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

fruit fly ( Anastrepha fraterculus ). As a result of these comments, APHIS contacted the Argentine NPPO, whichrequested 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 engineeredto 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


### 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