31080 Federal Register / Vol. 79, No. 104 / Friday, May 30, 2014 / Notices 

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. 

Alternatively, 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 new crop-trait GE 

organism or 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 a 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 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 

SYHTOH2 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 

Syngenta/BCS, 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 SYHTOH2 and it would 

continue to be a regulated article, or (2) 

make a determination of nonregulated 

status of soybean event SYHTOH2. 

APHIS’ preferred alternative is to make 

a determination of nonregulated status 

of soybean event SYHTOH2. 

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 Syngenta/ 

BCS, 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 SYHTOH2 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 

SYHTOH2, whereby soybean event 

SYHTOH2 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 SYHTOH2, along with our PPRA, 

EA, and preliminary FONSI for the 

preliminary determination of 

nonregulated status. The PPRA, EA, 

preliminary FONSI, and our preliminary 

determination for soybean event 

SYHTOH2, as well as the Syngenta/BCS 

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 23rd day of 

May 2014. 

Kevin Shea, 

Administrator, Animal and Plant Health 

Inspection Service. 

[FR Doc. 2014–12554 Filed 5–29–14; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

[Docket No. APHIS–2012–0067] 

J.R. Simplot Co.; Availability of Plant 

Pest Risk Assessment and 

Environmental Assessment for 

Determination of Nonregulated Status 

of Potato Genetically Engineered for 

Low Acrylamide Potential and 

Reduced Black Spot Bruise 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Notice. 

SUMMARY: We are advising the public 

that the Animal and Plant Health 

Inspection Service is making available 

for public comment our plant pest risk 

assessment and our draft environmental 

assessment regarding a request from the 

J.R. Simplot Company seeking a 

determination of nonregulated status of 

potatoes designated as InnateTM

potatoes (events E12, E24, F10, F37, J3, 

J55, J78, G11, H37, and H50), which 

have been genetically engineered for 

low acrylamide potential (acrylamide is 

a human neurotoxicant and potential 

carcinogen that may form in potatoes 

and other starchy foods under certain 

cooking conditions) and reduced black 

spot bruise. We are soliciting comments 

mstockstill on DSK4VPTVN1PROD with NOTICES

Federal Register / Vol. 79, No. 104 / Friday, May 30, 2014 / Notices 31081 

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, and the 

comments we received, go to http:// 

www.regulations.gov/#!docketDetail;D=APHIS2012-0067. 

on whether this genetically engineered 

potato is likely to pose a plant pest risk. 

DATES: We will consider any 

information that we receive on or before 

June 30, 2014. 

ADDRESSES: You may submit any 

information by either of the following 

methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov/

#!docketDetail;D=APHIS-2012-0067. 

• Postal Mail/Commercial Delivery: 

Send your information to Docket No. 

APHIS–2012–0067, 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/

#!docketDetail;D=APHIS-2012-0067 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 13–022–01p. 

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.’’ 

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 has received a petition (APHIS 

Petition Number 13–022–01p) from the 

J.R. Simplot Company (Simplot) of 

Boise, ID, seeking a determination of 

nonregulated status of potatoes 

(Solanum tuberosum) designated as 

InnateTM potatoes (events E12, E24, F10, 

F37, J3, J55, J78, G11, H37, and H50), 

which have been genetically engineered 

for low acrylamide potential and 

reduced black spot bruise. Acrylamide 

is a human neurotoxicant and potential 

carcinogen that may form in potatoes 

and other starchy foods under certain 

cooking conditions. The petition states 

that these potatoes are 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 input 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 May 3, 2013 (78 

FR 25942–25943, Docket No. APHIS– 

2012–0067), APHIS announced the 

availability of the Simplot petition for 

public comment. APHIS solicited 

comments on the petition for 60 days 

ending on July 2, 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 308 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 41,475 comments. 

Some comments expressed support of a 

determination of nonregulated status 

because of potential health benefits and 

improvements to the potato industry. 

Issues raised during the comment 

period include concerns regarding 

effects on conventional potato 

production, export markets, and plant 

fitness. 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 

public involvement in our 

decisionmaking process. According to 

our public input 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. 

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 

new crop-trait GE organism or 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 a 

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 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). 

For this petition, we are using Approach 

2. 

APHIS has prepared a PPRA to 

determine if InnateTM potatoes are 

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 

mstockstill on DSK4VPTVN1PROD with NOTICES

31082 Federal Register / Vol. 79, No. 104 / Friday, May 30, 2014 / Notices 

1On March 6, 2012, APHIS published in the 

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

any article similar to or allied with any 

of the foregoing. 

APHIS has also prepared a draft EA in 

which we present two alternatives based 

on our analysis of data submitted by 

Simplot, 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 InnateTM potatoes 

and they would continue to be a 

regulated article, or (2) make a 

determination of nonregulated status of 

InnateTM potatoes. APHIS’ preferred 

alternative is to make a determination of 

nonregulated status of InnateTM

potatoes. 

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). 

In accordance with our process for 

soliciting public input when 

considering petitions for determinations 

of nonregulated status for GE organisms, 

we are publishing this notice to inform 

the public that APHIS will accept 

written comments on our draft EA and 

our PPRA regarding the petition for a 

determination of nonregulated status 

from interested or affected persons for a 

period of 30 days from the date of this 

notice. Copies of the draft EA and the 

PPRA, as well as the previously 

published petition, 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. 

After reviewing and evaluating the 

comments on the draft EA and the PPRA 

and other information, APHIS will 

revise the PPRA as necessary and 

prepare a final EA. Based on the final 

EA, APHIS will prepare a NEPA 

decision document (either a FONSI or a 

notice of intent to prepare an 

environmental impact statement). If a 

FONSI is reached, 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 the GE organism and 

the availability of APHIS’ final EA, 

PPRA, FONSI, and our 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 23rd day of 

May 2014. 

Kevin Shea, 

Administrator, Animal and Plant Health 

Inspection Service. 

[FR Doc. 2014–12555 Filed 5–29–14; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

[Docket No. APHIS–2013–0013] 

Monsanto Company and Forage 

Genetics International; Availability of a 

Plant Pest Risk Assessment and 

Environmental Assessment for 

Determination of Nonregulated Status 

of Genetically Engineered Alfalfa 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Notice. 

SUMMARY: We are advising the public 

that the Animal and Plant Health 

Inspection Service is making available 

for public comment our plant pest risk 

assessment and our draft environmental 

assessment regarding a request from the 

Monsanto Company and Forage 

Genetics International seeking a 

determination of nonregulated status of 

alfalfa designated as event KK179, 

which has been genetically engineered 

to express reduced levels of guaiacyl 

lignin. We are soliciting comments on 

whether this genetically engineered 

alfalfa is likely to pose a plant pest risk. 

DATES: We will consider all comments 

that we receive on or before June 30, 

2014. 

ADDRESSES: You may submit comments 

by either of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov/

#!docketDetail;D=APHIS-2013-0013. 

• Postal Mail/Commercial Delivery: 

Send your comment to Docket No. 

APHIS–2013–0013, 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-2013-0013 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 12–321–01p. 

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: 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 has received a petition (APHIS 

Petition Number 12–321–01p) from the 

Monsanto Company and Forage 

Genetics International seeking a 

determination of nonregulated status of 

alfalfa designated as event KK179, 

which has been genetically engineered 

to express reduced levels of guaiacyl 

lignin, a major subunit component of 

total lignin that slows the digestion of 

cellulose in livestock, as compared to 

conventional alfalfa at the same stage of 

growth. The petition states that this 

alfalfa event 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 input when 

mstockstill on DSK4VPTVN1PROD with NOTICES