[Federal Register Volume 85, Number 17 (Monday, January 27, 2020)]
[Proposed Rules]
[Pages 4603-4614]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00400]


 ========================================================================
 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.
 
 ========================================================================
 

  Federal Register / Vol. 85, No. 17 / Monday, January 27, 2020 / 
Proposed Rules  

[[Page 4603]]



DEPARTMENT OF AGRICULTURE

Agricultural Marketing Service

7 CFR Parts 201 and 202

[Doc. No. AMS-ST-19-0039]


Revisions to the Federal Seed Act Regulations

AGENCY: Agricultural Marketing Service, USDA.

ACTION: Proposed rule.

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

SUMMARY: The Agricultural Marketing Service (AMS) invites comments on 
proposed revisions to regulations that implement the Federal Seed Act 
(FSA). The proposals include revisions to seed labeling, testing, and 
certification requirements. The proposed revisions would add certain 
seed species to the lists of covered kinds of seed and update the lists 
to reflect current scientific nomenclature; update regulations related 
to seed quality, germination and purity standards, and acceptable seed 
testing methods; and update seed certification and recertification 
requirements, including new eligibility standards and the recognition 
of current breeding techniques. AMS intends to align FSA regulations 
with current industry practices, harmonize FSA testing methods with 
industry standards, and clarify confusing or contradictory language in 
the existing regulations. AMS expects the proposed revisions to reduce 
trade burden associated with interstate seed commerce and encourage 
compliance with State and Federal laws.

DATES: Comments must be received by March 27, 2020.

ADDRESSES: Interested persons are invited to submit comments on this 
proposed rulemaking. All comments must be submitted electronically 
through the e-rulemaking portal at http://www.regulations.gov, and 
should reference the document number, date, and page number of this 
issue of the Federal Register. All comments submitted in response to 
this proposed rule will be included in the rulemaking record and will 
be made available to the public. Please be advised that the identity of 
the individuals or entities submitting comments will be made public on 
the internet at the address provided above.

FOR FURTHER INFORMATION CONTACT: Ernest Allen, Director, Seed 
Regulatory and Testing Division, Science and Technology Program, AMS, 
USDA; 801 Summit Crossing Place, Suite C, Gastonia, NC 28054, USA; 
telephone: 704-810-8884; email [email protected].

SUPPLEMENTARY INFORMATION: The FSA (7 U.S.C. 1551-1611) regulates 
interstate and foreign commerce of planting seeds for agricultural and 
gardening purposes. The FSA requires seeds to meet certain germination 
rate, purity, and certification standards. Under the FSA, seeds must be 
truthfully labeled with specific quality information. As well, the FSA 
requires all persons shipping agricultural seed in interstate commerce 
to maintain records of seed variety, origin, treatment, germination, 
and purity. Regulations established under the FSA (7 CFR part 201) 
(regulations) implement the requirements of the FSA and are 
administered by AMS.
    From time to time, AMS finds it necessary to update the regulations 
to reflect current industry standards and practices and to remove 
obsolete references. AMS last updated the regulations in 2011 (76 FR 
31790). AMS met with representatives of major seed industry stakeholder 
organizations in February 2019 to discuss possible revisions to make 
the regulations more reflective of current industry practices and 
updated testing methods. Based on stakeholder input, the Seed 
Regulatory and Testing Division of AMS's Science and Technology Program 
initiated this proposed action to update the regulations.
    AMS proposes to update the lists of which seed kinds are covered by 
the regulations and revise the names of several agricultural and 
vegetable seeds to provide updated scientific nomenclature. AMS 
proposes further to revise the definitions of other terms used in the 
regulations to provide greater clarity for regulated entities. Other 
revisions in this proposed rule would update the seed labeling, 
testing, and certification requirements to reflect revised terminology, 
as well as the evolution of industry practices. Finally, AMS is 
proposing several revisions of an administrative nature to correct 
misspellings and other errors in the regulations. Specific proposals 
are addressed below.

Proposals

Nomenclature

    The regulations specify the kinds of agricultural and vegetable 
seed that are subject to regulation. AMS proposes to revise the list of 
agricultural seed covered by the regulation in Sec.  201.2(h) by adding 
camelina, radish, and teff to the list. The proposed revisions would 
add radish to the list of seed kinds for which the variety is required 
on the label in Sec.  201.10(a); add camelina, radish, and teff to the 
list of seed kinds for which sample weights are specified in Table 1 to 
Sec.  201.46(d)(2)(iii); add camelina, radish, and teff to the list of 
seed kinds for which germination requirements are specified in Table 2 
to Sec.  201.58(c)(3); add teff to the list of seed kinds for which 
purity percentage tolerances are increased in Sec.  201.60(a)(1); and 
add camelina, chickpea, hemp, radish, and sunn hemp to the list of seed 
kinds for which standards related to certification are specified in 
Table 5 to Sec.  201.76.
    To assure clear market communication about seeds, the regulations 
use the Latin scientific names assigned to plants in the International 
Code of Nomenclature for Cultivated Plants \1\ and recognized 
throughout the world. Occasionally, the International Union of 
Biological Science's International Commission for the Nomenclature of 
Cultivated Plants revises those scientific names. This proposed rule 
would further revise Sec.  201.2(h) by updating the scientific names 
for 15 agricultural seed kinds already on the list (big bluestem, 
mountain brome, buffalograss, crambe, galletagrass, guineagrass, forage 
kochia, browntop millet, pearl millet, napiergrass, green needlegrass, 
green panicgrass, bird rape, turnip rape, and smilo), and by adding 
another common name for sunn crotalaria, one of the kinds already on 
the list. The proposed rule would also update the scientific

[[Page 4604]]

name for tomato, which is on the list of vegetable seed kinds in Sec.  
201.2(i). Such changes would align regulatory language with current 
terminology and nomenclature recognized in the industry.
---------------------------------------------------------------------------

    \1\ The International Code of Nomenclature for Cultivated Plants 
(ICNCP or Cultivated Plant Code), published by the International 
Society for Horticultural Science. The ICNCP was most recently 
updated in 2016.
---------------------------------------------------------------------------

    Other sections of the regulations reference scientific names, as 
well. AMS proposes to update those references by revising the 
scientific names for quackgrass in Sec.  201.17(a); buffalograss, 
sunflower, small-seeded legumes, carrot, and mint in Sec.  201.47a; 
legumes and crucifers in 201.48(a); sunflower, carrot, and mint in 
201.48(f); buffalograss in 201.48(g)(1); legumes in 201.51(a)(1); 
quackgrass in 201.51(b)(2)(iv) and (v); sunflower in 201.51(b)(4), and 
carrot in 201.56(d).

Other Terminology

    Section 201.2 defines other terms used in the regulations. The 
proposed rule would update some terms to reflect changes in industry 
and AMS needs and processes. AMS proposes to revise the term for 
``person'' in Sec.  201.2(b) to include individuals and agents to 
clarify that such entities are also subject to the regulations. A 
revision to Sec.  201.2(l)(1) would clarify that each person must keep 
required records regarding seed treatment, including, but not limited 
to, records about seed coating, film coating, encrusting, or pelleting. 
The proposal would make corresponding revisions to references to 
``treatment'' in Sec.  201.4(b). Proposed revisions to Sec.  201.2(p) 
would clarify that seed mixtures consist of more than one kind or 
variety of seed, each present in excess of 5 percent by weight of the 
whole, and that combinations of more than one variety of a single kind 
of seed may be referred to as ``blends.'' A proposed revision to the 
definition of ``coated seed'' in Sec.  201.2(q) would exclude seeds 
coated with polymers or biologicals. Proposed revisions to the term 
``purity'' in Sec.  201.2(w) would remove the reference to ``crop 
seed,'' and would clarify that percentages of inert matter would 
include coating material, if any is present. A proposed revision to 
Sec.  201.2(x) would revise the definition of ``inoculant'' to mean a 
product consisting of microorganisms applied to the seed for the 
purpose of enhancing the availability or uptake of plant nutrients 
through the root system. Such a change would align FSA regulations with 
current Environmental Protection Agency definition of a plant 
inoculant,\2\ which is recognized and used by the industry. A proposed 
revision would add a new term ``acceptable test'' as Sec.  201.2(nn) 
and would define the term to mean any testing method described in 
Sec. Sec.  201.45 through 201.66 of the regulations or any testing 
method approved by the Association of Official Seed Analysts rules for 
testing seed.\3\ This would clarify for regulated entities what records 
they are required to maintain. Finally, the proposal would add a new 
paragraph (oo) to Sec.  201.2 to define the term ``brand,'' which would 
mean the words, name, symbol, number, mark, design, unique design, or 
any combination of those that would distinguish the seed of one entity 
from the seed of another. The term's definition would clarify its use 
in Sec.  201.36b(e).
---------------------------------------------------------------------------

    \2\ See 40 CFR 152.6(g)(2)--EPA's definition of plant inoculant.
    \3\ The Association of Official Seed Analysts (AOSA) is an 
organization of state, federal, and university laboratories in the 
United States and Canada. AOSA publishes a series of handbooks 
related to seed testing. AOSA testing methods are comparable to AMS 
seed testing methods and are considered equally acceptable for 
meeting testing requirements under the regulations in 7 CFR part 
201.
---------------------------------------------------------------------------

Records

    The FSA regulations require seed shippers to maintain records and 
samples for each lot of agricultural and vegetable seed shipped in 
interstate commerce. Sections 201.4 through 201.7a specify the 
recordkeeping requirements related to seed origin, germination testing, 
purity testing, and treatment. AMS proposes to revise Sec. Sec.  201.6 
and 201.7 to clarify that complete records about germination and 
purity, respectively, would include all the records of laboratory tests 
considered acceptable under proposed new Sec.  201.2 (nn) described 
above.

Labeling

    The FSA requires each container of agricultural and vegetable seed 
shipped in interstate commerce to be labeled with specific information. 
For agricultural seed, the label must include, among other things, the 
name of each kind of seed comprising more than 5 percent of the 
contents, and for certain kinds of seed, the labels must show the 
variety(ies). Currently, Sec.  201.12a of the regulations requires 
mixtures of lawn and turf seed to be labeled as mixtures and requires 
the name and percentage of each seed component to be listed on the 
label in the order of predominance. AMS proposes to revise Sec.  
201.12a by removing the reference to turf and lawn seed mixtures, 
requiring all mixtures of agricultural seed for seeding or planting 
purposes to be designated mixtures on the label, and requiring the 
label to list each seed component on the label in order of 
predominance. AMS proposes to add a similar requirement for labeling 
vegetable seed mixtures by adding a new Sec.  201.26a--Vegetable Seed 
Mixtures, which would require labels for mixtures of vegetable seeds to 
list each seed component in order of predominance. This change would 
reflect the current market practice of packaging vegetable seed 
mixtures, which has not previously been addressed in the regulations.
    The regulations prohibit the interstate shipment of agricultural or 
vegetable seeds containing seeds or bulblets of certain noxious weeds 
identified in Sec.  201.16(b). AMS proposes to revise the list of 
prohibited noxious weed seed in Sec.  201.16(b) by updating the 
scientific names of several species to reflect the current names 
recognized in the market. Where the shipment of noxious-weed seed is 
not prohibited under Sec.  201.16(b), the rate of occurrence in 
agricultural seed cannot exceed the rate permitted by each State into 
which the seed is shipped or reshipped, and the label must include the 
rate of occurrence according to each State's requirements. (See 7 CFR 
201.16(a)) AMS proposes to add a new Sec.  201.30c that would provide 
similar restrictions for shipments of noxious-weed seed in vegetable 
seed in containers weighing more than one pound. This addition would 
support State laws regarding noxious-weed seed in vegetable seed.
    Currently, Sec.  201.18 specifies that when agricultural seeds 
other than the predominant kind, variety, or type named on the label 
are included, they may be collectively identified as ``crop seeds'' or 
``other crop seeds'' by percentage. A proposed change to Sec.  201.18 
would remove the reference to ``crop seeds'' to reduce confusion about 
what is in the seed. Another proposed labeling change would clarify in 
Sec.  201.19 that the percentage by weight of inert matter in the seed 
includes coating material, if any is present. This would allow seed 
shippers to identify coating material separately from other inert 
material, if desired.
    Under Sec. Sec.  201.21 and 201.30, seed labels are required to 
show the percentage of hard seed--seed with an impermeable seed coat 
that doesn't absorb water and germinate--apart from the agricultural or 
vegetable seed germination percentage. A proposed change to Sec. Sec.  
201.21 and 201.30 would require labels to also show the percentage of 
dormant seed--seed other than hard seed that fails to germinate under 
specified conditions--apart from the germination percentage. The 
proposed rule would make similar changes to the labeling requirements 
for percentages of hard seed and dormant

[[Page 4605]]

seed in Sec. Sec.  201.29, 201.29a, and 201.31, which specify the 
labeling of vegetable seed. These changes are necessary to reflect the 
emerging industry practice of labeling dormant seed as such and 
providing the percentage of dormant seed on the label. Further changes 
to the heading and introductory paragraph of Sec.  201.31 would clarify 
that the germination standards for vegetable seeds in interstate 
commerce are minimum standards.
    Currently, the regulations require seed labels to include the full 
name and address of the shipper or consignee, or to show a code that 
identifies the shipper. Proposed revisions to Sec. Sec.  201.23, 
201.24, 201.27, and 201.28 would require the labels of both 
agricultural and vegetable seed to show the full name and address of 
the interstate shipper or show both a code identifying the interstate 
shipper and the full name and address of the consignee. AMS intends 
these proposed changes to reduce industry confusion about the labeling 
requirements.
    Currently, Sec.  201.31a requires seed labels to include the name 
or description of any treatment applied to the seed. Paragraph (b) of 
that section specifies the names that can be used to identify 
substances used in seed treatments. AMS proposes to revise Sec.  
201.31a(b) to clarify that active ingredient substances used in seed 
treatments must be included in the label, and that biological active 
ingredients should be identified by their brand names or genus and 
species names.

Seed Testing

    The regulations specify testing requirements for seed shipped in 
interstate commerce. Seed testing methodology continues to evolve as 
new equipment and processes are developed. In addition to the revisions 
described earlier in this document, AMS proposes the following 
revisions to the testing regulations in 7 CFR part 201 to ensure the 
requirements reflect methods and procedures that have been adopted in 
the industry and by AMS.
    The proposal would revise the introductory text of Sec.  201.48 to 
clarify that pure seed includes all seeds of each kind that are present 
in excess of 5 percent by weight of the whole. Revisions to Sec.  
201.48(g)(3) would remove references to chewings fescue, red fescue, 
and orchardgrass from the list of species for which special purity 
testing procedures are provided in Sec.  201.51a(b). Corresponding 
revisions to the Table of Factors to Apply to Multiple Units in Sec.  
201.51a(b)(2)(ii) would reflect the revisions to Sec.  201.48(g)(3). A 
proposed revision to Sec.  201.51a(a) would add more precise 
instructions relating to the Uniform Blowing Procedure used to separate 
pure seed and inert matter for seed testing, and the revision would 
better align the regulation with AOSA standards. A proposed revision to 
Sec.  201.58(a) would clarify that if the date for a final count for 
germination testing falls on a weekend or public holiday, the count 
could be taken on the following work day. A proposed revision to Sec.  
201.60(b)(2) would correct a reference to tolerance determinations for 
``crop seeds'' to refer to tolerance determinations for ``other crop 
seeds.'' A proposed revision to Sec.  201.61 would revise the title of 
the table in that section to be ``Fluorescence Tolerance, Based on Test 
Fluorescence (TFL)'' to clarify that the ryegrass fluorescence 
tolerances shown for 400-seed fluorescence tests are based on the test 
fluorescence level (TFL) calculated under Sec.  201.58a.
    Currently, for seed label claims related to germination rates to be 
truthful, they must incorporate the percentage of hard seed present. 
AMS proposes to revise the introductory text of Sec.  201.63 to clarify 
that when 400 or more seeds are tested, the amount of dormant seed in 
the mix must also be considered when calculating total germination. AMS 
proposes a similar revision for the introductory text and formula in 
Sec.  201.64, which provide the tolerance calculation for pure live 
seed.

Certification

    The regulations require seed certifying agencies to meet specified 
qualification standards and comply with procedures outlined in the 
regulations. One such procedure provided in Sec.  201.68 requires 
certifying agencies to obtain specific information from certification 
applicants. AMS proposes to revise the introductory text of Sec.  
201.68 to clarify that point, as the regulations as currently written 
have been confusing, making it unclear that certifying agencies must 
request the specified information. A further revision to Sec.  
201.68(b) would require entities applying for certification to supply 
information about the breeding technique(s) or reproductive 
stabilization procedures used to develop the variety. This change is 
necessary to recognize that different techniques are used to develop 
new plant varieties.
    A proposed revision to Sec.  201.70(a) would permit recertification 
of seed beyond the standard two generations past the Foundation seed 
generation only when neither Foundation nor Registered class seed is 
being maintained. Currently, the regulations allow recertification of 
Certified class seed when no Foundation seed is being maintained, even 
if Registered seed is being maintained. This revision would prohibit 
recertification of Certified class seeds when Registered class seed is 
being maintained. Adding this restriction would preclude 
recertification of Certified class seed when seed of a higher 
certification class is available. AMS intends such a restriction to 
prevent recertification of the class of seed most likely to have 
changed over time when more stable alternatives are available. Proposed 
revisions to Sec. Sec.  201.74 and 201.75 would remove the caveat that 
certified seed labeling would require the variety name only if the seed 
has been certified as to variety. This change would remove 
contradictory or confusing language from the regulations, since all 
certification is varietal.
    Section 201.76 of the regulations establishes production standards 
for Foundation, Registered, and Certified classes of various crop 
seeds. As well as adding the five new crop kinds mentioned earlier in 
the Terminology section, AMS proposes to add four explanatory footnotes 
to the chart of production standards in Sec.  201.76. Proposed footnote 
60 would explain that land on which certain seed is grown for 
certification must not have been planted in cruciferous crops during 
the previous five years, or for the previous three years if the 
previous crop was of the same variety and of the same or higher 
certification class. Proposed footnote 61 would explain that fields 
producing any class of certified seed must be at least 50 feet from any 
other variety or from fields of the same variety that do not meet the 
varietal purity requirements for certification. Proposed footnote 62 
would pertain to the production of sunn hemp and would explain that no 
other varieties of Crotolaria species would be allowed in Foundation, 
Registered, and/or Certified seed production fields. Proposed footnote 
63 would explain that producers of certified seed of any class for that 
crop should refer to the requirements established by certifying 
agencies in the production States for applicable production standards. 
AMS proposes adding these footnotes to explain specific standards for 
the new crops proposed to be added to the Table in Sec.  201.76 
(camelina, chickpea, hemp, radish, and sunn hemp), but most would be 
generic in nature and could apply to other crops in the future, as 
well.
    Section 201.78 provides additional certification requirements 
related to

[[Page 4606]]

pollen control for hybrids of certain crops. Paragraph (e) in section 
201.78 specifies the determination of the pollen production index (PPI) 
for hybrid alfalfa. Currently, paragraph (e) in section 201.78 provides 
maximum PPI for various hybrids of Foundation and Certified class seed. 
AMS proposes to revise Sec.  201.78(e) to provide greater specificity 
about maximum PPI allowances for hybrid alfalfa that would depend on 
the production method, parentage, and generation of hybrid seed being 
analyzed. The industry requested this revision in response to a change 
in production practices for hybrid alfalfa seed. AMS expects the 
proposed revision to recognize the breadth of hybridization methods 
currently used by different plant breeders.

Administrative Changes

    AMS is proposing to make several revisions of an administrative 
nature to the regulations to correct typographical errors and update 
addresses and other references to reflect current business practices or 
provide clarity. A proposed revision to Sec.  201.2(a) would replace 
the reference to ``the FSA'' with the words ``the Federal Seed Act'' to 
clarify the meaning of the term ``Act'' used throughout the 
regulations. References to the ``Act'' would replace references to the 
``act'' throughout the regulations and minor misspellings would be 
corrected in several sections. A proposed revision to Sec.  
201.51a(a)(3) would update the address for obtaining calibration 
samples and instructions from the Seed Regulatory and Testing Division 
to its current address in Gastonia, North Carolina. A proposed revision 
to the entries for ``Oat'' and ``Brussels Sprouts'' in Table 2 to 
paragraph (c)(3) in Sec.  201.58 would move the additional germination 
directions for fresh and dormant seed into the correct table column. 
Finally, AMS proposes to revise the headings for Parts 201 and 202 and 
to remove an undesignated center heading in Part 201 that is no longer 
needed. These changes replace references to the terms ``Rules'' or 
``Regulations'' with terms that comply with Code of Federal Regulations 
nomenclature conventions.

Rulemaking Analyses

Executive Orders 12866, 13563, and 13771

    AMS is issuing this proposed rule in conformance with Executive 
Orders 12866 and 13563, which direct agencies to assess all costs and 
benefits of available regulatory alternatives and, if regulations are 
necessary, to select regulatory approaches that maximize net benefits 
(including potential economic, environmental, public health and safety 
effects, distributive impacts, and equity). Executive Order 13563 
emphasizes the importance of quantifying both costs and benefits, 
reducing costs, harmonizing rules, and promoting flexibility.
    In the development of this proposed rule, AMS considered 
alternatives, including updating only the list of regulated seed 
varieties or making no changes at all. Ultimately, AMS rejected those 
alternatives because many references and processes in the current 
regulations are obsolete and do not reflect modern business and 
industry practices. AMS believes making the proposed revisions would 
best serve the industry by aligning seed species references with 
internationally recognized scientific names, clarifying processes to 
simplify regulatory compliance, and improving AMS's customer service. 
AMS does not expect the proposed rule to provide any environmental, 
public health, or safety benefits.
    This rule does not meet the criteria of a significant regulatory 
action under Executive Order 12866 as supplemented by Executive Order 
13563. Therefore, the Office of Management and Budget (OMB) has not 
reviewed this rule under those Orders. Because this rule does not meet 
the criteria of a significant regulatory action, it does not trigger 
the requirements in Executive Order 13771. See OMB's Memorandum titled 
``Interim Guidance Implementing Section 2 of the Executive Order of 
January 30, 2017, titled `Reducing Regulation and Controlling 
Regulatory Costs''' (February 2, 2017).
    AMS does not expect the proposed revisions to impact compliance 
costs for the private sector because the industry has already adopted 
the practices reflected by the proposed regulatory changes in order to 
comply with State laws. AMS expects seed industry stakeholders to 
benefit from the references to updated scientific nomenclature, which 
provides a common language for marketing seed. Likewise, AMS expects 
updating the labeling, testing, and certification requirements to 
simplify compliance and facilitate the interstate marketing of seed. 
AMS also expects stakeholders to benefit from streamlined AMS business 
practices.

Regulatory Flexibility Act

    Pursuant to requirements set forth in the Regulatory Flexibility 
Act (RFA) (5 U.S.C. 601 et seq.), AMS has considered the economic 
impact of this action on small business entities. The affected industry 
falls under the North American Industry Classification System (NAICS) 
as code 54171--Research and development in the physical, engineering, 
and life sciences. This classification includes firms that are not 
plant breeders/plant research, however no detailed industry data was 
available for the analysis.
    Table 1 shows the most recent descriptive data for the industry, 
obtained from the County Business Pattern 2016 survey. This data set 
provides information on the number of establishments, number of 
employees and total annual payroll.

Table 1--Number of Establishments, Revenue and Payroll by Employee Count, NAICS Code 54171, 2016 County Business
                                                  Patterns \4\
----------------------------------------------------------------------------------------------------------------
                                                           Number of        Number of paid      Annual payroll
                                                        establishments         employees           ($1,000)
----------------------------------------------------------------------------------------------------------------
All establishments..................................             17,292             695,810         $82,865,611
----------------------------------------------------------------------------------------------------------------

    The Small Business Administration (SBA) determines firm size for 
this industry by number of employees, but on a per firm basis, with 
small firms defined as having fewer than 1,000 employees and 1,000 or 
more employees per firm classified as large. Because firms may own more 
than one establishment, and the County Business Patterns data are 
compiled on an establishment rather than a firm basis, we must use the 
Economic Census data to determine the number of small and large firms 
for the industry.
---------------------------------------------------------------------------

    \4\ Geography Area Series: County Business Patterns by 
Employment Size Class, 2016 Business Patterns, https://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=BP_2016_00A3&prodType=table.
---------------------------------------------------------------------------

    Table 2 shows the most recent data available on the breakdown 
between

[[Page 4607]]

small (<1,000 employees) and large (1,000 or more employees) firms in 
this industry, according to SBA's guidance.\5\ The data are from the 
2002 Economic Census, with monetary values converted to 2016 dollars. 
More recent Economic Census data is not available at this level of 
detail for this industry.
---------------------------------------------------------------------------

    \5\ ``Table of Small Business Size Standards Matched to North 
American Industry Classification System Codes'', Small Business 
Administration, effective January 1, 2017, https://www.sba.gov/sites/default/files/files/Size_Standards_Table.pdf.

   Table 2--Number of Firms and Establishments, Revenue and Payroll by Employee Count, NAICS Code 54171, 2002
                                               Economic Census \6\
----------------------------------------------------------------------------------------------------------------
    Size of firm by number of        Number of       Number of    Number of paid     Revenue *    Annual payroll
            employees                  firms      establishments     employees       ($1,000)       * ($1,000)
----------------------------------------------------------------------------------------------------------------
Small--.........................          10,200          11,753         273,601     $49,702,793     $24,780,487
Firms with fewer than 1,000
 employees......................
Large--.........................              79           1,380         283,816      30,095,258      27,776,903
Firms with 1,000 employees or
 more...........................
All firms.......................          10,279          13,133         557,417      79,798,051      52,557,389
----------------------------------------------------------------------------------------------------------------
* Adjusted to 2016 values.

    The 2002 Economic Census reported that fewer than one percent of 
firms were considered large (79 of 10,279 firms, or 0.54 percent). The 
10,279 firms at that time owned a total of 13,133 establishments, with 
1,380 (nearly 11 percent) of these facilities owned by the 79 large 
firms.
---------------------------------------------------------------------------

    \6\ Professional, Scientific, and Technical Services: Subject 
Series--Establishment and Firm Size: Employment Size of Firms for 
the United States: 2002 Economic Census of the United States, 
https://factfinder.census.gov/faces/tableservices/jsf/pages/productview.xhtml?pid=ECN_2002_US_54SSSZ5&prodType=table.
---------------------------------------------------------------------------

    The tables show the extent of growth in the industry over time. The 
number of establishments has grown from 13,133 in 2002 to 17,292 in 
2016 (32 percent, or 2.3 percent per year). Total employment increased 
from 557,417 workers to 695,810 (25 percent, or 1.8 percent per year), 
and total annual payroll from $52,557,389 to $82,865,611 (58 percent or 
4 percent per year). These figures indicate that the industry has seen 
small to moderate growth, with a more highly paid work force over time. 
There do not appear to be significant changes in the structure of the 
industry between 2002 and 2016. AMS expects that the size distribution 
of the firms affected by these revisions is consistent with data 
reported in the 2002 Economic Census. Therefore, affected firms would 
mostly be considered small business entities under the criteria 
established by SBA (13 CFR 121.201).
    As a result of meeting with representatives of major seed industry 
stakeholder organizations in February 2019, AMS is updating regulations 
to reflect current industry standards and practices and to remove 
obsolete references. With these revisions to the existing FSA 
regulation, AMS proposes the following:
    1. Update the lists of which seed kinds are covered by the 
regulations and revise the names of several agricultural and vegetable 
seeds to provide updated scientific nomenclature;
    2. Revise the definitions of other terms used in the regulations to 
provide greater clarity for regulated entities;
    3. Update the seed labeling, testing, and certification 
requirements to reflect revised terminology and industry practices; and
    4. Correct misspellings and other errors in the regulations.
    Most of the proposed revisions listed above (1, 2, and 4) are 
changes in the regulations that would not impact costs to the private 
sector. The third proposal listed above is expected to lower the costs 
of seed testing for three grass species. The proposed revisions would 
eliminate the requirement to segregate certain components of seed in 
purity testing for those three species. This would reduce the number of 
component separations for those species from five to four. Cost savings 
are difficult to estimate. Information on the exact costs of the tests 
was difficult to obtain because of the variability in seed testing fees 
by third-party labs. Costs for these tests are generally based on 
hourly laboratory charges and can range between $10 and $50 per test. 
Without data on the breakdown of cost for each of the separations 
performed in the test, it is assumed testing costs for the three 
affected crops could fall by 20 percent as a result of the proposed 
revisions.
    The proposed revisions would ease the existing requirement to 
follow test procedures according to the Federal Seed Act before 
engaging in interstate commerce by allowing the use of seed testing 
methods from Association of Official Seed Analysts Rules used by most 
seed testing laboratories in the U.S. These revisions also expand the 
time requirement of the current regulation by allowing testing to be 
completed only on laboratory work days, which effectively acknowledges 
the existence of weekends and holidays, eliminating the need for staff 
to work or reschedule completion dates.
    The burden of labeling radishes is also expected to fall, as 
currently it is not considered agricultural seed under the Federal Seed 
Act. Radishes are now considered only as a vegetable crop and must be 
labeled by variety. Inclusion of radishes as agricultural seed under 
the Act will allow the industry to exclude varieties in labeling 
agricultural radish seed.
    The proposed rule reduces the trade burden associated with 
interstate seed commerce and encourages compliance with State and 
Federal laws. AMS has determined that this action would not have a 
significant negative economic impact on a substantial number of these 
small business entities.

Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1995 (44 U.S.C. 
Chapter 35), the information requirements under the regulations have 
been approved previously by OMB and assigned OMB No. 0581-0026. No 
changes are necessary in those requirements as a result of this 
proposed action. Reports and forms are periodically reviewed to reduce 
information requirements and duplication by industry and public sector 
agencies. Should any changes become necessary, they would be submitted 
to OMB for approval.

Congressional Review Act

    Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), 
the Office of Information and Regulatory Affairs

[[Page 4608]]

designated this rule as not a major rule as defined by 5 U.S.C. 804(2).

E-Government Act

    USDA is committed to complying with the E-Government Act (44 U.S.C. 
3601, et seq.) by promoting the use of the internet and other 
information technologies to provide increased opportunities for citizen 
access to Government information and services, and for other purposes.

Executive Order 13175

    This proposed action has been reviewed in accordance with the 
requirements of Executive Order 13175--Consultation and Coordination 
with Indian Tribal Governments. The review reveals that this regulation 
would not have substantial and direct impacts on Tribal governments or 
significant Tribal implications.

Executive Order 12988

    This proposed rule has been reviewed under Executive Order 12988, 
Civil Justice Reform. It is not intended to have retroactive effect. 
There are no administrative procedures that must be exhausted prior to 
judicial challenge to the provisions of this proposed rule.

List of Subjects

7 CFR Part 201

    Certified seed, Definitions, Inspections, Labeling, Purity 
analysis, Sampling.

7 CFR Part 202

    Administrative practice and procedure, Agricultural commodities, 
Imports, Labeling, Seeds, Vegetables.

    For the reasons set forth in the preamble, it is proposed that 7 
CFR parts 201 and 202 be amended as follows:

PART 201--FEDERAL SEED ACT REQUIREMENTS

0
1. The authority citation for part 201 continues to read as follows:

    Authority: 7 U.S.C. 1592.

0
2. In part 201, revise the heading to read as set forth above.
0
3. Remove the undesignated center heading ``RULES AND REGULATIONS OF 
THE SECRETARY OF AGRICULTURE''.


Sec.  201.2   [Amended]

0
4. Amend Sec.  201.2 by:
0
a. Removing in paragraph (a) the word ``FSA'' and adding in its place 
the words ``Federal Seed Act'';
0
 b. Removing in paragraph (b) the word ``a partnership'' and adding in 
their place the words ``an individual partnership'' and removing the 
words ``or trustee'' and adding in their place the words ``trustee, or 
agent'';
0
c. Removing in paragraph (h) the terms ``Bluestem, big--Andropogon 
gerardii Vitman'', ``Brome, mountain--Bromus marginatus Steud.'', 
``Buffalograss--Buchloe dactyloides (Nutt.) Engelm.'', '' Crambe--
Crambe abyssinica R.E. Fr.'', ``Crotalaria, sunn--Crotalaria juncea 
L.'', ``Galletagrass--Hilaria jamesii (Torr.) Benth.'', ``Guineagrass--
Panicum maximum Jacq. var. maximum'', ``Kochia, forage--Kochia 
prostrata (L.) Schrad.'', ``Millet, browntop--Brachiaria ramosa (L.) 
Stapf'', ``Millet, pearl--Pennisetum glaucum (L.) R. Br.'', 
``Napiergrass--Pennisetum purpureum Schumach.'', ``Needlegrass, green--
Stipa viridula Trin.'', ``Panicgrass, green--Panicum maximum Jacq.'', 
``Rape, bird--Brassica rapa L. subsp. campestris (L.) A.R. Clapham'', 
``Rape, turnip--Brassica rapa L. subsp. campestris (L.)'', and 
``Smilo--Piptatherum miliaceum (L.) Coss'';
0
 d. Adding in paragraph (h) in alphabetical order the terms ``Bluestem, 
big--Andropogon gerardi Vitman'', ``Brome, mountain--Bromus carinatus 
var. marginatus (Steud.) Barworth & Anderton'', ``Buffalograss--
Bouteloua dactyloides (Nutt.) Columbus'', ``Camelina--Camelina sativa 
(L.) Crantz subsp. sativa'', ``Crambe--Crambe hispanica L. subsp. 
abyssinica'', ``Crotalaria, sunn or sunn hemp--Crotalaria juncea L.'', 
``Galletagrass--Pleuraphis jamesii Torr.'', ``Guineagrass--Megathyrsus 
maximus (Jacq.) B. K. Simon & S. W. L. Jacobs'', ``Kochia, forage--
Bassia prostrata (L.) A. J. Scott'', ``Millet, browntop--Urochloa 
ramose (L.) T. Q. Nguyen'', ``Millet, pearl--Cenchrus americanus (L.) 
Morrone'', ``Napiergrass--Cenchrus purpureus (Schumach,) Morrone'', 
``Needlegrass, green--Nassella viridula (Trin.) Barkworth'', 
``Panicgrass, green--Megathyrsus maximus (Jacq.) B. K. Simon & S. W. L. 
Jacobs'', ``Radish--Raphanus sativus L.'', ``Rape, bird--Brassica rapa 
L. subsp. oleifera'', ``Rape, turnip--Brassica rapa L. Subsp. 
oleifera'', ``Smilo--Oloptum miliaceum (L.) R[ouml]ser & Hamasha'', and 
``Teff--Eragrostis tef (Zuccangi) Trotter'';
0
e. Removing in paragraph (i) the term ``Tomato--Lycopersicon esculentum 
Mill.'' and adding in its place the term ``Tomato--Solanum lycopersicum 
L.'';
0
 f. Removing in paragraph (j) the word ``act'' and replacing it with 
the word ``Act'';
0
g. Adding in the first sentence of paragraph (l)(1) wherever it appears 
the word ``treatment'' the words ``(including but not limited to 
coating, film coating, encrusting, or pelleting)'';
0
 h. Removing in the second sentence of paragraph (l)(1) the word 
``treatment'' and adding in its place the words ``chemical or 
biological treatment'' and removing the words ``analyses, tests, and 
examinations'' and adding in their place the words ``and acceptable 
tests'';
0
i. Adding in paragraph (p) after the word ``percent'' the words ``by 
weight'' and adding a second sentence to read ``A mixture of varieties 
of a single kind may be labeled as a blend.'';
0
 j. Adding in the second sentence of paragraph (q) after the word 
``dyes'' the words ``polymers, biologicals,'';
0
 k. Removing in paragraph (w), the words ``or crop seed'', and removing 
the words ``inert matter'' and adding in their place the words ``inert 
matter, including coating material if any is present'';
0
 l. Removing in paragraph (x), the words ``commercial preparation 
containing nitrogen fixing bacteria applied to seed'' and adding in 
their place the words ``product consisting of microorganisms applied to 
the seed for the purpose of enhancing the availability or uptake of 
plant nutrients through the root system'';
0
 m. Removing in paragraph (z), the word ``act'' and adding in its place 
the word ``Act'';
0
n. Removing in paragraph (mm), the word ``detasselling'' and adding in 
its place the word ``detasseling'';
0
o. Adding a new paragraphs (nn) and (oo).
    The additions read as follows:
* * * * *
    (nn) Acceptable test. The term ``acceptable test'' means any 
testing method described in Sec.  201.45 through Sec.  201.66 of this 
part, or to testing methods in accordance with Association of Official 
Seed Analyst (AOSA) rules.
    (oo) Brand. The term ``brand'' means word(s), name, symbol, number, 
mark, design, unique design, or any combination of those which 
distinguishes seed of one entity from seed of another.
0
5. Revise Sec.  201.3 to read as follows:


Sec.  201.3   Administrator.

    The Administrator of the Agricultural Marketing Service may perform 
such duties as the Secretary requires in enforcing the provisions of 
the Act and of the regulations in this part.


Sec.  201.4   [Amended]

0
 6. Amend Sec.  201.4 by:
0
a. Removing in paragraph (a) the word ``act'' and adding in its place 
the word ``Act''; and
0
b. Removing in paragraph (b) wherever it appears the word

[[Page 4609]]

``treatment'' and adding it its place the words ``(including but not 
limited to coating, film coating, encrusting, or pelleting)'' and 
removing the word ``act'' and adding in its place the word ``Act''.


Sec.  201.6   [Amended]

0
7. Amend Sec.  201.6 in the first sentence by adding the word 
``acceptable'' after the word ``all''.


Sec.  201.7   [Amended]

0
 8. Amend Sec.  201.7 by removing in the first sentence the words ``(a) 
records of analyses, tests, and examinations'' and adding in their 
place the words ``(a) records of acceptable tests''.


Sec.  201.8   [Amended]

0
 9. Amend Sec.  201.8 by removing in the last sentence the word ``act'' 
and adding in its place the word ``Act''.


Sec.  201.10   [Amended]

0
10. Amend Sec.  201.10 paragraph (a) by adding the word ``Radish;'' 
after the word ``Peanut;''.
0
 11. Revise Sec.  201.12a to read as follows:


Sec.  201.12a   Seed mixtures.

    Seed mixtures intended for seeding/planting purposes shall be 
designated as a mixture on the label and each seed component shall be 
listed on the label in the order of predominance.


Sec.  201.16   [Amended]

0
12. Amend Sec.  201.16 by:
0
 a. Removing in paragraph (a) in the first sentence the word ``state'' 
and adding in its place the word ``State'';
0
b. Removing in paragraph (b), the terms ``Emex australis Steinh.'', 
``Emex spinosa (L.) Campd.'', ``Leptochola chinensis (L.) Nees'', 
``Pennisetum clandestinum Chiov.'', ``Pennisetum macrourum Trin.'', 
``Pennisetum pedicellatum Trin.'', ``Pennisetum polystachion (L.) 
Schult.'', and ``Rubus fruticosus L. (complex)''; and
0
c. Adding in paragraph (b) in alphabetical order the terms ``Cenchrus 
caudatus (Schrad.) Kuntze'', ``Cenchrus clandestinus Morrone'', 
``Cenchrus pedicellatus (Trin.) Morrone'', ``Cenchrus polystachios (L.) 
Morrone'', ``Dinebra chinensis (L.) P. M. Peterson & N. Snow'', ``Rubus 
plicatus Weihe & Nees'', ``Rumex hypogaeus T.M. Schust & Reveal'', and 
``Rumex spinosus L.''.


Sec.  201.17   [Amended]

0
 13. Amend Sec.  201.17 by removing the words ``Quackgrass (Elytrigia 
repens)'' and adding in their place the words ``Quackgrass (Elymus 
repens)''.
0
 14. Revise Sec.  201.18 to read as follows:


Sec.  201.18   Other agricultural seeds.

    Agricultural seeds other than those included in the percentage or 
percentages of kind, variety, or type may be expressed as ``other crop 
seeds,'' but the percentage shall include collectively all kinds, 
varieties, or types not named upon the label.
0
15. Revise Sec.  201.19 to read as follows:


Sec.  201.19   Inert matter.

    The label shall show the percentage by weight of inert matter, 
including coating material as defined in Sec.  201.2(q), if any is 
present.
0
 16. Revise Sec.  201.20 to read as follows:


Sec.  201.20   Germination

    The label shall show the percentage of germination for each kind, 
kind and variety, kind and type, or kind and hybrid of agricultural 
seed comprising more than 5 percent of the whole. The label shall show 
the percentage of germination for each kind, kind and variety, kind and 
type, or kind and hybrid of agricultural seed comprising 5 percent of 
the whole or less if the seed is identified individually on the label.
0
17. Revise Sec.  201.21 to read as follows:


Sec.  201.21   Hard seed or dormant seed.

    The label shall show the percentage of hard seed or dormant seed, 
as defined in Sec.  201.57 or Sec.  201.57a, if any is present. The 
percentages of hard seed and dormant seed shall not be included as part 
of the germination percentage.
0
18. Revise Sec.  201.23 to read as follows:


Sec.  201.23   Name of interstate shipper or name of consignee.

    The full name and address of the interstate shipper shall appear 
upon the label. If the name and address of the shipper are not shown 
upon the label, a code designation identifying the interstate shipper 
shall be shown, along with the full name and address of the consignee.
0
 19. Amend Sec.  201.24 by revising the second sentence to read as 
follows:


Sec.  201.24   Code designation.

     * * * When used, the AMS code designation shall appear on the 
label in a clear and legible manner, along with the full name and 
address of the consignee.


Sec.  201.25   [Amended]

0
 20. Amend Sec.  201.25 by removing in the third sentence the word 
``act'' and adding in its place the word ``Act''.
0
 21. Add Sec.  201.26a to read as follows:


Sec.  201.26a   Vegetable seed mixtures.

    Vegetable seed mixtures for seeding/planting purposes shall be 
designated as a mixture on the label, and each seed component shall be 
listed on the label in the order of predominance.
0
 22. Revise Sec.  201.27 to read as follows:


Sec.  201.27   Name of interstate shipper or name of consignee.

    The full name and address of the interstate shipper shall appear 
upon the label. If the name and address of the interstate shipper are 
not shown upon the label, a code designation identifying the interstate 
shipper shall be shown, along with the full name and address of the 
consignee.
0
 23. Amend Sec.  201.28 by revising the second sentence to read as 
follows:


Sec.  201.28   Code designation.

     * * * When used, the AMS code designation shall appear on the 
label in a clear and legible manner, along with the full name and 
address of the consignee.
0
24. Revise Sec.  201.29 to read as follows:


Sec.  201.29   Germination of vegetable seed in containers of 1 pound 
or less.

    Vegetable seeds in containers of 1 pound or less which have a 
germination percentage equal to or better than the standard set forth 
in Sec.  201.31 need not be labeled to show the percentage of 
germination and date of test. Each variety of vegetable seed which has 
a germination percentage less than the standard set forth in Sec.  
201.31 shall have the words ``Below Standard'' clearly shown in a 
conspicuous place on the label or on the face of the container in type 
no smaller than 8 points. Each variety which germinates less than the 
standard shall also be labeled to show the percentage of germination 
and the percentage of hard seed or dormant seed (if any).
0
 25. Revise Sec.  201.29a to read as follows:


Sec.  201.29a   Germination of vegetable seed in containers of more 
than 1 pound.

    Each variety of vegetable seeds in containers of more than 1 pound 
shall be labeled to show the percentage of germination and the 
percentages of hard seed or dormant seed (if any).
0
26. Revise Sec.  201.30 to read as follows:


Sec.  201.30   Hard seed or dormant seed.

    If hard seed or dormant seed as defined in Sec. Sec.  201.57 or 
201.57a, respectively, is present in the seed kinds indicated in those 
sections, the label shall show the percentage of hard seed or dormant 
seed present. The percentages of hard seed and dormant seed shall not 
be included as part of the germination percentage.
0
27. Add Sec.  201.30c to read as follows:

[[Page 4610]]

Sec.  201.30c   Noxious-weed seeds of vegetable seed in containers of 
more than 1 pound.

    Except for those kinds of noxious-weed seeds shown in Sec.  
201.16(b), the names of kinds of noxious-weed seeds and the rate of 
occurrence of each shall be expressed in the label in accordance with, 
and the rate 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 noxious-weed seed 
content, if necessary, to conform to the laws and regulations of the 
State into which the seed is diverted.
0
28. Amend Sec.  201.31 by revising the heading and the introductory 
paragraph to read as follows:


Sec.  201.31   Minimum germination standards for vegetable seeds in 
interstate commerce.

    The following minimum germination standards for vegetable seeds in 
interstate commerce, which shall be construed to include hard seed and 
dormant seed, are determined and established under section 403(c) of 
the Act:
* * * * *
0
29. Amend Sec.  201.31a by revising paragraph (b) to read as follows:


Sec.  201.31a   Labeling treated seed.

* * * * *
    (b) Name of substance or active ingredient. The name of any active 
ingredient substance as required by paragraph (a) of this section shall 
be the commonly accepted coined, chemical (generic), or abbreviated 
chemical name. The label shall include either the name of the genus and 
species or the brand name as identified on biological product labels. 
Commonly accepted coined names are free for general use by the public, 
are not private trademarks, and are commonly recognized as names of 
particular substances, such as thiram, captan, lindane, and dichlone. 
Examples of commonly accepted chemical (generic) names are blue-stone, 
calcium carbonate, cuprous oxide, zinc hydroxide, hexachlorobenzene, 
and ethyl mercury acetate. The terms ``mercury'' or ``mercurial'' may 
be used in labeling all types of mercurials. Examples of the genus and 
species names for brand named biologicals are Bacillus subtilis 
(Kodiak) for a single species, and Bradyrhizobium japonicum, 
Penicillium bilaiae (TagTeam Soybean Granular Inoculant) for a mixture. 
Examples of commonly accepted abbreviated chemical names are BHC (1, 2, 
3, 4, 5, 6-Hexachlorocyclohexane) and DDT (dichloro diphenyl 
trichloroethane).
* * * * *


Sec.  201.33   [Amended]

0
30. Amend Sec.  201.33 paragraph (a) and (b) by removing wherever it 
appears the word ``act'' and adding in its places the word ``Act''.


Sec.  201.36b   [Amended]

0
 31. Amend Sec.  201.36b, in paragraph (a) by removing wherever it 
appears the word ``act'' and adding in its places the word ``Act''.


Sec.  201.37   [Amended]

0
32. Amend Sec.  201.37 by removing wherever it appears the word ``act'' 
and adding in its places the word ``Act''.


Sec.  201.38   [Removed and Reserved]

0
33. Remove and reserve Sec.  201.38.


Sec.  201.39   [Amended]

0
34. Amend Sec.  201.39, in paragraph (c), by removing the word 
``proble'' in and adding in its place the word ``probe''.
0
35. Amend Sec.  201.46 by:
0
a. Revising paragraph (b); and
0
b. Adding in Table 1 to paragraph (d)(2)(iii), entries for 
``Camelina'', ``Radish'', and ``Teff'' in the ``Agricultural Seed'' 
section in alphabetical order.
    The revisions and additions read as follows:


Sec.  201.46   Weight of working sample.

* * * * *
    (b) Mixtures consisting of one predominant kind of seed or groups 
of kinds of similar size. The weights of the purity and noxious-weed 
seed working samples in this category shall be determined by the kind 
or group of kinds which comprise more than 50 percent of the sample.
* * * * *
    (d) * * *
    (2) * * *
    (iii) * * *

                                        Table 1 to paragraph (d)(2)(iii)
----------------------------------------------------------------------------------------------------------------
                                                                                  Minimum weight
                                                                  Minimum weight   for  noxious-    Approximate
                          Name of seed                              for  purity      weed seed    number of seed
                                                                     analysis       examination      per gram
                                                                      (grams)         (grams)
----------------------------------------------------------------------------------------------------------------
Agricultural Seed:
    Camelina....................................................               4              40             880
    Radish......................................................              30             300              75
    Teff........................................................               1              10           3,288
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------

Sec.  201.47a   [Amended]

0
36. Amend Sec.  201.47a by:
0
a. Removing in paragraph (b)(6) the words ``Buchloe dactyloides'' and 
adding in their place the words ``Bouteloua dactyloides'';
0
b. Removing in paragraph (c) the word ``Compositae'' and adding in its 
place the word ``Asteraceae'';
0
c. Removing in paragraph (d) the word ``Legumionsae'' and adding in its 
place the word ``Fabaceae'';
0
d. Removing in paragraph (e) the word ``Umbelliferae'' and adding in 
its place the word ``Apiaceae''; and
0
e. Removing in paragraph (f) the word ``Labiatae'' and adding in its 
place the word ``Lamiaceae''.
0
37. Amend Sec.  201.48 by revising the first sentence of the 
introductory text and paragraphs (a), (f), (g)(1) and (3) to read as 
follows:


Sec.  201.48   Kind or variety considered pure seed.

    The pure seed shall include all seeds of each kind or each kind and 
variety under consideration present in excess of 5 percent by weight of 
the whole. * * *

[[Page 4611]]

    (a) Immature or shriveled seeds and seeds that are cracked or 
injured. For seeds of legumes (Fabaceae) and crucifers (Brassicaceae) 
with the seed coats entirely removed refer to Sec.  201.51(a)(1);
* * * * *
    (f) Intact fruits, whether or not they contain seed, of species 
belonging to the following families: Sunflower (Asteraceae), buckwheat 
(Polygonaceae), carrot (Apiaceae), valerian (Valerianaceae), mint 
(Laminaceae) and other families in which the seed unit may be a dry, 
indehiscent one-seeded fruit. For visibly empty fruits, refer to inert 
matter, Sec.  201.51(a)(6);
    (g) * * *
    (1) Intact burs of buffalograss (Bouteloua dactyloides) shall be 
considered pure seed whether or not a caryopsis is present. Refer to 
Sec.  201.51(a)(6) for burs which are visibly empty.
* * * * *
    (3) Special purity procedures for smooth brome, fairway crested 
wheatgrass, standard crested wheatgrass, intermediate wheatgrass, 
pubescent wheatgrass, tall wheatgrass, and western wheatgrass are 
listed in Sec.  201.51a(b).
* * * * *


Sec.  201.51   [Amended]

0
38. Amend Sec.  201.51 by:
0
a. Removing in paragraph (a)(1) the words ``Leguminosae'', 
``crucifers'', and ``Cruciferae'', and adding in their places the words 
``Fabaceae'', ``brassica'', and Brassicaceae'', respectively;
0
b. Removing in paragraph (b)(2)(iv) the word ``Agropyron'' and adding 
in its place the word ``Elymus'';
0
c. Removing in paragraph (b)(2)(v) the words ``A. repens'' and adding 
in their place the words ``E. repens''; and
0
d. Removing in paragraph (b)(4) the word ``Compositae'' and adding in 
its place the word ``Asteraceae''.
0
39. Amend Sec.  201.51a by revising paragraph (a) and the table in 
paragraph (b)(2)(ii) to read as follows:


Sec.  201.51a   Special procedures for purity analysis.

    (a) The laboratory analyst shall use the Uniform Blowing Procedure 
described in this paragraph to separate pure seed and inert matter in 
the following: Kentucky bluegrass, Canada bluegrass, rough bluegrass, 
Pensacola variety of bahiagrass, orchardgrass, blue grama, and side-
oats grama.
    (1) Separation of mixtures. Separate seed kinds listed in this 
section from other kinds in mixtures before using the Uniform Blowing 
Procedure.
    (2) Calibration samples. Obtain calibration samples and 
instructions, which are available on loan through the Seed Regulatory 
and Testing Division, S&T, AMS, 801 Summit Crossing Place, Suite C, 
Gastonia, North Carolina, 28054.
    (3) Blowing point. Use the calibration samples to establish a 
blowing point prior to proceeding with the separation of pure seed and 
inert matter for these kinds.
    (i) Refer to the specifications on the calibration samples for 
Kentucky bluegrass, orchardgrass, and Pensacola variety of bahiagrass 
to determine their appropriate blowing points for the Uniform Blowing 
Procedure.
    (ii) Use the calibration sample for Kentucky bluegrass to determine 
the blowing points for Canada bluegrass, rough bluegrass, blue grama, 
and side-oats grama.
    (A) The blowing point for Canada bluegrass shall be the same as the 
blowing point determined for Kentucky bluegrass.
    (B) The blowing point for rough bluegrass shall be a factor of 0.82 
(82 percent) of the blowing point determined for Kentucky bluegrass. 
The 0.82 factor is restricted to the General-type seed blower.
    (C) The blowing point for blue grama shall be a factor of 1.157 of 
the blowing point determined for Kentucky bluegrass. Before blowing, 
extraneous material that will interfere with the blowing process shall 
be removed. The sample to be blown shall be divided into four 
approximately equal parts and each blown separately. The 1.157 factor 
is restricted to the General-type seed blower.
    (D) The blowing point for side-oats grama shall be a factor of 
1.480 of the blowing point determined for Kentucky bluegrass. Before 
blowing, extraneous material that will interfere with the blowing 
process shall be removed. The sample to be blown shall be divided into 
four approximately equal parts and each part blown separately. The 
1.480 factor is restricted to the General-type seed blower.
    (4) Blower calibration. Calibrate and test the blower according to 
the instructions that accompany the calibration samples before using 
the blower to analyze the seed sample. Use the anemometer to set the 
blower gate opening according to the calibration sample specifications.
    (i) Determine the blowing point using a calibrated anemometer.
    (ii) Position the anemometer fan precisely over the blower opening, 
set it at meters per second (m/s), run the blower at the calibrated 
gate setting, and wait 30 seconds before reading the anemometer.
    (iii) Use this anemometer reading to determine the blower gate 
setting whenever the Uniform Blowing Procedure is required.
    (5) Pure seed and inert matter. Use the calibrated blower to 
separate the seed sample into light and heavy portions. After 
completing the initial separation, remove and separate all weed and 
other crop seeds from the light portion. The remainder of the light 
portion shall be considered inert matter. Remove all weed and other 
crop seeds and other inert matter (stems, leaves, dirt) from the heavy 
portion and add them to the weed seed, other crop seed, or inert matter 
separations, as appropriate. The remainder of the heavy portion shall 
be considered pure seed.
    (b) * * *
    (2) * * *
    (ii) * * *

                                                      Table of Factors To Apply to Multiple Units a
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                          Crested wheat-     Pubescent     Intermediate     Tall wheat-   Western wheat-
          Percent of single units of each kind               grass \b\      wheat-grass     wheat-grass      grass \c\       grass \c\     Smooth brome
--------------------------------------------------------------------------------------------------------------------------------------------------------
50 or below.............................................              70              66              72              --              --              72
50.01-55.00.............................................              72              67              74              --              --              74
55.01-60.00.............................................              73              67              75              --              --              75
60.01-65.00.............................................              74              67              76              --              --              76
65.01-70.00.............................................              75              68              77              --              60              78
70.01-75.00.............................................              76              68              78              --              66              79
75.01-80.00.............................................              77              69              79              50              67              81
80.01-85.00.............................................              78              69              80              55              68              82
85.01-90.00.............................................              79              69              81              65              70              83

[[Page 4612]]

 
90.01-100.00............................................              79              70              82              70              74              85
--------------------------------------------------------------------------------------------------------------------------------------------------------
\a\ The factors represent the percentages of the multiple unit weights which are considered pure seed. The remaining percentage is regarded as inert
  matter.
\b\ Includes both standard crested wheatgrass and fairway crested wheatgrass.
\c\ Dashes in table indicate that no factors are available at the levels shown.

Sec.  201.56   [Amended]

0
 40. Amend Sec.  201.56, in paragraph (d), by removing the word 
``Umbelliferae'' and adding in its place the word ``Apiaceae.''
0
 41. Amend Sec.  201.58 by:
0
a. Revising paragraphs (a)(1) and (b)(13);
0
b. Adding in Table 2 to paragraph (c)(3) entries for ``Camelina'', 
``Radish'', and ``Teff'' in the ``Agricultural Seed'' section in 
alphabetical order;
0
 c. Revising in Table 2 to paragraph (c)(3) the entry for ``Oat'' in 
the ``Agricultural Seed'' section; and
0
 d. Revising in Table 2 to paragraph (c)(3) the entry for ``Brussels 
Sprouts'' in the ``Vegetable Seed'' section.
    The revisions and additions read as follows:


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

* * * * *
    (a) Definitions and explanations applicable to table 2--(1) 
Duration of tests. The following deviations are permitted from the 
specified duration of tests: Any test may be terminated prior to the 
number of days listed under ``Final count'' if the maximum germination 
of the sample has then been determined. The number of days stated for 
the first count is approximate and a deviation of 1 to 3 days is 
permitted. If at the time of the prescribed test period the seedlings 
are not sufficiently developed for positive evaluation, it is possible 
to extend the time of the test period two additional days. If the 
prescribed test period or the allowed extension falls on a weekend or 
public holiday, the test may be extended to the next working day. 
(Also, see paragraph (a)(5) of this section and Sec.  201.57.)
* * * * *
    (b) * * *
    (13) Fourwing Saltbush (Atriplex canscens); preparation of seed for 
test. De-wing seeds and soak for 2 hours in 3 liters of water, after 
which rinse with approximately 3 liters of distilled water. Remove 
excess water, air dry for 7 days at room temperature, then test for 
germination as indicated in Table 2.
    (c) * * *
    (3) * * *

                                                              Table 2 to Paragraph (c)(13)
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                        Additional directions
                                                              Temperature     First count     Final count  ---------------------------------------------
           Name of seed                    Substrata           ([deg]C)          days            days                                Fresh and dormant
                                                                                                            Specific requirements           seed
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                    Agricultural Seed
--------------------------------------------------------------------------------------------------------------------------------------------------------
Camelina..........................  TB                                  20               4               7
                                                                                                           ---------------------------------------------
Oat...............................  B, T, S                         20; 15               5              10    Prechill at 5 or 10 [deg]C for 5 days and
                                                                                                              test for 7 days or predry and test for 10
                                                                                                                                days.
                                                                                                           ---------------------------------------------
Radish............................  B, T                                20               4               6
                                                                                                           ---------------------------------------------
Teff..............................  TB                               20-30               4               7                      KNO3
                                                                                                           ---------------------------------------------
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                     Vegetable Seed
--------------------------------------------------------------------------------------------------------------------------------------------------------
Brussels Sprouts..................  B, P, T                          20-30               3              10     Prechill 5 days at 5 or 10 [deg]C for 3
                                                                                                                        days; KNO3 and Light.
                                                                                                           ---------------------------------------------
 
                                                                      * * * * * * *
--------------------------------------------------------------------------------------------------------------------------------------------------------

* * * * *


Sec.  201.59   [Amended]

0
42. Amend Sec.  209.59 by removing wherever it appears the word ``act'' 
and adding in its place the word ``Act''.


Sec.  201.60  [Amended]

0
 43. Amend Sec.  201.60 by:
0
a. Adding in the second sentence of paragraph (a)(1) the word ``teff,'' 
after the words ``sweet vernalgrass,'';
0
b. Removing in the first sentence of paragraph (a)(2) the word ``act'' 
and adding in its place the word ``Act''; and
0
c. Adding in the first sentence of paragraph (b)(2) the word ``other'' 
before the words ``crop seeds''.

[[Page 4613]]

0
44. Amend Sec.  201.61 by revising the table heading to read as 
follows:


Sec.  201.61   Fluorescence percentages in ryegrasses.

    * * *
    FLUORESCENCE TOLERANCE, BASED ON TEST FLUORESCENCE (TFL)
* * * * *
0
45. Amend Sec.  201.63 by revising the introductory paragraph to read 
as follows:


Sec.  201.63   Germination.

    The following tolerances are applicable to the percentage of 
germination and also to the sum of the germination plus the hard seed 
and dormant seed when 400 or more seeds are tested.
* * * * *
0
46. Revise Sec.  201.64 to read as follows:


Sec.  201.64   Pure live seed.

    The tolerance for pure live seed shall be determined by applying 
the respective tolerances to the germination plus the hard seed and 
dormant seed, and the pure seed.
[GRAPHIC] [TIFF OMITTED] TP27JA20.042

0
47. Amend Sec.  201.68 by revising the introductory text and paragraph 
(b) to read as follows:


Sec.  201.68   Eligibility requirements for certification of varieties.

    When a seed originator, developer, owner of the variety, or agent 
thereof requests eligibility for certification, the certification 
agency shall require the person to provide the following information 
upon request:
* * * * *
    (b) A statement concerning the variety's origin and the breeding 
technique(s) or the reproductive stabilization procedures used in its 
development.
* * * * *
0
48. Amend Sec.  201.70 by revising paragraph (a) to read as follows:


Sec.  201.70   Limitations of generations for certified seed.

* * * * *
    (a) Recertification of the Certified class may be permitted when no 
Foundation or Registered seed is being maintained; or
* * * * *


Sec.  201.74   [Amended]

0
49. Amend Sec.  201.74 by removing in paragraphs (a), (b), and (c), the 
words ``(if certified as to variety)''.


Sec.  201.75   [Amended]

0
50. Amend Sec.  201.75 by removing in paragraphs (b)(1) and (c), 
wherever it appears the words ``(if certified as to variety)''.
0
51. Amend Sec.  201.76 Table 5 by adding in alphabetical order entries 
for ``Camelina'', ``Chickpea'', ``Hemp'', ``Radish'', ``Sunn hemp'' and 
footnotes ``60'' through ``63'' to read as follows:


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

* * * * *

                                                                                    Table 5 to Sec.   201.76
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
                                                      Foundation                                          Registered                                              Certified
               Crop                -------------------------------------------------------------------------------------------------------------------------------------------------------------
                                     Land        Isolation         Field     Seed     Land           Isolation            Field      Seed     Land           Isolation           Field     Seed
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
Camelina..........................  \8\ 1  \61\ 50 (\59\ 15.24m)    5,000      0.1    \8\ 1  \61\ 50 (\59\15.24m).....      2,000      0.2    \8\ 1  \61\ 50 (\59\ 15.24m)....    1,000      0.3
Chickpea..........................  \7\ 1  \23\ 0...............   10,000      0.1    \7\ 1  \23\ 0...................      2,000      0.2    \7\ 1  \23\ 0...................    1,000      0.2
Hemp..............................  (\63\  (\63\)...............   (\63\)   (\63\)   (\63\)  (\63\)...................     (\63\)   (\63\)   (\63\)  (\63\)...................   (\63\)   (\63\)
                                        )
Radish............................   \60\  1,320 (\59\ 402.34m).        0     0.05   \60\ 5  1,320 (\59\ 402.34m).....      1,000      0.1   \60\ 5  660 (\59\ 201.17m).......      500     0.25
                                        5
Sunn hemp.........................  \7\ 1  1,320 (\59\ 402.34m).     \62\      0.1    \7\ 1  660 (\59\ 201.17m).......       \62\     0.25    \7\ 1  330 (\59\ 100.58m).......     \62\      0.5
                                                                     5000                                                   1,000                                                   500
 
                                                                                          * * * * * * *
------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
 * * * * * * *
\60\ Land must not have grown or been seeded to any cruciferous crops during the previous 5 years. This interval may be reduced to 3 years, if following the same variety and the same or higher
  certification class.
\61\ Field producing any class of certified seed must be at least 50 feet from any other variety or fields of the same variety that do not meet the varietal purity requirement for
  certification.
\62\ No other Crotalaria species allowed in Foundation, Registered and/or Certified production fields.
\63\ Refer to the certifying agency in the production State(s) for certification standards.

0
 52. Amend Sec.  201.78 by revising paragraph (e) to read as follows:


Sec.  201.78   Pollen control for hybrids.

* * * * *
    (e) Hybrid alfalfa. When at least 75 percent of the plants are in 
bloom and there is no more than 15 percent seed set, 200 plants shall 
be examined to determine the pollen production index (PPI). Each plant 
is rated as 1, 2, 3 or 4 with ``1'' representing no pollen, ``2'' 
representing a trace of pollen, ``3'' representing substantially less 
than normal pollen, and ``4'' representing normal pollen. The rating is 
weighted as 0, 0.1, 0.6 or 1.0, respectively. The total number of 
plants of each rating is multiplied by the weighted rating and the 
values are totaled. The total is divided by the number of plants rated 
and multiplied by 100 to determine the PPI. For hybrid production using 
separate male and female rows, the maximum PPI allowed for 95 percent 
hybrid seed is 14 for the Foundation class, and 6 for the F1 hybrid. 
For hybrid production using comingled parent lines, the maximum PPI 
allowed for 75 percent hybrid Certified class seed is 25, with an 
allowance for blending to reach a PPI of 25 for fields with a PPI above 
25, but no greater than 30.

[[Page 4614]]

PART 202--FEDERAL SEED ACT ADMINISTRATIVE PROCEDURES

0
 53. The authority citation for part 202 continues to read as follows:

    Authority:  302, 305, 402, 408, 409, 413, 414, 53 Stat. 1275, as 
amended; 7 U.S.C. 1582, 1585, 1592, 1598, 1599, 1603, and 1604.

0
54. In part 202, the heading is revised to read as set forth above.

Subpart C--Provisions Applicable to Other Proceedings

0
 55. In subpart C, revise the heading to read as set forth above.

    Dated: January 9, 2020.
Bruce Summers,
Administrator, Agricultural Marketing Service.
[FR Doc. 2020-00400 Filed 1-24-20; 8:45 am]
 BILLING CODE 3410-02-P