Notice2023-07569
Pioneer Hi-Bred International, Inc.; Availability of a Draft Plant Pest Risk Assessment and Draft Environmental Assessment for Determination of Nonregulated Status for Insect Resistant and Herbicide-Tolerant Maize
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 11, 2023
Issuing agencies
Agriculture DepartmentAnimal and Plant Health Inspection Service
Abstract
We are advising the public that the Animal and Plant Health Inspection Service has prepared a draft plant pest risk assessment and draft environmental assessment regarding a request from Pioneer Hi-Bred International, Inc., seeking a determination of nonregulated status for DP23211 maize (corn), which was developed using genetic engineering for insect resistance to western corn rootworm and contains the gene that codes for the phosphinothricin acetyltransferase protein responsible for tolerance to glufosinate-ammonium herbicides. DP23211 corn also contains the gene that encodes for the phosphomannose isomerase protein, which is used as a selectable marker. We are making these documents available for public review and comment.
Full Text
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[Federal Register Volume 88, Number 69 (Tuesday, April 11, 2023)]
[Notices]
[Pages 21602-21603]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-07569]
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Notices
Federal Register
________________________________________________________________________
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.
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Federal Register / Vol. 88, No. 69 / Tuesday, April 11, 2023 /
Notices
[[Page 21602]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
[Docket No. APHIS-2020-0098]
Pioneer Hi-Bred International, Inc.; Availability of a Draft
Plant Pest Risk Assessment and Draft Environmental Assessment for
Determination of Nonregulated Status for Insect Resistant and
Herbicide-Tolerant Maize
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Notice.
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SUMMARY: We are advising the public that the Animal and Plant Health
Inspection Service has prepared a draft plant pest risk assessment and
draft environmental assessment regarding a request from Pioneer Hi-Bred
International, Inc., seeking a determination of nonregulated status for
DP23211 maize (corn), which was developed using genetic engineering for
insect resistance to western corn rootworm and contains the gene that
codes for the phosphinothricin acetyltransferase protein responsible
for tolerance to glufosinate-ammonium herbicides. DP23211 corn also
contains the gene that encodes for the phosphomannose isomerase
protein, which is used as a selectable marker. We are making these
documents available for public review and comment.
DATES: We will consider all comments that we receive on or before May
11, 2023.
ADDRESSES: You may submit comments by either of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="http://www.regulations.gov">www.regulations.gov</a>.
Enter APHIS-2020-0098 in the Search field. Select the Documents tab,
then select the Comment button in the list of documents.
<bullet> Postal Mail/Commercial Delivery: Send your comment to
Docket No. APHIS-2020-0098, Regulatory Analysis and Development, PPD,
APHIS, Station 3A-03.8, 4700 River Road Unit 118, Riverdale, MD 20737-
1238.
The petition, draft environmental assessment, draft plant pest risk
assessment, and any comments we receive on this docket may be viewed at
<a href="http://www.regulations.gov">www.regulations.gov</a>, or 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) 7997039 before coming.
Supporting documents for this petition are also available on the
APHIS website at <a href="https://www.aphis.usda.gov/aphis/ourfocus/biotechnology/regulatory-processes/petitions/petition-status">https://www.aphis.usda.gov/aphis/ourfocus/biotechnology/regulatory-processes/petitions/petition-status</a>.
FOR FURTHER INFORMATION CONTACT: Dr. Alan Pearson, Biotechnology
Regulatory Services, APHIS, USDA, 4700 River Road Unit 147, Riverdale,
MD 20737-1236; (301) 851-3944; email: <a href="/cdn-cgi/l/email-protection#1f7e737e71316f7a7e6d6c70715f6a6c7b7e31787069"><span class="__cf_email__" data-cfemail="50313c313e7e20353122233f3e10252334317e373f26">[email protected]</span></a>.
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, ``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 is
being 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 is being 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 July 21, 2020.
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\1\ To view the final rule, go to <a href="http://www.regulations.gov">www.regulations.gov</a> and enter
APHIS-2018-0034 in the Search field.
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Pioneer Hi-Bred International (Pioneer) has submitted a petition
(APHIS Petition Number 20-203-01p) to APHIS seeking a determination of
nonregulated status for DP23211 maize (corn), which was developed using
genetic engineering for insect resistance to western corn rootworm and
contains the gene that codes for the phosphinothricin acetyltransferase
protein responsible for tolerance to glufosinate-ammonium herbicides.
DP23211 corn also contains the gene that encodes for the phosphomannose
isomerase protein, which is used as a selectable marker. The petition
states that DP23211 corn 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 \2\ for soliciting public comment when
considering petitions for determination of nonregulated status of
organisms developed using genetic engineering, APHIS accepts written
comments regarding a petition once APHIS deems the petition complete.
On November 3, 2020, APHIS announced in the Federal Register \3\ (85 FR
69564-69566, Docket No. APHIS-2020-0098) the availability of the
Pioneer petition for public comment. APHIS solicited comments on
[[Page 21603]]
the petition for 60 days ending January 4, 2021.
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\2\ On 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 organisms developed using genetic
engineering. To view the notice, go to <a href="http://www.regulations.gov">www.regulations.gov</a> and enter
APHIS-2011-0129 in the Search field.
\3\ To view the notice, its supporting documents, and the
comments that we received, go to <a href="http://www.regulations.gov">www.regulations.gov</a> and enter
APHIS-2020-0098 in the Search field.
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APHIS received four comments on the petition during the comment
period. One comment was from an individual, which stated opposition to
biotechnology-derived crops in general. Three comments were received
from industry organizations, which generally supported approval of the
petition.
After public comments are received on a completed petition, APHIS
evaluates those comments and then provides a second opportunity for
public involvement in our decision-making process. According to our
public review process (see footnote 2), 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 an organism
that raises no substantive new issues, APHIS will follow Approach 1 for
public involvement. Under Approach 1, APHIS prepares and announces in
the Federal Register the availability of APHIS' preliminary regulatory
determination along with its draft EA, preliminary finding of no
significant impact (FONSI), and its draft 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 determines
that no substantive information has been received that would warrant
APHIS altering its preliminary regulatory determination or FONSI, or
substantially change the analysis of impacts in the EA, our preliminary
regulatory determination will become final and effective upon
notification of the public through an announcement on our website. No
further Federal Register notice will be published announcing the final
regulatory determination.
Under Approach 2, 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 an organism that raises substantive new issues, APHIS first
solicits written comments from the public on a draft EA and draft 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 draft PPRA and other information, APHIS will revise
the draft PPRA as necessary. It will then 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 will be following Approach 2.
As part of our decision-making process regarding an organism's
regulatory status, APHIS prepared a PPRA to assess the plant pest risk
of the organism, and an EA to evaluate potential impacts on the human
environment. This will 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' draft PPRA compared the pest risk posed by DP23211 corn with
that of the unmodified variety from which it was derived. The draft
PPRA concluded that DP23211 corn is unlikely to pose an increased plant
pest risk compared to the unmodified corn.
The draft EA evaluated potential impacts that may result from the
commercial production of DP23211 corn, to include potential impacts on
conventional and organic corn production; the acreage and area required
for U.S. corn production; agronomic practices and inputs; the physical
environment; biological resources; human health and worker safety;
animal health and welfare; and socioeconomic impacts. No significant
impacts were identified with the production and marketing of DP23211
corn.
The draft 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).
We are making available for a 30-day comment period our draft EA
and draft PPRA. These documents 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.
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 5th day of April 2023.
Michael Watson,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2023-07569 Filed 4-10-23; 8:45 am]
BILLING CODE 3410-34-P
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