Notice2025-15702
Petitions Seeking Determination of Nonregulated Status; Notice of Intent of Withdrawal of Notices of Intent
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
August 18, 2025
Issuing agencies
Agriculture DepartmentAnimal and Plant Health Inspection Service
Abstract
This notice advises the public that the Animal and Plant Health Inspection Service (APHIS) of the United States Department of Agriculture (USDA) is withdrawing notices of intent to prepare environmental impact statements for two petitions seeking determinations of nonregulated status for organisms developed using genetic engineering. APHIS' decision to withdraw the notices of intent is consistent with APHIS' July 9, 2025 Program Update that as of that date, APHIS will no longer prepare an analysis under the National Environmental Policy Act to accompany its review of petitions seeking a determination of nonregulated status. This document provides public notice of this withdrawal.
Full Text
<html>
<head>
<title>Federal Register, Volume 90 Issue 157 (Monday, August 18, 2025)</title>
</head>
<body><pre>
[Federal Register Volume 90, Number 157 (Monday, August 18, 2025)]
[Notices]
[Page 40050]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-15702]
========================================================================
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.
========================================================================
Federal Register / Vol. 90, No. 157 / Monday, August 18, 2025 /
Notices
[[Page 40050]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
[Docket No. APHIS-2025-0029]
Petitions Seeking Determination of Nonregulated Status; Notice of
Intent of Withdrawal of Notices of Intent
AGENCY: Animal and Plant Health Inspection Service, USDA.
SUMMARY: This notice advises the public that the Animal and Plant
Health Inspection Service (APHIS) of the United States Department of
Agriculture (USDA) is withdrawing notices of intent to prepare
environmental impact statements for two petitions seeking
determinations of nonregulated status for organisms developed using
genetic engineering. APHIS' decision to withdraw the notices of intent
is consistent with APHIS' July 9, 2025 Program Update that as of that
date, APHIS will no longer prepare an analysis under the National
Environmental Policy Act to accompany its review of petitions seeking a
determination of nonregulated status. This document provides public
notice of this withdrawal.
DATES: On August 18, 2025, the notice of intent to prepare an
environmental impact statement published in the Federal Register on
April 28, 2021 (86 FR 22384-22386, Docket No. APHIS-2020-0021) and the
notice of intent to prepare an environmental impact statement published
in the Federal Register on August 6, 2021 (86 FR 43160-43162, Docket
No. APHIS-2020-0030) are withdrawn.
FOR FURTHER INFORMATION CONTACT: Mr. Joseph Tangredi, Biotechnology
Regulatory Services, APHIS, USDA, 5601 Sunnyside Avenue, AP100-3-1106,
Beltsville, MD 20705; (301) 851-4061; email: <a href="/cdn-cgi/l/email-protection#147e7b6771647c3a60757a736671707d54616770753a737b62"><span class="__cf_email__" data-cfemail="f79d988492879fd9839699908592939eb782849396d9909881">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
Background
On April 28, 2021, the Animal and Plant Health Inspection Service
(APHIS) published in the Federal Register a notice of intent (86 FR
22384-22386; Docket No. APHIS-2020-0021) to prepare an environmental
impact statement (EIS) for Determination of Nonregulated Status for
Maize Developed Using Genetic Engineering for Dicamba, Glufosinate,
Quizalofop, and 2,4-Dichlorophenoxyacetic Acid Resistance, With Tissue-
Specific Glyphosate Resistance Facilitating the Production of Hybrid
Maize Seed.
On August 6, 2021, APHIS published in the Federal Register a notice
of intent (86 FR 43160-43162; Docket No. APHIS-2020-0030) to prepare an
EIS for Determination of Nonregulated Status for Blight-Tolerant
Darling 58 American Chestnut (Castanea Dentata) Developed Using Genetic
Engineering.
APHIS is providing the public with notice of its withdrawal of the
notices of intent to prepare EIS's for the aforementioned two petitions
seeking determinations of nonregulated status for organisms developed
using genetic engineering. Since publication of these notices of
intent, two recent developments informed this decision and the need for
this notice.
First, on July 3, 2025, the United States Department of Agriculture
(USDA) issued an Interim Final Rule (90 FR 29632-29674) that amongst
other changes, revised, moved and republished, or removed portions of
USDA's existing National Environmental Policy Act (NEPA) regulations in
7 CFR part 1b as well as added new portions to those regulations that
apply USDA-wide. New 7 CFR 1b.7(b)(3) requires USDA subcomponents to
publish a notice of intent in the Federal Register if a decision is
made to withdraw the intent to complete an EIS.
Second, on July 9, 2025, APHIS published a Program Update titled
``APHIS Announces Update to Practices for Reviewing Petitions Seeking a
Determination of Nonregulated Status for Organisms Altered or Produced
Through Genetic Engineering''.\1\ In this Program Update, APHIS stated
that as of July 9, 2025, when evaluating a petition seeking a
determination of nonregulated status that meets the information
requirements in 7 CFR 340.6, APHIS will first determine whether a
modified organism is subject to regulation under 7 CFR part 340 and the
plant pest provisions in the Plant Protection Act. If APHIS determines
that a modified organism is unlikely to pose a greater plant pest risk
relative to its comparator and, as such, is not a plant pest, APHIS
will end its review and, because it lacks jurisdiction over the
modified organism, APHIS must issue a determination that the modified
organism is not subject to 7 CFR part 340.
---------------------------------------------------------------------------
\1\ The Program Update is available at <a href="https://www.aphis.usda.gov/news/program-update/aphis-announces-update-practices-reviewing-petitions-seeking-determination">https://www.aphis.usda.gov/news/program-update/aphis-announces-update-practices-reviewing-petitions-seeking-determination</a>.
---------------------------------------------------------------------------
Therefore, in accordance with the Program Update, APHIS will no
longer prepare an analysis under NEPA to accompany its review of
petitions seeking determination of nonregulated status. As such, APHIS
is providing the public with notice that it is withdrawing the notices
of intent to prepare EIS's in accordance with new 7 CFR 1b.7(b)(3) for
two petitions seeking determinations of nonregulated status for
organisms developed using genetic engineering under 7 CFR part 340.
Done in Washington, DC.
Sarah Helming,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2025-15702 Filed 8-15-25; 8:45 am]
BILLING CODE 3410-34-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on August 18, 2025.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.