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

15095 

Vol. 79, No. 52 

Tuesday, March 18, 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=APHIS2011-0129. 

2To view the notice, the petition, the comments 

we received, and other supporting documents, go to 

http://www.regulations.gov/ 

#!docketDetail;D=APHIS-2012-0028. 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

[Docket No. APHIS–2012–0028] 

BASF Plant Sciences, LP; 

Determination of Nonregulated Status 

of Soybean Genetically Engineered for 

Resistance to the Herbicide 

Imidazolinone 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Notice. 

SUMMARY: We are advising the public of 

our determination that a soybean event 

developed by BASF Plant Sciences, LP 

designated as BPS–CV127–9, which has 

been genetically engineered for 

resistance to treatment with 

imidazolinone herbicides, is no longer 

considered a regulated article under our 

regulations governing the introduction 

of certain genetically engineered 

organisms. Our determination is based 

on our evaluation of data submitted by 

BASF Plant Sciences, LP in its petition 

for a determination of nonregulated 

status, our analysis of available 

scientific data, and comments received 

from the public in response to our 

previous notices announcing the 

availability of the petition for 

nonregulated status and its 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: Effective Date: March 18, 2014. 

ADDRESSES: You may read the 

documents referenced in this notice and 

the comments we received at http:// 

www.regulations.gov/ 

#!docketDetail;D=APHIS-2012-0028 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. 

Supporting documents are also 

available on the APHIS Web site at 

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

biotechnology/ 

petitions_table_pending.shtml under 

APHIS Petition Number 09–015–01p. 

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 supporting documents for 

this petition, contact Ms. Cindy Eck at 

(301) 851–3892, email: 

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

SUPPLEMENTARY INFORMATION: 

Background 

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. 

APHIS received a petition (APHIS 

Petition Number 09–015–01p) from 

BASF Plant Sciences, LP (BASF) of 

Research Triangle Park, NC, seeking a 

determination of nonregulated status of 

soybean (Glycine max) designated as 

BPS–CV127–9 (CV127), which has been 

genetically engineered for resistance to 

the herbicide imidazolinone. 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 genetically 

engineered (GE) organisms, APHIS 

accepts written comments regarding a 

petition once APHIS deems it complete. 

In a notice 2 published in the Federal 

Register on July 13, 2012, (77 FR 41363– 

41364, Docket No. APHIS–2012–0028), 

APHIS announced the availability of the 

BASF petition for public comment. 

APHIS solicited comments on the 

petition for 60 days ending on 

September 11, 2012, 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 75 comments on the 

petition. Several of these comments 

included electronic attachments 

consisting of a consolidated document 

of many identical or nearly identical 

letters, for a total of 4,676 comments. 

APHIS decided, 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. According to our public review 

process for such petitions (see footnote 

1), APHIS first solicits written 

comments from the public on a draft 

environmental assessment (EA) and 

plant pest risk assessment (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 revises 

the PPRA as necessary and prepares a 

final EA and, based on the final EA, a 

National Environmental Policy Act 

(NEPA) decision document (either a 

finding of no significant impact (FONSI) 

or a notice of intent to prepare an 

environmental impact statement). If a 

FONSI is reached, APHIS furnishes a 


emcdonald on DSK67QTVN1PROD with NOTICES
15096 Federal Register / Vol. 79, No. 52 / Tuesday, March 18, 2014 / Notices 

response to the petitioner, either 

approving or denying the petition. 

APHIS also publishes a notice in the 

Federal Register announcing the 

regulatory status of the GE organism and 

the availability of APHIS’ final EA, 

PPRA, FONSI, and our regulatory 

determination. 

In a notice (see footnote 2) published 

in the Federal Register on November 7, 

2013, (78 FR 66892–66893, Docket No. 

APHIS–2012–0028), APHIS announced 

the availability of a PPRA and a draft EA 

for public comment. APHIS solicited 

comments on the draft EA, the PPRA, 

and whether the subject soybeans are 

likely to pose a plant pest risk for 30 

days ending on December 9, 2013. 

APHIS received 10 comments during 

the comment period. All comments 

submitted to the docket were carefully 

analyzed by APHIS. A number of these 

comments were generally opposed to GE 

organisms or the use of herbicideresistant crops. Others had concerns 

about potential impacts associated with 

the herbicides used on GE crops. In 

general, commenters expressed their 

opposition to our determination of 

nonregulatory status but did not identify 

elements in the PPRA or EA that they 

perceived to be inadequate or provide 

any specific supporting evidence for 

their opposition. APHIS has addressed 

the issues raised during the comment 

period and has provided responses to 

these comments as an attachment to the 

FONSI. 

National Environmental Policy Act 

After reviewing and evaluating the 

comments received during the comment 

period on the draft EA and PPRA and 

other information, APHIS has prepared 

a final EA. The EA has been prepared 

to provide the public with 

documentation of APHIS’ review and 

analysis of any potential environmental 

impacts associated with the 

determination of nonregulated status of 

BASF’s CV127 soybean. 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, the response to 

public comments, and other pertinent 

scientific data, APHIS has reached a 

FONSI with regard to the preferred 

alternative identified in the EA (to make 

a determination of nonregulated status 

of BASF’s CV127 soybean). 

Determination 

Based on APHIS’ analysis of field and 

laboratory data submitted by BASF, 

references provided in the petition, 

peer-reviewed publications, information 

analyzed in the EA, the PPRA, 

comments provided by the public, and 

information provided in APHIS’ 

response to those public comments, 

APHIS has determined that BASF’s 

CV127 soybean is unlikely to pose a 

plant pest risk and therefore is no longer 

subject to our regulations governing the 

introduction of certain GE organisms. 

Copies of the signed determination 

document, PPRA, final EA, FONSI, and 

response to comments, as well as the 

previously published petition and 

supporting documents, are available as 

indicated in the ADDRESSES and FOR

FURTHER INFORMATION CONTACT sections 

of 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 12th day of 

March 2014. 

Kevin Shea, 

Administrator, Animal and Plant Health 

Inspection Service. 

[FR Doc. 2014–06016 Filed 3–17–14; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

[Docket No. APHIS–2013–0113] 

Dow AgroSciences LLC; Availability of 

Petition for Determination of 

Nonregulated Status of Cotton 

Genetically Engineered for Resistance 

to 2,4–D and Glufosinate 

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 

(DAS) seeking a determination of 

nonregulated status of cotton designated 

as DAS–8191;-7, which has been 

genetically engineered for resistance to 

the herbicides 2,4–D and glufosinate. 

The petition has been submitted in 

accordance with our regulations 

concerning the introduction of certain 

genetically engineered organisms and 

products. We are making the DAS 

petition available for review and 

comment to help us identify potential 

environmental and interrelated 

economic issues and impacts that the 

Animal and Plant Health Inspection 

Service may determine should be 

considered in our evaluation of the 

petition. 

DATES: We will consider all comments 

that we receive on or before May 19, 

2014. 

ADDRESSES: You may submit comments 

by either of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov/

#!documentDetail;D=APHIS-2013-0113- 

0001. 

• Postal Mail/Commercial Delivery: 

Send your comment to Docket No. 

APHIS–2013–0113, 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-2013-0113 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 is also available on the 

APHIS Web site at: http://

www.aphis.usda.gov/biotechnology/

petitions_table_pending.shtml under 

APHIS petition number 13–262–01p. 

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: 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.’’ 


emcdonald on DSK67QTVN1PROD with NOTICES