Notice2026-15876
Bayer/Monsanto: Determination of Nonregulated Status for MON 87429 Maize Genetically Engineered for Dicamba, Glufosinate, Quizalofop, and 2,4-Dichlorophenoxyacetic Acid (2,4-D) Resistance With Tissue-Specific Glyphosate Resistance Facilitating the Production of Hybrid Maize Seed
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 5, 2026
Issuing agencies
Agriculture DepartmentAnimal and Plant Health Inspection Service
Abstract
We are advising the public of our determination that MON 87429 maize, which was 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, is no longer considered regulated. Our determination is based on our evaluation of information and data Bayer/ Monsanto submitted in its petition for a determination of nonregulated status, available scientific data, the plant pest risk assessment, and public comments received in response to a previous notice announcing the availability of the petition for nonregulated status and a draft plant pest risk assessment. This notice announces the availability of our written determination and supporting documents.
Full Text
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<title>Federal Register, Volume 91 Issue 149 (Wednesday, August 5, 2026)</title>
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[Federal Register Volume 91, Number 149 (Wednesday, August 5, 2026)]
[Notices]
[Pages 50513-50514]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-15876]
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DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
[Docket No. APHIS-2020-0021]
Bayer/Monsanto: Determination of Nonregulated Status for MON
87429 Maize Genetically Engineered for Dicamba, Glufosinate,
Quizalofop, and 2,4-Dichlorophenoxyacetic Acid (2,4-D) Resistance With
Tissue-Specific Glyphosate Resistance Facilitating the Production of
Hybrid Maize Seed
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Notice.
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SUMMARY: We are advising the public of our determination that MON 87429
maize, which was 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, is no longer considered regulated. Our
determination is based on our evaluation of information and data Bayer/
Monsanto submitted in its petition for a determination of nonregulated
status, available scientific data, the plant pest risk assessment, and
public comments received in response to a previous notice announcing
the availability of the petition for nonregulated status and a draft
plant pest risk assessment. This notice announces the availability of
our written determination and supporting documents.
DATES: This change in regulatory status is recognized as of August 5,
2026.
ADDRESSES: You may read the petition, our determination referenced in
this notice, and supporting documents by any of the following methods:
<bullet> Federal eRulemaking Portal: Go to <a href="http://www.regulations.gov">www.regulations.gov</a>.
Enter APHIS-2020-0021 in the Search field.
<bullet> Our reading room, located in 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.
FOR FURTHER INFORMATION CONTACT: Mr. Alan Pearson, Biotechnology
Regulatory Services, APHIS, USDA, 5601 Sunnyside Ave., AP100,
Beltsville, MD 20740; (301) 851-3944; email: <a href="/cdn-cgi/l/email-protection#690805080747190c081b1a0607291c1a0d08470e061f"><span class="__cf_email__" data-cfemail="d3b2bfb2bdfda3b6b2a1a0bcbd93a6a0b7b2fdb4bca5">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: Under the authority of the plant pest
provisions of the Plant Protection Act (7 U.S.C. 7701-7772, 7781-7786)
and 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,''
APHIS regulates, 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
organisms and products are considered ``regulated articles.''
The regulations in Sec. 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 received a petition (APHIS Petition Number 19-316-01p) from
Monsanto Company, as a wholly owned subsidiary of Bayer Crop Science
(Bayer/Monsanto), seeking a determination of nonregulated status for
MON 87429 maize (corn), which has been developed using genetic
engineering for dicamba, glufosinate, quizalofop, and 2,4-
dichlorophenoxyacetic acid (2,4-D) resistance with tissue-specific
glyphosate resistance facilitating the production of hybrid maize seed.
The petition provides information in support of petitioners' position
that MON 87429 is unlikely to pose a plant pest risk and therefore
should not be regulated under APHIS' regulations in 7 CFR part 340.
As part of our decision-making process regarding the organism's
regulatory status, APHIS prepared a draft plant pest risk assessment
(PPRA) to assess the plant pest risk of the organism.
On May 8, 2020, APHIS published the Bayer/Monsanto petition in the
Federal Register seeking public comment for a period of 60 days (85 FR
27354-27355; Docket No. APHIS-2020-0021). APHIS received 4,112 comments
on the petition. On April 28, 2021, APHIS published a Notice of Intent
(NOI) to prepare an Environmental Impact Statement (EIS) in the Federal
Register seeking public comment for a period of 30 days (86 FR 22384-
22386; Docket No. APHIS-2020-0021). APHIS received 3,069 comments on
the NOI.
On March 22, 2024, APHIS published the draft PPRA and draft EIS in
the Federal Register (89 FR 20424-20425, APHIS-2020-0021) and accepted
public comments from March 22, 2024, through May 6, 2024. APHIS
received
[[Page 50514]]
9,600 comments on the draft EIS and one comment on the draft PPRA.
However, on August 18, 2025, APHIS published a withdrawal of the NOI
(90 FR 40050; Docket No. APHIS-2025-0029). Therefore, consistent with
this August 18, 2025 Federal Register notice, APHIS terminated work on
the EIS.
Based on APHIS' evaluation in the PPRA of information and data
submitted by Bayer/Monsanto in its petition, available scientific data,
and public comments received in response to the petition and draft
PPRA, APHIS has determined that MON 87429 is unlikely to pose a greater
plant pest risk than the unmodified comparator and therefore is no
longer subject to our regulations in 7 CFR part 340 governing the
introduction of certain organisms developed using genetic engineering.
Copies of the signed determination, PPRA, and response to comments,
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 30th day of July 2026.
Kelly Moore
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2026-15876 Filed 8-4-26; 8:45 am]
BILLING CODE 3410-34-P
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