[Federal Register Volume 60, Number 64 (Tuesday, April 4, 1995)]
[Rules and Regulations]
[Page 16979]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8096]



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 Rules and Regulations
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  Federal Register / Vol. 60, No. 64 / Tuesday, April 4, 1995 / Rules 
and Regulations  
[[Page 16979]]

DEPARTMENT OF AGRICULTURE

Animal and Plant Health Inspection Service

7 CFR Part 201

[Docket No. 95-004-1]


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 
staining requirements for seed of alfalfa and red clover 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 
Uruguay Round Agreements Act. This action relieves a restriction on the 
importation of alfalfa and red clover seed into the United States.

EFFECTIVE DATE: April 4, 1995.

FOR FURTHER INFORMATION CONTACT: Ms. Polly Lehtonen, Botanist, 
Biological Assessment and Taxonomic Support, Operational Support, Plant 
Protection and Quarantine, APHIS, USDA, 4700 River Rd., Unit 133, 
Riverdale, MD 20737-1228, (301) 734-8896.

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 provisions 
concerning staining of seed of alfalfa and red clover imported into the 
United States.
    Legislation implementing the Uruguay Round of the General 
Agreements on Tariffs and Trade (referred to below as the Uruguay Round 
Agreements Act), Pub. L. 103-465, amended the Federal Seed Act by 
removing staining requirements in 7 U.S.C. 1581, 1582, 1585, and 1586 
for seed imported into the United States. As a result, the Animal and 
Plant Health Inspection Service no longer has authority to require such 
staining under the regulations.
    We are, therefore, amending the regulations by removing 
Secs. 201.104 through 201.106, which contain provisions for staining. 
As a result of this action, no seeds of red clover and alfalfa imported 
into the United States for propagation will need to be stained prior to 
entry.

Immediate 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.
    The staining requirements for seed of alfalfa and red clover 
imported into the United States must be removed as a result of the 
statutory amendments discussed above.
    This action relieves a restriction on the importation of alfalfa 
and red clover seed into the United States. 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 upon 
publication.

Executive Order 12866 and Regulatory Flexibility Act

    This rule has been reviewed under Executive Order 12866. The rule 
has been determined to be not significant for purposes of Executive 
Order 12866 and, therefore, has not been reviewed by the Office of 
Management and Budget.
    This final rule removes the staining requirement for alfalfa and 
red clover seed that is imported into the United States. This action 
will save importers of alfalfa seed and red clover seed from certain 
countries the relatively small cost of staining the seed.
    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.

PART 201--[AMENDED]

    2. Part 201 is amended by removing Secs. 201.104, 201.105, and 
201.106, and redesignating Secs. 201.107, 201.108, and 201.109 as 
Secs. 201.104, 201.105, and 201.106, respectively.

    Done in Washington, DC, this 28th day of March 1995.
Terry L. Medley,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 95-8096 Filed 4-3-95; 8:45 am]
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