The Holy Grail of plant, genetic Engineering: De-weaponized Agrobacteria, that is with its oncogenes removed, is considered a genetically modified organism and is regulated by the USDA, when it crosses state lines.
Agrobacteria is a rather commonly used vector for genetic engineering. This whole process has been rather difficult, so I decided to add this blog to help others who may be thinking of getting into genetic engineering of plants.
In order to get Agrobacteria you have to go through a relatively lengthy process first by getting an APHIS level 2 account, which means you have to personally show up at a registered USDA office and show them your identification, so they know who you are.
After several emails I recieved this via the Biotechnology Regulatory Services (BRS):
“Thank you for contacting APHIS’ Biotechnology Regulatory Services (BRS). BRS regulates genetically engineered organisms (GE) that may pose a pest risk to plants. If the Agro is genetically engineered, you will need a BRS permit. You can learn more and apply online at: https://www.aphis.usda.gov/aphis/ourfocus/biotechnology/permits-notifications-petitions. For additional information, please see the Permit User’s Guide at: https://www.aphis.usda.gov/biotechnology/downloads/permit_guidance.pdf.”
Now the Permit User’s Guide is helpful and has many examples in the appendix.
I was confused as to after I had applied for a BRS permit, if I needed them to inspect my organization (Dallas Maker Space) or not, their answer:
“You will need just the BRS permit. Once you submit the permit application with your data, our biotechnologists will determine whether you need an inspection and provide that information to you.”
Before you start filling out the BRS form in epermit website, you need
(1) to have an organization, its address and person of responsibility who is going to send you the bacteria;
(2) you will also need to be able to define the genes and vectors you intend on using.
Once you have made the necessary contacts, go to here to start your account.
Once you log in click Create\Renew\Amend
a 
If you don’t finish it the first time (you won’t) you can continue by clicking “My Application”
Click this link to get a document I created to help you get through the APHIS BRS permit appliation, it is a step by step screen shot of the process.
Thanks to Cory Tobin, Colleen Wood of BRS and the DIYBIO community for their help.
Josh Melnick's Biology Blog 