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

11750 

Vol. 79, No. 41 

Monday, March 3, 2014 

1On 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 GE 

organisms. To view the notice, go to http://www.

regulations.gov/#!docketDetail;D=APHIS-2011- 

0129. 

2To view the notice, the petition, and the 

comments we received, go to http://www.

regulations.gov/#!docketDetail;D=APHIS-2012- 

0110. 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

[Docket No. APHIS–2012–0110] 

Dow AgroSciences LLC; Availability of 

Plant Pest Risk Assessment, 

Environmental Assessment, 

Preliminary Finding of No Significant 

Impact, and Preliminary Determination 

of Nonregulated Status of Soybean 

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 prepared a 

preliminary determination regarding a 

request from Dow AgroSciences LLC 

seeking a determination of nonregulated 

status of soybean designated as event 

DAS–81419–2, which has been 

genetically engineered for resistance to 

certain lepidopteran pests. We are also 

making available for public review our 

plant pest risk assessment, 

environmental assessment, and 

preliminary finding of no significant 

impact for the preliminary 

determination of nonregulated status. 

DATES: We will consider any 

information that we receive on or before 

April 2, 2014. 

ADDRESSES: You may submit any 

information by either of the following 

methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov/#!docket

Detail;D=APHIS-2012-0110. 

• Postal Mail/Commercial Delivery: 

Send your information to Docket No. 

APHIS–2012–0110, Regulatory Analysis 

and Development, PPD, APHIS, Station 

3A–03.8, 4700 River Road Unit 118, 

Riverdale, MD 20737–1238. 

Supporting documents for this 

petition and any other information we 

receive on this docket may be viewed at 

http://www.regulations.gov/#!docket

Detail;D=APHIS-2012-0110 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. 

Supporting documents for this 

petition are also available on the APHIS 

Web site at http://www.aphis.usda.gov/ 

biotechnology/petitions_table_

pending.shtml under APHIS Petition 

Number 12–272–01p. 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, 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 (GE) 

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. 

APHIS received a petition (APHIS 

Petition Number 12–272–01p) from Dow 

AgroSciences LLC (DAS) of 

Indianapolis, IN, seeking a 

determination of nonregulated status of 

soybean (Glycine max) designated as 

event DAS–81419–2, which has been 

genetically engineered for resistance to 

certain lepidopteran pests. Soybean 

event DAS–81419–2 is also resistant to 

the herbicide glufosinate, which was 

used as a selectable marker during the 

development of the soybean. The 

petition states 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. 

According to our process 1 for 

soliciting public comment when 

considering petitions for determinations 

of nonregulated status of GE organisms, 

APHIS accepts written comments 

regarding a petition once APHIS deems 

it complete. In a notice 2 published in 

the Federal Register on February 27, 

2013 (78 FR 13307–13308, Docket No. 

APHIS–2012–0110), APHIS announced 

the availability of the DAS petition for 

public comment. APHIS solicited 

comments on the petition for 60 days 

ending on April 29, 2013, in order to 

help identify potential environmental 

and interrelated economic issues and 

impacts that APHIS may determine 

should be considered in our evaluation 

of the petition. 

APHIS received five comments on the 

petition; one of these comments 

included electronic attachments 

consisting of a consolidated document 

of many identical or nearly identical 

letters, for a total of 562 comments. 

Issues raised during the comment 

period include the effects of herbicide 

use, such as the development of 

herbicide-resistant weeds and effects on 

non-target organisms; gene flow; effects 

on organic soybean production; trade 

concerns; and health concerns. APHIS 

has evaluated the issues raised during 

the comment period and, where 

appropriate, has provided a discussion 

of these issues in our environmental 

assessment (EA). 

After public comments are received 

on a completed petition, APHIS 

evaluates those comments and then 

provides a second opportunity for 

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Federal Register / Vol. 79, No. 41 / Monday, March 3, 2014 / Notices 11751 

public involvement in our 

decisionmaking process. According to 

our public review process (see footnote 

1), the second opportunity for public 

involvement follows one of two 

approaches, as described below. 

If APHIS decides, based on its review 

of the petition and its evaluation and 

analysis of comments received during 

the 60-day public comment period on 

the petition, that the petition involves a 

GE organism that raises no substantive 

new issues, APHIS will follow 

Approach 1 for public involvement. 

Under Approach 1, APHIS announces in 

the Federal Register the availability of 

APHIS’ preliminary regulatory 

determination along with its EA, 

preliminary finding of no significant 

impact (FONSI), and its plant pest risk 

assessment (PPRA) for a 30-day public 

review period. APHIS will evaluate any 

information received related to the 

petition and its supporting documents 

during the 30-day public review period. 

For this petition, we are using Approach 

1. 

If APHIS decides, based on its review 

of the petition and its evaluation and 

analysis of comments received during 

the 60-day public comment period on 

the petition, that the petition involves a 

GE organism that raises substantive new 

issues, APHIS will follow Approach 2. 

Under Approach 2, APHIS first solicits 

written comments from the public on a 

draft EA and PPRA for a 30-day 

comment period through the 

publication of a Federal Register notice. 

Then, after reviewing and evaluating the 

comments on the draft EA and PPRA 

and other information, APHIS will 

revise the PPRA as necessary and 

prepare a final EA and, based on the 

final EA, a National Environmental 

Policy Act (NEPA) decision document 

(either a FONSI or a notice of intent to 

prepare an environmental impact 

statement). 

As part of our decisionmaking process 

regarding a GE organism’s regulatory 

status, APHIS prepares a PPRA to assess 

the plant pest risk of the article. APHIS 

also prepares the appropriate 

environmental documentation—either 

an EA or an environmental impact 

statement—in accordance with NEPA, 

to provide the Agency and the public 

with a review and analysis of any 

potential environmental impacts that 

may result if the petition request is 

approved. 

APHIS has prepared a PPRA and has 

concluded that soybean event DAS– 

81419–2 is unlikely to pose 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 an EA in which 

we present two alternatives based on 

our analysis of data submitted by DAS, 

a review of other scientific data, field 

tests conducted under APHIS oversight, 

and comments received on the petition. 

APHIS is considering the following 

alternatives: (1) Take no action, i.e., 

APHIS would not change the regulatory 

status of soybean event DAS–81419–2 

and it would continue to be a regulated 

article, or (2) make a determination of 

nonregulated status of soybean event 

DAS–81419–2. 

The EA was prepared in accordance 

with (1) 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 and other 

pertinent scientific data, APHIS has 

reached a preliminary FONSI with 

regard to the preferred alternative 

identified in the EA. 

Based on APHIS’ analysis of field and 

laboratory data submitted by DAS, 

references provided in the petition, 

peer-reviewed publications, information 

analyzed in the EA, the PPRA, 

comments provided by the public on the 

petition, and discussion of issues in the 

EA, APHIS has determined that soybean 

event DAS–81419–2 is unlikely to pose 

a plant pest risk. We have therefore 

reached a preliminary decision to make 

a determination of nonregulated status 

of soybean event DAS–81419–2, 

whereby soybean event DAS–81419–2 

would no longer be subject to our 

regulations governing the introduction 

of certain GE organisms. 

We are making available for a 30-day 

review period APHIS’ preliminary 

regulatory determination of soybean 

event DAS–81419–2, along with our 

PPRA, EA, and preliminary FONSI for 

the preliminary determination of 

nonregulated status. The EA, 

preliminary FONSI, PPRA, and our 

preliminary determination for soybean 

event DAS–81419–2, as well as the DAS 

petition and the comments received on 

the petition, are available as indicated 

under ADDRESSES and FOR FURTHER

INFORMATION CONTACT above. Copies of 

these documents may also be obtained 

from the person listed under FOR

FURTHER INFORMATION CONTACT. 

After the 30-day review period closes, 

APHIS will review and evaluate any 

information received during the 30-day 

review period. If, after evaluating the 

information received, APHIS determines 

that we have not received substantive 

new information that would warrant 

APHIS altering our preliminary 

regulatory determination or FONSI, 

substantially changing the proposed 

action identified in the EA, or 

substantially changing the analysis of 

impacts in the EA, APHIS will notify 

the public through an announcement on 

our Web site of our final regulatory 

determination. If, however, APHIS 

determines that we have received 

substantive new information that would 

warrant APHIS altering our preliminary 

regulatory determination or FONSI, 

substantially changing the proposed 

action identified in the EA, or 

substantially changing the analysis of 

impacts in the EA, then APHIS will 

notify the public of our intent to 

conduct additional analysis and to 

prepare an amended EA, a new FONSI, 

and/or a revised PPRA, which would be 

made available for public review 

through the publication of a notice of 

availability in the Federal Register. 

APHIS will also notify the petitioner. 

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 

February 2014. 

Michael C. Gregoire, 

Associate Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. 2014–04756 Filed 2–28–14; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Forest Service 

Black Hills National Forest Advisory 

Board 

AGENCY: Forest Service, USDA. 

ACTION: Notice of meeting. 

SUMMARY: The Black Hills National 

Forest Advisory Board (Board) will meet 

in Rapid City, South Dakota. The Board 

is established consistent with the 

Federal Advisory Committee Act of 

1972 (5 U.S.C. App. II), the Forest and 

Rangeland Renewable Resources 

Planning Act of 1974 (16 U.S.C. 1600 

et.seq.), the National Forest 

Management Act of 1976 (16 U.S.C. 

1612), and the Federal Public Lands 

Recreation Enhancement Act (Pub. L. 

108–447). The meeting is open to the 

public. The purpose of the meeting is to 

provide: 

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