[Federal Register Volume 61, Number 3 (Thursday, January 4, 1996)]
[Rules and Regulations]
[Pages 247-248]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-75]



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 Rules and Regulations
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  Federal Register / Vol. 61, No. 3 / Thursday, January 4, 1996 / Rules 
and Regulations  

[[Page 247]]


DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 97

[Docket No. SD-95-001]
RIN 0581-AB39


Plant Variety Protection Regulations

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Department of Agriculture is adopting as a final rule, 
with minor changes, the interim final rule that revised the Plant 
Variety Protection Regulations to conform to changes made in the Plant 
Variety Protection Act (PVPA). The changes will add an additional 
language option to the marking and labeling provisions for varieties 
that have an application pending or have received a certificate of 
protection. Other changes correct outdated information and provide 
consistency in language.

EFFECTIVE DATE: January 4, 1996.

FOR FURTHER INFORMATION CONTACT: Marsha A. Stanton, Commissioner, Plant 
Variety Protection Office, Telephone: (301)504-5518, FAX (301)504-5291.

SUPPLEMENTARY INFORMATION:

I. Executive Order 12866; Executive Order 12778

    This final rule has been reviewed under Executive Order 12866. The 
rule has been determined to be not significant for the purposes of 
Executive Order 12866, and, therefore, has not been reviewed by the 
Office of Management and Budget.
    This rule has also been reviewed under Executive Order 12778, Civil 
Justice Reform. This action is not intended to have retroactive effect. 
This rule will not preempt any State or local laws, regulations, or 
policies, unless they present an irreconcilable conflict with this 
rule. There are no administrative procedures which must be exhausted 
prior to any judicial challenge to the provisions of this rule.

II. Regulatory Flexibility Act

    The Administrator, Agricultural Marketing Service, has determined 
that this action will not have a significant economic impact on a 
substantial number of small entities as defined by the Regulatory 
Flexibility Act (5 U.S.C. 601-612). The fees provided for in this 
document merely reflect a minimal increase in the costs currently borne 
by those entities which utilize Plant Variety Protection services.

III. Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1980 (44 U.S.C. 
3501 et seq.) the information collection requirements included in 7 CFR 
Part 97 have been approved previously by the Office of Management and 
Budget and have been assigned OMB control number 0581-0055.

IV. Background Information

    The Plant Variety Protection Act (7 U.S.C. 2321 et seq.) (PVPA) 
authorizes the Secretary to issue Certificates of Plant Variety 
Protection which afford variety ownership rights similar to patent 
rights. As a member of the International Union for the Protection of 
New Varieties of Plants (UPOV) the United States participated in 
negotiations which resulted in the March 19, 1991 UPOV Convention. The 
PVPA was amended on October 6, 1994 to conform to the new UPOV 
Convention and the amendments became effective on April 4, 1995. The 
interim rule amending 7 CFR part 97 was published at 60 FR 17188 on 
April 4, 1995 with a request for comments.
    One hundred four comments were received. The majority of comments 
recommended a change to Sections 97.140 and 97.141, which cover 
optional marking and labeling provisions for varieties that have an 
application pending or have received a certificate of protection. Under 
the current regulations the labeling change suggested in the comments 
could be stated; but, because of the number of comments, a specific 
change to the final rule has been made. The final rule specifies that 
owners may label varieties pending or granted protection under the 1994 
revisions with ``PVPA 1994--Unauthorized Sales for Reproductive 
Purposes Prohibited''.
    Seven other non-substantive changes in the final rule have been 
made. The following paragraphs outline the changes which were made to 
correct grammar, provide consistency, or remove outdated references.
    References to the Science Division in Sections 97.2 and 97.5(c) 
have been changed to ``Science and Technology Division'' to reflect the 
division's name change which was effective Oct. 1, 1995.
    Section 97.3(c) is revised to correct the reference to the Federal 
Seed Act. The obsolete Public Law number, P.L. 92-463, is removed. 
Reference to the Federal Seed Act by name is maintained.
    An outdated phone number is removed from second sentence of 
footnote referred to in Section 97.5(b)(4). The phone number will not 
be published as part of the regulations due to the difficulty of 
corrections if the phone number changes.
    In Section 97.6, which deals with the requirement that the 
application must be accompanied by a seed sample or verification that a 
viable cell culture will be deposited in a public depository, is 
revised by adding language to require verification of deposit of self-
sterile (self-incompatible) parents of hybrids. The PVPA requires 
deposition of viable seed or any propagating material necessary to 
reproduce the variety. The extension of protection to tuber-propagated 
and first generation hybrid varieties requires deposition of material 
other than basic seed. Deposition of propagating material for tuber 
crops was added in the interim final rule; however, language pertaining 
to hybrids whose parents are self-sterile was inadvertently omitted. 
The modification to the final rule will make deposit of material to 
propagate these varieties consistent with that for other types of 
varieties.
    Section 97.19 is revised for grammatical purposes. The second 
occurrence of ``the'' is removed.
    Section 97.21 is revised to be consistent with other sections of 
the rule requiring a payment of fee. A fee for extensions was added in 
the interim rule in section 97.15.
    Finally, the authority citation is revised and simplified.
    Pursuant to 5 U.S.C. 553, it is found that good cause exists for 
not 

[[Page 248]]
postponing the effective date of this rule until 30 days after 
publication in the Federal Register because (1) the interim rule was 
published in the Federal Register for public comment, (2) the changes 
made in this final action are for clarity and are considered non-
substantive, and (3) no useful purpose would be accomplished in 
delaying the effective date of this action.

List of Subjects in 7 CFR Part 97

    Novel Seed variety certification, Plant variety and protection.
    Accordingly the interim rule amending 7 CFR Part 97, which was 
published at 60 FR 17188 on April 4, 1995, is adopted as a final rule 
with the following changes:

PART 97--PLANT VARIETY AND PROTECTION

    1. The authority citation for Part 97 is revised to read as 
follows:

    Authority: Plant Variety Protection Act, as amended, 7 U.S.C. 
2321 et seq.; and Sec. 14, Plant Variety Protection Act amendments 
of 1994, 7 U.S.C. 2401 note.

    2. In Sec. 97.2, the definition for Office or Plant Variety 
Protection Office is revised to read as follows:


Sec. 97.2  Meaning of words.

* * * * *
    Office or Plant Variety Protection Office. The Plant Variety 
Protection Office, Science and Technology Division, AMS, USDA.
* * * * *


Sec. 97.3  [Amended]

    3. In Sec. 97.3, paragraph (c), the words ``(Pub. L. 92-463)'' are 
removed.
    4. In Sec. 97.5, paragraph (b)(4), footnote number (1) is revised 
to read as follows:


Sec. 97.5  General requirements.

* * * * *

    \1\ Copies and translations of foreign laws and regulations will 
be requested only if they are not in the files of the Plant Variety 
Protection Office. Applicants may learn whether such a request will 
be made by writing to the address given in paragraph (c) of this 
section.


Sec. 97.5  [Amended]

    5. In Sec. 97.5(c), the second sentence is amended by adding the 
words ``and Technology'' after the word ``Science''.
    6. In Sec. 97.6, paragraph (d) is revised to read as follows:


Sec. 97.6  Application for certificate.

* * * * *
    (d) The applicant shall submit with the application:
    (1) At least 2,500 seeds of the viable basic seed required to 
reproduce the variety;
    (2) With the application for a tuber propagated variety, 
verification that a viable cell culture has been deposited in a public 
depository approved by the Commissioner and will be maintained for the 
duration of the certificate; or
    (3) With the application for a hybrid from self-incompatible 
parents, verification that a plot of vegetative material for each 
parent has been established in a public depository approved by the 
Commissioner and will be maintained for the duration of the 
certificate.


Sec. 97.19  [Amended]

    7. In Sec. 97.19, the introductory text is amended by removing 
``the'' after the words ``Journal shall show''.


Sec. 97.21  [Amended]

    8. In Sec. 97.21, the second sentence is amended by adding the 
words ``and appropriate fee'' immediately following the words ``A 
request for extension''.
    9. In Sec. 97.140, the last sentence is revised to read as follows:


Sec. 97.140  After filing.

* * * * *
Where applicable, ``PVPA 1994'' or ``PVPA 1994--Unauthorized Sales for 
Reproductive Purposes Prohibited'' may be added to the notice.
    10. In Sec. 97.141, the last sentence is revised to read as 
follows:


Sec. 97.141  After issuance.

* * * * *
Where applicable, ``PVPA 1994'' or ``PVPA 1994--Unauthorized Sales for 
Reproductive Purposes Prohibited'' may be added to the notice.

    Dated: December 27, 1995.
Kenneth C. Clayton,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 96-75 Filed 1-3-96; 8:45 am]
BILLING CODE 3410-02-P