[Federal Register Volume 82, Number 144 (Friday, July 28, 2017)]
[Notices]
[Page 35172]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-15949]


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 Notices
                                                 Federal Register
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 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 
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  Federal Register / Vol. 82, No. 144 / Friday, July 28, 2017 / 
Notices  

[[Page 35172]]



DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2017-0015]


Bayer CropScience LP: Determination of Nonregulated Status of 
Canola Genetically Engineered for Male Sterility and Glufosinate-
Ammonium Resistance

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice.

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SUMMARY: We are advising the public of our determination to extend the 
nonregulated status of InVigor[supreg] MS8 canola (hereinafter MS8 
canola) to Bayer CropSciences LP's (Bayer) canola event MS11 which has 
been genetically engineered for male sterility and resistance to the 
herbicide glufosinate-ammonium using the same mechanism of action as 
Bayer's MS8 canola. Our determination is based on our evaluation of 
data submitted by Bayer in its petition for a determination of 
nonregulated status, our analysis of publically available scientific 
data, and comments received from the public on the petition for 
nonregulated status and its associated environmental assessment and 
plant pest risk similarity assessment. This notice also announces the 
availability of our written determination and finding of no significant 
impact.

DATES: Effective July 28, 2017.

FOR FURTHER INFORMATION CONTACT: Ms. Cindy Eck, Document Control 
Officer/Team Leader, Policy Coordination Programs, Biotechnology 
Regulatory Services, APHIS, 4700 River Road, Unit 147, Riverdale, MD 
20737-1236; (301) 851-3954, email: [email protected].

SUPPLEMENTARY INFORMATION:

Background

    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 Sec.  [thinsp]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. Paragraphs (b) and (c) of Sec.  [thinsp]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 received a request for an extension of the determination of 
nonregulated status of MS8 canola to canola designated as canola event 
MS11 (APHIS Petition Number 16-235-01p) from Bayer CropScience LP 
(Bayer) of Research Triangle Park, NC. MS11 canola expresses male 
sterility and resistance to the herbicide glufosinate-ammonium. In its 
request, Bayer stated that this canola is similar to the antecedent 
organism MS8 canola and, based on the similarity to the antecedent 
organism, is unlikely to pose a plant pest risk and, therefore, should 
not be a regulated article under APHIS' regulations in 7 CFR part 340.
    In a notice \1\ published in the Federal Register on April 12, 2017 
(82 FR 17625-17626, Docket No. APHIS-2017-0015), APHIS announced the 
availability of the Bayer's petition, draft environmental assessment, 
preliminary finding of no significant impact, draft plant pest risk 
similarity assessment, and preliminary determination for nonregulated 
status for public comment. We solicited comments on the notice for 30 
days ending May 12, 2017. We extended the deadline for comments until 
May 30, 2017, in a document published in the Federal Register on May 
10, 2017 (82 FR 21790-21791, Docket No. APHIS-2017-0015). We received 5 
comments by that date. The comments are discussed in the finding of no 
significant impact (FONSI) that accompanies this notice.
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    \1\ To view the notice, the petition, the comments we received, 
and other supporting documents, go to http://www.regulations.gov/#!docketDetail;D=APHIS-2017-0015.
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Determination of Nonregulated Status

    Based on APHIS' analysis of field and laboratory data submitted by 
Bayer, references provided in the petitions, peer-reviewed 
publications, information analyzed in the environmental assessment, the 
plant pest risk similarity assessment (PPRSA), comments provided by the 
public, and APHIS' evaluation of and response to those comments, APHIS 
has determined that MS11 canola is unlikely to pose a plant pest risk. 
Accordingly, the petition requesting a determination of nonregulated 
status is approved and MS11 canola is no longer subject to our 
regulations governing the introduction of certain genetically 
engineered organisms and to the plant pest provisions of the Plant 
Protection Act.
    Copies of the signed determination document and the signed record 
of decision, as well as copies of the final environmental assessment, 
FONSI, and the PPRSA 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 25th day of July 2017.
Christine Zakarka,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2017-15949 Filed 7-27-17; 8:45 am]
 BILLING CODE 3410-34-P