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Notice2026-19239

Bayer U.S.-Crop Science: Availability of a Petition for a Determination of Nonregulated Status and Draft Plant Pest Risk Assessment for MON 89151 Lepidopteran-Protected Cotton (Gossypium hirsutum)

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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
September 21, 2026

Issuing agencies

Agriculture DepartmentAnimal and Plant Health Inspection Service

Abstract

We are advising the public that the Animal and Plant Health Inspection Service has received a petition from Bayer U.S.-Crop Science seeking a determination of nonregulated status for MON 89151 lepidopteran-protected cotton (Gossypium hirsutum) which has been developed using genetic engineering to express three insecticidal proteins to protect against feeding damage caused by target lepidopteran pests. We are making the petition and draft plant pest risk assessment available for public review and comment.

Full Text

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<title>Federal Register, Volume 91 Issue 181 (Monday, September 21, 2026)</title>
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[Federal Register Volume 91, Number 181 (Monday, September 21, 2026)]
[Notices]
[Pages 59758-59759]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-19239]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2026-0859]


Bayer U.S.-Crop Science: Availability of a Petition for a 
Determination of Nonregulated Status and Draft Plant Pest Risk 
Assessment for MON 89151 Lepidopteran-Protected Cotton (Gossypium 
hirsutum)

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice of availability.

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SUMMARY: We are advising the public that the Animal and Plant Health 
Inspection Service has received a petition from Bayer U.S.-Crop Science 
seeking a determination of nonregulated status for MON 89151 
lepidopteran-protected cotton (Gossypium hirsutum) which has been 
developed using genetic engineering to express three insecticidal 
proteins to protect against feeding damage caused by target 
lepidopteran pests. We are making the petition and draft plant pest 
risk assessment available for public review and comment.

DATES: We will consider all comments that we receive on or before 
November 20, 2026.

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-2026-0859 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-2026-0859, Regulatory Analysis and Development, PPD, 
APHIS, 5601 Sunnyside Avenue #AP760, Beltsville, MD 20705.
    The petition, 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 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 Avenue, AP100-3-WS-
1151, Beltsville, MD 20705; (301) 851-3944; email: 
<a href="/cdn-cgi/l/email-protection#3a5b565b54144a5f5b484955547a4f495e5b145d554c"><span class="__cf_email__" data-cfemail="d5b4b9b4bbfba5b0b4a7a6babb95a0a6b1b4fbb2baa3">[email&#160;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, ``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 organisms and products are 
considered ``regulated articles.''
    Section 340.6(a) of the regulations provides 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. Paragraphs (b) and (c) of Sec.  340.6 describe 
the form that a petition for a determination of nonregulated status 
must take and the information that must be included in the petition.
    APHIS has received a petition (APHIS Petition Number 25-323-01p) 
from Bayer U.S.-Crop Science seeking a determination of nonregulated 
status for MON 89151 lepidopteran-protected cotton (Gossypium 
hirsutum), referred to as MON 89151, which has been developed using 
genetic engineering to express three insecticidal proteins (Vip3Cb1.1, 
Cry1Da_7, and Cry1B.3) to protect against feeding damage caused by 
target lepidopteran pests. The petition states that the information 
provided indicates that MON 89151 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. APHIS' draft PPRA 
compared the pest risk posed by MON 89151 with that of the nonmodified 
variety from which it was derived. The draft PPRA concluded that MON 
89151 is unlikely to pose an increased plant pest risk compared to the 
nonmodified cotton.
    Paragraph (d) of Sec.  340.6 provides that APHIS will publish a 
notice in the Federal Register providing 60 days for public comment on 
petitions for a determination of nonregulated status. In accordance 
with Sec.  340.6(d), we are publishing this notice to inform the public 
that APHIS will accept written comments regarding the petition and 
draft PPRA from interested or affected persons for a period of 60 days 
from the

[[Page 59759]]

date of this notice. The petition and draft PPRA are available for 
public review and comment, and copies are available as indicated under 
ADDRESSES and from the individual listed under the FOR FURTHER 
INFORMATION CONTACT section of this notice. We are particularly 
interested in receiving comments regarding biological or ecological 
issues, and we encourage the submission of scientific data, studies, or 
research to support your comments.
    After the comment period closes, APHIS will review and evaluate any 
information received during the comment period and any other relevant 
information. Based upon available information, APHIS will respond to 
the petitioner either approving or denying the petition. APHIS will 
post its regulatory determination on its website and publish a notice 
of availability in the Federal Register.

(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 16th day of September 2026.
Kelly Moore,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2026-19239 Filed 9-18-26; 8:45 am]
BILLING CODE 3410-34-P


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Indexed from Federal Register on September 21, 2026.

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