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Cotton Environmental Ass
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NBIAP BBS Note - (tm) = Trademark
USDA/APHIS Petition P93-196-01 for Determination
That BXN(tm) Cotton Poses No Plant Pest Risk
Environmental Assessment
February 1994
Finding of No Significant Impact (FONSI) for Nonregulatory
Status
of BXN(tm) Cotton, Calgene Petition P93-196-01
The Animal and Plant Health Inspection Service (APHIS) of
the U.S. Department of Agriculture has conducted an
environmental assessment in response to a petition (APHIS
Number P93-196-01) received from Calgene, Inc., regarding
the status of trademarked cotton lines, designated BXN(tm)
cotton, under APHIS regulations at 7 CFR Part 340. The
plants have been engineered with a selectable genetic marker
gene and a gene that confers tolerance to the herbicide
bromoxynil. Based upon the analysis documented in its
environmental assessment, APHIS has reached a finding of no
significant impact on the environment from its determination
that cotton lines fitting the definition of BXN(tm) cotton that
have been field tested prior to the submission of the
petition will no longer be regulated articles.
John H. Payne, Ph.D.
Acting Director
Biotechnology, Biologics, and Environmental Protection
Animal and Plant Health Inspection Service
U.S. Department of Agriculture
Date:
I. Summary
The U.S. Department of Agriculture, Animal and Plant Health
Inspection Service (APHIS) has prepared an environmental
assessment in response to a petition (APHIS Number
P93-196-01) from Calgene, Inc., regarding trademarked lines
of cotton (Gossypium hirsutum) designated BXN(tm) cotton.
Calgene seeks a determination from APHIS that BXN(tm) cotton
does not present a plant pest risk and is therefore no
longer a regulated article. The significant modification to
the BXN(tm) cotton plants relative to traditional cotton
varieties is that BXN(tm) cotton has been modified to express
one genetic marker gene and another gene that provides
tolerance to herbicide bromoxynil.
APHIS regulations at 7 CFR Part 340, which were promulgated
pursuant to authority granted by the Federal Plant Pest Act
(FPPA), (7 U.S.C. 150aa-150jj) as amended, and the Plant
Quarantine Act (PQA), (7 U.S.C. 151-164a, 166-167) as
amended, regulate the introduction (importation, interstate
movement, or release into the environment) of certain
genetically engineered organisms and products. An organism
is not subject to the regulatory requirements of 7 Part 340
when it is demonstrated not to present a plant pest risk.
Section 340.6 of the regulations, entitled "Petition Process
for Determination of Nonregulated Status," provides that a
person may petition the agency to evaluate submitted data
and determine that a particular regulated article does not
present a plant pest risk and should no longer be regulated.
If the agency determines that the regulated article does not
present a risk of introduction or dissemination of a plant
pest, the petition would be granted, thereby allowing for
unregulated introduction of the article in question.
Permits under those regulations will no longer be required
from APHIS for field testing, importation, or interstate
movement of that article or its progeny. Normal agronomic
practices with it, e.g., cultivation, propagation, movement,
and cross-breeding could then be conducted without APHIS
permit.
BXN(tm) cotton lines have previously been field tested under
15 APHIS permits. Permitted field tests took place at a
total of 57 sites in 13 states. Field tests were also
conducted in Argentina, Bolivia, and South Africa in
accordance with national regulatory requirements.
Additional demonstration trials using BXN(tm) cotton were also
performed under notification during the growing season just
ended. All field trials were performed essentially under
conditions of reproductive confinement.
APHIS has considered the information provided by Calgene in
its petition as well as other scientific data and comments
received from the public relating to the potential plant
pest risk of BXN(tm) cotton. APHIS has made the determination
that BXN(tm) cotton has no potential to pose a plant pest risk,
and determined that BXN(tm) cotton lines that have been
previously field tested under permit are no longer regulated
articles. Our documentation of that determination is
attached as an appendix. In reaching that determination, in
accordance with regulations and guidelines implementing the
National Environmental Policy Act of 1969 (42 U.S.C. 4321 et
seq.; 40 CFR 1500-1508; 7 CFR Part 1b; 44 FR 50381-50384;
and 44 FR 51272-51274), APHIS has evaluated the potential
for significant impact to the human environment from its
determination. That analysis is presented herein.
An environmental assessment (EA) was prepared prior to
granting each of the permits for a field trial using BXN(tm)
cotton. The 15 previous EA's discussing BXN(tm) cotton
addressed issues pertinent to plant pest risk issues
relative to the conduct of field trials under reproductive
confinement. The technical discussion of plant pest risk
issues is reiterated and expanded in our determination in
the appendix. The analyses in the 15 previous EA's, though
adequate to address most of the issues relating to the
properties of BXN(tm) cotton, do not address several new issues
that are of relevance to the growth of BXN(tm) cotton in the
absence of such confinement. The main new issues that are
considered in this EA are:
* Is there any potential for significant impact to the
environment based on increased weediness of BXN(tm) cotton
relative to traditionally bred cotton?
* Will outcrossing of BXN(tm) cotton with any wild plant
relatives result in any significant impact to the
environment? and
* Will the use of BXN(tm) cotton result in any significant
impact on any unrelated (nontarget) organisms,
including both beneficial organisms such as bees and
earthworms as well as endangered species?
Based on its review, APHIS has concluded that: (1) there is
no reason to believe that BXN(tm) cotton should exhibit
enhanced weediness relative to traditionally bred cotton,
which is not considered to show particular weedy aggressive
tendencies; (2) although outcrossing is likely to occur at
some level between BXN(tm) cotton and other wild or cultivated
cottons or cotton relatives, there is no reason to believe
that outcrossing will either increase the weediness of other
cotton populations or otherwise impact them differently from
outcrossing with traditionally bred cottons; and (3) there
is no reason to believe that BXN(tm) cotton will have any
significant impact on any nontarget species.
This EA specifically addresses the potential for impacts to
the human environment through the use in agriculture of BXN(tm)
cotton. It does not address the separate issue of the
potential use of the herbicide bromoxynil (Buctril) in
conjunction with BXN(tm) cotton. The U.S. Environmental
Protection Agency (EPA) has authority over the use in the
environment of all pesticidal substances, including
herbicides, under the Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA); in particular, EPA has jurisdiction
over registration of bromoxynil for use on cotton. The
potential issuance by EPA of a new label for use of the
herbicide bromoxynil on BXN(tm) cotton and the determination
by APHIS regarding the cotton itself are independent
decisions, under consideration by different agencies, based
on distinct regulations under unrelated legal authorities,
in response to requests from two separate corporate
entities. We have considered the potential for impacts
outside the boundaries of the United States in response to
comments although APHIS' decision only goes to actions
within the United States.
The APHIS review and analysis of Calgene's petition in this
EA result in a finding of no significant impact (FONSI) to
the human environment relative to the determination that
BXN(tm) cotton lines that have been previously field tested
under the regulations at 7 CFR Part 340 will no longer be
regulated articles. The FONSI accompanies this document.
II. Introduction
A petition was submitted to USDA/APHIS pursuant to
regulations codified in 7 CFR Part 340 which are entitled
"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." The
regulations govern the introduction (importation, interstate
movement, or release into the environment) of certain
genetically engineered organisms and products. Under
section 340.0 of the regulations, a person is required to
obtain a permit prior to introducing a regulated article.
Prior to issuing a permit, APHIS conducts an analysis of the
potential impacts associated with the proposed introduction,
and publishes an environmental assessment which documents
the analysis in accordance with regulations and guidelines
implementing the National Environmental Policy Act of 1969
(42 U.S.C. 4321 et seq.; 40 CFR 1500-1508; 7 CFR Part 1b; 44
FR 50381-50384; and 44 FR 51272-51274). Certain field
trials may be conducted according to the requirements of a
notification option described under section 340.3. (A
Special Assessment relative to the introduction of regulated
articles under notification was prepared by APHIS prior to
promulgation of the notification option. It is available
upon request.)
A genetically engineered organism is considered a regulated
article if the donor organism, recipient organism, vector or
vector agent used in engineering the organism belongs to one
of the taxa listed in the regulation and is also a plant
pest, or if there is reason to believe that it is a plant
pest. The transgenic cotton plants described in the Calgene
petition have been considered regulated articles because
noncoding DNA regulatory sequences and portions of the
plasmid vector are derived from plant pathogens.
An organism is not subject to the regulatory requirements of
7 Part 340 when it is demonstrated not to present a plant
pest risk. Section 340.6 of the regulations, entitled
Petition Process for Determination of Nonregulated Status,
provides that a person may petition the agency to evaluate
submitted data and determine that a particular regulated
article does not present a plant pest risk and should no
longer be regulated. Among other data requirements, section
340.6 (c)(3) requires that a petitioner,
"... Describe known and potential differences from the
unmodified organism that would substantiate that the
regulated article is unlikely to pose a greater plant
pest risk than the unmodified organism from which it
was derived, including but not limited to: plant pest
risk characteristics, disease and pest
susceptibilities, expression of the gene product, new
enzymes, or changes to plant metabolism, weediness of
the regulated article, impact on the weediness of any
other plant with which it can interbreed, agricultural
or cultivation practices, effects of the regulated
article on nontarget organisms, indirect plant pest
effects on other agricultural products, transfer of
genetic information to organisms with which it cannot
interbreed, and any other information which the
Director believes to be relevant to a determination.
Any information known to the petitioner that a
regulated article may pose a greater plant pest risk
than the unmodified recipient organism shall also be
included."
If the agency determines that the regulated article does not
present a risk of introduction or dissemination of a plant
pest, the petition would be granted, thereby allowing for
unregulated introduction of the article in question.
III. Alternatives
APHIS has considered the following four alternatives with
respect to Calgene's petition:
(1) deny the petition, so that BXN(tm) cotton plants would
continue to be regulated articles under 7 CFR Part 340;
(2) approve the petition for all cotton lines fitting
the definition of BXN(tm) cotton, regardless of whether
they have been field tested or produced in the
laboratory to date;
(3) approve the petition for all cotton lines fitting
the definition of BXN(tm) cotton that have been field
tested prior to the submission of the subject petition;
or
(4) approve either alternative (2) or (3) with the
additional stipulation that the determination applies
to the use of BXN(tm) cotton within the continental United
States.
IV. Scope
This EA is concerned with potential environmental impacts
from the unrestricted introduction of BXN(tm) cotton. The
genetic material introduced into BXN(tm) cotton has been
discussed in detail in EA's prepared for 15 prior field
tests under APHIS permits 92-106-01, 92-105-01, 91-357-01,
91-333-02, 91-329-04, 91-329-03, 91-329-02, 91-329-01,
91-107-06, 91-035-07, 90-303-02, 90-297-01, 90-016-04,
89-192-01, and 89-047-07. Permitted field tests took place
at a total of 57 sites in the following 13 states: Alabama,
Arizona, Arkansas, California, Georgia, Hawai'i, Louisiana,
Mississippi, Missouri, North Carolina, South Carolina,
Tennessee, and Texas. Field tests were also conducted in
Argentina, Bolivia, and South Africa in accordance with
national regulatory requirements. Additional demonstration
trials using BXN(tm) cotton were also performed under
notification during the growing season just ended. All
field trials were performed essentially under conditions of
reproductive confinement. Further discussions of the
biology of cotton as well as of the genetic components used
to construct BXN(tm) cotton are found in APHIS' Determination
that BXN(tm) cotton has no potential to pose a plant pest risk.
As this information is included in the appendix, it will not
be described in detail in the body of this document.
There are minor differences in the description of cotton
varieties tested under the cited permits and the
description, in Calgene's petition, of BXN(tm) cotton, based
on new information provided by Calgene concerning the
genetic composition of BXN(tm) cotton transformants.
Additional sequences, derived from the region outside the
T-DNA borders in the vectors used for the genetic
transformation of cotton, may be present in some BXN(tm) cotton
lines. Although some of these sequences may be derived from
plant pathogens, none of them is involved in the causation
of disease and none will be expressed in BXN(tm) cotton. These
sequences are discussed more fully in the appendix.
Effects associated with the potential uses of the herbicide
bromoxynil in conjunction with BXN(tm) cotton are outside the
scope of APHIS' analysis. APHIS' determination does not
constitute authorization to use bromoxynil on BXN(tm) cotton.
Rather, EPA has the responsibility for ensuring that any
uses of herbicide will not cause unreasonable adverse
effects on the environment within the context of FIFRA.
Approval by EPA of a particular label condition for a
pesticide is granted when, under the specified conditions of
use, it will not generally cause such effects. EPA
considers both human health and safety as well as nontarget
effects of both the herbicide and its breakdown products in
making a decision on registration of an herbicide. The
potential issuance by EPA of a new label for use of the
herbicide bromoxynil on BXN(tm) cotton and the determination
by APHIS regarding the cotton itself are separate decisions,
under consideration by different agencies based on distinct
regulations under unrelated legal authorities in response to
requests from two separate corporate entities.
APHIS has also considered potential effects of the
cultivation of BXN(tm) cotton outside the United States. A
general consideration of this topic indicates to us that
there are no necessary impacts on cotton diversity
occasioned by this determination to allow the cultivation,
without permit, of BXN(tm) cotton in the United States. Even
if BXN(tm) cotton were to be cultivated in agricultural regions
around centers of cotton diversity, it seems extremely
unlikely that BXN(tm) cotton would have any effect on wild
progenitors of cultivated cotton. The herbicide bromoxynil
is generally used only in agricultural contexts rather than
on uncultivated land, and there is no reason to believe that
the bromoxynil resistance trait would impart any selective
advantage to a recipient plant in the absence of bromoxynil
application. In any event, there is already considerable
cultivation of nontransgenic cotton around most centers of
cotton diversity. The major threat to many relatives of
cotton appears to be habitat destruction (Fryxell, 1979).
Therefore, this topic will not be discussed in any greater
detail. We would, however, note these additional facts:
(1) crop plants and seeds exported from the United States,
whether transgenic or nontransgenic varieties, are still
subject to the phytosanitary restrictions of the importing
nation; (2) APHIS has no jurisdiction over agricultural
practices in foreign nations and our action does not
constitute approval for field testing or commercialization
of this cotton in any other nation; (3) foreign laws
restricting or regulating field testing and/or commerce with
transgenic cotton are unaffected by our action; and (4)
APHIS has no jurisdiction over approval for the use of
bromoxynil on cotton plants in foreign nations. Scenarios
in which an impact of BXN(tm) cotton on wild cotton varieties
is envisioned depend, at a minimum, on a biologically
unlikely scenario coupled with a failure of regulatory
oversight in a foreign nation.
V. Potential Environmental Impacts
Potential impacts to be addressed in this EA are those that
pertain to the use of BXN(tm) cotton in the absence of
confinement.
Potential impacts based on increased weediness of BXN(tm)
cotton relative to traditionally bred cotton
Almost all definitions of weediness stress as core
attributes the undesirable nature of weeds from the point of
view of humans; from this core, individual definitions
differ in approach and emphasis (Baker, 1965; de Wet and
Harlan, 1975; Muenscher, 1980). In further analysis of
weediness, Baker (1965) listed 12 common weed attributes,
almost all pertaining to sexual and asexual reproduction,
which can be used as an imperfect guide to the likelihood
that a plant will behave as a weed. Keeler (1989) and
Tiedje et al. (1989) have adapted and analyzed Baker's list
to develop admittedly imperfect guides to the weediness
potential of transgenic plants; both authors emphasize the
importance of looking at the parent plant and the nature of
the specific genetic changes.
The parent plant in this petition, G. hirsutum, does not
show any appreciable weedy characteristics. The genus also
seems to be devoid of any such characteristics; although
some New World cottons show tendencies to weediness
(Fryxell, 1979; Haselwood et al., 1983), the genus shows no
particular weedy aggressive tendencies. The standard texts
and list of weeds give no indication that cotton is clearly
regarded as a weed anywhere (Holm et al., 1979; Muenscher,
1980; Reed, 1970; Weed Science Society of America, 1989).
Any reports that cottons behave as a weed are rare and
anecdotal, and vague as to the nature of the problem.
The relevant introduced trait, bromoxynil tolerance, is
unlikely to increase weediness of this cotton. Bromoxynil
would not be applied on BXN(tm) cotton for the purpose of
controlling the cotton itself, but rather for controlling
unrelated weeds in the field. To increase weediness of the
cotton plant there would have to be selection pressure on
BXN(tm) cotton (Tiedje et al., 1989; Office of Technology
Assessment, 1988) associated with bromoxynil use on it.
Because bromoxynil will not affect the survival of BXN(tm)
cotton and because G. hirsutum is not itself weedy, this
type of selection pressure does not now and is unlikely ever
to exist. Even if such bromoxynil-resistant weedy plants did
exist, bromoxynil treatment would not be the control method
of choice; many other methods of control would be readily
available.
A review of other new traits, besides bromoxynil resistance,
that may be present in the transgenic plant shows no
likelihood to increase weediness potential. None of these
traits is in any way related to characteristics associated
with weediness.
No other variation seen in BXN(tm) lines is indicative of
increased weediness. Calgene's data from greenhouse studies
show a variation in germination rates among transgenic seed
lines but no evidence of specific changes in the rate from
parent to transgenic plant. Calgene's burial study shows no
obvious increase in volunteer plants from buried seeds. In
addition, Calgene's field reports show no obvious increase
in volunteers from seed, regrowth from stubble, or increase
in seed dormancy. Calgene does report on lint
characteristics which may suggest a decrease in seed size.
If such a decrease does indeed exist, APHIS believes that no
competitive advantage affecting weediness would be conferred
on the transgenic plants by this change. Calgene has
correctly argued, APHIS believes, that a relationship
between seed size and increase in weediness potential should
only apply in small-seeded crops, in which seed dispersal is
affected by factors like wind, and not in large-seeded crops
like cotton.
Potential impacts from pollen escape and outcrossing of BXN(tm)
cotton with wild relatives
None of the relatives of cotton found in the United States
(G. barbadense, G. thurberi, and G. tomentosum) shows any
definite weedy tendencies.
Successful sexual transmission of genetic material via
pollen is possible only to certain cotton relatives. In the
United States, the compatible species are G. hirsutum (wild
or under cultivation), G. barbadense (cultivated Pima
cotton), and G. tomentosum.
BXN(tm) cotton is chromosomally compatible with wild G.
hirsutum. However, according to Dr. Paul Fryxell of Texas
A&M University (personal communication), a leading authority
on the systematics and distribution of Gossypieae, wild
cottons are found only in southern Florida (virtually
exclusively in the Florida Keys), whereas cultivated cottons
are found in northernmost portions of the State. Other wild
G. hirsutum found around the Gulf of Mexico is to be found
along the Mexican coast, largely along the Yucatan, and
populations do not extend as far north as the Texas border.
G. hirsutum has also been grown in several U.S. Territories
and Possessions, and may even to a greater or lesser degree
be spontaneous or naturalized in places such as the Northern
Mariana Islands, Puerto Rico, and the Virgin Islands.
However, there are no peculiarities of cotton in these areas
that would require unique review. Even if the
nonagricultural land containing any wild cotton populations
were near sites of commercial cotton production, there would
be no significant impacts, APHIS believes, because: (1) any
potential effects of the trait would not alter the weediness
of the wild cotton; and (2)
wild cotton populations have not been actively protected,
but have in fact been, in some locations such as Florida,
subject in the past to Federal eradication campaigns,
because they can serve as potential hosts for the boll
weevil, Anthonomus grandis Boh.
Gossypium thurberi, the wild relative found in Arizona, is
not compatible with pollen from G. hirsutum, so that BXN(tm)
cotton can have no effect on this species. Movement to G.
hirsutum and G. barbadense is possible if suitable insect
pollinators are present, and if there is a short distance
from transgenic plants to recipient plants. Any physical
barriers, intermediate pollinator-attractive plants, and
other temporal or biological impediments would reduce the
potential for pollen movement.
Movement of genetic material to G. tomentosum is more
speculative. The wild species is chromosomally compatible
with G. hirsutum, but there is uncertainty about the
possibility for pollination. The flowers of G. tomentosum
seem to be pollinated by moths, not bees, and they are
reportedly receptive at night, not in the day. Both these
factors greatly lessen the possibility of cross-pollination.
There have been reports based on morphological suggestions
(Stephens, 1964; Fryxell, 1979) that G. tomentosum may be
losing its genetic identity from hybridization with
cultivated cottons by unknown means. However, the most
recent data, from DeJoode and Wendel (1992), indicate that
despite the morphological suggestion of such hybrid
populations, biochemical (allozyme) studies show no evidence
of any such changes. Major factors influencing the survival
of G. tomentosum are construction and urbanization, i.e.,
habitat destruction (Fryxell, 1979). APHIS believes that it
is these factors, rather than gene movement from cultivated
cottons, that are of real significance to this species.
Cotton lines bred by traditional means, which should be no
more or less likely to interbreed with G. tomentosum than
BXN(tm) cotton, are not considered to pose a threat to the wild
cotton and are not subject to particular State or Federal
regulation on this basis. Neither the weediness nor the
survival of G. tomentosum will be affected by the
cultivation of BXN(tm) cotton, based on the facts that: the
transgenic variety poses no increased weediness itself; the
two species are unlikely to successfully cross in nature;
and the added traits will confer no selective advantage in
the wild species habitat.
In contrast to the situation with G. tomentosum, gene
movement from G. hirsutum to G. barbadense is widespread in
advanced cultivated stocks. However, it is conspicuously
low or absent in material derived from natural crosses such
as that from Central America or the Caribbean where G.
hirsutum and G. barbadense grow together. The absence of
natural introgression may be caused by any one of several
isolating mechanisms of pollination, fertilization, ecology,
gene incompatibility, or chromosome incompatibility (Percy
and Wendel, 1990). Movement of gene material from BXN(tm)
cotton to cultivated or occasional noncultivated G.
barbadense would therefore not likely occur at a high level.
Any movement of genetic material from BXN(tm) cottons into G.
barbadense is
likely to be the result of intentional breeding practice
rather than accidental crossing. Even if such movement did
occur, it would not offer the progeny any clear selective
advantage over the parents in the absence of sustained
bromoxynil use.
Should a movement of genetic material take place to these
receptive plants and bromoxynil resistance be transferred,
no competitive advantage would be conferred, because
bromoxynil is not used with these plants when they are found
in nonagricultural areas. In agricultural areas, such
plants would be controlled by normal agronomic practices.
Therefore, the presence of an occasional bromoxynil-tolerant
relative of BXN(tm) cotton should pose no significant impact
to the environment.
Potential impact on nontarget organisms, including
beneficial organisms such as bees and earthworms
There is no reason to believe that deleterious effects or
significant impacts on nontarget organisms, including
beneficial organisms, would result from the cultivation of
BXN(tm) cotton. The novel proteins that will be expressed in
BXN(tm) cotton are not known to have any toxic properties. The
lack of known toxicity for these proteins and the low levels
of expression in plant tissue suggest no potential for
deleterious effects on beneficial organisms such as bees and
earthworms. The narrow range of substances that can act as
substrates for these two enzymes suggests that it is
unlikely that they would act on any endogenous substance in
any organism that might eat BXN(tm) cotton in the field to
produce novel compounds toxic to it. APHIS has not
identified any other potential mechanisms for deleterious
effects on beneficial organisms. In addition, there is no
reason to believe that the presence of BXN(tm) cotton would
have any effect on any other threatened or endangered
species in the United States.
VI. Consideration of Alternatives
Based on the information Calgene has provided regarding the
properties of the BXN(tm) cotton lines it has developed and
other information from other sources, APHIS has identified
no significant impact to the environment from issuance of a
determination that BXN(tm) cotton poses no potential for plant
pest risk that would justify denying Calgene's petition.
Accordingly, alternative (1) is rejected.
Calgene has provided data that substantiates that the
properties of cotton lines that fit the definition of BXN(tm)
cotton and that have been developed to date, exhibit a level
of variability consistent with that of traditional cotton
varieties. It is expected that the progeny of these cotton
lines will exhibit similar levels of variability. It is not
unlikely that similar properties will be exhibited by new
cotton lines that may be developed in the future that fit
the definition of BXN(tm) cotton. However, APHIS believes that
it is prudent to require information to corroborate that new
cotton lines do not exhibit unexpected properties. (As
experience with such organisms increases, such verification
may cease to be essential in the future.) Accordingly,
alternative (2) is rejected.
APHIS has identified no factors that would suggest any
likelihood of impacts to the environment of the United
States but outside the continental United States. While
isolated environments, such as are found in Hawai'i or in
territories or possessions of the United States, have
fragile ecologies that have frequently been damaged through
human intervention, APHIS has determined that BXN(tm) cotton
will have impacts no different from traditional cotton
varieties that are not subject to petition requirements
under 7 CFR Part 340 before they enter agriculture.
Accordingly, alternative (4) is rejected and alternative (3)
is adopted.
VII. Summary
In accordance with the requirements of NEPA, APHIS has
considered the potential for significant impact on the
environment of a proposed action, i.e, reaching the
determination that lines of BXN(tm) cotton, that have been
field tested under permit prior to submission of petition
P93-196-01 to APHIS, have no potential to pose a plant pest
risk and should no longer be considered regulated articles
under the regulations at 7 CFR Part 340. After careful
analysis of the available information, APHIS concludes that
its proposed action should present no significant impact on
the environment. This conclusion is based on factors
discussed herein or in the determination included in the
appendix, as well as the following factors:
1. A gene that confers tolerance to the herbicide
bromoxynil and a marker gene that confers resistance to the
antibiotic kanamycin have been inserted into a cotton
chromosome in cotton lines denoted BXN(tm) cotton. In nature,
chromosomal genetic material from plants can only be
transferred to another sexually compatible flowering plant
by cross-pollination. The sexually compatible species in
the United States are Gossypium hirsutum (i.e., other
cultivated cotton or wild cotton), G. tomentosum, and G.
barbadense.
2. Neither the gene that confers tolerance to the herbicide
bromoxynil nor the gene that confers kanamycin resistance,
nor the gene product of either gene, nor their associated
regulatory sequences, confers on BXN(tm) cotton any plant pest
characteristic.
3. In nature, the gene that confers tolerance to the
herbicide bromoxynil will not provide the BXN(tm) cotton plants
with any measurable selective advantage over nontransformed
cotton plants in their ability to disseminate or to become
established in the environment. There is no reason to
believe that BXN(tm) cotton exhibits any increased weediness
relative to that of traditional varieties.
4. There is no reason to believe that the use of BXN(tm)
cotton in agriculture will lead to an increase in weediness
in any plant with which it can successfully interbreed.
5. There is no reason to believe that the use of BXN(tm)
cotton in agriculture will have a significant impact on any
beneficial organisms in the environment, or on any
threatened or endangered species.
VIII. Literature Cited
Baker, H. G. 1965. Characteristics and Modes of Origin of
Weeds. In: Baker, H. G., Stebbins, G. L., eds. The
Genetics of Colonizing Species. pp. 147-172. Academic
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IX. Preparers and Reviewers
Office of the Administrator
Terry L. Medley, J.D., Acting Associate Administrator
Animal and Plant Health Inspection Service
Biotechnology, Biologics, and Environmental Protection
John H. Payne, Ph.D., Acting Director
Biotechnology Permits
Arnold Foudin, Ph.D., Deputy Director
Subhash Gupta, Ph.D., Staff Biotechnologist
David S. Heron, Ph.D., Staff Biotechnologist
Catherine Joyce, Ph.D., Staff Biotechnologist (Preparer)
James Lackey, Ph.D., Biological Safety Officer (Preparer)
Sivramiah Shantharam, Ph.D., Chief, Microorganisms Branch
Sally L. Van Wert, Ph.D., Staff Biotechnologist
James L. White, Ph.D., Chief, Plants Branch
Biotechnology Coordination and Technical Assistance
Michael A. Lidsky, J.D., LL.M., Deputy Director
Shirley P. Ingebritsen, M.A., Program Analyst
L. Val Giddings, Ph.D., Chief, Science Policy Coord. Branch
Michael Schechtman, Ph.D., Senior Microbiologist (Chief
Preparer)
Frank Y. Tang, Ph.D., J.D., Biotechnologist
X. Agency Contact
Ms. Kay Peterson, Regulatory Assistant
Biotechnology, Biologics, and Environmental Protection
USDA, APHIS
6505 Belcrest Road
Hyattsville, MD 20782
Phone: (301) 436-7601
Fax: (301) 436-8669