plant pest risk. 

We are making available for public 

comment the Syngenta Biotechnology, 

Inc., petition, our plant pest risk 

assessment, and our draft environmental 

assessment for the proposed 

determination of nonregulated status. 

DATES: We will consider all comments 

that we receive on or before September 

11, 2012. 

ADDRESSES: You may submit comments 

by either of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov/ 

#!documentDetail;D=APHIS-2012-0024- 

0001. 

• Postal Mail/Commercial Delivery: 

Send your comment to Docket No. 

APHIS–2012–0024, Regulatory Analysis 

and Development, PPD, APHIS, Station 

3A–03.8, 4700 River Road Unit 118, 

Riverdale, MD 20737–1238. 

Supporting documents and any 

comments we receive on this docket 

may be viewed at http:// 

www.regulations.gov/ 

#!docketDetail;D=APHIS-2012-0024 or 

in our reading room, which is located in 

room 1141 of the USDA South Building, 

14th Street and Independence Avenue 

SW., Washington, DC. Normal reading 

room hours are 8 a.m. to 4:30 p.m., 

Monday through Friday, except 

holidays. To be sure someone is there to 

help you, please call (202) 799–7039 

before coming. 

The petition, draft environmental 

assessment, and plant pest risk 

assessment are also available on the 

APHIS Web site at http:// 

www.aphis.usda.gov/brs/aphisdocs/ 

10_33601p.pdf, http:// 

www.aphis.usda.gov/brs/aphisdocs/ 

10_33601p_dea.pdf, and http:// 

www.aphis.usda.gov/brs/aphisdocs/ 

10_33601p_dpra.pdf. 

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, draft 

environmental assessment, or plant pest 

risk assessment, contact Ms. Cindy Eck 

at (301) 851–3892, email: 

cynthia.a.eck@aphis.usda.gov. 

SUPPLEMENTARY INFORMATION: 

Background 

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 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. 

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 has received a petition (APHIS 

Petition Number 10–336–01p) from 

Syngenta Biotechnology, Inc., 

(Syngenta) of Research Triangle Park, 

NC, seeking a determination of 

nonregulated status of corn (Zea mays 

L.) designated as event SYN–05307–1, 

which has been genetically engineered 

for resistance to corn rootworm, an 

insect pest of corn. The petition states 

that this corn is unlikely to pose a plant 

pest risk and, therefore, should not be 

a regulated article under APHIS’ 

regulations in 7 CFR part 340. 

As described in the petition, corn 

event SYN–05307–1 has been 

genetically engineered to contain the 

transgene ecry3.1Ab encoding a novel 

rootworm-control protein, eCry3.1Ab, 

and the transgene pmi (also known as 

manA) encoding the enzyme 

phosphomannose isomerase (PMI). The 

eCry3.1Ab protein is an engineered 

chimera of the modified Cry3A 

(mCry3A) and Cry1Ab proteins, 

members of a class of insecticidal 

proteins derived from Bacillus 

thuringiensis. Corn event SYN–05307–1 

is currently regulated under 7 CFR part 

340. Interstate movements and field 

tests of corn event SYN–05307–1 have 

been conducted under notifications 

acknowledged by APHIS. 

Field tests conducted under APHIS 

oversight allowed for evaluation in a 

natural agricultural setting while 

imposing measures to minimize the risk 

of persistence in the environment after 

completion of the test. Data are 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. 

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 


srobinson on DSK4SPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 135 / Friday, July 13, 2012 / Notices 41367 

1To view the notice, go to http:// 

www.regulations.gov/#!docketDetail;D=APHIS2011-0129. 

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 prepared a 

plant pest risk assessment (PPRA) to 

determine if corn event SYN–05307–1 is 

unlikely to pose a plant pest risk. 

APHIS has also prepared a draft 

environmental assessment (EA) in 

which it presents two alternatives based 

on its analyses of data submitted by 

Syngenta, a review of other scientific 

data, and field tests conducted under 

APHIS oversight. APHIS is considering 

the following alternatives: (1) Take no 

action, i.e., APHIS would not change the 

regulatory status of corn event SYN– 

05307–1 and it would continue to be a 

regulated article, or (2) make a 

determination of nonregulated status of 

corn event SYN–05307–1. 

The draft EA has been prepared to 

provide the APHIS decisionmaker with 

a review and analysis of any potential 

environmental impacts associated with 

the proposed determination of 

nonregulated status of corn event SYN– 

05307–1. The draft 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). 

Paragraph (d) of § 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 updated process 

for soliciting public comment when 

considering such petitions. As described 

in the notice, all petitions received by 

APHIS on or after March 6, 2012, will 

be handled using the updated process, 

whereby APHIS will publish two 

separate notices in the Federal Register 

for petitions for which APHIS prepares 

an environmental assessment. For 

petitions received before this date, 

however, we indicated that petitions 

may follow our previous process, i.e., 

the petition, draft EA, and PPRA will be 

made available in a single Federal 

Register notice for a 60-day comment 

period. For this petition, APHIS is 

following that previous process. 

In accordance with § 340.6(d) of the 

regulations, 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. We are also 

soliciting written comments from 

interested or affected persons on the 

PPRA and the draft EA prepared to 

examine any potential environmental 

impacts of the proposed determination 

for the deregulation of the subject corn 

line. The petition, draft EA, and PPRA 

are available for public review, and 

copies of the petition, draft EA, and 

PPRA are available as indicated under 

ADDRESSES and FOR FURTHER

INFORMATION CONTACT above. 

After the comment period closes, 

APHIS will review all written comments 

received during the comment period 

and any other relevant information. All 

comments received regarding the 

petition, draft EA, and PPRA will be 

available for public review. After 

reviewing and evaluating the comments 

on the petition, the draft EA, PPRA, and 

other data, APHIS will furnish a 

response to the petitioner, either 

approving or denying the petition. 

APHIS will also publish a notice in the 

Federal Register announcing the 

regulatory status of corn event SYN– 

05307–1 and the availability of APHIS’ 

written environmental decision and 

regulatory determination. 

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 9th day of 

July 2012. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2012–17161 Filed 7–12–12; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

[Docket No. APHIS–2012–0019] 

Dow AgroSciences LLC; Availability of 

Petition, Plant Pest Risk Assessment, 

and Environmental Assessment for 

Determination of Nonregulated Status 

of Soybean Genetically Engineered for 

Herbicide Tolerance 

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 received a 

petition from Dow AgroSciences LLC 

seeking a determination of nonregulated 

status of soybean designated as DAS– 

68416–4, which has been genetically 

engineered for tolerance to broadleaf 

herbicides in the phenoxy auxin group 

(such as the herbicide 2,4-D) and the 

herbicide glufosinate. The petition has 

been submitted in accordance with our 

regulations concerning the introduction 

of certain genetically engineered 

organisms and products. We are 

soliciting comments on whether this 

genetically engineered soybean is likely 

to pose a plant pest risk. We are making 

available for public comment the Dow 

AgroSciences LLC petition, our plant 

pest risk assessment, and our draft 

environmental assessment for the 

proposed determination of nonregulated 

status. 

DATES: We will consider all comments 

that we receive on or before September 

11, 2012. 

ADDRESSES: You may submit comments 

by either of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov/ 

#!documentDetail;D=APHIS-2012-0019- 

0001. 

• Postal Mail/Commercial Delivery: 

Send your comment to Docket No. 

APHIS–2012–0019, Regulatory Analysis 

and Development, PPD, APHIS, Station 

3A–03.8, 4700 River Road Unit 118, 

Riverdale, MD 20737–1238. 

Supporting documents and any 

comments we receive on this docket 

may be viewed at http:// 

www.regulations.gov/ 

#!docketDetail;D=APHIS-2012-0019 or 

in our reading room, which is located in 

room 1141 of the USDA South Building, 

14th Street and Independence Avenue 

SW., Washington, DC. Normal reading 

room hours are 8 a.m. to 4:30 p.m., 

Monday through Friday, except 

holidays. To be sure someone is there to 

help you, please call (202) 799–7039 

before coming. 

The petition, draft environmental 

assessment, and plant pest risk 

assessment are also available on the 

APHIS Web site at http:// 

www.aphis.usda.gov/brs/aphisdocs/ 

09_34901p.pdf, http:// 

www.aphis.usda.gov/brs/aphisdocs/ 

09_34901p_dea.pdf, and http:// 

www.aphis.usda.gov/brs/aphisdocs/ 

09_34901p_dpra.pdf. 

FOR FURTHER INFORMATION CONTACT: Dr. 

John Turner, Director, Environmental 

Risk Analysis Programs, Biotechnology 

Regulatory Services, APHIS, 4700 River 

Road Unit 147, Riverdale, MD 20737– 


srobinson on DSK4SPTVN1PROD with NOTICES