This section of the FEDERAL REGISTER

contains documents other than rules or

proposed rules that are applicable to the

public. Notices of hearings and investigations,

committee meetings, agency decisions and

rulings, delegations of authority, filing of

petitions and applications and agency

statements of organization and functions are

examples of documents appearing in this

section.

Notices Federal Register

83896 

Vol. 88, No. 230 

Friday, December 1, 2023 

1To view the final rule, go to 

www.regulations.gov and enter APHIS–2018–0034 

in the Search field. 

2On 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 organisms 

developed using genetic engineering. To view the 

notice, go to www.regulations.gov and enter APHIS– 

2011–0129 in the Search field. 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

[Docket No. APHIS–2020–0098] 

Pioneer Hi-Bred International, Inc.; 

Determination of Nonregulated Status 

for Insect Resistant and HerbicideTolerant Maize 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Notice. 

SUMMARY: We are advising the public of 

our determination that DP23211 maize 

(corn), which has been developed using 

genetic engineering for insect resistance 

to western corn rootworm and contains 

the gene that codes for the 

phosphinothricin acetyltransferase 

protein responsible for tolerance to 

glufosinate-ammonium herbicides, and 

also the gene that encodes for the 

phosphomannose isomerase protein as a 

selectable marker, is no longer 

considered regulated. Our 

determination is based on our 

evaluation of information Pioneer HiBred International, Inc. submitted in its 

petition for a determination of 

nonregulated status, our analyses, and 

public comments received in response 

to previous notices announcing the 

availability of the petition for 

nonregulated status and our associated 

environmental assessment and plant 

pest risk assessment. This notice also 

announces the availability of our 

written determination and finding of no 

significant impact. 

DATES: This change in regulatory status 

will be recognized on December 1, 2023. 

ADDRESSES: You may read the 

documents referenced in this notice and 

the comments we received at 

regulations.gov, or in our reading room 

which is located in room 1620 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 are also 

available on the APHIS website at 

https://www.aphis.usda.gov/aphis/ 

ourfocus/biotechnology/regulatoryprocesses/petitions/petition-status/ 

petitions-table. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Alan Pearson, Biotechnology Regulatory 

Services, APHIS, USDA, 4700 River 

Road, Unit 147, Riverdale, MD 20737– 

1236; (301) 851–3944; email: 

alan.pearson@usda.gov. 

SUPPLEMENTARY INFORMATION: Under the 

authority of the plant pest provisions of 

the Plant Protection Act (PPA) (7 U.S.C. 

7701 et seq.), the regulations in 7 CFR 

part 340, ‘‘Movement of Organisms 

Modified or Produced Through Genetic 

Engineering,’’ regulate, among other 

things, the importation, interstate 

movement, or release into the 

environment of organisms modified or 

produced through genetic engineering 

that are plant pests or pose a plausible 

plant pest risk. 

The petition for nonregulated status 

described in this notice was evaluated 

under the version of the regulations 

effective at the time that it was received. 

The Animal and Plant Health Inspection 

Service (APHIS) issued a final rule, 

published in the Federal Register on 

May 18, 2020 (85 FR 29790–29838, 

Docket No. APHIS–2018–0034),1

revising 7 CFR part 340; however, the 

final rule was implemented in phases. 

The new Regulatory Status Review 

(RSR) process, which replaces the 

petition for determination of 

nonregulated status process, became 

effective on April 5, 2021, for corn, 

soybean, cotton, potato, tomato, and 

alfalfa. The RSR process became 

effective for all crops as of October 1, 

2021. However, ‘‘[u]ntil RSR is available 

for a particular crop . . . APHIS will 

continue to receive petitions for 

determination of nonregulated status for 

the crop in accordance with the [legacy] 

regulations at 7 CFR 340.6.’’ (85 FR 

29815). This petition for a 

determination of nonregulated status 

was evaluated in accordance with the 

regulations at 7 CFR 340.6 (2020) as it 

was received by APHIS on July 21, 

2020. 

Pioneer Hi-Bred International 

(Pioneer) submitted a petition (APHIS 

Petition Number 20–203–01p) to APHIS, 

seeking a determination of nonregulated 

status for DP23211 maize (corn), which 

was developed using genetic 

engineering for insect resistance to 

western corn rootworm and contains the 

gene that codes for the phosphinothricin 

acetyltransferase protein responsible for 

tolerance to glufosinate-ammonium 

herbicides. DP23211 corn also contains 

the gene that encodes for the 

phosphomannose isomerase protein, 

which is used as a selectable marker. 

The petition stated that DP23211 corn is 

unlikely to pose a plant pest risk and, 

therefore, should not be regulated under 

APHIS’ regulations in 7 CFR part 340. 

According to our process 2 for 

soliciting public comment when 

considering petitions for determination 

of nonregulated status for organisms 

developed using genetic engineering, 

APHIS accepts written comments 

regarding a petition once APHIS deems 

it complete. On November 3, 2020, 

APHIS published a notice in the Federal 

Register (85 FR 69564–69566, Docket 

No. APHIS–2020–0098) announcing the 

availability of the Pioneer petition for 

public comment. Four comments were 

received. One comment was from an 

individual, which stated opposition to 

biotechnology-derived crops in general. 

Three comments were received from 

industry organizations, which generally 

supported approval of the petition. 

APHIS evaluated the issues raised 

during the initial comment period and, 

where appropriate, incorporated a 

discussion of them within a draft 

environmental assessment (EA). 

A second opportunity for public 

involvement was provided on April 11, 

2023, with a notice published in the 

Federal Register (88 FR 21602–21603, 

Docket No. APHIS–2020–0098) 

announcing the availability of the draft 

EA and draft plant pest risk assessment 

(PPRA) for public review and comment. 

That comment period closed on May 11, 


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Federal Register / Vol. 88, No. 230 / Friday, December 1, 2023 / Notices 83897 

2023. APHIS received three comments. 

One commenter expressed concern that 

the DvSSJ1 dsRNA insect resistant trait 

in DP23211 corn is associated with an 

animal and thus presents cultural/ 

dietary concerns for plant-based diet 

adherents who may inadvertently 

consume DP23211 corn, and thereby 

DvSSJ1 dsRNA. We responded that the 

potential risk of exposure to insect 

DNA/RNA via inadvertent consumption 

of DP23211 corn products is not 

expected to appreciably increase in the 

event of deregulation and subsequent 

production of DP23211 corn, and that 

DvSSJ1 dsRNA poses no health risk to 

humans. Another commenter expressed 

opposition to biotechnology-derived 

crops, in general. A comment from a 

State organization representing farmers 

expressed support for the deregulation 

of DP23211 corn. APHIS provided a 

response to the comments in Appendix 

2 of our final EA. None of the comments 

identified new information or data 

regarding the draft EA or draft PPRA. 

National Environmental Policy Act 

After reviewing and evaluating the 

comments received during the comment 

period on the draft EA, draft PPRA, and 

other information, APHIS has prepared 

a final EA, which provides the public 

with documentation of APHIS’ review 

and analysis of any potential 

environmental impacts associated with 

the determination of nonregulated status 

of DP23211 corn. The EA was prepared 

in accordance with: (1) the National 

Environmental Policy Act (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 EA, public 

comments, and other pertinent scientific 

data, APHIS has reached a finding of no 

significant impact (FONSI) with regard 

to the preferred alternative identified in 

the EA (to make a determination of 

nonregulated status for DP23211 corn). 

Determination 

Based on APHIS’ analysis of field and 

laboratory data submitted by Pioneer, 

references provided in the petition, 

peer-reviewed publications, information 

analyzed in the EA, the PPRA, the 

public comments, and information 

provided in APHIS’ response to those 

public comments, APHIS has 

determined that DP23211 corn is 

unlikely to pose a plant pest risk and 

therefore is no longer subject to our 

regulations governing the movement of 

organisms developed using genetic 

engineering. 

Copies of the signed determination 

document, PPRA, final EA, and FONSI, 

as well as the previously published 

petition and supporting documents, are 

available as indicated under ADDRESSES

and from the person listed under the 

FOR FURTHER INFORMATION CONTACT

section in this notice. 

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 27th day of 

November 2023. 

Michael Watson, 

Administrator, Animal and Plant Health 

Inspection Service. 

[FR Doc. 2023–26458 Filed 11–30–23; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Forest Service 

Proposed New Recreation Fee Sites 

AGENCY: Forest Service, Agriculture 

(USDA). 

ACTION: Notice. 

SUMMARY: The Lassen National Forest is 

proposing to establish several new 

recreation fee sites. Recreation fee 

revenues collected at the new recreation 

fee sites would be used for operation, 

maintenance, and improvement of the 

sites. An analysis of nearby recreation 

fee sites with similar amenities shows 

the recreation fees that would be 

charged at the new recreation fee sites 

are reasonable and typical of similar 

recreation fee sites in the area. 

DATES: If approved, the new recreation 

fees would be implemented no earlier 

than six months following the 

publication of this notice in the Federal 

Register. 

ADDRESSES: Lassen National Forest, 

2550 Riverside Drive, Susanville, CA 

96130. 

FOR FURTHER INFORMATION CONTACT: 

Janie Ackley, Recreation Fee 

Coordinator, 530–258–5165 or 

mary.ackley@usda.gov. 

SUPPLEMENTARY INFORMATION: The 

Federal Lands Recreation Enhancement 

Act (16 U.S.C. 6803(b)) requires the 

Forest Service to publish a six-month 

advance notice in the Federal Register 

of establishment of new recreation fee 

sites. In accordance with Forest Service 

Handbook 2309.13, chapter 30, the 

Forest Service will publish the proposed 

new recreation fee sites in local 

newspapers and other local publications 

for public comment. Most of the new 

recreation fee revenues would be spent 

where they are collected to enhance the 

visitor experience at the new recreation 

fee sites. 

An expanded amenity recreation fee 

of $12 per night would be charged for 

the Black Rock, Butte, Echo Lake, 

Goumaz, and Roxie Peconom 

Campgrounds. An expanded amenity 

recreation fee of $18 per night would be 

charged for the Bogard Campground. 

Expenditures from recreation fee 

revenues collected at the new recreation 

fee sites would enhance recreation 

opportunities, improve customer 

service, and address maintenance needs. 

Once public involvement is complete, 

the new recreation fees will be reviewed 

by a Resource Advisory Committee prior 

to a final decision and implementation. 

Reservations for Black Rock, Butte, Echo 

Lake, Goumaz, and Roxie Peconom, and 

Bogard Campgrounds could be made 

online at www.recreation.gov or by 

calling 877–444–6777. Reservations 

would cost $8.00 per reservation. 

Dated: November 28, 2023. 

Troy Heithecker, 

Associate Deputy Chief, National Forest 

System. 

[FR Doc. 2023–26442 Filed 11–30–23; 8:45 am] 

BILLING CODE 3411–15–P 

DEPARTMENT OF AGRICULTURE 

Forest Service 

Forest Service Manual 2000 National 

Forest Resource Management; Chapter 

2040 National Forest System 

Monitoring 

AGENCY: Forest Service, Agriculture 

(USDA). 

ACTION: Notice of availability for public 

comment; extension of comment period. 

SUMMARY: The Forest Service (Forest 

Service or Agency) published a notice in 

the Federal Register on November 28, 

2023, initiating a 30-day comment 

period on the proposed directive 

contained in Forest Service manual 

2000, National Forest Resource 

Management, chapter 2040, National 

Forest System Monitoring. The closing 

date of the original notice is scheduled 

for December 27, 2023. The Forest 

Service is extending the comment 

period for an additional 15 days from 

the previous closing date. 

DATES: Comments must be received in 

writing by January 11, 2024. 

ADDRESSES: Comments may be 

submitted electronically to https://

cara.fs2c.usda.gov/Public/Comment

Input?project=ORMS-3585. Written 

comments may be mailed to Mara 


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