[Federal Register Volume 59, Number 4 (Thursday, January 6, 1994)]
[Rules and Regulations]
[Page 655]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-201]


  Federal Register / Vol. 59, No. 4 / Thursday, January 6, 1994 /
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[[Page Unknown]]

[Federal Register: January 6, 1994]


                                                     VOL. 59, NO. 4

                                          Thursday, January 6, 1994
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DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 201

[Docket No. 93-164-1]

 

Federal Seed Act Regulations

AGENCY: Animal and Plant Health Inspection Service, USDA.

ACTION: Final rule.

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SUMMARY: We are amending the Federal Seed Act regulations to remove the 
origin staining requirements for seed of alfalfa and red clover grown 
in Mexico and imported into the United States. The removal of the 
requirements is necessary to make the regulations conform to the 
amendment of the Federal Seed Act by the North American Free Trade 
Agreement Implementation Act. The effect of this action is to relieve a 
restriction on importation of alfalfa and red clover seed from Mexico.

EFFECTIVE DATE: January 1, 1994.

FOR FURTHER INFORMATION CONTACT: Ms. Polly Lehtonen, Botanist, 
Biological Assessment and Taxonomic Support, Operational Support, Plant 
Protection and Quarantine, APHIS, USDA, room 626, Federal Building, 
6505 Belcrest Road, Hyattsville, MD 20782, (301) 436-8896.

SUPPLEMENTARY INFORMATION:

Background

    We are amending the Federal Seed Act Regulations in 7 CFR part 201 
(referred to below as the regulations) by removing the requirement that 
10 percent of each container of alfalfa or red clover grown in Mexico 
be stained red.
    On December 8, 1993, President Clinton signed the North American 
Free Trade Agreement (NAFTA), to become effective January 1, 1994. To 
implement this agreement, Congress passed the North American Free Trade 
Agreement Implementation Act (the Act) (Pub. L. 103-182). The statutory 
amendments included in the Act become effective coincident with NAFTA.
    The amendment in this final rule is mandated by section 361(a) of 
the Act, which amended section 302(e)(1) of the Federal Seed Act (7 
U.S.C. 1582(e)(1)) by providing that the provisions requiring certain 
seeds to be stained red shall not apply to alfalfa or red clover seed 
originating in Mexico. (See Pub. L. 103-182).
    This final rule is being taken to conform the regulations with the 
amendments to the Act, by amending Sec. 201.104 of the regulations to 
remove the origin staining requirements for seed of alfalfa and red 
clover grown in Mexico and imported into the United States.

Emergency Action

    The Administrator of the Animal and Plant Health Inspection Service 
has determined that good cause exists to publish this final rule 
without prior notice and opportunity for public comment.
    Certain regulatory actions must be taken as a result of the 
statutory amendments discussed in the ``Background,'' and must become 
effective with NAFTA to avoid inconsistency between the regulations and 
their statutory authority. Removal of the origin staining requirement 
for alfalfa and red clover seed imported from Mexico is one of the 
regulatory changes that must become effective at the same time as NAFTA 
and the Act to avoid this conflict.
    This action relieves a restriction on the importation of alfalfa 
and red clover seed from Mexico. Since prior notice and other public 
procedures with respect to this final rule are impracticable, 
unnecessary, and contrary to the public interest, and since this 
regulatory change is mandated by Congress, there is good cause under 5 
U.S.C. 553 for making this final rule effective as of January 1, 1994.

Executive Order 12866 and Regulatory Flexibility Act

    This final rule has been reviewed under Executive Order 12866.
    The Act, as amended, removes the requirement that alfalfa and red 
clover seed that is imported from Mexico be stained red. This final 
rule conforms the regulations to the Act. We have no record of any 
alfalfa or red clover having been imported from Mexico in the past 5 
years, and we anticipate no importations in the foreseeable future.
    Under these circumstances, the Administrator of the Animal and 
Plant Health Inspection Service has determined that this action will 
not have a significant economic impact on a substantial number of small 
entities.

Executive Order 12278

    This rule has been reviewed under Executive Order 12778, Civil 
Justice Reform. This rule: (1) Preempts all State and local laws and 
regulations that are inconsistent with this rule; (2) has no 
retroactive effect; and (3) does not require administrative proceedings 
before parties may file suit in court challenging this rule.

Paperwork Reduction Act

    This rule contains no information collection or recordkeeping 
requirements under the Paperwork Reduction Act of 1980 (44 U.S.C. 3501 
et seq.).

List of Subjects in 7 CFR Part 201

    Advertising, Agricultural commodities, Imports, Labeling, Reporting 
and recordkeeping requirements, Seeds, Vegetables.

    Accordingly, 7 CFR part 201 is amended as follows:

PART 201--FEDERAL SEED ACT REGULATIONS

    1. The authority citation for part 201 continues to read as 
follows:

    Authority: 7 U.S.C. 1582.

    2. In Sec. 201.104, paragraph (a) is revised to read as follows:


Sec. 201.104  Staining of imported seed.

    (a) 10 percent of the seed in each container of the seed of alfalfa 
or red clover grown in any foreign country other than the countries of 
South America, Canada, and Mexico shall be stained red.
* * * * *
    Done in Washington, DC, this 30th day of December 1993.
Patricia Jensen,
Acting Assistant Secretary, Marketing and Inspection Services.
[FR Doc. 94-201 Filed 1-5-94; 8:45 am]
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