[Federal Register Volume 71, Number 29 (Monday, February 13, 2006)]
[Notices]
[Pages 7504-7505]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E6-1992]


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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

[Docket No. APHIS-2006-0016]


Availability of Environmental Assessment for a Proposed Field 
Trial of Genetically Engineered Tall Fescue and Genetically Engineered 
Italian Ryegrass

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Notice of availability and request for comments.

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SUMMARY: We are advising the public that an environmental assessment 
has been prepared for a proposed field trial using three transgenic 
grass lines. The trial consists of tall fescue plants that are 
genetically engineered for hygromycin resistance and that express the 
marker beta-glucuronidase, Italian ryegrass plants that are genetically 
engineered for hygromycin resistance, and Italian ryegrass plants that 
are genetically engineered to lower the expression of the pollen 
allergen gene, Lol p1, and that are also hygromycin resistant and 
express the marker beta-glucuronidase. The purpose of the field trial 
is to study pollen viability, outcrossing, and hybridization between 
the two types of grasses. The study will also examine the effect of 
down-regulating the Lol p1 gene. Data gained from this field experiment 
will also be used to evaluate current confinement practices for these 
species of transgenic grasses. The environmental assessment is 
available to the public for review and comment.

DATES: We will consider all comments that we receive on or before March 
15, 2006.

ADDRESSES: You may submit comments by either of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov and, in the ``Search for Open Regulations'' box, 
select ``Animal and Plant Health Inspection Service'' from the agency 
drop-down menu, then click on ``Submit.'' In the Docket ID column, 
select APHIS-2006-0016 to submit or view public comments and to view 
supporting and related materials available electronically. After the 
close of the comment period, the docket can be viewed using the 
``Advanced Search'' function in Regulations.gov.
     Postal Mail/Commercial Delivery: Please send four copies 
of your comment (an original and three copies) to Docket No. APHIS-
2006-0016, Regulatory Analysis and Development, PPD, APHIS, Station 3A-
03.8, 4700 River Road Unit 118, Riverdale, MD 20737-1238. Please state 
that your comment refers to Docket No. APHIS-2006-0016.
    Reading Room: You may read the environmental assessment and any 
comments that we receive in our reading room. The reading room 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) 690-2817 before coming.
    Other Information: Additional information about APHIS and its 
programs is available on the Internet at http://www.aphis.usda.gov.

FOR FURTHER INFORMATION CONTACT: Dr. Andrea Huberty, Biotechnology 
Regulatory Services, APHIS, 4700 River Road Unit 147, Riverdale, MD 
20737-1236; (301) 734-0659. To obtain copies of the environmental 
assessment, contact Ms. Ingrid Berlanger at (301) 734-4885; e-mail: 
[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 organisms and products are considered ``regulated 
articles.'' A permit must be obtained or a notification acknowledged 
before a regulated article may be introduced. The regulations set forth 
the permit application requirements and the notification procedures for 
the importation, interstate movement, or release into the environment 
of a regulated article.
    On October 5, 2005, the Animal and Plant Health Inspection Service 
(APHIS) received permit applications (APHIS Nos. 05-278-01r and 05-278-
02r) from the Samuel Robert Noble Foundation in Ardmore, OK, for a 
field trial using three strains of transgenic grasses. The two permit 
applications are for three lines of transgenic grasses to be used in a 
single field trial.
    Permit application 05-278-01r describes a tall fescue line, Festuca 
arundinacea, that has been genetically engineered to express beta-
glucuronidase (gusA) derived from Escherichia coli. Expression of this 
gene is controlled by cauliflower mosaic virus (CaMV) 35S gene promoter 
and terminator sequences and a rice tungro virus (RTBV) intron. This 
regulated article also contains a separate insertion of a hygromycin 
phosphotransferase (hph) gene that is regulated by the rice actin 
promoter and intron sequences and the terminator from the CaMV 35S 
gene.
    Permit application 05-278-02r describes two transgenic lines of 
Italian ryegrass (Lolium multiflorium). Both lines have the same hph 
gene construct as the regulated article described in permit application 
05-278-01r. One line of Italian ryegrass also contains an insertion of 
a second construct that codes for an antisense Lol p1 gene derived from 
perennial ryegrass (Lolium perenne), and a gusA gene derived from E. 
coli. The antisense Lol p1 gene is under the control of the Zea mays 
pollen specific Zm 13 promoter and a nos polyadenylation terminator 
sequence from Agrobacterium tumefaciens.
    The subject transgenic grasses are considered regulated articles 
under the regulations in 7 CFR part 340 because they were created using 
donor sequences from plant pests. The purpose of this proposed 
introduction is for research on transgenic tall fescue and Italian 
ryegrass plants, particularly to investigate:
     The distance transgenic pollen can travel and still remain 
viable;

[[Page 7505]]

     The frequency of pollination at different distances from 
the pollen source;
     The probability/frequency of cross-hybridization between 
transgenic tall fescue, transgenic Italian ryegrass, and related 
species under field conditions; and
     The effects of down-regulation of a major pollen allergen 
on pollen dispersal in transgenic Italian ryegrass.
    Additionally, the data gathered during this study will be used to 
assess the confined status of this field release and refine the 
confinement conditions necessary for future releases of these grass 
species.
    To provide the public with documentation of APHIS' review and 
analysis of any potential environmental impacts and plant pest risk 
associated with the proposed release of these transgenic grasses, an 
environmental assessment (EA) has been prepared. The EA was prepared in 
accordance with (1) The National Environmental Policy Act of 1969 
(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). Copies of the EA are available from the 
individual listed under FOR FURTHER INFORMATION CONTACT.

    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 7th day of February 2006.
Kevin Shea,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. E6-1992 Filed 2-10-06; 8:45 am]
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