[Federal Register Volume 84, Number 152 (Wednesday, August 7, 2019)]
[Notices]
[Pages 38588-38589]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-16921]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2018-0014]


BASF Plant Science, LP; Determination of Nonregulated Status of 
Canola Genetically Engineered for Altered Oil Profile and Resistance to 
an Imidazolinone Herbicide

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice.

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SUMMARY: We are advising the public of our determination that canola 
designated as event LBFLFK, which has been genetically engineered to 
allow for the synthesis of long chain omega-3 polyunsaturated fatty 
acids, including eicosapentaenoic acid and docosahexaenoic acid, from 
oleic acid in canola seed, is no longer considered a regulated article 
under our regulations governing the introduction of certain genetically 
engineered organisms. Our determination is based on our evaluation of 
data submitted by BASF Plant Science, LP, in its petition for a 
determination of nonregulated status, our analysis of available 
scientific data, and comments received from the public in response to 
our previous notices announcing the availability of the petition for 
nonregulated status and its associated environmental assessment and 
plant pest risk assessment. This notice also announces the availability 
of our written determination and finding of no significant impact.

DATES: This change in regulatory status will be recognized August 7, 
2019.

ADDRESSES: You may read the documents referenced in this notice and the 
comments we received at http://www.regulations.gov/#!docketDetail;D=APHIS-2018-0014 or in our reading room, which is 
located in Room 1141 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.
    Supporting documents are also available on the APHIS website at 
http://www.aphis.usda.gov/biotechnology/petitions_table_pending.shtml 
under APHIS Petition 17-321-01p.

FOR FURTHER INFORMATION CONTACT: Dr. Subray Hegde, Director, 
Biotechnology Risk Analysis Programs, Biotechnology Regulatory 
Services, APHIS, 4700 River Road, Unit 147, Riverdale, MD 20737-1236; 
(301) 851-3901; email: [email protected]. To obtain copies of the 
supporting documents for this petition, contact Ms. Cindy Eck at (301) 
851-3892, email: [email protected].

SUPPLEMENTARY INFORMATION: 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.  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 
17-321-01p) from BASF Plant Science, LP, of Florham Park, NJ (BASF), 
seeking a determination of nonregulated status of canola (Brassica 
napus L.) designated as event LBFLFK, which has been genetically 
engineered to allow for the synthesis of long chain omega-3 
polyunsaturated fatty acids (LC-PUFAs), including eicosapentaenoic acid 
(EPA) and docosahexaenoic acid

[[Page 38589]]

(DHA), from oleic acid in canola seed. The canola has also been 
genetically engineered for resistance to an imidazolinone herbicide. 
The BASF petition states that information collected during field trials 
and laboratory analyses indicates that LBFLFK canola is not likely to 
be a plant pest and therefore should not be a regulated article under 
APHIS' regulations in 7 CFR part 340.
    According to our process \1\ for soliciting public comment when 
considering petitions for determinations of nonregulated status of GE 
organisms, APHIS accepts written comments regarding a petition once 
APHIS deems it complete. In a notice \2\ published in the Federal 
Register on March 30, 2018 (83 FR 13722-13723, Docket No. APHIS-2018-
0014), APHIS announced the availability of the BASF petition for public 
comment. APHIS solicited comments on the petition for 60 days ending on 
May 29, 2018, in order to help identify potential environmental and 
interrelated economic issues and impacts that APHIS may determine 
should be considered in our evaluation of the petition.
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    \1\ On March 6, 2012, we published in the Federal Register (77 
FR 13258-13260, Docket No. APHIS-2011-0129) a notice describing our 
process for soliciting public comments and information when 
considering petitions for determinations of nonregulated status for 
GE organisms (see http://www.regulations.gov/#!docketDetail;D=APHIS-
2011-0129).
    \2\ To view the notice, the petition, and the comments we 
received, go to http://www.regulations.gov/#!docketDetail;D=APHIS-
2018-0014.
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    APHIS received eight comments on the petition. Three of the 
comments were from individuals, three were from the canola industry, 
one was from a public interest group, and one was from a State 
government. APHIS evaluated the issues raised during the comment period 
and, where appropriate, provided a discussion of those issues in our 
draft environmental assessment (EA).
    APHIS decided, based on its review of the petition and its 
evaluation and analysis of the comments received during the 60-day 
public comment period on the petition, that the petition involves a GE 
organism that raises substantive new issues. According to our public 
review process for such petitions (see footnote 1), APHIS is following 
Approach 2, where we first solicit written comments from the public on 
a draft EA and a draft plant pest risk assessment (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 
the draft PPRA and other information, APHIS revises the draft PPRA as 
necessary and prepares a final EA and, based on the final EA, a 
National Environmental Policy Act (NEPA) finding document (either a 
finding of no significant impact (FONSI) or a notice of intent to 
prepare an environmental impact statement). If a FONSI is reached, 
APHIS furnishes a response to the petitioner, either approving or 
denying the petition. APHIS also publishes a notice in the Federal 
Register announcing the regulatory status of the GE organism and the 
availability of APHIS' final EA, PPRA, FONSI, and our regulatory 
determination.
    APHIS sought public comment on a draft EA and draft PPRA from April 
4, 2019, to May 6, 2019.\3\ APHIS solicited comments on those documents 
and whether the subject canola is likely to pose a plant pest risk. 
APHIS received three comments on the petition and supporting documents, 
one of which opposed and two of which supported a decision of 
nonregulated status for LBFLFK canola. Those comments are addressed in 
our final EA.
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    \3\ 84 FR 13243-13244.
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National Environmental Policy Act

    After reviewing and evaluating the comments received during the 
comment period on the draft EA and draft PPRA and other information, 
APHIS has prepared a final EA. The EA has been prepared to provide the 
public with documentation of APHIS' review and analysis of any 
potential environmental impacts associated with the determination of 
nonregulated status of LBFLFK canola. The 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). Based on our EA, the response to public 
comments, and other pertinent scientific data, APHIS has reached a 
FONSI with regard to the preferred alternative identified in the EA (to 
make a determination of nonregulated status of LBFLFK canola).

Determination

    Based on APHIS' analysis of field and laboratory data submitted by 
BASF, references provided in the petition, peer-reviewed publications, 
information analyzed in the EA, the PPRA, comments provided by the 
public, and information provided in APHIS' response to those public 
comments, APHIS has determined that LBFLFK canola is unlikely to pose a 
plant pest risk and therefore is no longer subject to our regulations 
governing the introduction of certain GE organisms.
    Copies of the signed determination document, PPRA, final EA, FONSI, 
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 1st day of August 2019.
Kevin Shea,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2019-16921 Filed 8-6-19; 8:45 am]
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