Federal Register / Vol. 76, No. 248 / Tuesday, December 27, 2011 / Notices 80871 

fruit fly (Anastrepha fraterculus). As a 

result of these comments, APHIS 

contacted the Argentine NPPO, which 

requested that, in addition to the pestfree status for C. capitata, the Mendoza 

province of Argentina also be 

recognized as free of A. fraterculus. 

We published a second notice in the 

Federal Register on August 19, 2011 (76 

FR 51934–51935, Docket No. APHIS– 

2010–0032), in which we announced 

the availability, for review and 

comment, of a CIED evaluating the 

information presented by Argentina in 

support of its request to recognize 

additional areas as pest-free areas for the 

South American fruit fly and all other 

economically important species of 

Anastrepha in Argentina. We solicited 

comments on the notice for 60 days 

ending on October 18, 2011. We 

received no comments by that date. 

Therefore, in accordance with 

§ 319.56–5(c), we are announcing the 

Administrator’s determination that the 

Southern and Central Oases in the 

southern half of Mendoza Province in 

Argentina meet the criteria of § 319.56– 

5(a) and (b) with respect to freedom 

from Medfly, South American fruit fly, 

and all other economically important 

species of Anastrepha. Accordingly, we 

are recognizing these areas as pest-free 

areas for Medfly, South American fruit 

fly, and all other economically 

important species of Anastrepha and 

have added them to the list of pest-free 

areas. A list of pest-free areas currently 

recognized by APHIS can be found at 

http://www.aphis.usda.gov/import_

export/plants/manuals/ports/

downloads/DesignatedPest

FreeAreas.pdf. 

Done in Washington, DC, this 19th day of 

December 2011. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2011–33110 Filed 12–23–11; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

[Docket No. APHIS–2011–0095] 

Monsanto Co.; Availability of Petition, 

Plant Pest Risk Assessment, and 

Environmental Assessment for 

Determination of Nonregulated Status 

of Soybean Genetically Engineered To 

Produce Stearidonic Acid 

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 the Monsanto Company 

seeking a determination of nonregulated 

status of soybean designated as MON 

87769, which has been genetically 

engineered to produce stearidonic acid, 

an omega-3 fatty acid not found in 

conventional soybean. 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 

Monsanto 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 February 

27, 2012. 

ADDRESSES: You may submit comments 

by either of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov/ 

#!documentDetail;D=APHIS-2011-0095- 

0001. 

• Postal Mail/Commercial Delivery: 

Send your comment to Docket No. 

APHIS–2011–0095, 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-2011-0095 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) 690–2817 

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_18301p.pdf, http:// 

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

09_18301p _dea.pdf, and http:// 

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

09_18301p _dpra.pdf. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Evan Chestnut, Policy Analyst, 

Biotechnology Regulatory Services, 

APHIS, 4700 River Road Unit 147, 

Riverdale, MD 20737–1236; (301) 734– 

0942, email: 

evan.a.chestnut@aphis.usda.gov. To 

obtain copies of the petition, draft 

environmental assessment, or plant pest 

risk assessment, contact Ms. Cindy Eck 

at (301) 734–0667, 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 09–183–01p) from the 

Monsanto Company (Monsanto) of St. 

Louis, MO, seeking a determination of 

nonregulated status of soybean (Glycine 

max) designated as event MON 87769, 

which has been genetically engineered 

to produce stearidonic acid, an omega3 fatty acid not found in conventional 

soybean, stating that this soybean 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, soybean 

event MON 87769 has been genetically 

engineered to express high levels of the 

fatty acid stearidonic acid and smaller 

amounts of three other fatty acids, as 

well as for reduced expression of 

linoleic acid. Soybean event MON 

87769 is currently regulated under 7 

CFR part 340. Interstate movements and 

field tests of soybean event MON 87769 

have been conducted under permits 

issued or 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 


sroberts on DSK5SPTVN1PROD with NOTICES
80872 Federal Register / Vol. 76, No. 248 / Tuesday, December 27, 2011 / Notices 

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 

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 to determine 

if soybean event MON 87769 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 

Monsanto, 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 soybean event MON 

87769 and it would continue to be a 

regulated article, or (2) make a 

determination of nonregulated status of 

soybean event MON 87769. 

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 soybean event 

MON 87769. 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). 

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 

plant pest risk assessment and the draft 

EA prepared to examine any potential 

environmental impacts of the proposed 

determination for the deregulation of 

the subject soybean line. The petition, 

draft EA, and plant pest risk assessment 

are available for public review, and 

copies of the petition, draft EA, and 

plant pest risk assessment 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 plant pest risk 

assessment will be available for public 

review. After reviewing and evaluating 

the comments on the petition, the draft 

EA, plant pest risk assessment, 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 soybean event MON 

87769 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 19th day of 

December 2011. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2011–33002 Filed 12–22–11; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

[Docket No. APHIS–2010–0103] 

Dow AgroScience LLC; Availability of 

Petition, Plant Pest Risk Assessment, 

and Environmental Assessment for 

Determination of Nonregulated Status 

of Corn 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 AgroScience LLC 

seeking a determination of nonregulated 

status of corn designated as DAS– 

40278–9, which has been genetically 

engineered for increased resistance to 

broadleaf herbicides in the phenoxy 

auxin group (such as the herbicide 2,4- 

D) and resistance to grass herbicides in 

the aryloxyphenoxypropionate acetyl 

coenzyme A carboxylase inhibitor group 

(such as quizalofop herbicides). 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 Dow AgroScience 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 February 

27, 2012. 

ADDRESSES: You may submit comments 

by either of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov/ 

#!documentDetail;D=APHIS–2010– 

0103–0001. 

• Postal Mail/Commercial Delivery: 

Send your comment to Docket No. 

APHIS–2010–0103, 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–2010–0103 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) 690–2817 

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_23301p.pdf, http:// 

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

09_23301p _dea.pdf, and http:// 

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

09_23301p _dpra.pdf. 

FOR FURTHER INFORMATION CONTACT: Mr. 

Evan Chestnut, Policy Analyst, 

Biotechnology Regulatory Services, 

APHIS, 4700 River Road Unit 147, 

Riverdale, MD 20737–1236; (301) 734– 

0942, email: 

evan.a.chestnut@aphis.usda.gov. To 

obtain copies of the petition, draft 

environmental assessment, or plant pest 

risk assessment, contact Ms. Cindy Eck 

at (301) 734–0667, email: 

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

SUPPLEMENTARY INFORMATION: 

Background 

Under the authority of the plant pest 

provisions of the Plant Protection Act (7 


sroberts on DSK5SPTVN1PROD with NOTICES