### 37771 Federal Register / Vol. 76, No. 124 / Tuesday, June 28, 2011 / Notices

common soil bacterium Bacillus thuringiensis. The petitioner states that the Cry1Ac protein is effective in providing protection from the feeding of lepidopteran insect pests such as soybean looper, corn earworm/ bollworm, fall armyworm, green cloverworm, velvetbean caterpillar, lesser cornstalk borer, beet armyworm, and yellow stripe armyworm. Soybean event MON 87701 is currently regulated under 7 CFR part 340. Interstate movements and field tests of soybean
event MON 87701 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 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 87701 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
87701 and it would continue to be a regulated article, or (2) make a determination of nonregulated status for soybean event MON 8770.

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 for soybean event MON 87701. 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 of the nonregulated status for the deregulation of the subject soybean line, and the plant pest risk assessment. 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 87701 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 22nd day of
June 2011.
John R. Clifford,
Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 2011–16124 Filed 6–27–11; 8:45 am]

**BILLING CODE 3410–34–P DEPARTMENT OF AGRICULTURE** 

**Animal and Plant Health Inspection**
**Service**

**[Docket No. APHIS–2011–0046]**

**Monsanto Co.; Availability of Petition, Plant Pest Risk Assessment, and** 
**Environmental Assessment for Determination of Nonregulated Status**  **for Soybean Genetically Engineered To Have a Modified Fatty Acid Profile and** 
**for Tolerance to the Herbicide Glyphosate** 

**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 for soybean designated as MON 87705, which has been genetically engineered to have a modified fatty acid profile and for tolerance to the herbicide glyphosate. 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 August 29,

2011.

**ADDRESSES :**  You may submit comments by either of the following methods:

• Federal eRulemaking Portal: Go to http://www.regulations.gov/ #!documentDetail;D=APHIS–2011–

0046–0001.

• Postal Mail/Commercial Delivery: Send your comment to Docket No. APHIS–2011–0046, 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–2011–0046 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


### 37772 Federal Register / Vol. 76, No. 124 / Tuesday, June 28, 2011 / Notices

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

_ 20101p.pdf, http://www.aphis.usda.gov/brs/

aphisdocs/09

_ 20101p

_ dea.pdf, and http://www.aphis.usda.gov/brs/

aphisdocs/09

_ 20101p

_ 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, e-mail: 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, e-mail: 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 09–201–01p) from the Monsanto Company (Monsanto) of St. Louis, MO, seeking a determination of nonregulated status for soybean ( Glycine

max) designated as event MON 87705, which has been genetically engineered to have a modified fatty acid profile and
for tolerance to the herbicide glyphosate, 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 87705 has been genetically engineered to suppress endogenous delta-12 desaturase ( FAD2 ) and AcylACP thioesterase ( FATB ) genes which encode two enzymes in the soybean fatty acid biosynthetic pathway in order to produce soybean seeds with decreased levels of saturated (palmitic and stearic) and polyunsaturated (linoleic) fatty acids and increased levels of monounsaturated (oleic) fatty acid. Soybean event MON 87705 have also been genetically engineered to express a 5-enolpyruvylshikimate-3- phosphate synthase protein from Agrobacterium sp. strain CP4 (CP4 EPSPS), which confers tolerance to the herbicide glyphosate. Soybean event MON 87705 is currently regulated under 7 CFR part 340. Interstate movements and field tests of soybean event MON
87705 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 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 87705 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
87705 and it would continue to be a regulated article, or (2) make a determination of nonregulated status for soybean event MON 87705.

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 for soybean event MON 87705. 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 87705 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 22nd day of
June 2011.
John R. Clifford,
Acting Administrator, Animal and Plant Health Inspection Service.

[FR Doc. 2011–16123 Filed 6–27–11; 8:45 am]

**BILLING CODE 3410–34–P**