Petition for the Determination of Nonregulated Status for Dicamba and Glufosinate-Tolerant Cotton MON 88701 The undersigned submits this petition under 7 CFR § 340.6 to request that the Administrator make a determination that the article should not be regulated under 7 CFR Part 340. July 2, 2012 (Revised September 10, 2012) OECD Unique Identifier: MON-887Ø1-3 Monsanto Petition Number: 12-CT-244U Submitted by: Marianne Malven, M.S. Monsanto Company 800 North Lindbergh Blvd. St. Louis, MO 63167 Phone: (314) 694-2225 Fax: (314) 694-8414 E-mail: [email protected] Prepared by: S.M. Arackal, M.S., B.A. Comstock, B.S., D. Chandu, Ph.D., A.E. Deffenbaugh, B.S., S.R. Eskelsen, Ph.D., D. Howard, B.S., M. Malven, M.S., J.K. Soteres, Ph.D. Contributors and/or Principal Investigators: E. Bell, Ph.D., S.L. Bollman, Ph.D., P.L. Bommireddy, Ph.D., L. Burzio, Ph.D., B. Chen, Ph.D., K.S. Crowley, Ph.D., R. Frazier, M.S., A. Galadima, Ph.D., C.W. Garnaat, M.S., Xin Gu, Ph.D., J.M. Harrison, M.Sc., M.A., J.L. Hart, M.S., R.A. Hernan, Ph.D., R. Heeren, B.S., T. Kaempfe, B.S., H.T. Kang, M.S., M. Koch, Ph.D., K.R. Lawry, M.S., T.C. Lee, Ph.D., S.L. Lemke, Ph.D., K.J. Mathis, K.E. Niemeyer, M.S., L.F. Ralston, Ph.D., A. Silvanovich, Ph.D., M.B. Spaur, B.S., Q. Tian, M.D., Ph.D., R. Wang, M.S. Monsanto Company 12-CT-244U 1 of 620 RELEASE OF INFORMATION Monsanto is submitting the information in this petition for review by the USDA as part of the regulatory process. By submitting this information, Monsanto does not authorize its release to any third party. In the event the USDA receives a Freedom of Information Act request, pursuant to 5 U.S.C., § 552, and 7 CFR Part 1, covering all or some of this information, Monsanto expects that, in advance of the release of the document(s), USDA will provide Monsanto with a copy of the material proposed to be released and the opportunity to object to the release of any information based on appropriate legal grounds, e.g., responsiveness, confidentiality, and/or competitive concerns. Monsanto understands that a copy of this information may be made available to the public in a reading room and upon individual request as part of a public comment period. Except in accordance with the foregoing, Monsanto does not authorize the release, publication or other distribution of this information (including website posting) without Monsanto's prior notice and consent. ©2012 Monsanto Company. All Rights Reserved. This document is protected under copyright law. This document is for use only by the regulatory authority to which it has been submitted by Monsanto Company and only in support of actions requested by Monsanto Company. Any other use of this material, without prior written consent of Monsanto, is strictly prohibited. By submitting this document, Monsanto does not grant any party or entity any right to use or license the information or intellectual property described in this document. Monsanto Company 12-CT-244U 2 of 620 CERTIFICATION The undersigned certifies that, to the best knowledge and belief of the undersigned, this petition includes all information and views on which to base a determination, and that it includes all relevant data and information known to the petitioner that are unfavorable to the petition. Marianne Malven, M.S. Regulatory Affairs Manager Address: Monsanto Company 800 North Lindbergh Blvd., C3SD St. Louis, MO 63167 Tel: (314) 694-2225 Fax: (314) 694-8414 Monsanto Company 12-CT-244U 30f620 EXECUTIVE SUMMARY The Animal and Plant Health Inspection Service (APHIS) of the United States Department of Agriculture (USDA) has responsibility under the Plant Protection Act (Title IV Pub. L. 106-224, 114 Stat. 438, 7 U.S.C. § 7701-7772) to prevent the introduction and dissemination of plant pests into the U.S. APHIS regulation 7 CFR § 340.6 provides that an applicant may petition APHIS to evaluate submitted data to determine that a particular regulated article does not present a plant pest risk and no longer should be regulated. If APHIS determines that the regulated article does not present a plant pest risk, the petition is granted, thereby allowing unrestricted introduction of the article. Monsanto Company is submitting this request to APHIS for a determination of nonregulated status for the new biotechnology-derived cotton product, MON 88701, any progeny derived from crosses between MON 88701 and conventional cotton, and any progeny derived from crosses of MON 88701 with biotechnology-derived cotton that have previously been granted nonregulated status under 7 CFR Part 340. Product Description Monsanto Company has developed dicamba and glufosinate-tolerant cotton, MON 88701, which will allow in-crop applications of dicamba herbicide for the control of broadleaf weeds from preemergence to seven days preharvest and glufosinate herbicide for broad spectrum weed control from emergence through early bloom growth stage. MON 88701 provides a wider dicamba window of application beyond the current preplant cotton uses and glufosinate application rates and timings that are equivalent to current commercial glufosinate-tolerant cotton. The combination of these two unique herbicide modes-of-action provides an effective weed management system for cotton production. Dicamba provides effective control of over 95 annual and biennial weed species, and suppression of over 100 perennial broadleaf and woody plant species. Glufosinate, a broad-spectrum contact herbicide, provides nonselective control of approximately 120 broadleaf and grass weeds. Additionally, dicamba and glufosinate provide control of herbicide-resistant weeds, including glyphosate-resistant biotypes of Palmer amaranth (Amaranthus palmeri), marestail (Conyza canadensis), common ragweed (Ambrosia artemisiifolia), giant ragweed (Ambrosia trifida) and waterhemp (Amaranthus tuberculatus). MON 88701 contains a demethylase gene from Stenotrophomonas maltophilia that expresses a dicamba mono-oxygenase (DMO) protein to confer tolerance to dicamba herbicide. DMO protein rapidly demethylates dicamba to the herbicidally inactive metabolite 3,6-dichlorosalicylic acid (DCSA). DCSA has been previously identified as a metabolite of dicamba in cotton, soybean, livestock, and soil. Monsanto will request a registration from U.S. EPA for the expanded use of dicamba on MON 88701, an increase in the dicamba residue tolerance for cottonseed, the establishment of a tolerance for cotton gin by-products, and the inclusion of DCSA in the residue definitions for both cottonseed and gin by-products. No other revisions to the dicamba pesticide residue tolerances are necessary including animal products such as meat, eggs, and milk. Monsanto Company 12-CT-244U 4 of 620 Furthermore, the use of dicamba on MON 88701 does not present any new environmental exposure scenarios not previously evaluated and deemed acceptable by U.S. EPA. MON 88701 also contains a bialaphos resistance (bar) gene from Streptomyces hygroscopicus that expresses the phosphinothricin N-acetyltransferase (PAT) protein to confer tolerance to glufosinate herbicide. PAT (bar)1 protein acetylates the free amino group of glufosinate to produce non-herbicidal N-acetyl glufosinate, a well known metabolite in glufosinate-tolerant plants. The use pattern and rate of glufosinate on MON 88701 will follow the existing glufosinate-tolerant cotton uses outlined on the glufosinate herbicide label. The glufosinate residues in MON 88701 treated with commercial glufosinate rates are below the established pesticide residue tolerances for both cottonseed and gin by-products. Therefore, Monsanto will not seek any changes in the glufosinate label or the established tolerances for its use on MON 88701 cotton. MON 88701 will be combined, through traditional breeding methods, with other deregulated herbicide-tolerant (e.g., glyphosate-tolerant) events. The in-crop use of dicamba and glufosinate herbicides, in addition to glyphosate herbicide, provides improved weed management options in cotton to control a broad spectrum of grass and broadleaf weed species and effective control of weeds resistant to several herbicide families. Successful integration of MON 88701 into glyphosate-tolerant cotton systems will provide: 1) an opportunity for an efficient, effective weed management system for hard-to-control and herbicide-resistant weeds; 2) a flexible system for two additional herbicide modes-of-action for in-crop application in current cotton production systems as recommended by weed science experts to manage future weed resistance development; 3) an option to delay or prevent further resistance to glyphosate and other critically important cotton herbicides; in particular, herbicides in the acetolactate synthase inhibitor (ALS) and protoporphyrinogen oxidase inhibitor (PPO) class of chemistry; 4) crop safety to dicamba, glufosinate, and glyphosate; and 5) additional weed management tools to enhance weed management systems necessary to maintain yield and quality to meet the growing needs of the food, feed, and industrial markets. Data and Information Presented Confirms the Lack of Plant Pest Potential and the Food and Feed Safety of MON 88701 Compared to Conventional Cotton The data and information presented in this petition demonstrate MON 88701 is agronomically, phenotypically, and compositionally comparable to commercially cultivated cotton, with the exception of its tolerances to both dicamba and glufosinate. Moreover, the data presented demonstrate MON 88701 is unlikely to pose an increased plant pest risk, including weediness, or adverse environmental impact, compared to commercially cultivated cotton. The food, feed, and environmental safety of MON 88701 was confirmed based on multiple, well-established lines of evidence: 1 PAT (bar) indicates the PAT protein encoded by the bar gene isolated from S. hygroscopicus. The pat gene from S. viridochromogenes also encodes a PAT protein that confers glufosinate tolerance. Monsanto Company 12-CT-244U 5 of 620 Cotton is a familiar crop that does not possess any of the attributes commonly associated with weeds, and has a history of safe usage and consumption.