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

14440 

Vol. 87, No. 50 

Tuesday, March 15, 2022 

1To view the final rule, go to 

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

in the Search field. 

2To view the petition, go to https://www.aphis.

usda.gov/aphis/ourfocus/biotechnology/permitsnotifications-petitions/petitions/petition-status. 

3On March 6, 2012, we published in the Federal 

Register (77 FR 13258–13260, Docket No. APHIS– 

2011–0129) a notice describing our 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 

http://www.regulations.gov and enter APHIS–2011– 

0129 in the Search field. 

4To view the notice, petition, supporting 

documents, and the comments that we received, go 

to www.regulations.gov and enter APHIS–2020– 

0023 in the Search field. 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

[Docket No. APHIS–2020–0023] 

BASF Corporation; Determination of 

Nonregulated Status of Plant-Parasitic, 

Nematode-Protected and HerbicideTolerant Soybean 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Notice. 

SUMMARY: We are advising the public of 

our determination that soybean 

designated as event GMB151, which has 

been developed using genetic 

engineering for resistance to the plantparasitic nematode, soybean cyst 

nematode (Heterodera glycines), and for 

tolerance to 4-hydroxyphenylpyruvate 

dioxygenase (HPPD–4) inhibitor 

herbicides, is no longer considered 

regulated. Our determination is based 

on our evaluation of data submitted by 

BASF Corporation in its petition for a 

determination of nonregulated status, 

our analysis of available scientific data, 

and public comments received in 

response to our previous notices 

announcing the availability of the 

petition for nonregulated status and its 

associated draft environmental 

assessment and draft plant pest risk 

assessment. This notice also announces 

the availability of our final 

environmental assessment, final plant 

pest risk assessment, written 

determination, and finding of no 

significant impact. 

DATES: This change in regulatory status 

was recognized on March 9, 2022. 

ADDRESSES: You may read the 

documents referenced in this notice and 

the comments we received at 

www.regulations.gov and entering 

APHIS–2020–0023 in the Search field. 

You can also view them 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/permitsnotifications-petitions/petitions/ 

petition-status under APHIS Petition 

19–317–01p. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Cindy Eck, Biotechnology Regulatory 

Services, APHIS, 4700 River Road, Unit 

147, Riverdale, MD 20737–1238; (301) 

851–3892, email: cynthia.a.eck@

usda.gov. To obtain copies of the 

supporting documents for this petition, 

contact Ms. Cindy Eck at (301) 851– 

3892, email: cynthia.a.eck@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 has been 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 is 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 is 

being evaluated in accordance with the 

regulations at 7 CFR 340.6 (2020) as it 

was received by APHIS on January 28, 

2020. 

The petition (APHIS Petition Number 

19–317–01p) 2 from BASF Corporation, 

of Research Triangle Park, NC (BASF), 

seeks a determination of nonregulated 

status of soybean (Glycine max) 

designated as event GMB151, which has 

been developed using genetic 

engineering for resistance to the plantparasitic nematode, soybean cyst 

nematode (Heterodera glycines), and for 

tolerance to 4-hydroxyphenylpyruvate 

dioxygenase (HPPD–4) inhibitor 

herbicides. The BASF petition states 

that information collected during field 

trials and laboratory analyses indicates 

that GMB151 soybean 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 3 for 

soliciting public comment when 

considering petitions for determinations 

of nonregulated status of organisms 

developed using genetic engineering, 

APHIS accepts written comments 

regarding a petition once APHIS deems 

it complete. In a notice published in the 

Federal Register on May 28, 2020 (85 

FR 32004–32005, Docket No. APHIS– 

2020–0023),4 APHIS announced the 

availability of the BASF petition for 

public comment. APHIS solicited 

comments on the petition for 60 days 

ending on July 27, 2020, in order to help 

identify potential environmental and 

interrelated economic issues and 

impacts that APHIS may determine 


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Federal Register / Vol. 87, No. 50 / Tuesday, March 15, 2022 / Notices 14441 

should be considered in our evaluation 

of the petition. 

APHIS received nine comments on 

the petition from agricultural trade 

groups, farmers, and members of the 

public. Five comments generally 

supported BASF’s petition, while four 

expressed objections to crops developed 

or modified through genetic 

engineering. 

APHIS decided, based on its review of 

the petition and its evaluation and 

analysis of the comments received 

during the 60-day public comment 

period on the petition, that the petition 

involves an organism developed using 

genetic engineering that raises 

substantive new issues. According to 

our public review process for such 

petitions (see footnote 3), APHIS is 

following Approach 2, in which we first 

solicit written comments from the 

public on a draft environmental 

assessment (EA) and a draft 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 the draft 

PPRA and other information, APHIS 

revises the draft PPRA as necessary and 

prepares a final EA. APHIS also 

publishes a notice in the Federal 

Register announcing the regulatory 

status of the organism developed using 

genetic engineering and the availability 

of APHIS’ final EA, PPRA, finding of no 

significant impact (FONSI), and our 

regulatory determination. 

A second opportunity for public 

involvement was provided on August 

17, 2021, with a notice published in the 

Federal Register (86 FR 45955–45956) 

announcing the availability of the draft 

EA and draft PPRA for public review 

and comment. That comment period 

closed on September 16, 2021. APHIS 

received 2,743 comments on the 

petition and supporting documents. All 

but eight of the comments consisted of 

identical and near-identical copies of a 

form letter submitted by different 

individuals who expressed their general 

opposition to the concept and use of 

genetic engineering for any purpose. 

Commenters objected to GMB151 

soybean because it expresses a novel 

protein from Bacillus thuringiensis, 

which many stated has not been 

adequately evaluated for use as a 

pesticide. Others objected to 

deregulation of GMB151 soybean on 

grounds that it would contribute to 

weed resistance. Commenters also 

opposed deregulation because it would 

contribute to an increase in the use of 

isoxaflutole, which they stated will 

jeopardize human health and safety. 

The comments are addressed in our 

final EA. 

National Environmental Policy Act 

The final EA contains the results of 

APHIS’ review and evaluation of the 

comments received during the comment 

period on the draft EA, draft PPRA, and 

the petition. The final EA provides the 

public with documentation of APHIS’ 

review and analysis of any potential 

environmental impacts associated with 

the determination of nonregulated status 

of GMB151 soybean. The EA was 

prepared in accordance with: (1) 

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, 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 GMB151 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 GMB151 

soybean is unlikely to pose a plant pest 

risk and therefore is no longer subject to 

our regulations governing the 

importation, interstate movement, or 

release into the environment 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 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 10th day of 

March 2022. 

Anthony Shea, 

Administrator, Animal and Plant Health 

Inspection Service. 

[FR Doc. 2022–05444 Filed 3–14–22; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Rural Housing Service 

[Docket No. RHS–22–MFH–0002] 

Multi-Family Housing Preservation and 

Revitalization (MPR) Demonstration 

Program—Section 514 and Section 515 

for Fiscal Year 2022 

AGENCY: Rural Housing Service, United 

States Department of Agriculture. 

ACTION: Notice of Solicitation of 

Applications (NOSA). 

SUMMARY: The Rural Housing Service 

(RHS) (Agency), a Rural Development 

agency of the United States Department 

of Agriculture (USDA), announces it is 

soliciting applications to defer existing 

eligible loans for the Multi-Family 

Housing (MFH) Preservation and 

Revitalization (MPR) Demonstration 

Program. Current RHS borrowers (stayin owners) and/or eligible applicants 

applying to assume existing Section 515 

Rural Rental Housing (RRH) or Section 

514 Off-Farm Labor Housing (Off-FLH) 

loans that are closed and were obligated 

on or after October 1, 1991, are invited 

to apply for MPR deferral-only 

assistance for such loans. This Notice 

does not provide any funding or 

additional units of Agency Rental 

Assistance (RA). 

DATES: Complete applications 

requesting deferral-only assistance 

under this NOSA must be received no 

later than 5 p.m., Eastern Standard 

Time, May 16, 2022. The Agency will 

not consider any applications received 

after the closing deadlines. 

ADDRESSES: Application Submission: 

All materials must be submitted via 

CloudVault. The submission process is 

detailed in section III. Application and 

Submission Information of this Notice. 

After publication in the Federal 

Register, this Notice will be posted on 

the Rural Development (RD) website, 

www.rd.usda.gov/newsroom/noticessolicitation-applications-nosas. The 

Agency will publish, as necessary, any 

revisions and amendments reflecting 

program modifications, in the Federal 

Register within the period this Notice 

remains open. Expenses incurred in 

applying for this NOSA will be borne by 

and be at the applicant’s sole risk. 

FOR FURTHER INFORMATION CONTACT: 

Fallan Faulkner, Multi-Family 

Specialist, Multi-Family Housing, RHS, 

U.S Department of Agriculture, via 

email: fallan.faulkner@usda.gov, or by 

phone: 615–812–0050. Any questions 

on eligibility for deferral should be 

directed via email at: RD.MPR@

usda.gov. Please include in the subject 


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