[Federal Register Volume 63, Number 202 (Tuesday, October 20, 1998)]
[Proposed Rules]
[Pages 55964-55971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-27590]


 ========================================================================
 Proposed Rules
                                                 Federal Register
 ________________________________________________________________________
 
 This section of the FEDERAL REGISTER contains notices to the public of 
 the proposed issuance of rules and regulations. The purpose of these 
 notices is to give interested persons an opportunity to participate in 
 the rule making prior to the adoption of the final rules.
 
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 

  Federal Register / Vol. 63, No. 202 / Tuesday, October 20, 1998 / 
Proposed Rules  

[[Page 55964]]


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DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Part 201

[No. LS-94-012]
RIN 0581-AB55


Amendments to Regulations Under the Federal Seed Act

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Proposed rule and notice of hearing.

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

SUMMARY: The Agricultural Marketing Service (AMS) is proposing to 
revise the Federal Seed Act (FSA) regulations. The changes would 
designate seeds of species listed in the Federal Noxious Weed Act 
(FNWA) as noxious and prohibit the shipment of agricultural and 
vegetable seeds containing them, add two kinds to the list of those 
subject to the FSA, update the seed testing regulations, update the 
seed certification regulations, and correct several minor errors. The 
noxious-weed seeds are being added to help prevent the spread of these 
highly destructive weeds. Adding two kinds, creeping foxtail and 
flatpea, make them subject to the same truthful labeling requirements 
as other seeds moving in interstate commerce. Updating the seed testing 
and seed certification regulations would incorporate the latest in seed 
testing and seed certification knowledge and prevent potential 
conflicts with State regulations.

DATES: Comments must be received by December 21, 1998 to be assured of 
consideration. Public Hearing December 2, 1998, 10:00 a.m., Room 2096 
South Agriculture Building, 14th and Independence, Washington, D.C.

ADDRESSES: Interested persons are invited to submit written comments 
concerning this proposed rule. Send comments to James P. Triplitt, 
Chief, Seed Regulatory and Testing Branch, Livestock and Seed Program, 
AMS, USDA, Room 209, Building 306, BARC-E., Beltsville, Maryland 20705-
2325. Comments will be available for public inspection during regular 
business hours in Room 209, Building 306, BARC-E., Beltsville, 
Maryland. The public hearing will be held on December 2, 1998, at 10:00 
a.m. in Room 2096, South Building, United States Department of 
Agriculture, 14th and Independence Avenue, SW., Washington, D.C.

FOR FURTHER INFORMATION CONTACT: James P. Triplitt, Chief, Seed 
Regulatory and Testing Branch, Livestock and Seed Program, AMS, Room 
209, Building 306, BARC-E., Beltsville, Maryland 20705-2325 Telephone 
(301) 504-9430, FAX (301) 504-5454.

SUPPLEMENTARY INFORMATION:

Executive Order 12866

    This proposed 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.

Executive Order 12988

    The proposed rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. It is not intended to have a retroactive effect. 
The rule would not preempt any State or local laws, regulations, or 
policies unless they present an irreconcilable conflict with this rule.
    There are no administrative procedures that must be exhausted prior 
to judicial challenge to the provision of this rule.

Regulatory Flexibility Act

    The Administrator, AMS, has certified that this action would not 
have a significant impact on a substantial number of small entities as 
defined in the Regulatory Flexibility Act. Many small entities ship 
seed in interstate commerce. There are about 3,000 interstate shippers. 
We estimate that about ninety percent of the interstate shippers are 
small entities. However, all shippers including small entities, usually 
package and label seed to comply with both the FSA and State seed laws. 
The testing requirements of the State laws are similar to those of the 
FSA. Therefore, a single test can give information to comply with both 
State seed laws and the FSA. Changes to the seed testing and seed 
certification regulations would reconcile State and Federal seed 
testing and seed certification procedures. Using similar testing 
procedures reduces the burden on small entities shipping seed in 
interstate commerce because a test used for interstate commerce could 
also be used in intrastate commerce. Adding a list of seeds that are 
noxious in seed shipped in interstate commerce would add some costs for 
seed testing. We estimate that the total cost to the industry for 
testing and labeling would be approximately $12,000. ((Assuming a 
$40.40 service testing fee (7 CFR part 75) and 285 hours in connection 
with testing and labeling.)) The added cost will be small because all 
seed must be examined for noxious-weed seed to comply with other 
sections of the FSA as well as state laws. The FSA requires that seed 
shipped in interstate commerce comply with the noxious-weed seed 
requirements of that State into which the seed is shipped. Therefore, 
any examination for the species being added will be done when the seed 
is examined for State noxious-weed seeds.
    Also, much of the seed handled by small entities is already tested 
by their suppliers. There would be no effect on the competitive 
position of small entities in relation to larger entities since both 
would have to comply with the same regulations.

Paperwork Reduction Act

    We estimate a small increase to the previously approved information 
collection requirements of the FSA regulations. Some seed will be 
tested to determine the presence or absence of the FNWA species 
designated as noxious. Not all shipments will be examined specifically 
for these added noxious-weed seeds because they are so rarely present 
in seed. Also, many interstate shipments will not be tested because 
they involve seed that has already been tested and shipped in 
interstate or intrastate commerce and is subsequently reshipped to 
another interstate location without being retested. When seed is 
tested, the test made for the added noxious-weed seeds will be made 
concurrently with the test to determine compliance with the FSA 
requirement that seed is labeled to comply with the noxious-weed seed 
laws and regulations of the state into which the seed is being shipped. 
We estimate that the additional time

[[Page 55965]]

required for testing will average no more than five minutes per test 
and that about one fourth of all shipments will be tested. Therefore, 
the time for testing and labeling seed previously estimated at 2.5 
hours per response will be 2.52 hours per response increasing the total 
burden by 285 hours.
    Title: Federal Seed Act Program.
    OMB Number: 0581-0026.
    Expiration Date of Approval: July 30, 2001.
    Type of Request: Revision of currently approved information 
collection.
    Abstract: This information collection is necessary for the conduct 
of the FSA program with respect to certain testing, labeling, and 
recordkeeping requirements of agricultural and vegetable seeds.
    Estimate of Burden: Public reporting burden for this collection of 
information is estimated to average 2.08 hours per response.
    Respondents: Interstate shippers of seed.
    Estimated Number of Respondents: 3,208.
    Estimated Number of Responses per Respondent: 5.56.
    Estimated Total Annual Burden on Respondents: 37,078.
    Comments are invited on: (1) whether the proposed collection of 
information is necessary for the proper performance of the functions of 
the agency, including whether the information will have practical 
utility; (2) the accuracy of the agency's estimate of the burden of the 
proposed collection of information including the validity of the 
methodology and assumptions used; (3) ways to enhance the quality, 
utility, and clarity of the information to be collected; and (4) ways 
to minimize the burden of the collection of information on those who 
are to respond, including the use of appropriate automated, electronic, 
mechanical, or other technological collection techniques or other forms 
of information technology. Comments may be sent to James P. Triplitt, 
Chief, Seed Regulatory and Testing Branch, LS, AMS, USDA, Room 209, 
Building 306, BARC-E., Beltsville, Maryland 20705-2325. All comments 
received will be available for public inspection during regular 
business hours at the same address.
    All responses to this proposed rule will be summarized and included 
in the request for OMB approval. All comments will become a matter of 
public record.

Background

    The FSA, Title II (7 U.S.C. 1571-1575) regulates agricultural and 
vegetable planting seed in interstate commerce. Agricultural and 
vegetable seeds shipped in interstate commerce must be labeled with 
certain quality information. The labeling information and any 
advertisements pertaining to the seed must be truthful. Also, the FSA 
prohibits the shipment of agricultural seeds containing noxious-weed 
seeds that are not labeled according to, or exceed the allowable rate 
established by state law.

Noxious-Weed Seeds

    Under the Federal Noxious Weed Act (FNWA) of 1974 (7 U.S.C. 2801 
et. seq) the Secretary has identified certain noxious weeds that are 
prohibited movement into or through the United States. We are proposing 
to amend the FSA regulations to designate seeds of noxious weeds listed 
under the FNWA as noxious in agricultural and vegetable seed shipped in 
interstate commerce under the FSA. The Animal and Plant Health 
Inspection Service (APHIS) enforces both the FNWA and Title III, the 
Foreign Commerce provisions of the FSA. However, APHIS may not restrict 
the movement of the noxious weeds listed under the FNWA if found in 
seed subject to the provisions of the FSA.
    Each State has a list of weed seeds that are noxious in planting 
seed. Weed seeds that are designated noxious by each State are also 
noxious under the FSA when present in seed shipped into that State. 
Currently, neither AMS nor a State can take regulatory action when 
seeds classified as noxious under the FNWA are found in planting seed 
unless the seeds are recognized by the State law, rules, and 
regulations. Not all Federally identified noxious weeds have been 
recognized as noxious by states because the noxious weeds are not 
present in the contiguous United States. Therefore, we are proposing to 
recognize for purposes of FSA, Title II, that seeds of Federally listed 
noxious weeds under the FNWA are noxious weeds for the purpose of 
interstate shipments of seed under the FSA. By recognizing the 
Federally listed noxious weeds under the FNWA as noxious under the FSA, 
both the States and AMS can take action to prevent their spread on 
those rare occasions that they are found in planting seeds. Costly 
control and eradication of noxious weeds would not be required if 
infestations could be prevented.
    When an interstate seed shipment is inspected for regulatory 
purposes and found by official test to deviate from the labeled claim, 
the FSA regulations provide that a tolerance is applied to compensate 
for random error in sampling and testing seed. The tolerance is 
applicable to noxious-weed seeds, including those prohibited by states. 
Noxious-weed seed tolerances are given in Sec. 201.65 of the FSA 
regulations. The tolerance allows shipment of seed found by an official 
inspection to contain up to two prohibited noxious-weed seeds. The seed 
industry is accustomed to tolerances being applied to seed that is 
shipped interstate and inspected by regulatory officials.
    Because these noxious-weeds are highly destructive and the 
objective is to prevent their introduction and spread, we believe that 
except for Cuscuta spp. (dodders), the tolerance should not be applied 
to seeds of noxious weeds listed under the FNWA. Many species of dodder 
are contained in this proposal. Many other dodder species are already 
established in the United States. Seeds of most of the Cuscuta species 
are indistinguishable. Therefore, we believe the tolerance as given in 
Sec. 201.65 is appropriate for Cuscuta spp. This proposal would also 
update the scientific names for noxious-weed seeds for the District of 
Columbia to those names currently recognized by the scientific 
community.

Additional Kinds, Names

    Creeping foxtail and flatpea are added to the list of agricultural 
seeds subject to the FSA in Sec. 201.2(h). These kinds are being 
marketed in interstate commerce and testing procedures have been 
established and validated for them. Adding creeping foxtail and flatpea 
will require that changes be made in Sec. 201.46 and Sec. 201.58 to 
incorporate testing procedures for each kind. Also ``southernpea'' is 
added as an acceptable synonym for ``cowpea'' when cowpea is sold as a 
vegetable seed. ``Southernpea'' is already an acceptable synonym for 
the agricultural seed ``cowpea.'' ``Cowpea'' is a kind that is sold 
both as an agricultural seed and a vegetable seed.
    Additional changes to Sec. 201.2(h) define ``Canola'' and allow the 
use of ``Canola'' as a synonym for kinds of seed, primarily rape seeds, 
when the seed is low in erucic acid and glucosinolates. We are 
proposing the change because kinds of rape seed low in erucic acid and 
glucosinolates are commonly referred to in the trade and by farmers as 
``Canola.''

Seed Testing

    We are also updating the FSA seed testing regulations to include 
testing procedure for creeping foxtail and flatpea and to reflect 
improvements in seed testing technology and the current standards of 
usage within the industry. The Association of Official Seed Analysts 
(AOSA) has already adopted

[[Page 55966]]

most of these changes in their ``Rules for Testing Seed,'' the testing 
rules used by most State and commercial seed analysts. Including these 
changes will eliminate potential conflicts between the testing rules 
used in interstate commerce and those used by the states. This would 
eliminate the need to do separate tests to assure that seed labeling 
complies with both Federal and State laws. It would also facilitate 
seed trade and reduce cost to the seed industry and to seed buyers.
    Changes to Sec. 201.46 clarify how to calculate the weight of the 
purity working sample for mixtures of coated seed and to add testing 
procedures for creeping foxtail and flatpea. Procedures for rounding 
purity percentages are described in Sec. 201.47(c). These procedures 
specify the mathematical conventions to be followed for rounding 
figures to two decimal places and provide for adjustment of the 
percentage for the largest component in cases where the total 
percentage would not otherwise add up to 100.00. Amending Sec. 201.50 
and Sec. 201.51 make the purity separation of capsules of Juncus spp. 
consistent with other weed species requiring that all seeds in a 
capsule be weighed separately from the capsule. Currently the capsule 
of Juncus spp. is weighed as a unit. Changes to Sec. 201.55 eliminate 
germination results based on three replicates of 100 seeds each. The 
table column with the heading ``3 replicates'' is removed and the 
Explanatory Note revised to omit the reference to results based on 
three replicates. These changes would result in a test being invalid 
and require a retest if the variation between four replicates of a test 
exceeds the allowable variation. Germination tests are normally 
conducted on four replicates of 100 seeds each. Under the existing 
regulation a test can be based on three replicates when variation 
between the four replicates exceeds permitted variation. Comparative 
tests show that retest results based on four replicates are more 
accurate than results based on three replicates.
    Additional instructions for germinating flatpea are given in 
Section 201.57.
    Amendments to Sec. 201.58 define soil as an artificial planting mix 
of shredded peat moss, vermiculite, and perlite. Defining soil as 
artificial planting mix will standardize the media used for soil 
germination tests conducted in the enforcement of the FSA. In Table 1, 
germination test procedures are added for creeping foxtail and flat 
pea. Also, the germination final count for buffalograss (Buchloe 
dactyloides) is reduced to 14 days (from 28 days) and the prechill time 
reduced to 14 days (from six weeks). Crambe (Crambe abyssinica) will 
have ``B'' (between blotters) added as a substrate, 20 deg.C added as a 
temperature, and KNO3 added for testing fresh and dormant 
seed. ``TB'' (top of blotters) is added as a choice of substrata for 
Crownvetch (Coronilla varia). For Sunflower (Helianthus annuus) the 
germination temperature is changed to 20 deg.C (from 20-30 deg.C) and 
the first count changed to four days (from three days).
    Changing ``meadow foxtail'' to ``foxtails'' in Sec. 201.60 makes 
chaffy seed tolerances applicable to both ``foxtails,'' (meadow foxtail 
and creeping foxtail).
    Amending Sec. 201.65 will clarify that ``X'' is the number of seeds 
found as represented by the label and not the number per unit weight 
labeled. This change is in response to the confusing wording of this 
section.

Seed Certification

    The proposed rule will also update the Certified Seed regulations. 
Sections 201.74 and 201.75 provide that the name of each kind and 
variety would not have to be shown on the certification label of 
mixtures and seeds in small containers provided the information is 
given elsewhere on the container. This change is necessary because of 
limited space on the certification label and the limited space on small 
packages of vegetable seed. Mixtures often contain several kinds and 
varieties making it difficult to show all kinds and varieties in the 
limited space available. This information would be given in the 
analysis information. Also, the label must comply with the requirements 
of Sec. 201 of the FSA that requires the detailed labeling.
    Also, Sec. 201.76, Table 5 will be amended to include genetic 
standards for chemically assisted hybrid cotton. These standards were 
established based on the best scientific information available and have 
been used successfully.
    These changes are consistent with the standards and procedures 
recently adopted by an association made up primarily of State 
certifying agencies, the Association of Official Seed Certifying 
Agencies (AOSCA). These changes will remove potential conflicts between 
the FSA regulations and States' standards and procedures.

Corrections

    Also, this proposal would correct several punctuation and other 
errors in the regulations such as correcting punctuation of several 
scientific names in Sec. 201.2. The spelling of ``hypogeal'' is 
corrected in Sec. 201.56-5, punctuation is corrected in Sec. 201.56-6, 
and in Sec. 201.76 ``contamination'' is changed to ``contaminating'' 
and ``of'' changed to ``or''.

List of Subjects in 7 CFR Part 201

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

    For reason set forth in the preamble, it is proposed that 7 CFR 
Part 201 be amended as follows:

PART 201--REGULATIONS UNDER THE FEDERAL SEED ACT

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

    Authority: 7 U.S.C. 1592.

    2. In Sec. 201.2, paragraph (i) is amended by adding the new terms 
``Southernpea (see cowpea)'' and ``Favabean (see Broadbean)'' and 
paragraph (h) is amended by:
    (A) Removing the period (.) at the end of the term ``Bluestem, 
yellow--Bothriolchloa ischaemum (L.) Keng'',
    (B) Removing the term ``Meadow foxtail--Alopecurus pratensis L.'',
    (C) By adding a period (.) at the end of the term ``Smilo--
Piptatherum miliaceum (L.) Coss'', and
    (D) Adding new terms in alphabetical order as follows:


Sec. 201.2  Terms defined.

* * * * *
    (h) * * *
    Canola--varieties of Brassica spp. that produce oil with less than 
2 percent erucic acid and meal with less than 30 micro moles per gram 
of glucosinolates. (See annual rape, bird rape, turnip rape, and winter 
rape);
* * * * *
Flatpea--Lathyrus sylvestris L.
* * * * *
Foxtail, creeping--Alopecurus arundinaceus Poir.
Foxtail, meadow--Alopecurus pratensis L.
* * * * *
    3. Section 201.16 is revised to read as follows:


Sec. 201.16  Noxious-weed seeds.

    (a) Except for those kinds of noxious-weed seeds shown in paragraph 
(b) of this section, the names of the kinds of noxious-weed seeds and 
the rate of occurrence of each shall be expressed in the label in 
accordance with, and the rate of occurrence shall not exceed the rate 
permitted by, the law and regulations of the state into which the

[[Page 55967]]

seed is offered for transportation or is transported. If in the course 
of such transportation, or thereafter, the seed is diverted to another 
State of destination, the person or persons responsible for such 
diversion shall cause the seed to be relabeled with respect to the 
noxious-weed seed content, if necessary to conform to the laws and 
regulations of the State into which the seed is diverted.
    (b) Seeds or bulblets of the following plants in paragraph (b)(1) 
shall be considered noxious-weed seeds in agricultural and vegetable 
seeds transported or delivered for transportation in interstate 
commerce (including Puerto Rico, Guam, and the District of Columbia). 
Agricultural or vegetable seed containing seeds or bulblets of these 
kinds shall not be transported or delivered for transportation in 
interstate commerce.
    (1) Noxious-weed seeds include the following species on which no 
tolerance will be applied:
Aeginetia spp.
Ageratina adenophora (Spreng.) King and H.E. Robins.
Alectra spp.
Alternanthera sessilis (L.) DC.
Asphodelus fistulosus L.
Avena sterilis L. (including Avena ludoviciana Dur.)
Azolla pinnata R. Br.
Borreria alata (Aubl.) DC.
Carthamus oxyacantha M. Bieb.
Chrysopogon aciculatus (Retz.) Trin.
Commelina benghalensis L.
Crupina vulgaris Cass.
Digitaria abyssinica Stapf.(=D. scalarum (Schweinf.) Chiov.)
Digitaria velutina (Forsk.) Beauv.
Drymaria arenarioides Roem. and Schult.
Eichornia azurea (Sw.) Kunth
Emex australis Steinh.
Emex spinosa (L.) Campd.
Galega officinalis L.
Heracleum mantegazzianum Sommier & Levier
Hydrilla verticillata (L. f.) Royle
Hygrophila polysperma T. Anders.
Imperata brasiliensis Trin.
Imperata cylindrica (L.) Raeusch.
Ipomoea aquatica Forsk.
Ipomoea triloba L.
Ischaemum rugosum Salisb.
Lagarosiphon major (Ridley) Moss
Leptochloa chinensis (L.) Nees
Limnophila sessiliflora (Vahl) Blume
Lycium ferocissimum Miers
Melaleuca quinquenervia (Cav.) Blake
Melastoma malabathricum L.
Mikania cordata (Burm. f.) B.L. Robins.
Mikania micrantha H.B.K.
Mimosa invisa Mart.
Mimosa pigra L. var. pigra
Monochoria hastata (L.) Sloms-Laub.
Monochoria vaginalis (Burm. f.) K.B. Presl
Nassella trichotoma (Nees) Arechavaleta
Opuntia aurantiaca Lindl.
Orobanche spp.
Oryza longistaminata A. Cheval. and Roehr.
Oryza punctata Steud.
Oryza rufipogon Griff.
Ottelia alismoides (L.) Pers.
Paspalum scrobiculatum L.
Pennisetum clandestinum Chiov.
Pennisetum macrourum Trin.
Pennisetum pedicellatum Trin.
Pennisetum polystachion (L.) Schult.
Prosopis alapataco R.A. Philippi
Prosopis argentina Burkart
Prosopis articulata S. Watson
Prosopis burkartii Munoz
Prosopis caldenia Burkart
Prosopis calingastana Burkart
Prosopis campestris Griseb.
Prosopis castellanosii Burkart
Prosopis denudans Benth.
Prosopis elata (Burkart) Burkart
Prosopis farcta (Russell) Macbride
Prosopis ferox Griseb.
Prosopis fiebrigii Harms
Prosopis hassleri Harms
Prosopis humilis Hook. and Arn.
Prosopis kuntzei Harms
Prosopis pallida (Willd.) H.B.K.
Prosopis palmeri S. Watson
Prosopis reptans Benth. var. reptans
Prosopis rojasiana Burkart
Prosopis ruizlealii Burkart
Prosopis ruscifolia Griseb.
Prosopis sericantha Hook. and Arn.
Prosopis strombulifera (Lam.) Benth.
Prosopis torquata (Lagasca) DC.
Rottboellia cochinchinensis (Lour.) Clayton (=R. exaltata (L.) L.f.)
Rubus fruticosus L. (complex)
Rubus moluccanus L.
Saccharum spontaneum L.
Sagittaria sagittifolia L.
Salsola vermiculata L.
Salvinia auriculata Aubl.
Salvinia biloba Raddi
Salvinia herzogii de la Sota
Salvinia molesta D.S. Mitchell
Setaria pallide-fusca (Schumach.) Stapf and Hubb.
Solanum torvum Sw.
Solanum viarum Dunal
Sparaganium erectum L.
Striga spp.
Tridax procumbens L.
Urochloa panicoides Beauv.
    (2) Noxious-weed seeds include the following species on which the 
tolerance in paragraph (c) of this section will be applied:

Cuscuta americana L.
Cuscuta applanata Engelm.
Cuscuta approximata Bab.
Cuscuta attenuata Waterfall
Cuscuta boldinghii Urban
Cuscuta brachycalyx (Yuncker) Yuncker
Cuscuta californica Hook. and Arn.
Cuscuta campestris Yuncker
Cuscuta cassytoides Engelm.
Cuscuta ceanothii Behr
Cuscuta cephalanthii Engelm.
Cuscuta compacta Juss.
Cuscuta corylii Engelm.
Cuscuta cuspidata Engelm.
Cuscuta decipiens Yuncker
Cuscuta dentatasquamata Yuncker
Cuscuta denticulata Engelm.
Cuscuta epilinum Weihe
Cuscuta epithymum (L.)L.
Cuscuta erosa Yuncker
Cuscuta europaea L.
Cuscuta exaltata Engelm.
Cuscuta fasciculata Yuncker
Cuscuta glabrior (Engelm.) Yuncker
Cuscuta globulosa Benth.
Cuscuta glomerata Choisy
Cuscuta gronovii Willd.
Cuscuta harperi Small
Cuscuta howelliana Rubtzoff
Cuscuta indecora Choisy
Cuscuta jepsonii Yuncker
Cuscuta leptantha Engelm.
Cuscuta mitriformis Engelm.
Cuscuta nevadensis I.M. Johnston
Cuscuta obtusiflora H.B.K.
Cuscuta occidentalis Mill. and Nutt.
Cuscuta odontolepis Engelm.
Cuscuta pentagona Engelm.
Cuscuta planiflora Ten.
Cuscuta plattensis A. Nels.
Cuscuta polygonorum Engelm.
Cuscuta rostrata Engelm.
Cuscuta runyonii Yuncker
Cuscuta salina Engelm.
Cuscuta sandwichiana Choisy
Cuscuta squamata Engelm.
Cuscuta suaveolens Ser.
Cuscuta suksdorfii Yuncker
Cuscuta tuberculata Brandeg.
Cuscuta umbellata H.B.K.
Cuscuta umbrosa Hook.
Cuscuta vetchii Brandeg.
Cuscuta warneri Yuncker

    (c) The tolerance applicable to the prohibition of the noxious-weed 
seeds in paragraph (b)(1) of this section shall be zero (0.) For those 
kinds listed in paragraph (b)(2) of this section the tolerance shall be 
two seeds in the minimum amount required to be examined as shown in 
Sec. 201.46, Table 1.
    4. Section 201.17 is revised to read as follows:


Sec. 201.17  Noxious-weed seeds in the District of Columbia.

    (a) Noxious-weed seeds in the District of Columbia are: Quackgrass 
(Elytrigia repens), Canada thistle (Cirsium arvense), field bindweed 
(Convolvulus arvensis), bermudagrass (Cynodon dactylon), giant 
bermudagrass (Cynodon dactylon var. aridus), annual bluegrass (Poa 
annua), and wild garlic or wild

[[Page 55968]]

onion (Allium canadense or Allium vineale). The name and number per 
pound of each kind of such noxious-weed seeds present shall be stated 
on the label.
    (b) [Reserved]
    5. In Sec. 201.46, paragraph (d)(2)(iii) is revised and Table 1 is 
amended by removing the term ``Meadow foxtail'' and all that follows on 
that line, and adding new terms ``Flatpea'', ``Foxtail, creeping'', and 
``Foxtail, meadow'' to read as follows:


Sec. 201.46  Weight of working sample.

* * * * *
    (d) * * *
    (2) * * *
    (iii) The weight of the working sample shall be the product of the 
weight calculated in paragraph (d)(2)(i) of this section multiplied by 
100 percent, divided by 100 percent minus the percentage of coating 
material calculated in paragraph (d)(2)(ii) of this section.

                   Table 1.--Weight of Working Sample
------------------------------------------------------------------------
                                                  Minimum
                                     Minimum     weight for  Approximate
                                   weight for     noxious-    number of
          Name of seed               purity      weed seed    seeds  per
                                    analysis    examination      gram
                                     (grams)      (grams)
------------------------------------------------------------------------
Agricultural Seed:
*                  *                  *                    *
                    *                  *                  *
    Flatpea.....................         100            500           25
*                  *                  *                    *
                    *                  *                  *
    Foxtail, creeping...........           1.5           15        1,736
    Foxtail, meadow.............           3             30          893
*                  *                  *                    *
                    *                  *                  *
------------------------------------------------------------------------

    6. In Sec. 201.47, paragraphs (c)(3) and (c)(4) are added to read 
as follows:


Sec. 201.47  Separation.

* * * * *
    (c) * * *
    (3) When rounding off the calculated percentages of each component 
to the second decimal place, round down if the third decimal place is 4 
or less and round up if the third decimal place is 5 or more, except 
that if any component is determined to be present in any amount 
calculated to be less than 0.015 percent, then that component shall be 
reported as 0.01 percent. If any component is not found in the purity 
analysis, then that component shall be reported as 0.00 percent.
    (4) The total percentage of all components shall be 100.00 percent. 
If the total does not equal 100.00 percent (e.g. 99.99 percent or 
100.01 percent), then add to or subtract from the component with the 
largest value (usually the pure seed component).


Sec. 201.47a  [Amended]

    7. Section 201.47a, paragraph (b)(4)(ii) is amended by adding the 
word ``in'' following the word ``internodes''.
    8. In Sec. 201.50, paragraph (b) is removed and paragraph (c) is 
redesignated as paragraph (b) and paragraph (a) is revised to read as 
follows:


Sec. 201.50  Weed seed.

* * * * *
    (a) The individual seeds are to be removed from fruiting structures 
such as pods and heads. The seeds are classified as weed seed and the 
remaining fruiting structures classified as inert matter.
* * * * *


Sec. 201.51  [Amended]

    9. In Sec. 201.51, paragraph (b)(9) is removed.
    10. In Sec. 201.55, the table in paragraph (a) and the Explanatory 
Note immediately following paragraph (e) are revised to read as 
follows:


Sec. 201.55  Retests.

* * * * *
    (a) * * *

Table of Maximum Tolerated Ranges Between 100-Seed Replicates for Use in
                     Connection With Sec.  201.55(a)
                      Average percent germinations
------------------------------------------------------------------------
                   Maximum allowed between replicates
-------------------------------------------------------------------------
                                                     4            2
                                                 replicates   replicates
------------------------------------------------------------------------
99...............................            2            5  ...........
98...............................            3            6  ...........
97...............................            4            7            6
96...............................            5            8            6
95...............................            6            9            7
94...............................            7           10            8
93...............................            8           10            8
92...............................            9           11            9
91...............................           10           11            9
90...............................           11           12            9
89...............................           12           12           10
88...............................           13           13           10
87...............................           14           13           11
86...............................           15           14           11

[[Page 55969]]

85...............................           16           14           11
84...............................           17           14           11
83...............................           18           15           12
82...............................           19           15           12
81...............................           20           15           12
80...............................           21           16           13
79...............................           22           16           13
78...............................           23           16           13
77...............................           24           17           13
76...............................           25           17           13
75...............................           26           17           14
74...............................           27           17           14
73...............................           28           17           14
72...............................           29           18           14
71...............................           30           18           14
70...............................           31           18           14
69...............................           32           18           14
68...............................           33           18           15
67...............................           34           18           15
66...............................           35           19           15
65...............................           36           19           15
64...............................           37           19           15
63...............................           38           19           15
62...............................           38           19           15
61...............................           40           19           15
60...............................           41           19           15
59...............................           42           19           15
58...............................           43           19           15
57...............................           44           19           15
56...............................           45           19           15
55...............................           46           20           15
54...............................           47           20           16
53...............................           48           20           16
52...............................           48           20           16
51...............................           50           20           16
------------------------------------------------------------------------

* * * * *
    (e) * * *
    Note to Sec. 201.55. To find the maximum tolerated range, 
compute the average percentage of all 100 seed replicates of a given 
test, rounding off the result to the nearest whole number. The 
germination is found in the first two columns of the table. When the 
differences between highest and lowest replicates do not exceed the 
corresponding values found in the ``4 replicates'' column, no 
additional testing is required. However, if the differences exceed 
the values in the ``4 replicates'' column, retesting is necessary.


Sec. 201.56-5  [Amended]

    11. In Sec. 201.56-5, paragraph (e)(1)(i) is revised by removing 
``hypegeal'' and adding ``hypogeal'' in its place.


Sec. 201.56-6  [Amended]

    12. In Sec. 201.56-6, paragraph (c)(2)(i) the period following the 
word ``Cotyledons'' is removed and a colon is added in its place, 
paragraph (c)(2)(ii) is amended by removing the period following 
``Epicotyl'' and adding a colon in its place, and paragraph 
(d)(2)(iii)(B) is amended by adding a closing parenthesis at the end of 
the last sentence.
    13. In Sec. 201.57, a sentence is added at the end of the section 
to read as follows:


Sec. 201.57  Hard seeds.

    * * * For flatpea, continue the swollen seed in test for 14 days 
when germinating at 15-25 deg.C or for 10 days when germinating at 
20 deg.C.
    14. Section 201.58 is amended as follows:
    A. In paragraph (a)(7), immediately following the words ``S= sand 
or soil'' the words ``where soil is an antificial planting mix of 
shredded peat moss, vermiculite, and perlite'' are added; and
    B. In Table 2, the entry ``Meadow foxtail'' and all that follows on 
that line are removed, and the entries for ``Buffalograss'', 
``Crambe'', ``Crownvetch'', and ``Sunflower'' and adding ``Flatpea'', 
``Foxtail, creeping'', and ``Foxtail, meadow'' are revised to read as 
follows:


Sec. 201.58  Substrata, temperature, duration of test, and certain 
other specific directions for testing for germination and hard seed.

* * * * *

Table 2.--Germination Requirements for Indicated Kinds

* * * * *

[[Page 55970]]



--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                               Additional directions
                                                                      First      Final   ---------------------------------------------------------------
         Name of seed            Substrata        Temp.  deg.C        count      count          Specific
                                                                       days       days        requirements               Fresh and dormant seed
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                   AGRICULTURAL SEED
                   *                  *                  *                  *                  *                  *                  *
Buffalograss (Burs)..........  P,TB,TS       20-35................          7         14  Light; KNO3.........  Prechill at 5  deg.C for 2 weeks; see
                                                                                                                 Sec.  201.57a.
(Caryopses)..................  P             20-35................          5         14  Light; KNO3.........
                   *                  *                  *                  *                  *                  *                  *
Crambe.......................  T,B           20; 25...............          4          7  ....................  KNO3
Crownvetch...................  B,T,TB,S      20...................          7     \1\ 14
Flatpea......................  T             15-25; 20............         14     \1\ 28
Foxtail, creeping............  P             15-30................          7         21  Light; KNO3.
Foxtail, meadow..............  P             20-30................          7         14  Light.
Sunflower....................  T, B          20...................          4         7
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ Hard seeds may be present. (See Sec.  201.57)

Sec. 201.60  [Amended]

    15. Section 201.60 is amended by removing the words ``meadow 
foxtail'' and adding in their place the word ``foxtails''.
    16. Section 201.65 is amended by:
    A. Revising the heading in the first column of the table to read 
``Number represented by the label or test \1\ '',
    B. Adding a footnote immediately following the table to read:

    \1\ Rates per pound or ounce must be converted to the equivalent 
number of seeds found in Sec. 201.46, Table 1, Minimum weight for 
noxious-weed seed examination (grams).'', and
    C. Revising the introductory text to read as follows:


Sec. 201.65  Noxious-weed seeds in interstate commerce.

    Tolerances for rates of occurrence of noxious-weed seeds shall be 
recognized and shall be applied to number of noxious-weed seeds found 
by analysis in the quantity of seed specified for noxious-weed seed 
determination in Sec. 201.46, except as provided in Sec. 201.16(c). 
Applicable tolerances are calculated by the formula, 
Y=X+1+1.96X, where X is the number of seeds represented by the 
label or test and Y is the maximum number within tolerance. Some 
tolerances are listed below. The number found as represented by the 
label or test (Column X) will be considered within tolerance if not 
more than the corresponding number in Column Y are found by analysis in 
the administration of the Act. For numbers of seeds greater than those 
in the table and in case of additional or more extensive analyses, a 
tolerance based on a degree of certainty of 5 percent (P=0.05) will be 
recognized.
* * * * *
    17. In Sec. 201.74, paragraph (a) is revised to read as follows:


Sec. 201.74  Labeling all classes of seed.

    (a) All classes of certified seed when offered for sale shall have 
an official certification label affixed to each container clearly 
identifying the certifying agency, the lot number or other 
identification, the variety name (if certified as to variety), and the 
kind and class of seed. Except that for seed mixtures and seed in 
containers of 5 pounds or less, the certification labels need not bear 
the name of the kind or kind and variety of each component, provided 
the name of each kind or kind and variety is shown on the analysis 
label.
* * * * *
    18. In Sec. 201.75, paragraph (c) is revised to read as follows:


Sec. 201.75  Interagency certification.

* * * * *
    (c) Each label used in interagency certification shall be serially 
numbered or carry the certification identity number and clearly 
identify the certifying agencies involved, the variety (if certified as 
to variety), and the kind and class of seed. Except that for seed 
mixtures and seed in containers of 5 pounds or less, the certification 
labels need not bear the name of the kind or kind and variety of each 
component, provided the name of each kind or kind and variety is shown 
on the analysis label.
    19. In Sec. 201.76, the introductory text is amended by removing 
the word ``contamination'' and adding in its place the word 
``contaminating'', removing the word ``of'' immediately following the 
word ``varieties'' and adding in its place the word ``or'', and 
amending Table 5 under the entry ``corn'' by adding the word 
``Foundation'' before the words ``Back cross'' and adding the entry 
``Hybrid--chemically assisted'' following the entry ``Cotton'', to read 
as follows:


Sec. 201.76  Minimum Land, Isolation, Field, and Seed Standards.

* * * * *

                                                                         Table 5
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                             Foundation                            Registered                                 Certified
                               -------------------------------------------------------------------------------------------------------------------------
                                  Land   Isolation   Field     Seed     Land   Isolation   Field     Seed     Land       Isolation       Field     Seed
--------------------------------------------------------------------------------------------------------------------------------------------------------
                 *                  *                  *                    *                    *                  *                  *
         Cotton * * *
Hybrid--Chemically Assisted...        0    \19\ 0    10,000     0.03  .......  .........  .......  .......        0  2,640............    1,320      0.1
                                                                                                                     (\59\ 804.66m)...
                 *                  *                  *                    *                    *                  *                  *
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 55971]]

    Dated: October 6, 1998.
Barry L. Carpenter,
Deputy Administrator, Livestock and Seed Program.
[FR Doc. 98-27590 Filed 10-19-98; 8:45 am]
BILLING CODE 3410-02-P