Federal Register / Vol. 85, No. 130 / Tuesday, July 7, 2020 / Rules and Regulations 40571

§ 1650.1 Definitions. clarifies confusing or contradictory revises the definitions of other terms * * * * * language in the existing regulations. The used in the regulations to provide (b) * * * revisions are expected to reduce trade greater clarity for regulated entities. Required beginning date means the burden associated with interstate seed Other revisions in this rule update the required beginning date as defined in commerce and encourage compliance seed labeling, testing, and certification Internal Revenue Code section 401(a)(9) with State and Federal laws. requirements to reflect revised and the regulations and guidance DATES: Effective August 6, 2020. terminology, as well as the evolution of promulgated thereunder. FOR FURTHER INFORMATION CONTACT: industry practices. Finally, this rule * * * * * Ernest Allen, Director, Seed Regulatory makes several revisions of an and Testing Division, Science and administrative nature to correct PART 1651—DEATH BENEFITS Technology Program, AMS, USDA; 801 misspellings and other errors in the Summit Crossing Place, Suite C, regulations. Specific revisions are ■ 6. The authority citation for Part 1651 Gastonia, NC 28054, USA; telephone: described below. continues to read as follows: 704–810–8884; email Ernest.Allen@ Revisions Authority: 5 U.S.C. 8424(d), 8432d, usda.gov. 8432(j), 8433(e), 8435(c)(2), 8474(b)(5) and Nomenclature SUPPLEMENTARY INFORMATION: The FSA 8474(c)(1). (7 U.S.C. 1551–1611) regulates interstate The regulations specify the kinds of ■ 7. Amend § 1651.1(b) by revising the commerce of planting seeds for agricultural and vegetable seed that are definition for ‘‘Required beginning agricultural and gardening purposes. subject to regulation. This rule revises date’’ to read as follows: The FSA requires seeds to meet certain the list of agricultural seed covered by the regulation in § 201.2(h) by adding § 1651.1 Definitions. germination rate, purity, and certification standards. Under the FSA, camelina, radish, and teff to the list. * * * * * seeds must be truthfully labeled with The revisions add radish to the list of (b) * * * specific quality information. As well, seed kinds for which the variety is Required beginning date means the the FSA requires all persons shipping required on the label in § 201.10(a); add required beginning date as defined in agricultural seed in interstate commerce camelina, radish, and teff to the list of Internal Revenue Code section 401(a)(9) to maintain records of seed variety, seed kinds for which sample weights are and the regulations and guidance origin, treatment, germination, and specified in Table 1 to promulgated thereunder. purity. Regulations established under § 201.46(d)(2)(iii); add camelina, radish, * * * * * the FSA (7 CFR part 201) (regulations) and teff to the list of seed kinds for [FR Doc. 2020–13683 Filed 7–2–20; 8:45 am] implement the requirements of the FSA which germination requirements are BILLING CODE 6760–01–P and are administered by the specified in Table 2 to § 201.58(c)(3); Agricultural Marketing Service (AMS). add teff to the list of seed kinds for From time to time, AMS finds it which purity percentage tolerances are DEPARTMENT OF AGRICULTURE necessary to update the regulations to increased in § 201.60(a)(1); and add reflect current industry standards and camelina, chickpea, hemp, radish, and Agricultural Marketing Service practices and to remove obsolete sunn hemp to the list of seed kinds for references. AMS last updated the which standards related to certification 7 CFR Parts 201 and 202 regulations in 2011 (76 FR 31790). AMS are specified in Table 5 to § 201.76. To assure clear market [Doc. No. AMS–ST–19–0039] met with representatives of major seed industry stakeholder organizations in communication about seeds, the RIN 0581–AD91 February 2019 to discuss possible regulations use the Latin scientific names assigned to plants in the Revisions to the Federal Seed Act revisions to make the regulations more reflective of current industry practices International Code of Nomenclature for Regulations 1 and updated testing methods. Based on Cultivated Plants and recognized AGENCY: Agricultural Marketing Service, stakeholder input, the Seed Regulatory throughout the world. Occasionally, the USDA. and Testing Division of AMS’s Science International Union of Biological Science’s International Commission for ACTION: Final rule. and Technology Program initiated this action to update the regulations. the Nomenclature of Cultivated Plants SUMMARY: This final rule revises the AMS published a proposed rule in the revises those scientific names. This rule regulations that implement the Federal Federal Register on January 27, 2020 further revises § 201.2(h) by updating Seed Act (FSA). Revisions are made to (85 FR 4603), describing proposed the scientific names for 15 agricultural seed labeling, testing, and certification revisions and updates to the regulations. seed kinds already on the list (big requirements. The revisions add certain The proposed rule provided a 60-day bluestem, mountain brome, seed species to the lists of covered kinds public comment period ending March buffalograss, crambe, galletagrass, of seed and update the lists to reflect 27, 2020. Seven comments were guineagrass, forage kochia, browntop current scientific nomenclature; update submitted. After considering the millet, pearl millet, napiergrass, green regulations related to seed quality, comments, AMS revised some of the needlegrass, green panicgrass, bird rape, germination and purity standards, and proposals based on those comments. turnip rape, and smilo), and by adding acceptable seed testing methods; and The comments and AMS’s responses are another common name for sunn update seed certification and discussed in detail in the Comments crotalaria, one of the kinds already on recertification requirements, including section later in this document. the list. The rule also updates the new eligibility standards and the This final rule updates the lists of scientific name for tomato, which is on recognition of current breeding seed kinds which are covered by the techniques. This rule aligns FSA regulations and revises the names of 1 The International Code of Nomenclature for Cultivated Plants (ICNCP or Cultivated Plant Code), regulations with current industry several agricultural and vegetable seeds published by the International Society for practices, harmonizes FSA testing to provide updated scientific Horticultural Science. The ICNCP was most methods with industry standards, and nomenclature. This rule further adds or recently updated in 2016.

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the list of vegetable seed kinds in Finally, this rule adds a new species to reflect the current names § 201.2(i). Such changes align regulatory paragraph (oo) to § 201.2 to define the recognized in the market. Where the language with current terminology and term ‘‘brand,’’ which means a name, shipment of noxious-weed seed is not nomenclature recognized in the term, sign, symbol, or design, or a prohibited under § 201.16(b), the rate of industry. combination of them that identifies seed occurrence in agricultural seed cannot Other sections of the regulations as the product of a seller or group of exceed the rate permitted by each State reference scientific names, as well. This sellers and distinguishes that seed from into which the seed is shipped or final rule updates those references by the seed of other sellers. The term’s reshipped, and the label must include revising the scientific names for definition will clarify its use in the rate of occurrence according to each quackgrass in § 201.17(a); buffalograss, § 201.36b(e). State’s requirements. See 7 CFR sunflower, small-seeded legumes, carrot, Records 201.16(a). This rule adds a new and mint in § 201.47a; legumes and § 201.30c that provides similar crucifers in 201.48(a); sunflower, carrot, The FSA regulations require seed restrictions for shipments of noxious- and mint in 201.48(f); buffalograss in shippers to maintain records and weed seed in vegetable seed in 201.48(g)(1); legumes in 201.51(a)(1); samples for each lot of agricultural and containers weighing more than one quackgrass in 201.51(b)(2)(iv) and (v); vegetable seed shipped in interstate pound. This addition supports State sunflower in 201.51(b)(4), and carrot in commerce. Sections 201.4 through laws regarding noxious-weed seed in 201.56(d). 201.7a specify the recordkeeping vegetable seed. requirements related to seed origin, Other Terminology Prior to this rule, § 201.18 specified germination testing, purity testing, and that when agricultural seeds other than Section 201.2 defines other terms treatment. This rule revises § 201.4 to the predominant kind, variety, or type used in the regulations. This rule clarify that complete records about seed named on the label are included, they updates some terms to reflect changes in treatments include records about could be collectively identified as ‘‘crop industry and AMS needs and processes. treatments such as coating, film coating, seeds’’ or ‘‘other crop seeds’’ by This rule revises the term for ‘‘person’’ encrusting, and pelleting treatments. percentage. A change to § 201.18 in § 201.2(b) to include individuals and removes the reference to ‘‘crop seeds’’ to agents to clarify that such entities are Labeling also subject to the regulations. A The FSA requires each container of reduce confusion about what is in the revision to § 201.2(l)(1) clarifies that agricultural and vegetable seed shipped seed. Another labeling change removes each person must keep required records in interstate commerce to be labeled the reference to coating material in regarding seed treatment, including, but with specific information. For § 201.19—Inert matter, since coating not limited to, records about seed agricultural seed, the label must material is excluded by definition in coating, film coating, encrusting, or include, among other things, the name another provision. pelleting. This rule makes of each kind of seed comprising more Under § 201.21, seed labels are corresponding revisions to references to than 5 percent of the contents, and for required to show the percentage of hard ‘‘treatment’’ in § 201.4(b). Revisions to certain kinds of seed, the labels must seed—seed with an impermeable seed § 201.2(p) clarify that seed mixtures show the variety(ies). Prior to this rule, coat that doesn’t absorb water and consist of more than one kind or variety § 201.12a of the regulations required germinate—apart from the agricultural of seed, each present in excess of 5 mixtures of lawn and turf seed to be seed germination percentage. A change percent by weight of the whole, and that labeled as mixtures and required the to § 201.21 requires labels to also show combinations of more than one variety name and percentage of each seed the percentage of dormant seed—seed of a single kind of seed may be referred component to be listed on the label in other than hard seed that fails to to as ‘‘blends.’’ A revision to the the order of predominance. This rule germinate under specified conditions— definition of ‘‘coated seed’’ in § 201.2(q) revises § 201.12a by removing the apart from the germination percentage. clarifies that coated seed is any seed reference to turf and lawn seed This change is necessary to reflect the covered with a coating material, while mixtures, requiring all mixtures of emerging industry practice of labeling new § 201.2(nn) defines ‘‘coating agricultural seed for seeding or planting dormant seed as such and providing the material’’ to mean any substance that purposes to be designated mixtures on percentage of dormant seed on the label. changes the size, shape, or weight of the the label, and requiring the label to list A change to the heading and original seed, and clarifies that each seed component on the label in introductory paragraph of § 201.31 ingredients such as rhizobia, dyes, order of predominance. This rule adds clarifies that the germination standards polymers, biologicals, and pesticides are a similar requirement for labeling for vegetable seeds in interstate not considered coating materials. A vegetable seed mixtures by adding a commerce are minimum standards. revision to the term ‘‘purity’’ in new § 201.26a—Vegetable Seed Prior to this rule, the regulations § 201.2(w) removes the reference to Mixtures, which requires labels for required seed labels to include the full ‘‘crop seed.’’ A revision to § 201.2(x) mixtures of vegetable seeds to list each name and address of the shipper or revises the definition of ‘‘inoculant’’ to seed component in order of consignee, or to show a code that mean a product consisting of predominance. This change reflects the identifies the shipper. Revisions to microorganisms applied to the seed for current market practice of packaging §§ 201.23, 201.24, 201.27, and 201.28 the purpose of enhancing the vegetable seed mixtures, which has not require the labels of both agricultural availability or uptake of plant nutrients previously been addressed in the and vegetable seed to show the full through the root system. Such a change regulations. name and address of the interstate aligns FSA regulations with the current The regulations prohibit the interstate shipper or show both a code identifying Environmental Protection Agency shipment of agricultural seeds the interstate shipper and the full name definition of a plant inoculant,2 which containing seeds or bulblets of certain and address of the consignee. Sections is recognized and used by the industry. noxious weeds identified in § 201.16(b). 201.23 and 201.27 are further revised to This rule revises the list of prohibited define the terms ‘‘shipper’’ and 2 See 40 CFR 152.6(g)(2)—EPA’s definition of noxious weed seed in § 201.16(b) by ‘‘consignee’’ as they pertain to labeling. plant inoculant. updating the scientific names of several AMS intends these changes to reduce

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industry confusion about the labeling how the tolerance for pure live seed is or higher certification class. New requirements. calculated. footnote 61 explains that fields Section 201.31a requires seed labels producing any class of certified seed Certification to include the name or description of must be at least 50 feet from any other any treatment applied to the seed. The regulations require seed variety or from fields of the same variety Paragraph (b) of that section specifies certifying agencies to meet specified that do not meet the varietal purity the names that can be used to identify qualification standards and comply with requirements for certification. New substances used in seed treatments. This procedures outlined in the regulations. footnote 62 pertains to the production of rule revises § 201.31a(b) to clarify that One such procedure provided in sunn hemp and explains that no other active ingredient substances used in § 201.68 requires certifying agencies to varieties of Crotolaria species are seed treatments must be included in the obtain specific information from allowed in Foundation, Registered, and/ label, and that biological active certification applicants. This rule or Certified seed production fields. New ingredients should be identified by their revises the introductory text of § 201.68 footnote 63 explains that producers of brand names or genus and species to clarify that point, as the regulations certified seed of any class for that crop names. have been confusing, making it unclear should refer to the requirements that certifying agencies must request the Seed Testing established by certifying agencies in the specified information. A further revision production States for applicable The regulations specify testing to § 201.68(b) requires entities applying production standards. AMS added these requirements for seed shipped in for certification to supply information footnotes to explain specific standards interstate commerce. Seed testing about the breeding or reproductive for the new crops that were added to the methodology continues to evolve as new stabilization procedures used to develop Table in § 201.76 (camelina, chickpea, equipment and processes are developed. the variety. This change is necessary to hemp, radish, and sunn hemp), but most In addition to the revisions described recognize that breeders use different are generic in nature and could apply to earlier in this document, this rule makes processes to develop new plant other crops in the future, as well. the following revisions to the testing varieties. Section 201.78 provides additional regulations in 7 CFR part 201 to ensure A revision to § 201.70(a) permits certification requirements related to the requirements reflect methods and recertification of seed beyond the pollen control for hybrids of certain procedures that have been adopted in standard two generations past the crops. Paragraph (e) in § 201.78 specifies the industry and by AMS. Foundation seed generation only when the determination of the pollen The rule revises the introductory text neither Foundation nor Registered class production index (PPI) for hybrid of § 201.48 to clarify that pure seed seed are being maintained. Previously, alfalfa. Paragraph (e) in § 201.78 includes all seeds of each kind that are the regulations allowed recertification of provides maximum PPI for various present in excess of 5 percent by weight Certified class seed when no hybrids of Foundation and Certified of the whole. Revisions to § 201.48(g)(3) Foundation seed is being maintained, class seed. This rule revises § 201.78(e) remove references to chewings fescue, even if Registered seed was being to provide greater specificity about red fescue, and orchardgrass from the maintained. This revision prohibits maximum PPI allowances for hybrid list of species for which special purity recertification of Certified class seeds alfalfa that would depend on the testing procedures are provided in when Registered class seed is being production method, parentage, and § 201.51a(b). Corresponding revisions to maintained. Adding this restriction generation of hybrid seed being the Table of Factors to Apply to precludes recertification of Certified analyzed. The industry requested this Multiple Units in § 201.51a(b)(2)(ii) class seed when seed of a higher revision in response to a change in reflect the revisions to § 201.48(g)(3). A certification class is available. AMS production practices for hybrid alfalfa revision to § 201.51a(a) adds more intends such a restriction to prevent seed. AMS expects this revision to precise instructions relating to the recertification of the class of seed most recognize the breadth of hybridization Uniform Blowing Procedure used to likely to have changed over time when methods currently used by different separate pure seed and inert matter for more stable alternatives are available. plant breeders. seed testing, and the revision better Revisions to §§ 201.74 and 201.75 aligns the regulation with AOSA remove the caveat that certified seed Administrative Changes standards. A revision to § 201.58(a) labeling requires the variety name only AMS made several revisions of an clarifies that if the date for a final count if the seed has been certified as to administrative nature to the regulations for germination testing falls on a variety. This change removes to correct typographical errors and weekend or public holiday, the count contradictory or confusing language update addresses and other references to can be taken on the following workday. from the regulations, since all reflect current business practices or A revision to § 201.60(b)(2) corrects a certification is varietal. provide clarity. A revision to § 201.2(a) reference to tolerance determinations for Section 201.76 of the regulations replaces the reference to ‘‘the FSA’’ with ‘‘crop seeds’’ to refer to tolerance establishes production standards for the words ‘‘the Federal Seed Act’’ to determinations for ‘‘other crop seeds.’’ Foundation, Registered, and Certified clarify the meaning of the term ‘‘Act’’ A revision to § 201.61 revises the title of classes of various crop seeds. As well as used throughout the regulations. the table in that section to be adding the five new crop kinds References to the ‘‘Act’’ replace ‘‘Fluorescence Tolerance, Based on Test mentioned earlier in the Terminology references to the ‘‘act’’ throughout the Fluorescence (TFL)’’ to clarify that the section, this rule adds four explanatory regulations, and minor misspellings ryegrass fluorescence tolerances shown footnotes to the chart of production have been corrected in several sections. for 400-seed fluorescence tests are based standards in § 201.76. New footnote 60 A revision to § 201.51a(a)(3) updates the on the test fluorescence level (TFL) explains that land on which certain seed address for obtaining calibration calculated under § 201.58a. is grown for certification must not have samples and instructions from the Seed This rule clarifies § 201.64—Pure live been planted in cruciferous crops Regulatory and Testing Division to its seed by clarifying that dormant seed is during the previous five years, or for the current address in Gastonia, North considered in the calculation and by previous three years if the previous crop Carolina. A revision to the entries for adding a mathematical formula to show was of the same variety and of the same ‘‘Oat’’ and ‘‘Brussels Sprouts’’ in Table

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2 to paragraph (c)(3) in § 201.58 moves commenter suggested that coating considered inert material. Any coating the additional germination directions material be defined as any substance material adhering to the seed after it is for fresh and dormant seed into the intended to change the seed’s size, washed during the testing process is correct table column. Finally, AMS shape, or weight, excluding certain considered part of the seed. revised the headings for Parts 201 and specified ingredients, including Accordingly, AMS is revising the 202 to remove an undesignated center polymers and biologicals, thus retaining proposed language for § 201.2(w) by heading in Part 201 that is no longer the proposed language, but including it removing the reference to ‘‘coating needed. These changes replace in a separate definition. The commenter material, if any is present’’ when references to the terms ‘‘Rules’’ or pointed out that coating material is determining the percentage of inert ‘‘Regulations’’ with terms that comply referenced in several other provisions of matter, and by making no changes to the with Code of Federal Regulations the regulations. Thus, defining the term current language of § 201.19, based on nomenclature conventions. would help clarify those provisions. comments. AMS response: AMS agrees that Comment: AMS proposed to add the Comments because coating material is referenced term acceptable to §§ 201.6— AMS received seven comments on the elsewhere in the regulation and is not Germination and 201.7—Purity to proposed rule. One comment from an currently defined, it makes sense to split clarify for regulated entities the kinds of individual supports the proposed the proposed definition of coated seed tests related to seed germination and updates to scientific nomenclature and into two definitions for greater clarity. purity for which records must be kept. to the standards relating to seed quality. Accordingly, AMS is revising the AMS proposed also to add a new The commenter wrote that the proposed proposed language for § 201.2(q)— definition—Acceptable test—to the changes are likely to help buyers obtain Coated Seed and adding a new regulations to mean testing according to quality seed. Four comments from § 201.2(nn)—Coating Material, based on methods provided in the FSA individuals expressed neither support the comment. AMS does not agree with regulations or according to the rules of nor opposition to the proposed rule, but the commenter’s proposal that material the Association of Official Seed addressed topics unrelated to this only be considered coating material if it Analysts (AOSA). Finally, AMS rulemaking. For example, comments is intended to change a seed’s size, proposed to replace the reference to advocated the production and use of shape, or weight. Regardless of intent, if ‘‘analyses, tests, and examinations’’ home-grown and patient-grown Aloe a substance changes the size, shape, or with a reference to ‘‘acceptable tests’’ in vera products in veterans’ hospitals and weight of the original seed and is not § 201.2(l)(1), which defines the term the reduction of tariffs and restrictions one of the excluded materials, it is Complete record. One comment on seed trade so people everywhere considered coating material. opposed adding the definition for could have access to vital seeds. Comment: Section 201.2(w) of the Acceptable test, as well as adding the Accordingly, AMS is making no changes regulations requires the inclusion of the term acceptable to recordkeeping to the rule as proposed based on these names and percentages of other requirements in §§ 201.6 and 201.7, comments. materials in the seed, such as crop seed saying that AOSA rules don’t allow the Two comments were submitted by and inert matter, when describing the use of tetrazolium (TZ) testing, which is seed trade industry associations. Both purity of seed. AMS proposed revising important to the reclamation seed comments support the proposals § 201.2(w) by removing the reference to business. According to the commenter, generally. One commenter expressed crop seed and by specifying that inert the U.S. Bureau of Land Management support for the proposed changes in matter includes coating material, if any (BLM) is the industry’s largest single sections not directly dealing with seed is present. A commenter agreed with purchaser of native seed, and BLM uses certification, saying that the sections removing the reference to crop seed, as TZ tests to verify purchases of native dealing with shipping, labeling, and it is redundant to agricultural seed, seed before the seed is distributed for seed testing are closely related and which is specified in the regulation. The reclamation projects. important to seed certification activities. commenter opposed adding the AMS response: The current Both commenters suggested revisions to specification that inert matter includes regulations do not specify which testing certain proposals. One commenter noted coating material, if any is present, rules can be followed to determine seed generally that AMS’s proposals seemed because inert matter is already defined germination and purity. AMS’s proposal intended to align the requirements for as including coating material if any is was intended to standardize testing by vegetable seed more closely with those present in § 201.51(c)(3). naming two conventions that would be for agricultural seed and that in some AMS further proposed to revise the considered acceptable, but realizes the cases, that wouldn’t be appropriate. current definition of inert matter in proposal would not provide adequate Both commenters’ specific concerns are § 201.19 to specify that inert matter flexibility to the industry. Accordingly, summarized and addressed below. includes coating material, if any is based on the comments, AMS is not Comment: Section 201.2(q) of the present. The commenter also opposed adding a new definition for Acceptable regulations defines coated seed as seed this proposed revision, again citing test, as proposed, and is not adding the coated with any substance that changes § 201.51(c)(3), and saying that the term acceptable test to the language in the seed’s size, shape, or weight, addition of this language would create §§ 201.6 and 201.7, based on the excluding certain specified coating unintended negative consequences for comment. To conform with these material ingredients. AMS proposed to the industry, but not explaining what revisions to the proposed language, add polymers and biologicals to the list those would be. AMS removed the proposed reference to of excluded coating materials AMS response: AMS agrees that it is acceptable test in § 201.2(l)(1), even ingredients. One comment agreed with not necessary to include the phrase though the commenter did not address the addition of polymers and biologicals ‘‘and coating material, if any is present,’’ that reference in the comment. to the list, but suggested further revising which was proposed as a clarification to Comment: The term brand appears in the proposed language by specifying the definitions of purity and inert various provisions of the regulations, that coated seed is any seed coated with matter. As described in § 201.51(c)(3), but it is not defined. AMS proposed to coating material and adding a second coating material that has been washed define brand to mean word(s), name, definition for coating material. The from seed but is still present is symbol, number, mark, design, unique

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design, or any combination of those label (Quick Response or QR code) identify the shipper. Further, if a code— which distinguishes the seed of one affixed to the container. The commenter rather than the full name and address— entity from the seed of another. One asserted that the technology is widely is used to identify the shipper, the label commenter supported addition of the used in other industries and readily must include the consignee’s full name new definition, but opposed the phrase available. and address. Finally, the revised ‘‘distinguishes the seed of one entity AMS response: AMS acknowledges provisions include definitions of the from the seed of another.’’ The that many products now include QR terms shipper and consignee as used in commenter wrote that incorporating the codes on labels to provide consumers those sections to clarify their meaning. word ‘‘entity’’ in the definition might be with additional product information. Comment: AMS proposed to revise too confusing. The commenter However, we do not believe the § 201.29 to clarify that the germination recommended rewording the proposed technology is widely enough available of vegetable seed in containers of one definition of brand to mean word(s), to trust that all consumers will have pound or less should be expressed as a name, symbol, number, mark, design, access to the required label information. percentage on the label. AMS further unique design, or any combination of As provided in the regulation, seed proposed to revise §§ 201.29, 201.29a, those which identifies the product. labelers may include QR codes to 201.30, and 201.63 to provide that seed AMS response: AMS agrees that a convey additional product information, labels should show the amounts of brand should identify a seed product, but the required label information must dormant seed in containers of seed as but also believes a brand should still be printed and attached to the seed separate from the germination distinguish between sellers. To address container as specified in the regulation. percentage. AMS also proposed a the commenter’s concern about use of Accordingly, AMS made no changes to revision to § 201.31 that would clarify the word ‘‘entity,’’ AMS referenced the the regulation based on the comment. that minimum germination standards definition of brand used by the Comment: Currently, the regulations for vegetable seeds in interstate American Marketing Association require seed labels to include the full commerce would be construed to (AMA). AMA’s definition is similar to name and address of either the shipper include hard seed and dormant seed. what was originally proposed by AMS or the consignee (the entity buying or Currently, only the amount of hard seed and provides for both identification of receiving the shipment). If the shipper’s is shown on labels, and the germination seed as requested by the commenter and full name and address are not provided, standards for vegetable seed in interstate differentiation of seed of different the label must show an AMS-approved commerce are construed to include hard sellers. Accordingly, in response to the code that identifies the shipper, and the seed. One comment agreed with the comment, AMS revised the proposed consignee’s full name and address must clarification about expressing definition of brand to mean a name, also appear on the label. AMS proposed germination by percentage, but opposed term, sign, symbol, design, or any to revise §§ 201.23, 201.24, 201.27, and the requirement to account for dormant combination of them intended to 201.28 to clarify the labeling seed. According to the commenter, identify the seed of one seller or group requirements for both agricultural and vegetable seeds are sold by count rather of sellers and to differentiate that seed vegetable seed. AMS proposed to clarify than weight, which should be from the seed of other sellers. that labeling requirements pertain to considered when determining container Comment: AMS proposed to add interstate shipments and that if the percentages. The commenter explained radish to the list of agricultural seeds shipper is identified only by a code, the further that AOSA rules do not include that must be labeled as to variety under consignee’s full information must testing procedures for dormant seed, § 201.10(a). One commenter supported appear on the label. The proposals were making compliance with the the proposal and recommended that intended to reduce industry confusion requirement burdensome for the chicory, collards, and kale also be added about the labeling requirements. One industry. because they, too, are included in seed commenter requested that AMS revise AMS response: Label information mixtures used as cover crops. the proposed language by replacing the about the germination and amount of AMS response: AMS understands that word ‘‘shipper’’ with ‘‘consignor,’’ and hard seed is expressed as percentages on chicory, collards, and kale may be by clarifying that label requirements are the label, regardless of the way seed is included in cover crop seed mixtures. for the seed package. The commenter sold. Accordingly, AMS is making no However, revising the proposed further requested that consignee change to the proposed addition of the regulations to add those crops would information not be required because it word ‘‘percentage’’ to the language in require further notice and opportunity would be impossible to know the final § 201.29 based on the comment. Further, to comment. AMS may make such a destination of every seed package. AMS recognizes that compliance with proposal in the future. At this time, AMS response: AMS agrees that the proposed requirement to account for AMS is making no changes to the revisions to §§ 201.23, 201.24, 201.27, dormant seed could be burdensome for proposed rule based on the comment. and 201.28 should alleviate confusion some segments of the seed industry, Comment: Section 201.8 of the about the label requirements. AMS because not all testing conventions regulations specify, among other things, agrees also that the regulations should require testing for dormant seed. that the required information on the specify that labeling requirements Accordingly, AMS changed the seed label can be in any form that is pertain to consumer packages or language as proposed by removing the clearly legible and may be on a tag containers of seed. AMS believes the requirement to show the amount of securely attached to the container or commenter is confused about the use of dormant seed on labels in §§ 201.29, printed in a conspicuous manner on the the term consignee in the regulation. 201.29a, and 201.30, and by removing side or top of the container. The label Accordingly, AMS revised the proposed the proposed reference to dormant seed may also contain information in language to better clarify labeling in § 201.63, based on the comment. addition to that required by the Act, requirements for agricultural and Finally, AMS removed the proposed provided such information is not vegetable seed, based on the comment. reference to dormant seed in the revised misleading. One commenter suggested The revisions clarify that labels for language for § 201.31 to conform with that § 201.8 be revised to provide that containers or packages of seed must other revisions, even though the label information could be conveyed contain the shipper’s full name and commenter did not address that section through a machine-readable optical address or an AMS designated code to in the comment.

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Comment: AMS proposed to revise insufficient to meet demand. The obsolete and did not reflect modern § 201.31a(b) to clarify that the name of commenter added that the proposed business and industry practices. AMS any active ingredient substance used to changes add clarity and expressed believes making these revisions best treat seed must be included on the label. support for the proposal. serve the industry by aligning seed AMS further proposed to include AMS response: AMS agrees that this species references with internationally examples of genus and species names proposal gives the industry added recognized scientific names, clarifying for brand-named biologicals that might ability to produce desired seed varieties processes to simplify regulatory be used to identify active ingredient in case of higher demand or emergency. compliance, and improving AMS’s substances on labels. One commenter Accordingly, AMS made no changes to customer service. AMS does not expect agreed with the clarification that the the proposal based on the comment. this rule to provide any environmental, names of active ingredient substances Comment: Section 201.76 of the public health, or safety benefits. must be included on labels, but opposed regulations establishes production This rule does not meet the criteria of listing specific examples because standards for Foundation, Registered, a significant regulatory action under products constantly evolve, and the and Certified classes of various crop proposed examples would be out of date seeds. As well as adding the five new Executive Order 12866 as supplemented in a short time. crop kinds mentioned earlier in the by Executive Order 13563. Therefore, AMS response: AMS agrees that the Terminology section, AMS proposed to the Office of Management and Budget listed examples are likely to be obsolete add four explanatory footnotes to the (OMB) has not reviewed this rule under in a short time. Accordingly, we revised chart of production standards in those Orders. Because this rule does not the proposed language for § 201.31a(b) § 201.76. One comment supported the meet the criteria of a significant by removing the genus and species addition of the footnotes. regulatory action, it does not trigger the name examples. AMS response: Each of the newly requirements in Executive Order 13771. Comment: AMS proposed to revise added crops requires unique growing See OMB’s Memorandum titled § 201.68 to clarify that when the conditions. The footnotes provide ‘‘Interim Guidance Implementing developer or owner of a variety requests specific standards for the production, Section 2 of the Executive Order of certification of that variety, the protection, and quality maintenance for January 30, 2017, titled ‘Reducing certifying agency must request certain certified classes of crop seed. Regulation and Controlling Regulatory information, including a statement Accordingly, AMS made no changes to Costs’’’ (February 2, 2017). concerning the variety’s origin and the the proposal based on the comment. AMS does not expect the revisions to breeding technique or reproductive Comment: AMS proposed to revise impact compliance costs for the private stabilization procedures used in its § 201.78(e) to provide greater specificity sector because the industry has already development. Two commenters about maximum pollen production adopted the practices reflected by the supported the proposal in general, but index (PPI) allowances for hybrid alfalfa regulatory changes in order to comply opposed requiring the developer to state that would depend on the production with State laws. AMS expects seed what breeding technique was used. One method, parentage, and generation of industry stakeholders to benefit from of those commenters explained that hybrid seed being analyzed. One the references to updated scientific when the industry met with AMS in comment supported the proposed nomenclature, which provides a revision. early 2019 as described earlier in this common language for marketing seed. AMS response: AMS’s proposal document, the subject was discussed in Likewise, AMS expects updating the light of situations where new varieties reflects evolving trends in hybrid alfalfa production for certification. labeling, testing, and certification were selected from among natural requirements to simplify compliance mutations rather than intentionally Accordingly, AMS made no changes to the proposal based on the comment. and facilitate the interstate marketing of developed. Both commenters agreed seed. AMS also expects stakeholders to that requiring variety developers to Rulemaking Analyses benefit from streamlined AMS business reveal breeding techniques would practices. negatively impact plant breeding Executive Orders 12866, 13563, and innovations. One commenter asserted 13771 Regulatory Flexibility Act further that removing the word AMS is issuing this final rule in Pursuant to requirements set forth in ‘‘technique’’ from the proposed conformance with Executive Orders the Regulatory Flexibility Act (RFA) (5 language would not have a negative 12866 and 13563, which direct agencies U.S.C. 601 et seq.), AMS has considered impact on the review process. to assess all costs and benefits of AMS response: AMS agrees that available regulatory alternatives and, if the economic impact of this action on requiring developers to reveal breeding regulations are necessary, to select small business entities. The affected techniques could negatively impact regulatory approaches that maximize industry falls under the North American plant breeding and innovation. net benefits (including potential Industry Classification System (NAICS) Accordingly, we removed the word economic, environmental, public health as code 54171—Research and ‘‘technique’’ from the proposed and safety effects, distributive impacts, development in the physical, language for § 201.68, based on the and equity). Executive Order 13563 engineering, and life sciences. This comment. emphasizes the importance of classification includes firms that are not Comment: AMS proposed a revision quantifying both costs and benefits, plant breeders/plant research; however, to § 201.70(a) that would permit reducing costs, harmonizing rules, and no detailed industry data was available recertification of seed beyond the promoting flexibility. for the analysis. standard two generations past the In the development of this rule, AMS Table 1 shows the most recent Foundation seed generation only when considered alternatives, including descriptive data for the industry, neither Foundation nor Registered class updating only the list of regulated seed obtained from the County Business seed is being maintained. One varieties or making no changes at all. Pattern 2016 survey. This data set commenter wrote that this section of the Ultimately, AMS rejected those provides information on the number of regulations is especially important in alternatives because many references establishments, number of employees cases where supplies of parent seed are and processes in the regulations were and total annual payroll.

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TABLE 1—NUMBER OF ESTABLISHMENTS, REVENUE AND PAYROLL BY EMPLOYEE COUNT, NAICS CODE 54171, 2016 COUNTY BUSINESS PATTERNS 3

Number of Number of paid Annual payroll establishments employees ($1,000)

All establishments ...... 17,292 695,810 $82,865,611

The SmallBusiness Administration establishment, and the County Business small (<1,000 employees) and large (SBA) determines firm size for this Patterns data are compiled on an (1,000 or more employees) firms in this industry by number of employees, but establishment rather than a firm basis, industry, according to SBA’s guidance.4 on a per firm basis, with small firms we must use the Economic Census data The data are from the 2002 Economic defined as having fewer than 1,000 to determine the number of small and Census, with monetary values converted employees and 1,000 or more employees large firms for the industry. to 2016 dollars. More recent Economic per firm classified as large. Because Table 2 shows the most recent data Census data is not available at this level firms may own more than one available on the breakdown between of detail for this industry.

TABLE 2—NUMBER OF FIRMS AND ESTABLISHMENTS, REVENUE AND PAYROLL BY EMPLOYEE COUNT, NAICS CODE 54171, 2002 ECONOMIC CENSUS 5

Number of Number of Number of paid Revenue * Annual payroll * Size of firm by number of employees firms establishments employees ($1,000) ($1,000)

Small—Firms with fewer than 1,000 employees ...... 10,200 11,753 273,601 $49,702,793 $24,780,487 Large—Firms with 1,000 employees or more ...... 79 1,380 283,816 30,095,258 27,776,903

All firms ...... 10,279 13,133 557,417 79,798,051 52,557,389 * Adjusted to 2016 values.

The 2002 EconomicCensus reported As a result of meeting with This will reduce the number of that fewer than one percent of firms representatives of major seed industry component separations for those species were considered large (79 of 10,279 stakeholder organizations in February from five to four. Cost savings are firms, or 0.54 percent). The 10,279 firms 2019, AMS is updating regulations to difficult to estimate. Information on the at that time owned a total of 13,133 reflect current industry standards and exact costs of the tests was difficult to establishments, with 1,380 (nearly 11 practices and to remove obsolete obtain because of the variability in seed percent) of these facilities owned by the references. The revisions to the existing testing fees by third-party labs. Costs for 79 large firms. FSA regulations do the following: these tests are generally based on hourly 1. Update the lists of seed kinds laboratory charges and can range The tables show the extent of growth which are covered by the regulations in the industry over time. The number between $10 and $50 per test. Without and revise the names of several data on the breakdown of cost for each of establishments has grown from agricultural and vegetable seeds to 13,133 in 2002 to 17,292 in 2016 (32 of the separations performed in the test, provide updated scientific it is assumed testing costs for the three percent, or 2.3 percent per year). Total nomenclature; employment increased from 557,417 affected crops could fall by 20 percent 2. Revise the definitions of other as a result of the proposed revisions. workers to 695,810 (25 percent, or 1.8 terms used in the regulations to provide percent per year), and total annual greater clarity for regulated entities; The revisions ease the requirement to payroll from $52,557,389 to $82,865,611 3. Update the seed labeling, testing, follow test procedures according to the (58 percent or 4 percent per year). These and certification requirements to reflect Federal Seed Act before engaging in figures indicate that the industry has revised terminology and industry interstate commerce by allowing the use seen small to moderate growth, with a practices; and of seed testing methods from more highly paid work force over time. 4. Correct misspellings and other Association of Official Seed Analysts There do not appear to be significant errors in the regulations. Rules used by most seed testing changes in the structure of the industry Most of the revisions listed above (1, laboratories in the U.S. These revisions between 2002 and 2016. AMS expects 2, and 4) are changes in the regulations also expand the time requirement of the that the size distribution of the firms that would not impact costs to the current regulation by allowing testing to affected by these revisions is consistent private sector. The third revision listed be completed only on laboratory with data reported in the 2002 above is expected to lower the costs of workdays, which effectively Economic Census. Therefore, affected seed testing for three grass species. The acknowledges the existence of firms would mostly be considered small revisions will eliminate the requirement weekends and holidays, eliminating the business entities under the criteria to segregate certain components of seed need for staff to work or reschedule established by SBA (13 CFR 121.201). in purity testing for those three species. completion dates.

3 Geography Area Series: County Business System Codes’’, Small Business Administration, factfinder.census.gov/faces/tableservices/jsf/pages/ Patterns by Employment Size Class, 2016 Business effective January 1, 2017, https://www.sba.gov/sites/ productview.xhtml?pid=ECN_2002_US_ _ _ Patterns, https://factfinder.census.gov/faces/ default/files/files/Size Standards Table.pdf. 54SSSZ5&prodType=table. tableservices/jsf/pages/productview.xhtml?pid=BP_ 5 Professional, Scientific, and Technical Services: 2016_00A3&prodType=table. Subject Series—Establishment and Firm Size: 4 ‘‘Table of Small Business Size Standards Employment Size of Firms for the United States: Matched to North American Industry Classification 2002 Economic Census of the United States, https://

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The burden of labeling radishes is administrative procedures that must be gerardi Vitman’’, ‘‘Brome, mountain— also expected to fall, as it was not exhausted prior to judicial challenge to Bromus carinatus var. marginatus previously considered agricultural seed the provisions of this final rule. (Steud.) Barworth & Anderton’’, under the Federal Seed Act. Radishes ‘‘Buffalograss—Bouteloua dactyloides List of Subjects were previously considered only as a (Nutt.) Columbus’’, ‘‘Camelina— vegetable crop and had to be labeled by 7 CFR Part 201 Camelina sativa (L.) Crantz subsp. variety. Inclusion of radishes as Certified seed, Definitions, sativa’’, ‘‘Crambe—Crambe hispanica L. agricultural seed under the Act will Inspections, Labeling, Purity analysis, subsp. abyssinica’’, ‘‘Crotalaria, sunn or allow the industry to exclude varieties Sampling. sunn hemp—Crotalaria juncea L.’’, in labeling agricultural radish seed. ‘‘Galletagrass—Pleuraphis jamesii This rule reduces the trade burden 7 CFR Part 202 Torr.’’, ‘‘Guineagrass—Megathyrsus associated with interstate seed Administrative practice and maximus (Jacq.) B.K. Simon & S.W.L. commerce and encourages compliance procedure, Agricultural commodities, Jacobs’’, ‘‘Kochia, forage—Bassia with State and Federal laws. AMS has Imports, Labeling, Seeds, Vegetables. prostrata (L.) A.J. Scott’’, ‘‘Millet, determined that this action would not For the reasons set forth in the browntop—Urochloa ramose (L.) T.Q. have a significant negative economic preamble, 7 CFR parts 201 and 202 are Nguyen’’, ‘‘Millet, pearl—Cenchrus impact on a substantial number of these amended as follows: americanus (L.) Morrone’’, small business entities. ‘‘Napiergrass—Cenchrus purpureus (Schumach,) Morrone’’, ‘‘Needlegrass, Paperwork Reduction Act PART 201—FEDERAL SEED ACT REQUIREMENTS green—Nassella viridula (Trin.) In accordance with the Paperwork Barkworth’’, ‘‘Panicgrass, green— Reduction Act of 1995 (44 U.S.C. ■ 1. The authority citation for part 201 Megathyrsus maximus (Jacq.) B.K. Chapter 35), the information continues to read as follows: Simon & S.W.L. Jacobs’’, ‘‘Radish— requirements under the regulations have Authority: 7 U.S.C. 1592. Raphanus sativus L.’’, ‘‘Rape, bird— been approved previously by OMB and Brassica rapa L. subsp. oleifera’’, ‘‘Rape, ■ 2. In part 201, revise the heading to assigned OMB No. 0581–0026. No turnip—Brassica rapa L. Subsp. read as set forth above. changes are necessary in those oleifera’’, ‘‘Smilo—Oloptum miliaceum ■ requirements as a result of this action. 3. Remove the undesignated center (L.) Ro¨ser & Hamasha’’, and ‘‘Teff— Reports and forms are periodically heading ‘‘RULES AND REGULATIONS Eragrostis tef (Zuccangi) Trotter’’; reviewed to reduce information OF THE SECRETARY OF ■ d. In paragraph (i), removing the term requirements and duplication by AGRICULTURE’’. ‘‘Tomato—Lycopersicon esculentum industry and public sector agencies. § 201.2 [Amended] Mill.’’ and adding in its place the term Should any changes become necessary, ■ ‘‘Tomato—Solanum lycopersicum L.’’; they would be submitted to OMB for 4. Amend § 201.2 by: ■ e. In paragraph (j), removing the word ■ a. In paragraph (a), removing the word approval. ‘‘act’’ and replacing it with the word ‘‘FSA’’ and adding in its place the Congressional Review Act ‘‘Act’’; words ‘‘Federal Seed Act’’; ■ ■ b. In paragraph (b), removing the f. In paragraph (l)(1) in the first Pursuant to the Congressional Review sentence after each use of the word Act (5 U.S.C. 801 et seq.), the Office of words ‘‘a partnership’’ and adding in their place the words ‘‘an individual ‘‘treatment’’ adding the words Information and Regulatory Affairs ‘‘(including but not limited to coating, designated this rule as not a major rule partnership’’ and removing the words ‘‘or trustee’’ and adding in their place film coating, encrusting, or pelleting)’’; as defined by 5 U.S.C. 804(2). ■ g. In the second sentence of paragraph the words ‘‘trustee, or agent’’; E-Government Act ■ c. In paragraph (h): (l)(1), removing the word ‘‘treatment’’ and adding in its place the words USDA is committed to complying ■ i. Removing the terms ‘‘Bluestem, big—Andropogon gerardii Vitman’’, ‘‘chemical or biological treatment’’. with the E-Government Act (44 U.S.C. ■ ‘‘Brome, mountain—Bromus marginatus h. Revising paragraphs (p) and (q); 3601, et seq.) by promoting the use of ■ i. In paragraph (w), removing the the internet and other information Steud.’’, ‘‘Buffalograss—Buchloe dactyloides (Nutt.) Engelm.’’, words ‘‘or crop seed’’; technologies to provide increased ■ j. In paragraph (x), removing the opportunities for citizen access to ‘‘Crambe—Crambe abyssinica R.E. Fr.’’, ‘‘Crotalaria, sunn—Crotalaria juncea words ‘‘commercial preparation Government information and services, containing nitrogen fixing bacteria and for other purposes. L.’’, ‘‘Galletagrass—Hilaria jamesii (Torr.) Benth.’’, ‘‘Guineagrass—Panicum applied to seed’’ and adding in their Executive Order 13175 maximum Jacq. var. maximum’’, place the words ‘‘product consisting of microorganisms applied to the seed for This action has been reviewed in ‘‘Kochia, forage—Kochia prostrata (L.) the purpose of enhancing the accordance with the requirements of Schrad.’’, ‘‘Millet, browntop— availability or uptake of plant nutrients Executive Order 13175—Consultation Brachiaria ramosa (L.) Stapf’’, ‘‘Millet, through the root system’’; and Coordination with Indian Tribal pearl—Pennisetum glaucum (L.) R. Br.’’, ■ k. In paragraph (z), removing the word Governments. The review reveals that ‘‘Napiergrass—Pennisetum purpureum ‘‘act’’ and adding in its place the word this regulation would not have Schumach.’’, ‘‘Needlegrass, green— ‘‘Act’’; substantial and direct impacts on Tribal Stipa viridula Trin.’’, ‘‘Panicgrass, ■ l. In paragraph (mm), removing the governments or significant Tribal green—Panicum maximum Jacq.’’, word ‘‘detasselling’’ and adding in its implications. ‘‘Rape, bird—Brassica rapa L. subsp. place the word ‘‘detasseling’’; and campestris (L.) A.R. Clapham’’, ‘‘Rape, ■ Executive Order 12988 turnip—Brassica rapa L. subsp. m. Adding paragraphs (nn) and (oo). This rule has been reviewed under campestris (L.)’’, and ‘‘Smilo— The revision and additions read as Executive Order 12988, Civil Justice Piptatherum miliaceum (L.) Coss’’; follows: Reform. It is not intended to have ■ ii. Adding in alphabetical order the * * * * * retroactive effect. There are no terms ‘‘Bluestem, big—Andropogon (h) * * *:

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Bluestem, big—Andropogon gerardi that changes the size, shape, or weight and ‘‘Rubus fruticosus L. (complex)’’; Vitman of the original seed. Ingredients such as and * * * * * rhizobia, dyes, polymers, biologicals, ■ ii. Adding in alphabetical order the Brome, mountain—Bromus carinatus and pesticides are not coating material terms ‘‘Cenchrus caudatus (Schrad.) var. marginatus (Steud.) Barworth & for purposes of this part. Kuntze’’, ‘‘Cenchrus clandestinus Anderton (oo) Brand. The term ‘‘brand’’ means Morrone’’, ‘‘Cenchrus pedicellatus * * * * * a name, term, sign, symbol, or design, or (Trin.) Morrone’’, ‘‘Cenchrus Buffalograss—Bouteloua dactyloides a combination of them that identifies polystachios (L.) Morrone’’, ‘‘Dinebra (Nutt.) Columbus the seed of one seller or group of sellers chinensis (L.)P. M. Peterson & N. and differentiates that seed from the Snow’’, ‘‘Rubus plicatus Weihe & Nees’’, * * * * * Camelina—Camelina sativa (L.) Crantz seed of other sellers. ‘‘Rumex hypogaeus T.M. Schust & subsp. sativa ■ 5. Revise § 201.3 to read as follows: Reveal’’, and ‘‘Rumex spinosus L.’’. The additions read as follows: * * * * * § 201.3 Administrator. Crambe—Crambe hispanica L. subsp. The Administrator of the Agricultural § 201.16 Noxious-weeds seeds Abyssinica Marketing Service may perform such * * * * * * * * * * duties as the Secretary requires in (b) * * * Crotalaria, sunn or sunn hemp— enforcing the provisions of the Act and Cenchrus caudatus (Schrad.) Kuntze Crotalaria juncea L. of the regulations in this part. Cenchrus clandestinus Morrone * * * * * Cenchrus pedicellatus (Trin.) Morrone Galletagrass—Pleuraphis jamesii Torr. § 201.4 [Amended] Cenchrus polystachios (L.) Morrone * * * * * ■ 6. Amend § 201.4 by: * * * * * Guineagrass—Megathyrsus maximus ■ a. In paragraph (a), removing the word Dinebra chinensis (L.) P. M. Peterson & (Jacq.) B. K. Simon & S. W. L. Jacobs ‘‘act’’ and adding in its place the word N. Snow * * * * * ‘‘Act’’; and * * * * * Kochia, forage—Bassia prostrata (L.) A. ■ b. In paragraph (b) after the word Rubus plicatus Weihe & Nees J. Scott ‘‘treatment’’ wherever it appears adding Rumex hypogaeus T.M. Schust & Reveal * * * * * the words ‘‘(including, but not limited Rumex spinosus L. Millet, browntop—Urochloa ramosa (L.) to, coating, film coating, encrusting, or * * * * * T. Q. Nguyen pelleting)’’ and removing the word ‘‘act’’ * * * * * and adding in its place the word ‘‘Act’’. § 201.17 [Amended] Millet, pearl—Cenchrus americanus (L.) § 201.7 [Amended] ■ 12. Amend § 201.17 by removing the Morrone words ‘‘Quackgrass (Elytrigia repens)’’ ■ 7. Amend § 201.7 by removing in the * * * * * and adding in their place the words Napiergrass—Cenchrus purpureus first sentence the words ‘‘analyses, tests, ‘‘Quackgrass (Elymus repens)’’. and examinations’’ and adding in their (Schumach.) Morrone ■ 13. Revise § 201.18 to read as follows: Needlegrass, green—Nassella viridula place the word ‘‘tests,’’. § 201.18 Other agricultural seeds. (Trin.) Barkworth § 201.8 [Amended] Agricultural seeds other than those * * * * * ■ 8. Amend § 201.8 by removing in the Panicgrass, green—Megathyrsus included in the percentage or last sentence the word ‘‘act’’ and adding maximus (Jacq.) B. K. Simon & W. L. percentages of kind, variety, or type may in its place the word ‘‘Act’’. Jacobs be expressed as ‘‘other crop seeds,’’ but * * * * * § 201.10 [Amended] the percentage shall include collectively Radish—Raphanus sativus L. all kinds, varieties, or types not named ■ 9. In § 201.10 amend paragraph (a) by upon the label. * * * * * adding the word ‘‘Radish;’’ after the ■ 14. Revise § 201.20 to read as follows: Rape, bird—Brassica rapa L. subsp. word ‘‘Peanut;’’. oleifera ■ 10. Revise § 201.12a to read as § 201.20 Germination Rape, turnip—Brassica rapa L. subsp. follows: oleifera The label shall show the percentage of germination for each kind, kind and § 201.12a Seed mixtures. * * * * * variety, kind and type, or kind and Smilo—Oloptum miliaceum (L.) Ro¨ser & Seed mixtures intended for seeding/ hybrid of agricultural seed comprising Hamasha planting purposes shall be designated as more than 5 percent of the whole. The * * * * * a mixture on the label and each seed label shall show the percentage of Teff—Eragrostis tef (Zuccagni) Trotter component shall be listed on the label germination for each kind, kind and * * * * * in the order of predominance. variety, kind and type, or kind and (p) Mixture. The term ‘‘mixture’’ ■ 11. Amend § 201.16 by: hybrid of agricultural seed comprising 5 means seeds consisting of more than ■ a. In paragraph (a) in the first sentence percent of the whole or less if the seed one kind or variety, each present in removing the word ‘‘state’’ and adding is identified individually on the label. excess of 5 percent by weight of the in its place the word ‘‘State’’; ■ 15. Revise § 201.21 to read as follows: whole. A mixture of varieties of a single ■ b. In paragraph (b): kind may be labeled as a blend. ■ i. Removing the terms ‘‘Emex australis § 201.21 Hard seed or dormant seed. (q) Coated seed. The term ‘‘coated Steinh.’’, ‘‘Emex spinosa (L.) Campd.’’, The label shall show the percentage of seed’’ means any seed unit covered with ‘‘Leptochola chinensis (L.) Nees’’, hard seed or dormant seed, as defined a coating material. ‘‘Pennisetum clandestinum Chiov.’’, in § 201.57 or § 201.57a, if any is * * * * * ‘‘Pennisetum macrourum Trin.’’, present. The percentages of hard seed (nn) Coating material. The term ‘‘Pennisetum pedicellatum Trin.’’, and dormant seed shall not be included ‘‘coating material’’ means any substance ‘‘Pennisetum polystachion (L.) Schult.’’, as part of the germination percentage.

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■ 16. Revise § 201.23 to read as follows: ■ 21. Revise § 201.28 to read as follows: determined and established under section 403(c) of the Act: § 201.23 Seller and buyer information. § 201.28 Code designation. * * * * * Consumer packages or containers of The code designation used in lieu of ■ agricultural seed for interstate shipment the full name and address of the 25. Amend § 201.31a by revising must be labeled as follows: interstate shipper pursuant to paragraph (b) to read as follows: (a) The full name and address of the § 201.27(a) shall be approved by the § 201.31a Labeling treated seed. interstate shipper or a code designation Administrator of the Agricultural identifying the interstate shipper, * * * * * Marketing Service (AMS) or such other (b) Name of substance or active pursuant to § 201.24, must be printed on person designated by the Administrator the label. ingredient. The name of any active for the purpose. When used, the AMS ingredient substance as required by (b) If pursuant to paragraph (a) only code designation shall appear on the a code is used to identify the interstate paragraph (a) of this section shall be the label in a clear and legible manner, commonly accepted coined, chemical shipper, the full name and address of along with the full name and address of the consignee must appear on the label. (generic), or abbreviated chemical name. the consignee. The label shall include either the name (c) For purposes of this section and ■ § 201.24, the term shipper means the 22. Revise § 201.29 to read as follows: of the genus and species or the brand seller or consignor who puts the seed § 201.29 Germination of vegetable seed in name as identified on biological product into interstate commerce, and the term containers of 1 pound or less. labels. Commonly accepted coined names are free for general use by the consignee means the buyer or recipient Vegetable seeds in containers of 1 public, are not private trademarks, and of the seed shipment. pound or less which have a germination are commonly recognized as names of ■ 17. Revise § 201.24 to read as follows: percentage equal to or better than the particular substances, such as thiram, standard set forth in § 201.31 need not § 201.24 Code designation. captan, lindane, and dichlone. be labeled to show the percentage of The code designation used in lieu of Examples of commonly accepted germination and date of test. Each the full name and address of the chemical (generic) names are blue-stone, variety of vegetable seed which has a interstate shipper pursuant to calcium carbonate, cuprous oxide, zinc germination percentage less than the § 201.23(a) shall be approved by the hydroxide, hexachlorobenzene, and standard set forth in § 201.31 shall have Administrator of the Agricultural ethyl mercury acetate. The terms the words ‘‘Below Standard’’ clearly Marketing Service (AMS) or such other ‘‘mercury’’ or ‘‘mercurial’’ may be used shown in a conspicuous place on the person designated by the Administrator in labeling all types of mercurials. label or on the face of the container in for the purpose. When used, the AMS Examples of commonly accepted type no smaller than 8 points. Each code designation shall appear on the abbreviated chemical names are BHC variety which germinates less than the label in a clear and legible manner, (1,2,3,4,5,6-Hexachlorocyclohexane) standard shall also be labeled to show along with the full name and address of and DDT (dichloro diphenyl the percentage of germination and the the consignee. trichloroethane). percentage of hard seed (if any). * * * * * § 201.25 [Amended] ■ 23. Add § 201.30c to read as follows: ■ § 201.33 [Amended] 18. Amend § 201.25 by removing in § 201.30c Noxious-weed seeds of the third sentence the word ‘‘act’’ and vegetable seed in containers of more than ■ 26. In § 201.33 amend paragraphs (a) adding in its place the word ‘‘Act’’. 1 pound. and (b) by removing wherever it appears ■ 19. Add § 201.26a to read as follows: Except for those kinds of noxious- the word ‘‘act’’ and adding in its place § 201.26a Vegetable seed mixtures. weed seeds shown in § 201.16(b), the the word ‘‘Act’’. names of kinds of noxious-weed seeds Vegetable seed mixtures for seeding/ § 201.36b [Amended] planting purposes shall be designated as and the rate of occurrence of each shall ■ 27. In § 201.36b, amend paragraph (a) a mixture on the label, and each seed be expressed in the label in accordance by removing wherever it appears the component shall be listed on the label with, and the rate shall not exceed the word ‘‘act’’ and adding in its place the in the order of predominance. rate permitted by, the law and regulations of the State into which the word ‘‘Act’’. ■ 20. Revise § 201.27 to read as follows: seed is offered for transportation or is § 201.37 [Amended] § 201.27 Seller and buyer information. transported. If in the course of such Consumer packages or containers of transportation, or thereafter, the seed is ■ 28. Amend § 201.37 by removing vegetable seed for interstate shipment diverted to another State of destination, wherever it appears the word ‘‘act’’ and must be labeled as follows: the person or persons responsible for adding in its place the word ‘‘Act’’. (a) The full name and address of the such diversion shall cause the seed to be § 201.38 [Removed and Reserved] interstate shipper or a code designation relabeled with respect to noxious-weed identifying the interstate shipper, seed content, if necessary, to conform to ■ 29. Remove and reserve § 201.38. pursuant to § 201.28, must be printed on the laws and regulations of the State § 201.39 [Amended] the label. into which the seed is diverted. ■ (b) If pursuant to paragraph (a) only ■ 24. Amend § 201.31 by revising the 30. In § 201.39, amend paragraph (c) a code is used to identify the interstate heading and the introductory paragraph by removing the word ‘‘proble’’ in and shipper, the full name and address of to read as follows: adding in its place the word ‘‘probe’’. the consignee must appear on the label. ■ 31. Amend § 201.46 by: (c) For purposes of this section and § 201.31 Minimum germination standards ■ a. Revising paragraph (b); and § 201.28, the term shipper means the for vegetable seeds in interstate commerce. ■ b. Adding in Table 1 to paragraph seller or consignor who puts the seed The following minimum germination (d)(2)(iii) entries for ‘‘Camelina’’, into interstate commerce, and the term standards for vegetable seeds in ‘‘Radish’’, and ‘‘Teff’’ in the consignee means the buyer or recipient interstate commerce, which shall be ‘‘Agricultural Seed’’ section in of the seed shipment. construed to include hard seed, are alphabetical order.

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The revisions and additions read as (b) Mixtures consisting of one kinds which comprise more than 50 follows: predominant kind of seed or groups of percent of the sample. kinds of similar size. The weights of the * * * * * § 201.46 Weight of working sample. purity and noxious-weed seed working (d) * * * * * * * * samples in this category shall be (2) * * * determined by the kind or group of (iii) * * *

TABLE 1 TO PARAGRAPH (d)(2)(III)

Minimum Minimum weight for Approximate weight for noxious-weed number Name of seed purity analysis seed of seed per (grams) examination gram (grams)

Agricultural Seed:

******* Camelina ...... 4 40 880

******* Radish ...... 30 300 75

******* Teff ...... 1 10 3,288

*******

§ 201.47a [Amended] carrot (Apiaceae), valerian ■ 35. Amend § 201.51a by revising ■ 32. Amend § 201.47a by: (Valerianaceae), mint (Laminaceae) and paragraph (a) and the table in paragraph ■ a. in paragraph (b)(6) removing the other families in which the seed unit (b)(2)(ii) to read as follows: words ‘‘Buchloe dactyloides’’ and may be a dry, indehiscent one-seeded fruit. For visibly empty fruits, refer to § 201.51a Special procedures for purity adding in their place the words analysis. ‘‘Bouteloua dactyloides’’; inert matter, § 201.51(a)(6); ■ b. In paragraph (c) removing the word (g) * * * (a) The laboratory analyst shall use ‘‘Compositae’’ and adding in its place (1) Intact burs of buffalograss the Uniform Blowing Procedure the word ‘‘Asteraceae’’; (Bouteloua dactyloides) shall be described in this paragraph to separate ■ c. In paragraph (d) removing the word considered pure seed whether or not a pure seed and inert matter in the ‘‘Legumionsae’’ and adding in its place caryopsis is present. Refer to following: Kentucky bluegrass, Canada the word ‘‘Fabaceae’’; § 201.51(a)(6) for burs which are visibly bluegrass, rough bluegrass, Pensacola ■ d. In paragraph (e) removing the word empty. variety of bahiagrass, orchardgrass, blue ‘‘Umbelliferae’’ and adding in its place grama, and side-oats grama. * * * * * (1) Separation of mixtures. Separate the word ‘‘Apiaceae’’; and (3) Special purity procedures for ■ e. In paragraph (f) removing the word seed kinds listed in this section from smooth brome, fairway crested ‘‘Labiatae’’ and adding in its place the other kinds in mixtures before using the wheatgrass, standard crested word ‘‘Lamiaceae’’. Uniform Blowing Procedure. wheatgrass, intermediate wheatgrass, ■ (2) Calibration samples. Obtain 33. Amend § 201.48 by revising the pubescent wheatgrass, tall wheatgrass, first sentence of the introductory text calibration samples and instructions, and western wheatgrass are listed in which are available on loan through the and paragraphs (a), (f), and (g)(1) and (3) § 201.51a(b). to read as follows: Seed Regulatory and Testing Division, * * * * * S&T, AMS, 801 Summit Crossing Place, § 201.48 Kind or variety considered pure § 201.51 [Amended] Suite C, Gastonia, North Carolina 28054. seed. (3) Blowing point. Use the calibration The pure seed shall include all seeds ■ 34. Amend § 201.51 by: samples to establish a blowing point of each kind or each kind and variety ■ a. In paragraph (a)(1) removing the prior to proceeding with the separation under consideration present in excess of words ‘‘Leguminosae’’, ‘‘crucifers’’, and of pure seed and inert matter for these 5 percent by weight of the whole. * * * ‘‘Cruciferae’’, and adding in their places kinds. (a) Immature or shriveled seeds and the words ‘‘Fabaceae’’, ‘‘brassica’’, and (i) Refer to the specifications on the seeds that are cracked or injured. For Brassicaceae’’, respectively; calibration samples for Kentucky seeds of legumes (Fabaceae) and ■ b. In paragraph (b)(2)(iv) removing the bluegrass, orchardgrass, and Pensacola crucifers (Brassicaceae) with the seed word ‘‘Agropyron’’ and adding in its variety of bahiagrass to determine their coats entirely removed refer to place the word ‘‘Elymus’’; appropriate blowing points for the § 201.51(a)(1); ■ c. In paragraph (b)(2)(v) removing the Uniform Blowing Procedure. * * * * * words ‘‘A. repens’’ and adding in their (ii) Use the calibration sample for (f) Intact fruits, whether or not they place the words ‘‘E. repens’’; and Kentucky bluegrass to determine the contain seed, of species belonging to the ■ d. In paragraph (b)(4) removing the blowing points for Canada bluegrass, following families: Sunflower word ‘‘Compositae’’ and adding in its rough bluegrass, blue grama, and side- (Asteraceae), buckwheat (Polygonaceae), place the word ‘‘Asteraceae’’. oats grama.

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(A) The blowing point for Canada bluegrass. Before blowing, extraneous (iii) Use this anemometer reading to bluegrass shall be the same as the material that will interfere with the determine the blower gate setting blowing point determined for Kentucky blowing process shall be removed. The whenever the Uniform Blowing bluegrass. sample to be blown shall be divided Procedure is required. (B) The blowing point for rough into four approximately equal parts and (5) Pure seed and inert matter. Use the bluegrass shall be a factor of 0.82 (82 each part blown separately. The 1.480 calibrated blower to separate the seed percent) of the blowing point factor is restricted to the General-type sample into light and heavy portions. determined for Kentucky bluegrass. The seed blower. 0.82 factor is restricted to the General- (4) Blower calibration. Calibrate and After completing the initial separation, type seed blower. test the blower according to the remove and separate all weed and other (C) The blowing point for blue grama instructions that accompany the crop seeds from the light portion. The shall be a factor of 1.157 of the blowing calibration samples before using the remainder of the light portion shall be point determined for Kentucky blower to analyze the seed sample. Use considered inert matter. Remove all bluegrass. Before blowing, extraneous the anemometer to set the blower gate weed and other crop seeds and other material that will interfere with the opening according to the calibration inert matter (stems, leaves, dirt) from blowing process shall be removed. The sample specifications. the heavy portion and add them to the sample to be blown shall be divided (i) Determine the blowing point using weed seed, other crop seed, or inert into four approximately equal parts and a calibrated anemometer. matter separations, as appropriate. The each blown separately. The 1.157 factor (ii) Position the anemometer fan remainder of the heavy portion shall be is restricted to the General-type seed precisely over the blower opening, set it considered pure seed. blower. at meters per second (m/s), run the (b) * * * (D) The blowing point for side-oats blower at the calibrated gate setting, and grama shall be a factor of 1.480 of the wait 30 seconds before reading the (2) * * * blowing point determined for Kentucky anemometer. (ii) * * *

TABLE OF FACTORS TO APPLY TO MULTIPLE UNITS a

Percent of Pubescent Intermediate Tall Western Smooth single units of Crested b wheat-grass wheat-grass wheat-grass c wheat-grass c brome each kind wheat-grass

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 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.

§ 201.56 [Amended] § 201.58 Substrata, temperature, duration prescribed test period or the allowed ■ 36. In § 201.56, amend paragraph (d) of test, and certain other specific directions extension falls on a weekend or public for testing for germination and hard seed. by removing the word ‘‘Umbelliferae’’ holiday, the test may be extended to the and adding in its place the word * * * * * next working day. (Also, see paragraph ‘‘Apiaceae.’’ (a) Definitions and explanations (a)(5) of this section and § 201.57.) ■ 37. Amend § 201.58 by: applicable to table 2—(1) Duration of * * * * * ■ a. Revising paragraphs (a)(1) and tests. The following deviations are (b) * * * (b)(13); permitted from the specified duration of ■ b. Adding in Table 2 to paragraph tests: Any test may be terminated prior (13) Fourwing Saltbush (Atriplex (c)(3) entries for ’’ Camelina’’, ‘‘Radish’’, to the number of days listed under canscens); preparation of seed for test. and ‘‘Teff’’ in the ‘‘Agricultural Seed’’ ‘‘Final count’’ if the maximum De-wing seeds and soak for 2 hours in section in alphabetical order; germination of the sample has then been 3 liters of water, after which rinse with ■ c. Revising in Table 2 to paragraph determined. The number of days stated approximately 3 liters of distilled water. (c)(3) the entry for ‘‘Oat’’ in the for the first count is approximate and a Remove excess water, air dry for 7 days ‘‘Agricultural Seed’’ section; and deviation of 1 to 3 days is permitted. If at room temperature, then test for ■ d. Revising in Table 2 to paragraph at the time of the prescribed test period germination as indicated in Table 2. (c)(3) the entry for ‘‘Brussels Sprouts’’ in the seedlings are not sufficiently the ‘‘Vegetable Seed’’ section. developed for positive evaluation, it is (c) * * * The revisions and additions read as possible to extend the time of the test (3) * * * follows: period two additional days. If the

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TABLE 2 TO PARAGRAPH (C)(3)

Additional directions Temperature First count Final count Name of seed Substrata (°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 °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 °C for 3 days; KNO3 and Light.

*******

* * * * * ■ b. In paragraph (a)(2) removing in the Fluorescence Tolerance, Based on Test first sentence the word ‘‘act’’ and adding Fluorescence (TFL) § 201.59 [Amended] in its place the word ‘‘Act’’; and * * * * * ■ 38. Amend § 209.59 by removing ■ c. In paragraph (b)(2) adding in the wherever it appears the word ‘‘act’’ and first sentence the word ‘‘other’’ before ■ 41. Revise § 201.64 to read as follows: adding in its place the word ‘‘Act’’. the words ‘‘crop seeds’’. § 201.64 Pure live seed. ■ § 201.60 [Amended] 40. Amend § 201.61 by revising the table heading to read as follows: The tolerance for pure live seed shall ■ 39. Amend § 201.60 by: be determined by applying the ■ a. In paragraph (a)(1) adding in the § 201.61 Fluorescence percentages in respective tolerances to the germination second sentence the word ‘‘teff,’’ after ryegrasses. plus the hard seed and dormant seed, the words ‘‘sweet vernalgrass,’’; *** and the pure seed.

■ 42. Amend § 201.68 by revising the ■ 43. Amend § 201.70 by revising § 201.75 [Amended] introductory text and paragraph (b) to paragraph (a) to read as follows: ■ read as follows: 45. Amend § 201.75 by removing in § 201.70 Limitations of generations for paragraphs (b)(1) and (c) wherever it § 201.68 Eligibility requirements for certified seed. appears the words ‘‘(if certified as to certification of varieties. * * * * * variety)’’. When a seed originator, developer, (a) Recertification of the Certified ■ owner of the variety, or agent thereof 46. In § 201.76 amend Table 5 by class may be permitted when no requests eligibility for certification, the adding in alphabetical order entries for certification agency shall require the Foundation or Registered seed is being ‘‘Camelina’’, ‘‘Chickpea’’, ‘‘Hemp’’, person to provide the following maintained; or ‘‘Radish’’, ‘‘Sunn hemp’’ and footnotes information upon request: * * * * * ‘‘60’’ through ‘‘63’’ to read as follows: * * * * * § 201.74 [Amended] § 201.76 Minimum Land, Isolation, Field, (b) A statement concerning the and Seed Standards. ■ variety’s origin and the breeding or 44. Amend § 201.74 by removing in * * * * * reproductive stabilization procedures paragraphs (a), (b), and (c) the words ‘‘(if used in its development. certified as to variety)’’. * * * * *

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TABLE 5 TO § 201.76

Foundation Registered Certified Crop Land Isolation Field Seed Land Isolation Field Seed Land Isolation Field Seed

******* Camelina ...... 8 1 61 50 5,000 0.1 8 1 61 50 2,000 0.2 8 1 61 50 1,000 0.3 (59 15.24m) (59 15.24m) (59 15.24m) 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 5 1,320 0 0.05 60 5 1,320 1,000 0.1 60 5 660 500 0.25 (59 402.34m) (59 402.34m) (59 201.17m)

******* Sunn hemp ...... 7 1 1,320 62 5,000 0.1 7 1 660 62 1,000 0.25 7 1 330 62 500 0.5 (59 402.34m) (59 201.17m) (59 100.58m)

******* 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.

■ 47. Amend § 201.78 by revising Authority: 302, 305, 402, 408, 409, 413, SUMMARY: The FAA is adopting a new paragraph (e) to read as follows: 414, 53 Stat. 1275, as amended; 7 U.S.C. airworthiness directive (AD) for Bell 1582, 1585, 1592, 1598, 1599, 1603, and Textron Inc. (Bell) Model 214ST § 201.78 Pollen control for hybrids. 1604. helicopters. This AD was prompted by * * * * * ■ 49. In part 202, the heading is revised the discovery of bolts with (e) Hybrid alfalfa. When at least 75 to read as set forth above. nonconforming external thread root percent of the plants are in bloom and radii. This AD requires removing the there is no more than 15 percent seed Subpart C—Provisions Applicable to affected bolts from service and prohibits set, 200 plants shall be examined to Other Proceedings installing an affected bolt on any determine the pollen production index helicopter. The FAA is issuing this AD ■ (PPI). Each plant is rated as 1, 2, 3 or 50. In subpart C, revise the heading to to address the unsafe condition on these 4 with ‘‘1’’ representing no pollen, ‘‘2’’ read as set forth above. products. representing a trace of pollen, ‘‘3’’ Bruce Summers, DATES: This AD is effective August 11, representing substantially less than Administrator, Agricultural Marketing 2020. normal pollen, and ‘‘4’’ representing Service. normal pollen. The rating is weighted as ADDRESSES: For service information [FR Doc. 2020–12920 Filed 7–6–20; 8:45 am] 0, 0.1, 0.6 or 1.0, respectively. The total identified in this final rule, contact Bell number of plants of each rating is BILLING CODE 3410–02–P Textron, Inc., P.O. Box 482, Fort Worth, multiplied by the weighted rating and TX 76101; telephone 817–280–3391; fax the values are totaled. The total is 817–280–6466; or at https:// divided by the number of plants rated DEPARTMENT OF TRANSPORTATION www.bellcustomer.com. You may view and multiplied by 100 to determine the the referenced service information at the PPI. For hybrid production using Federal Aviation Administration FAA, Office of the Regional Counsel, separate male and female rows, the Southwest Region, 10101 Hillwood maximum PPI allowed for 95 percent 14 CFR Part 39 Pkwy., Room 6N–321, Fort Worth, TX hybrid seed is 14 for the Foundation 76177. class, and 6 for the F1 hybrid. For [Docket No. FAA–2020–0171; Product Examining the AD Docket hybrid production using comingled Identifier 2018–SW–028–AD; Amendment parent lines, the maximum PPI allowed 39–21155; AD 2020–14–01] You may examine the AD docket on the internet at https:// for 75 percent hybrid Certified class RIN 2120–AA64 seed is 25, with an allowance for www.regulations.gov by searching for blending to reach a PPI of 25 for fields and locating Docket No. FAA–2020– Airworthiness Directives; Bell Textron 0171; or in person at Docket Operations with a PPI above 25, but no greater than Inc. (Type Certificate Previously Held 30. between 9 a.m. and 5 p.m., Monday by Bell Helicopter Textron Inc.) through Friday, except Federal holidays. Helicopters PART 202—FEDERAL SEED ACT The AD docket contains this AD, any ADMINISTRATIVE PROCEDURES AGENCY: Federal Aviation comments received, and other Administration (FAA), DOT. information. The address for Docket ■ 48. The authority citation for part 202 Operations is U.S. Department of ACTION: Final rule. continues to read as follows: Transportation, Docket Operations, M

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