Amendments to Regulations Under the Federal Seed Act

Executive Order 12866

This proposed rule has been determined to be ``not significant'' for purposes of Executive Order 12866, and therefore, has not been reviewed by the Office of Management and Budget.

Executive Order 12988

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

Regulatory Flexibility Act

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

Paperwork Reduction Act

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

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

Background

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

Noxious-Weed Seeds

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

Additional Kinds, Names

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

Seed Testing

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

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

Seed Certification

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

Corrections

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

List of Subjects in 7 CFR Part 201

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

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

PART 201--REGULATIONS UNDER THE FEDERAL SEED ACT

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

Authority: 7 U.S.C. 1592.

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

Sec. 201.2 Terms defined.

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

Sec. 201.16 Noxious-weed seeds.

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

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

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

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

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

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

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

Sec. 201.46 Weight of working sample.

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

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

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

Sec. 201.47 Separation.

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

Sec. 201.47a [Amended]

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

Sec. 201.50 Weed seed.

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

Sec. 201.51 [Amended]

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

Sec. 201.55 Retests.

* * * * * (a) * * *

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

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

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

Sec. 201.56-5 [Amended]

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

Sec. 201.56-6 [Amended]

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

Sec. 201.57 Hard seeds.

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

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

* * * * *

Table 2.--Germination Requirements for Indicated Kinds

* * * * *

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

Sec. 201.60 [Amended]

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

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

Sec. 201.65 Noxious-weed seeds in interstate commerce.

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

Sec. 201.74 Labeling all classes of seed.

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

Sec. 201.75 Interagency certification.

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

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

* * * * *

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

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