[Federal Register Volume 91, Number 32 (Wednesday, February 18, 2026)]
[Notices]
[Page 7422]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-03152]



[[Page 7422]]

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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2025-1034]


Pioneer Hi-Bred International, Inc.: Availability of a Petition 
for a Determination of Nonregulated Status and Draft Plant Pest Risk 
Assessment for Insect Resistant and Herbicide-Tolerant DAS-01131-3 
Maize (Corn)

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 Pioneer Hi-Bred 
International, Inc. seeking a determination of nonregulated status for 
DAS-01131-3 maize (corn), which has been developed using genetic 
engineering to produce the Cry1Da2 protein for protection against 
certain susceptible lepidopteran pests and the DGT-28 EPSPS protein for 
tolerance to glyphosate herbicide. 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 April 
20, 2026.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to www.regulations.gov. 
Enter APHIS-2025-1034 in the Search field. Select the Documents tab, 
then select the Comment button in the list of documents.
     Postal Mail/Commercial Delivery: Send your comment to 
Docket No. APHIS-2025-1034, 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 www.regulations.gov, 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) 851-4061; email: 
[email protected].

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 25-204-01p) 
from Pioneer Hi-Bred International, Inc. seeking a determination of 
nonregulated status for DAS-01131-3 maize (corn), designated as event 
DAS1131, which has been developed using genetic engineering to produce 
the Cry1Da2 protein for protection against certain susceptible 
lepidopteran pests and the DGT-28 EPSPS protein for tolerance to 
glyphosate herbicide. The petition states that the information provided 
indicates that DAS1131 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 DAS1131 with that of the nonmodified 
variety from which it was derived. The draft PPRA concluded that 
DAS1131 is unlikely to pose an increased plant pest risk compared to 
the nonmodified corn.
    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 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 11th day of February 2026.
Kelly Moore,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 2026-03152 Filed 2-17-26; 8:45 am]
BILLING CODE 3410-34-P