Amendments to Regulations Under the Federal Seed Act

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