[Federal Register Volume 60, Number 147 (Tuesday, August 1, 1995)]
[Notices]
[Pages 39146-39147]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-18777]



 ========================================================================
 Notices
                                                 Federal Register
 ________________________________________________________________________
 
 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 
 appearing in this section.
 
 ========================================================================
 

  Federal Register / Vol. 60, No. 147 / Tuesday, August 1, 1995 / 
Notices  


[[Page 39146]]


DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service
[Docket No. 95-059-1]


Receipt of Petition for Determination of Nonregulated Status for 
Genetically Engineered Corn

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: We are advising the public that the Animal and Plant Health 
Inspection Service has received a petition from the Dekalb Genetics 
Corporation seeking a determination of nonregulated status for a corn 
line designated as B16 that has been genetically engineered for 
tolerance to the herbicide glufosinate. The petition has been submitted 
in accordance with our regulations concerning the introduction of 
certain genetically engineered organisms and products. In accordance 
with those regulations, we are soliciting public comments on whether 
this corn line presents a plant pest risk.

DATES: Written comments must be received on or before October 2, 1995.

ADDRESSES: Please send an original and three copies of your comments to 
Docket No. 95-059-1, Regulatory Analysis and Development, PPD, APHIS, 
Suite 3C03, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please 
state that your comments refer to Docket No. 95-059-1. A copy of the 
petition and any comments received may be inspected at USDA, room 1141, 
South Building, 14th Street and Independence Avenue SW., Washington, 
DC, between 8 a.m. and 4:30 p.m., Monday through Friday, except 
holidays. Persons wishing access to that room to inspect the petition 
or comments are asked to call in advance of visiting at (202) 690-2817.

FOR FURTHER INFORMATION CONTACT: Dr. Keith Reding, Biotechnologist, 
Biotechnology Permits, BBEP, APHIS, Suite 5B05, 4700 River Road, Unit 
147, Riverdale, MD 20737-1237; (301) 734-7612. To obtain a copy of the 
petition, contact Ms. Kay Peterson at (301) 734-7601.

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 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. Paragraphs (b) and (c) of Sec. 340.6 describe the form 
that a petition for determination of nonregulated status must take and 
the information that must be included in the petition.
    On May 25, 1995, APHIS received a petition (APHIS Petition No. 95-
145-01p) from the Dekalb Genetics Corporation (Dekalb) of Mystic, CT, 
requesting a determination of nonregulated status under 7 CFR part 340 
for a glufosinate tolerant corn line designated as B16. The Dekalb 
petition states that the subject corn line should not be regulated by 
APHIS because it does not present a plant pest risk.
    As described in the petition, corn line B16 has been genetically 
engineered with the bar gene isolated from Streptomyces hygroscopicus 
that encodes a phosphinothricin acetyltransferase (PAT) enzyme, which, 
when introduced into a plant cell, inactivates glufosinate, also known 
as phosphinothricin, the active ingredient in the herbicide 
Liberty. The bar gene was introduced into the subject 
corn line by microprojectile bombardment and its expression is under 
the control of the 35S promoter derived from the plant pathogen 
cauliflower mosaic virus and the Agrobacterium tumefaciens transcript 7 
(Tr 7) 3' regulatory region. Dekalb's corn line B16 is currently 
considered a regulated article under the regulations in 7 CFR part 340 
because it contains gene sequences derived from plant pathogenic 
sources. The subject corn line has been evaluated in field trials 
conducted since 1991 under APHIS permits or notifications. In the 
process of reviewing the applications for field trials of the subject 
corn, APHIS determined that the vectors and other elements were 
disarmed and that the trials, which were conducted under conditions of 
reproductive and physical containment or isolation, would not present a 
risk of plant pest introduction or dissemination.
    In the Federal Plant Pest Act, as amended (7 U.S.C. 150aa et seq.), 
``plant pest'' is defined as ``any living stage of: Any insects, mites, 
nematodes, slugs, snails, protozoa, or other invertebrate animals, 
bacteria, fungi, other parasitic plants or reproductive parts thereof, 
viruses, or any organisms similar to or allied with any of the 
foregoing, or any infectious substances, which can directly or 
indirectly injure or cause disease or damage in any plants or parts 
thereof, or any processed, manufactured or other products of plants.'' 
APHIS views this definition very broadly. The definition covers direct 
or indirect injury, disease, or damage not just to agricultural crops, 
but also to plants in general, for example, native species, as well as 
to organisms that may be beneficial to plants, for example, honeybees, 
rhizobia, etc.
    This genetically engineered corn line is also currently subject to 
regulation by other agencies. The U.S. Environmental Protection Agency 
(EPA) is responsible for the regulation of pesticides under the Federal 
Insecticide, Fungicide, and Rodenticide Act (FIFRA), as amended (7 
U.S.C. 136 et seq.). FIFRA requires that all pesticides, including 
herbicides, be registered prior to distribution or sale, unless exempt 
by EPA regulation. Plants that have been genetically modified for 
tolerance or resistance to herbicides are not regulated under the FIFRA 
because the plants themselves are not considered pesticides.
    In cases in which the genetically modified plants allow for a new 
use of an herbicide or involve a different use pattern for the 
herbicide, the EPA must approve the new or different use. In 

[[Page 39147]]
conducting such an approval, the EPA considers the possibility of 
adverse effects to human health and the environment from the use of 
this herbicide. When the use of the herbicide on the genetically 
modified plant would result in an increase in the residues of the 
herbicide in a food or feed crop for which the herbicide is currently 
registered, or in new residues in a crop for which the herbicide is not 
currently registered, establishment of a new tolerance or a revision of 
the existing tolerance would be required. Residue tolerances for 
pesticides are established by the EPA under the Federal Food, Drug and 
Cosmetic Act (FFDCA) (21 U.S.C. 201 et seq.), and the Food and Drug 
Administration (FDA) enforces tolerances set by the EPA under the 
FFDCA.
    The FDA published a statement of policy on foods derived from new 
plant varieties in the Federal Register on May 29, 1992 (57 FR 22984-
23005). The FDA statement of policy includes a discussion of the FDA's 
authority for ensuring food safety under the FFDCA, and provides 
guidance to industry on the scientific considerations associated with 
the development of foods derived from new plant varieties, including 
those plants developed through the techniques of genetic engineering.
    In accordance with Sec. 340.6(d) of the regulations, we are 
publishing this notice to inform the public that APHIS will accept 
written comments regarding the Petition for Determination of 
Nonregulated Status from any interested person for a period of 60 days 
from the date of this notice. The petition and any comments received 
are available for public review, and copies of the petition may be 
ordered (see the ADDRESSES section of this notice).
    After the comment period closes, APHIS will review the data 
submitted by the petitioner, all written comments received during the 
comment period, and any other relevant information. Based on the 
available information, APHIS will furnish a response to the petitioner, 
either approving the petition in whole or in part, or denying the 
petition. APHIS will then publish a notice in the Federal Register 
announcing the regulatory status of Dekalb's corn line B16 and the 
availability of APHIS' written decision.

    Authority: 7 U.S.C. 150aa-150jj, 151-167, and 1622n; 31 U.S.C. 
9701; 7 CFR 2.17, 2.51, and 371.2(c).

    Done in Washington, DC, this 24th day of July 1995.
Lonnie J. King,
Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 95-18777 Filed 7-31-95; 8:45 am]
BILLING CODE 3410-34-P