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.

Notices Federal Register

7996

Vol. 62, No. 35

Friday, February 21, 1997

DEPARTMENT OF AGRICULTURE

Agriculture Research Service

Notice of Federal Invention Available

for Licensing and Intent to Grant

Exclusive License

AGENCY: Agricultural Research Service,

USDA.

ACTION: Notice of availability and intent.

SUMMARY: Notice is hereby given that a

Federally owned invention, U.S. Plant

Patent Application Serial No. 08/

634,149, filed April 19, 1996, entitled

‘‘Tift 94 Bermudagrass’’ is available for

licensing and that the U.S. Department

of Agriculture, Agricultural Research

Service intends to grant to The

University of Georgia Research

Foundation of Athens, Georgia, an

exclusive license for U.S. Plant Patent

Application Serial No. 08/634,149.

DATES: Comments must be received by

May 22, 1997.

ADDRESSES: Send comments to: USDA,

ARS, Office of the Director, National

Center for Agricultural Utilization

Research, Room 2042, 1815 N.

University Street, Peoria, Illinois 61604.

FOR FURTHER INFORMATION CONTACT:

Andrew Watkins of the National Center

for Agricultural Utilization Research at

the Peoria address given above;

telephone: 309–681–6545.

SUPPLEMENTARY INFORMATION: The

Federal Government’s patent rights to

this invention are assigned to the United

States of America, as represented by the

Secretary of Agriculture. It is in the

public interest to so license this

invention as The University of Georgia

Research Foundation has submitted a

complete and sufficient application for

a license. The prospective exclusive

license will be royalty-bearing and will

comply with the terms and conditions

of 35 U.S.C. 209 and 37 CFR 404.7. The

prospective exclusive license may be

granted unless, within ninety days from

the date of this published Notice, the

Agricultural Research Service receives

written evidence and argument which

establishes that the grant of the license

would not be consistent with the

requirements of 35 U.S.C. 209 and 37

CFR 404.7.

R.M. Parry, Jr.,

Assistant Administrator.

[FR Doc. 97–4248 Filed 2–20–97; 8:45 am]

BILLING CODE 3410–03–M

Animal and Plant Health Inspection

Service

[Docket No. 97–006–1]

Calgene, Inc.; Receipt of Petition for

Determination of Nonregulated Status

for Genetically Engineered Cotton

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 Calgene, Inc., seeking a

determination of nonregulated status for

cotton lines designated as BXN with Bt

cotton lines derived from transformation

events 31807 and 31808 that have been

genetically engineered for tolerance to

the herbicide bromoxynil and for

resistance to lepidopteran insect pests.

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 these cotton lines

present a plant pest risk.

DATES: Written comments must be

received on or before April 22, 1997.

ADDRESSES: Please send an original and

three copies of your comments to

Docket No. 97–006–1, 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. 97–006–1. 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.

James White, BSS, PPQ, APHIS, Suite

5B05, 4700 River Road Unit 147,

Riverdale, MD 20737–1236; (301) 734–

7612. To obtain a copy of the petition,

contact Ms. Kay Peterson at (301) 734–

7612; e-mail:

mkpeterson@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.’’

The regulations in § 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 § 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 January 13, 1997, APHIS received

a petition (APHIS Petition No. 97–013–

01p) from Calgene, Inc., (Calgene) of

Davis, CA, requesting a determination of

nonregulated status under 7 CFR part

340 for bromoxynil-tolerant and

lepidopteran insect-resistant cotton

lines designated as BXN with BT

derived from transformation events

31807 and 31808 (events 31807 and

31808). The Calgene petition states that

the subject cotton lines should not be

regulated by APHIS because they do not

present a plant pest risk.

As described in the petition, events

31807 and 31808 have been genetically

engineered to express a nitrilase enzyme

isolated from Klebsiella pneumoniae

subsp. ozaenae which degrades the

herbicide bromoxynil, and a CryIA(c)

insect control protein originally derived

from Bacillus thuringiensis subsp.

kurstaki HD–73 (Bt). The subject cotton

lines also contain the nptII gene which