[Federal Register Volume 65, Number 7 (Tuesday, January 11, 2000)]
[Rules and Regulations]
[Pages 1704-1710]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-205]



[[Page 1703]]



Part III





Department of Agriculture





_______________________________________________________________________



Agricultural Marketing Service



_______________________________________________________________________



7 CFR Part 201



Amendments to Regulations Under the Federal Seed Act; Final Rule

  Federal Register / Vol. 65, No. 7 / Tuesday, January 11, 2000 / Rules 
and Regulations  

[[Page 1704]]



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: Final rule.

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

SUMMARY: The Agricultural Marketing Service (AMS) is revising the 
Federal Seed Act (FSA) regulations. The rule designates seeds of 
species listed in the Federal Noxious Weed Act (FNWA), except for the 
Cuscuta species as, noxious and prohibits the shipment of agricultural 
and vegetable seeds containing them, adds two kinds to the list of 
those subject to the FSA, updates the seed testing regulations, updates 
the seed certification regulations, and corrects 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 incorporates the latest in seed 
testing and seed certification knowledge and prevents potential 
conflicts with State regulations.

EFFECTIVE DATE: Effective February 10, 2000 except for Sec. 201.16(b) 
which is effective January 11, 2001.

FOR FURTHER INFORMATION CONTACT: Richard C. Payne, 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 final 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 (OMB).

Executive Order 12988

    The final rule has been reviewed under Executive Order 12988, Civil 
Justice Reform. It is not intended to have a retroactive effect. The 
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 that must be exhausted prior 
to judicial challenge to the provision of this rule.

Regulatory Flexibility Act and Paperwork Reduction Act

    The Administrator, AMS, has certified that this action will 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 will 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 will add some costs for seed testing. We 
estimate that the total cost to the industry for testing and labeling 
will be approximately $7,500. ((Assuming a $26.00 per hour service 
testing fee (based on a recent survey by the New York State Seed 
Laboratory) and 285 hours in connection with testing and labeling.)) In 
the proposal, we estimated that the total cost to the industry for 
testing and labeling would be approximately $12,000. That estimate 
assumed a $40.40 service testing fee
(7 CFR part 75) for AMS and 285 hours in connection with testing and 
labeling. However, if we take into account an average of seed testing 
laboratory fees as reflected in the recent survey, the overall cost 
would be less. The survey, as conducted by the New York State Seed 
Laboratory, was a sampling of commercial, State, Federal, and 
university laboratories. 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 weed seeds 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 will 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.
    We estimate a small increase to the previously approved information 
collection requirements of the FSA regulations. 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 
requirements 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 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 seed.
    Estimated Number of Respondents: 3,208.
    Estimated Number of Responses per Respondent: 5.56.
    Estimated Total Annual Burden on Respondents: 37,078.
    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
Chapter 35), the information collection requirements contained in this 
final rule were submitted to OMB for approval. The information 
collection requirements have been approved by OMB and assigned OMB 
number 0581-0026.

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

[[Page 1705]]

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.

Summary of Public Comment

    A notice of proposed rulemaking was published in the Federal 
Register (63 FR 55964) on October 20, 1998. Interested persons were 
invited to submit comments until December 21, 1998. A hearing on the 
proposed rule was held in Washington, DC on December 2, 1998. At that 
time interested parties were given an opportunity to present views 
concerning the proposal. No one commented at the hearing. A document 
extending the comment period for the proposed rule was published in the 
Federal Register on December 24, 1998. Comments were to be received on 
or before February 4, 1999. Six written comments were received.

Noxious-Weed Seeds

    We received four comments concerning adding the weed species in the 
FNWA of 1974 (7 U.S.C. 2801 et seq.) as noxious-weed seeds under the 
FSA by revising Sec. 201.16. Two commenters supported this action. One 
commenter stated that including Cuscuta species as noxious-weed seeds 
in the FSA could lead to seed shipments containing small amounts of 
seeds of Cuscuta spp. already established in the United States to be in 
violation of the FSA even though the seed shipments were in compliance 
with State seed laws. This comment is relevant because seeds of most 
Cuscuta species are indistinguishable and therefore it would be rarely 
possible to determine if a dodder seed is from a Cuscuta species listed 
in the FNWA or from a Cuscuta species already established in the United 
States. Since the Department determined that forty-five of forty-nine 
states that list Cuscuta spp. as noxious weeds allow more seeds than 
the proposed tolerance of two, Secs. 201.16(b)(2) and 201.16(c) in the 
proposed rule were removed from the final rule.
    One commenter suggested that seeds of species listed in the FNWA 
should not be added to the FSA as noxious-weed seeds until risk 
assessments and questions of agricultural, economic, and scientific 
merit of each species are addressed. The species listed as noxious 
weeds in the FNWA were studied, evaluated, and approved for addition to 
the FNWA by a USDA formed committee (Technical Committee to Evaluate 
Noxious Weeds) designated for that purpose. Before noxious weeds were 
added to the FNWA, it was demonstrated that they constituted a serious 
threat to the United States and were of foreign origin and did not 
occur in the United States or more than a few states. Further, an 
Executive Order on Invasive Species, dated February 3, 1999, (64 FR 
6183) cites the FNWA of 1974 as amended and other laws and pertinent 
statutes, for the purpose of preventing the introduction of invasive 
species and providing for their control. By recognizing the Federally 
listed noxious weeds under the FNWA as noxious in the FSA, both the 
States and AMS can take action to prevent their spread on those rare 
occasions that they are found in planting seed. Also, the economic 
impact of this rule has been reviewed, as appropriate, under Executive 
Order 12866 and the Regulatory Flexibility Act as previously discussed. 
Therefore, Sec. 201.16(b)(1) of the proposed rule has been combined 
with Sec. 201.16(b) in the final rule.
    A commenter was critical of Sec. 201.16(b)(1) of the proposed rule 
because no tolerances would be applied to seeds of weed species listed 
under the FNWA when found in noxious-weed seed inspections. The 
commenter correctly pointed out that the seed industry is accustomed to 
tolerances being applied to seed that is shipped interstate and 
inspected by regulatory officials. However, because these noxious-weeds 
are highly destructive and the objective is to prevent their 
introduction and spread, we believe that a tolerance should not be 
applied to seeds of noxious weeds listed under the FNWA. Therefore, 
Sec. 201.16(b) of the final rule was not revised to provide for the 
application of tolerances.
    One commenter questioned whether individual State noxious-weed seed 
regulations or the proposed FSA regulations, as they pertain to Cuscuta 
species, would take precedence. This potential conflict between State 
and FSA regulations was resolved by deleting Secs. 201.16(b)(2) and 
201.16(c) from the final rule.
    One commenter expressed concern that adding the weed species listed 
in the FNWA as noxious weeds to the FSA would not prevent seeds of 
these weed species from being sold as ornamentals. Seeds of these weed 
species would be considered noxious weeds only when they are found in 
the kinds listed as ``agricultural seeds'' in Sec. 201.1(h) or as 
``vegetable seeds'' in Sec. 201.1(i). However, a permit must be 
received from the Animal and Plant Health Inspection Service (APHIS) 
before seeds of weed species listed in the FNWA can be moved 
interstate. The commenter also stated that an improved variety of 
Pennisetum clandestinum, a species listed in the FNWA, has been grown 
for commercial purposes. APHIS has issued permits for the exportation 
of seeds of Pennisetum clandestinum, and as described previously in 
this docket, an APHIS permit would also be required for domestic sales.
    One commenter urged the Department to provide additional time for 
comments on adding the species listed in the FNWA to the FSA 
regulations. The Department feels that sufficient time has been 
provided for comment since the original 60 day comment period was 
extended for an additional 45 days. The concerns expressed by one 
commenter about the impact of adding the species listed in the FNWA to 
the FSA regulations are addressed in prior analysis in the docket.
    A commenter suggested that a significant amount of time should 
elapse before Sec. 201.16(b) of the final rule becomes effective, so 
that seed suppliers may ensure that their businesses are in compliance 
and seed already packaged and labeled can be distributed. Taking into 
account this comment, we are establishing an effective date for 
Sec. 201.16(b) of one year after the final rule is published in the 
Federal Register.
    The Department proposed that the scientific names for noxious-weed 
seeds for the District of Columbia in Sec. 201.17 be updated to names 
currently recognized by the scientific community. No comments were 
received, consequently the changes in this section are incorporated 
into the final rule as they were proposed.

Additional Kinds, Names

    The Department proposed to add creeping foxtail and flatpea to the 
list of agricultural seeds subject to the FSA. No comments were 
received, consequently these additions to Sec. 201.2(h) and 
Sec. 201.46, Table 1 were incorporated into the final rule as they were 
proposed.
    The Department proposed to define ``Canola'' and allow the use of 
``Canola'' as a synonym for varieties of four kinds of rape seed when 
the seed is low in erucic acid and glucosinolates. Two commenters 
opposed allowing the use of ``Canola'' as proposed. Further 
investigation determined that the amounts of seed designated for the 
purity test and noxious-weed seed examination and germination test 
conditions are not the same in the FSA for the four kinds for which the 
synonym ``Canola'' was proposed. The Department determined that seed 
labeled ``Canola'' could not be tested

[[Page 1706]]

because the kind would not be known and there are no testing procedures 
for ``Canola'' under the FSA. Therefore, the proposed changes to 
Sec. 201.2(h) that define ``Canola'' and allow the use of ``Canola'' as 
a synonym were removed.
    The Department proposed to amend Sec. 201.2(i) by adding the new 
terms ``Southernpea (see Cowpea)'' and ``Favabean (see Broadbean)''. No 
comments were received, therefore these additions are incorporated in 
the final rule as they were proposed.

Seed Testing

    The Department proposed to update Sec. 201.46 and Sec. 201.58 to 
include testing procedures for creeping foxtail and flatpea; make 
changes to Sec. 201.46 to clarify how to calculate the weight of the 
purity working sample for mixtures of coated seed; revise the 
procedures for rounding purity percentages in Sec. 201.47(c); amend 
Sec. 201.50 and Sec. 201.51 to make the purity separation of capsules 
of Juncus spp. consistent with other weed species; change Sec. 201.55 
to eliminate germination results based on three replicates of 100 seeds 
each; add additional instructions for germinating flatpea in 
Sec. 201.57; amend Sec. 201.58 to define soil; add germination test 
procedures for creeping foxtail and flatpea and revise test procedures 
for buffalograss, crambe, crownvetch, and sunflower in Sec. 201.58, 
Table 2; revise Sec. 201.60 so that chaffy seed tolerances are 
applicable to all ``foxtails'; amend Sec. 201.65 to clarify the term 
``X''. One commenter recommended adding a germination procedure to 
Sec. 201.58, Table 2 for testing crownvetch samples with high 
percentages of hard or swollen seeds. This recommendation was not 
incorporated into the final rule because Sec. 201.57 provides for 
extending the length of the germination test for samples of legumes, 
such as crownvetch, with hard or swollen seeds or seeds that have just 
started to germinate. Accordingly this suggestion was not adopted. The 
changes to these sections, as published in the proposed rule, are 
incorporated in the final rule.

Seed Certification

    We received no comments on the proposals to update Sec. 201.74, 
Sec. 201.75, and Sec. 201.76, Table 5 of the Certified Seed regulations 
so they are consistent with the standards and procedures of the 
Association of Official Seed Certifying Agencies and thus remove 
potential conflicts between the FSA regulations and States standards 
and procedures. Therefore, the changes to these sections as published 
in the proposed rule are incorporated in the final rule.

Corrections

    No comments on the proposals to correct several punctuation and 
other errors in Sec. 201.2, Sec. 201.47a, Sec. 201.56-5, Sec. 201.56-6, 
Sec. 201.76 were received, consequently the changes in these sections 
are incorporated in the final rule as they were proposed.

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, 7 CFR Part 201 be amended as 
follows:

PART 201--FEDERAL SEED ACT REGULATIONS

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

    Authority: 7 U.S.C. 1592.

    2. Section 201.2 is amended as follows:
    A. In paragraph (h), remove the period at the end of the term 
``Bluestem, yellow--Bothriochloa ischaemum (L.) Keng'';
    B. In paragraph (h), remove the term ``Meadow foxtail--Alopecurus 
pratensis L.'';
    C. In paragraph (c), add a period at the end of the term ``Smilo--
Piptatherum miliaceum (L.) Coss'';
    D. In paragraph (h), add new terms in alphabetical order;
    E. In paragraph (i), add new terms in alphabetical order. The 
additions read as follows:


Sec. 201.2  Terms defined.

* * * * *
    (h) * * *

    Flatpea--Lathyrus sylvestris L.
* * * * *
    Foxtail, creeping--Alopecurus arundinaceus Poir.
    Foxtail, meadow--Alopecurus pratensis L.
* * * * *
    (i) * * *

    Favabean (see Broadbean)
* * * * *
    Southernpea (see Cowpea)
* * * * *
    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 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 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. 
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.

[[Page 1707]]

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.

    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 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 under Agricultural Seed by removing the entry ``Meadow 
foxtail'' and adding new entries ``Flatpea'', ``Foxtail, creeping'', 
and ``Foxtail, meadow'' in alphabetical order 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 weight
                                                                  Minimum weight   for  noxious-    Approximate
                          Name of seed                              for  purity      weed seed       number of
                                                                     analysis       examination   seeds per 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) is revised and the 
Explanatory Note immediately following paragraph (e) is removed and a 
Note to Sec. 201.55 is added to read as follows:

[[Page 1708]]

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

* * * * *
    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 amended 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 and 
paragraph (c)(2)(ii) is amended by removing the period following 
``Epicotyl'' and adding a colon in its place.
    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.

[[Page 1709]]

    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 artificial planting mix of 
shredded peat moss, vermiculite, and perlite'' are added; and
    B. In Table 2, under Agricultural Seed, the entry ``Meadow 
foxtail'' is removed, the entries for ``Buffalograss'', ``Crambe'', 
``Crownvetch'', and ``Sunflower'' are revised and ``Flatpea'', 
``Foxtail, creeping'', and ``Foxtail, meadow'' are added 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
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                    First      Final                  Additional directions
             Name of seed                      Substrata           Temperature (    count      count   -------------------------------------------------
                                                                      deg.C)         days       days     Specific 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 in paragraph (a)(1) by removing the 
words ``meadow foxtail'' and adding in their place the word 
``foxtails''.
    16. In Sec. 201.65, the text preceding the table is revised and the 
heading in the first column of the table is revised 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 the 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(b). 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.\1\ Some 
tolerances are listed in the table. 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.
---------------------------------------------------------------------------

    \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).

----------------------------------------------------------------------------------------------------------------
               Number represented by the label or test  (X)                   * * *        * * *        * * *
----------------------------------------------------------------------------------------------------------------
 
*                  *                  *                  *                  *                  *
                                                        *
----------------------------------------------------------------------------------------------------------------

    17. In Sec. 201.74, paragraph (a) is revised to read as follows:


Sec. 201.74  Labeling all classes of certified 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

[[Page 1710]]

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 text preceding the table 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 a new entry 
``Hybrid (Chemically assisted)'' under the entry ``Cotton'', in 
alphabetical order to read as follows:


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

* * * * *

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

* * * * * * *
    Dated: December 27, 1999.
Barry L. Carpenter,
Deputy Administrator, Livestock and Seed Program.
[FR Doc. 00-205 Filed 1-10-00; 8:45 am]
BILLING CODE 3410-02-P