Federal Register / Vol. 72, No. 58 / Tuesday, March 27, 2007 / Notices 14259 

for OMB approval. All comments will 

also become a matter of public record. 

Done in Washington, DC, this 21st day of 

March 2007. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. E7–5571 Filed 3–26–07; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF AGRICULTURE 

Animal and Plant Health Inspection 

Service 

[Docket No. APHIS–2006–0038] 

Availability of an Environmental 

Assessment for a Field Release of 

Tobacco Genetically Engineered To 

Produce Antibodies 

AGENCY: Animal and Plant Health 

Inspection Service, USDA. 

ACTION: Notice. 

SUMMARY: We are advising the public 

that we have prepared an environmental 

assessment for a proposed field release 

involving a transgenic tobacco line that 

has been genetically engineered to 

produce an antimicrobial antibody that 

binds to a bacterium (Streptococcus 

mutans) associated with tooth decay in 

humans. The purpose of this field 

release is to generate plant biomass from 

which the antibody will be extracted 

after harvest. The environmental 

assessment is available to the public for 

review and comment. 

DATES: We will consider all comments 

received on or before April 26, 2007. 

ADDRESSES: You may submit comments 

by either of the following methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov, select 

‘‘Animal and Plant Health Inspection 

Service’’ from the agency drop-down 

menu, then click ‘‘Submit.’’ In the 

Docket ID column, select APHIS–2006–

0038 to submit or view public 

comments and to view supporting and 

related materials available 

electronically. Information on using 

Regulations.gov, including instruction 

for accessing documents, submitting 

comments, and viewing the docket after 

the close of the comment period, is 

available through the site’s ‘‘User Tips’’

link. 

• Postal Mail/Commercial Delivery: 

Please send four copies of your 

comment (an original and three copies) 

to Docket No. APHIS–2006–0038, 

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–

2006–0038. 

Reading Room: You may read the 

environmental assessment and any 

comments we receive on this docket 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. The environmental assessment 

is available on the Internet at http:// 

aphis.usda.gov/brs/aphisdocs/ 

05_35401r_ea.pdf. 

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. 

Margaret Jones, Biotechnology 

Regulatory Services, APHIS, 4700 River 

Road Unit 147, Riverdale, MD 20737–

1236; (301) 734–4880. To obtain copies 

of the environmental assessment, 

contact Ms. Cynthia Eck at (301) 734–

0667; e-mail: 

cynthia.a.eck@aphis.usda.gov. 

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 in the environment of a 

regulated article. 

On December 21, 2005, the Animal 

and Plant Health Inspection Service 

(APHIS) received a permit application 

(APHIS No. 05–354–01r) from Planet 

Biotechnology, Inc., of Hayward, CA, for 

a field trial using a line of transgenic 

tobacco. Permit application 05–354–01r 

describes a transgenic tobacco line 

(Nicotiana tabacum L.), designated as 

H8–105, that produces a chimeric 

antimicrobial antibody (trade name 

CaroRxTM) that binds to the bacterium 

Streptococcus mutans, which is 

associated with tooth decay in humans. 

Expression of the gene sequence is 

controlled by the cauliflower mosaic 

virus (CaMV) promoter and terminated 

by NOS from Agrobacterium 

tumefaciens and utilizes the selectable 

marker NPTII from Escherichia coli. 

Constructs were inserted into the 

recipient organisms via a disarmed 

Agrobacterium tumefaciens vector 

system. The antibodies generated from 

this planting will be extracted after 

harvest. 

The subject tobacco is considered a 

regulated article under the regulations 

in 7 CFR part 340 because it has been 

genetically engineered using the 

recombinant DNA technique using a 

vector derived from Agrobacterium 

tumefaciens. 

To provide the public with 

documentation of APHIS’ review and 

analysis of any potential environmental 

impacts and plant pest risks associated 

with the proposed release of these 

transgenic tobacco plants, 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). 

The EA may be viewed on the 

Regulations.gov Web site or in our 

reading room. (Instructions for accessing 

Regulations.gov and information on the 

location and hours of the reading room 

are provided under the heading 

ADDRESSES at the beginning of this 

notice.) In addition, copies may be 

obtained by calling or writing to the 

individuals 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 21st day of 

March 2007. 

Kevin Shea, 

Acting Administrator, Animal and Plant 

Health Inspection Service. 

[FR Doc. E7–5570 Filed 3–26–07; 8:45 am] 

BILLING CODE 3410–34–P 


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