48456 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Rules and Regulations

DEPARTMENT OF AGRICULTURE provisions of the FSA are found in include plant health activities §§ 201.101 through 201.230 (referred to conducted at the Federal level, Animal and Plant Health Inspection below as the regulations). including the seed analysis and Service The responsibility for inspection of laboratory accreditation activities we imported seeds under Title III of the had attributed to Agriculture and Agri- 7 CFR Parts 201 and 361 FSA was transferred from the Food Canada in the proposed rule. [Docket No. 93±126±5] Agricultural Marketing Service (AMS) to Therefore, for accuracy, we will refer to the Animal and Plant Health Inspection the Canadian Food Inspection Agency, RIN 0579±AA64 Service (APHIS) by a final rule rather than to Agriculture and Agri- amending the delegations of authority Imported Seed and Screenings Food Canada, throughout this from the Secretary of Agriculture that document. We have also updated the AGENCY: Animal and Plant Health was published in the Federal Register regulations in § 371.7(a) to reflect that Inspection Service, USDA. on September 22, 1982 (47 FR 41725), change. ACTION: Final rule. and effective October 1, 1982. In a proposed rule published in the Discussion of Comments SUMMARY: We are amending the Federal Register on October 4, 1996 (61 Comment: The proposed regulations ‘‘Imported Seed’’ regulations by moving FR 51791–51810, Docket No. 93–126–4), refer to an ‘‘official seed analyst,’’ which the regulations to a different chapter in we proposed to revise the regulations to is defined as a ‘‘registered member of the Code of Federal Regulations; reflect amendments to the FSA and the the Association of Official Seed establishing a seed analysis program transfer of regulatory authority for Title Analysts’’ (AOSA). The AOSA does not with Canada; and allowing U.S. III of the FSA from AMS to APHIS. To have a category of ‘‘registered member,’’ companies that import seed for cleaning reflect that change in authority, we and the voting category of membership or screenings for processing to enter into proposed to move the regulations from in AOSA is entitled ‘‘official compliance agreements with the Animal 7 CFR chapter I, which is one of the laboratory.’’ Therefore, the term ‘‘official and Plant Health Inspection Service. chapters in which AMS regulations seed laboratory,’’ which would be These changes are being made to reflect appear, to 7 CFR chapter III, where defined as an official laboratory member recent amendments to the Federal Seed APHIS’ plant-related regulations appear. of AOSA, should be used instead of Act and the transfer of responsibility for As part of that proposed move, we also ‘‘official seed analyst.’’ proposed to update the regulations to the import provisions of the act from the Response: We agree with the reflect amendments to the FSA and Agricultural Marketing Service to the commenter and have made the make nonsubstantive editorial changes Animal and Plant Health Inspection suggested changes. Specifically, we to the arrangement and wording of the Service. These changes will bring the have changed the definition in § 361.1 regulatory text to improve its clarity. We imported seed regulations into of ‘‘official seed analyst’’ to ‘‘official also announced that we would host a agreement with the amended Federal seed laboratory’’ with the suggested public hearing on November 21, 1996, Seed Act, eliminate the need for definition, and we have changed a to provide interested persons with an sampling shipments of Canadian-origin reference in § 361.8(a)(1) from ‘‘official seed at the border, and allow certain opportunity to present their views regarding the proposed rule. seed analyst’’ to ‘‘official seed seed importers to clean seed without the laboratory.’’ direct monitoring of an Animal and We solicited comments concerning the proposed rule for 60 days ending Comment: Members of the Plant Health Inspection Service Commercial Seed Analysts Association inspector. December 3, 1996. We received five comments by that date. The November of Canada (CSAAC) should be given the EFFECTIVE DATE: October 16, 1997. 21, 1996, hearing was held as same recognition as the registered seed FOR FURTHER INFORMATION CONTACT: Ms. scheduled, but no members of the technologists and official seed analysts Polly Lehtonen, Botanist, Biological public attended to present comments mentioned in the proposed rule. Assessment and Taxonomic Support, (although one of the five comments Response: The role of the registered PPQ, APHIS, 4700 River Road Unit 133, mentioned above was included in the seed technologist and official seed Riverdale, MD 20737–1236, (301) 734– record of the public hearing at the analyst (now official seed laboratory, as 8896. request of the person who submitted the noted above) in the proposed SUPPLEMENTARY INFORMATION: comment). The comments we received regulations and in this final rule is were from U.S. and Canadian seed limited to analyzing representative Background analysts associations, a seed trade samples of seed cleaned in the United Under the authority of the Federal association, and two State departments States under a compliance agreement as Seed Act of 1939, as amended (FSA), of agriculture. Although all of the set forth in § 361.8(a)(1). While it is the U.S. Department of Agriculture commenters offered support for the likely that members of CSAAC are (USDA) regulates the importation and proposed rule, each of them offered working in laboratories associated with interstate movement of certain suggestions or sought clarification or accredited by the Canadian Food agricultural and vegetable seed and regarding the changes proposed in the Inspection Agency and will, thus, be screenings. Title III of the FSA, ‘‘Foreign proposed rule. Those comments are involved in the analysis and Commerce,’’ requires shipments of discussed below. certification of seed in Canada under imported agricultural and vegetable § 361.7, we do not foresee that they seed to be labeled correctly and to be Change in Responsible Canadian would be involved in the analysis of tested for the presence of the seeds of Agency seed after it has been imported into the certain noxious weeds as a condition of On April 1, 1997, the Canadian Food United States and cleaned. For that entry into the United States. The Inspection Agency, a public agency reason, we do not believe it is necessary USDA’s regulations implementing the reporting to Canada’s Minister of to explicitly mention CSAAC or its provisions of the FSA are found at 7 Agriculture and Agri-Food, was members in the regulations. Therefore, CFR part 201; the regulations established. The Canadian Food we have made no changes in this final implementing the foreign commerce Inspection Agency’s responsibilities rule based on that comment. Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Rules and Regulations 48457

Comment: The noxious weed seed regulations in 7 CFR 201.50 recognize the seed to enter the United States if the tolerances set out in § 361.6(b) are too each States’ prohibited weed list in importer withdraws the original lenient. As it is currently written, the enforcing the interstate provisions of the declaration and files a new declaration discovery of two seeds in an initial FSA. Because individual States have the stating that the seed is being imported examination triggers a second authority to prevent the sale within for feeding or manufacturing purposes. examination; if two or fewer seeds are their borders of seed containing weed How can APHIS be sure that the found in the second examination, the lot seeds prohibited under State importer will not use the seed for of seed may be imported. Such a regulations, we do not believe it is planting purposes once it reaches its tolerance would allow approximately necessary to amend the imported seed final destination in the United States? 100 noxious weed seeds per 50 lb. bag regulations to reflect the noxious weed Response: There are avenues that an for a crop seed the size of wheat. The lists of all the States. We have, therefore, importer can pursue to render discovery of even one or two seeds in made no changes in this final rule based adulterated seed fit for planting a second examination serves only to on that comment. purposes and penalties in place to confirm that prohibited noxious weed Comment: As set forth in the discourage the type of action envisioned seeds are present in the lot of seed. The proposed rule, the regulations in § 361.7 by the commenter. If a lot of seed is regulations should be changed to are unclear as to who in Canada will be deemed to be adulterated, the importer require a second examination upon the doing the sampling of seed intended for of the seed would have the option of discovery of a single noxious weed seed; export to the United States. Sampling sending the seed to a seed-cleaning if the second examination yields one or must be performed by persons trained in facility. After the noxious weed seeds proper sampling and who are in no way more noxious weed seeds, then the lot are removed, the importer could sell the biased as to test outcome. of seed should be refused entry. seed for planting purposes. When an Response: The tolerances established Response: The sampling in Canada importer instead chooses to file a new under the FSA are consistent with those will be performed in the manner seen as declaration for the seed, that new of the Association of Official Seed necessary by the commenter. Seed declaration must include a statement Analysts (AOSA) and the Association of samples drawn in Canada pursuant to that no part of the seed will be used for American Seed Control Officials’ the regulations in § 361.7 will be planting purposes, and the importer will ‘‘Recommended Uniform State Seed analyzed by the Canadian Food be bound to abide by the new Law’’ (RUSSL), as amended in July Inspection Agency or by a private seed declaration. Under § 304 of the FSA (7 1996. The RUSSL recommends that laboratory accredited by the Canadian State seed laws recognize the tolerances Food Inspection Agency, and the U.S.C. 1586), it is unlawful for any in AOSA’s ‘‘Rules for Testing Seeds.’’ Canadian Food Inspection Agency has person to sell or offer for sale any seed Also, within the framework of the informed APHIS that it will require or screenings for seeding (planting) General Agreement on Tariffs and Trade those laboratories testing seed for export purposes if the seed or screenings were and the North American Free Trade to the United States to test only imported for other than seeding Agreement, a quarantine action such as ‘‘officially recognized samples’’ as (planting) purposes. Any seed sold, that recommended by the commenter, defined by the Canada Seeds delivered for transportation in interstate i.e. prohibiting all weed seeds with no Regulations. Thus, the seed will have to commerce, or transported in interstate tolerances, is not appropriate for pests be drawn according to recognized or foreign commerce in violation of any that are widespread in the importing methods by an accredited grader, a of the provisions of the FSA would, country. All of the weeds for which we person licensed to operate an approved under § 405 of the FSA (7 U.S.C. 1595), allow tolerances are already established conditioner, or a person accredited by be subject to seizure. Further, § 406 of and widespread in the United States. an official certifying agency to sample the FSA (7 U.S.C. 1596) provides that Therefore, we have made no changes in seed. any person who knowingly violates any this final rule based on that comment. Comment: APHIS should require provision of the FSA or the regulations Comment: The list of noxious weeds sampling for seed imported for feeding shall be deemed guilty of a in § 361.6 does not include many purposes. Seed screenings are often misdemeanor and, upon conviction species of weeds that are prohibited in used as a component of feed and may thereof, shall pay a fine of $1,000 for the many States. This could result in a State contain a high percentage of viable first offense and a fine of not more than having to accept an imported lot of seed noxious weed seeds. There should be $2,000 for each subsequent offense. In that contains weed seeds that are limitations on viable noxious weed addition, if the importer intends to sell prohibited by that State but not by seeds in feed and some measure of the adulterated seed for planting regulations. The list of noxious weeds in sampling or monitoring. purposes but files a new declaration § 361.6 should be expanded to include Response: As we noted in the stating that the seed is to be used for noxious weed seed prohibited by States. proposed rule with regard to screenings, feed or manufacturing purposes merely Response: The commenter is correct the process usually used to produce to secure the release of the seed, the in noting that many States prohibit animal feed—i.e., an extrusion process importer could be subject to the weeds that are not included on the list that includes heating and pelletizing— provisions of 18 U.S.C. 1001, which of noxious weeds in § 361.6; it is also is sufficient to devitalize any live seed, provides, in part, that ‘‘Whoever, in any true, however, that the list in § 361.6 is which reduces to an insignificant level matter within the jurisdiction of any more restrictive than the noxious weed any risk that the feed would contain any department or agency of the United lists maintained by some other States. viable noxious weed seeds. We do not, States knowingly and willfully * ** Generally speaking, the weeds found in therefore, believe that it is necessary to makes any false, fictitious or fraudulent the list in § 361.6 are those weeds require sampling or monitoring for statements or representations, or makes prohibited most often by individual imported seed declared for feeding or uses any false writing or document States. Any State may inspect seed purposes. knowing the same to contain any false, shipments sold within its borders and Comment: When seed intended for fictitious or fraudulent statement or can issue a ‘‘stop sale’’ if a State planting purposes is imported and entry, shall be fined under this title or inspector finds weeds on the State’s found to be adulterated with noxious imprisoned not more than five years, or prohibited list. Further, the AMS’ weed seeds, the regulations would allow both.’’ 48458 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Rules and Regulations

Comment: Section 361.3 contains traditionally been the role of the seed being satisfied; therefore, we have references to seed treated with exporter to maintain samples of seed replaced references to ‘‘supervision’’ mercurials. Is it not the case that from each lot shipped. with references to ‘‘monitoring’’ to more mercurial seed treatments were banned Response: As we noted in the clearly represent the role of APHIS several years ago? proposed rule, seed companies must inspectors participating in activities Response: With regard to the already retain records and samples to conducted in connection with the treatment of seeds with mercurials or comply with the AMS’ regulations regulations. similarly toxic substances, the scope of promulgated under the interstate Therefore, based on the rationale set the FSA and the regulations is limited provisions of the FSA, so we do not forth in the proposed rule and in this to requiring that such treated seed be believe that the recordkeeping document, we are adopting the properly labeled. Those labeling requirements of this rule place an provisions of the proposal as a final rule requirements, as noted by the additional burden on those companies. with the changes discussed in this commenter, are contained in § 361.3 of Further, even if exporters retain samples document. the regulations. However, because from lots of seed shipped to this Executive Order 12866 and Regulatory mercurials are harmful to humans and country, only the importer’s sample can Flexibility Act vertebrate animals, they would be be relied upon to accurately reflect the covered under the Food and Drug content of the seed lot that was actually This rule has been reviewed under Administration’s (FDA’s) regulations in received in the United States. Therefore, Executive Order 12866. The rule has 16 CFR 2.25(b), which state, in part, that we continue to believe that it is been determined to be not significant for the FDA ‘‘will regard as adulterated any necessary for importers to retain a seed purposes of Executive Order 12866 and, interstate shipment of the food seeds sample to provide a reference that therefore, has not been reviewed by the wheat, corn, oats, rye, barley, and would help APHIS to trace the source of Office of Management and Budget. sorghum bearing a poisonous treatment potential problems and monitor the We are amending the ‘‘Imported in excess of a recognized tolerance or efficacy of noxious weed examinations Seed’’ regulations by moving the treatment for which no tolerance or and cleaning. regulations to a different chapter in the exemption from tolerance is recognized Code of Federal Regulations, Other Changes in regulations promulgated pursuant to establishing a seed analysis program section 408 of the Federal Food, Drug, We have made a change to the with Canada, and allowing U.S. and Cosmetic Act, unless such seeds wording of the introductory text of companies that import seed for cleaning have been adequately denatured by a paragraph (a) in § 361.4, ‘‘Inspection at or screenings for processing to enter into suitable color to prevent their the port of first arrival.’’ In the proposed compliance agreements with APHIS. subsequent inadvertent use as food for rule, that paragraph stated that all With these changes, the regulations will man or feed for animals.’’ Thus, seeds agricultural seed, vegetable seed, and reflect recent amendments to the FSA deemed adulterated by the FDA would screenings offered for entry into the and the transfer of responsibility for the be subject to appropriate action by the United States shall be ‘‘subject to import provisions of the act from AMS FDA under its authority. inspection’’ at the port of first arrival. to APHIS, eliminate the need for Comment: Will APHIS monitor the Because the phrase ‘‘subject to sampling shipments of Canadian-origin Canadian seed testing laboratories that inspection’’ does not accurately seed at the border, and allow certain analyze the seed to be exported to the represent what must occur at the port of seed importers to clean seed with United States? What actions will be first arrival prior to seed and screenings, monitoring by an APHIS inspector. taken if APHIS finds that one of those or any other agricultural commodity, No economic impact will result from Canadian laboratories is conducting being released for entry into the United shifting the regulations to a different incorrect or incomplete analyses on States, we have changed that paragraph chapter in the Code of Federal seed to be exported to the United States? to make it clear that the seed or Regulations. However, the elimination Response: APHIS will take samples of screenings must be made available for of the requirement that shipments of Canadian-origin seed for monitoring examination by an inspector and must Canadian-origin seed be sampled at the purposes. If our test results do not agree remain at the port of first arrival until border will result in savings to APHIS. with those of the Canadian seed-testing released by an inspector. This rule will require that all shipments laboratory that analyzed the seed, we Similarly, we have changed those of Canadian-origin agricultural or will notify the Canadian Food sections of the regulations that refer to vegetable seed be accompanied by a Inspection Agency of the discrepancy an APHIS inspector’s ‘‘supervision’’ of certificate of analysis issued by the and cooperate with the Canadian Food certain activities, i.e., the destruction or Canadian Food Inspection Agency or by Inspection Agency in its investigation of cleaning of seed, the correction of the a private seed laboratory accredited by the cause of the discrepancy. If labeling on a lot of seed, the removal of the Canadian Food Inspection Agency; sampling or laboratory errors are found seed from containers, and the that certificate of analysis precludes the to have occurred, corrective action will enforcement of compliance agreements. need for sampling and testing those be initiated by the Canadian Food To state that an APHIS inspector will shipments of Canadian-origin seed. The Inspection Agency. Further, APHIS will ‘‘supervise’’ such activities may imply certificate of analysis will confirm the increase its monitoring of seed that the inspector is in a position of seed shipment meets the noxious weed shipments that have been analyzed by authority over the persons conducting tolerances and labeling requirements of the laboratory in question. such activities and is, therefore, the FSA and the regulations. Therefore, Comment: Section 361.9 of the responsible for all issues associated APHIS will no longer have to rely on proposed rule states that seed importers with the conduct of those activities, U.S. Customs Service inspectors at the must retain a seed sample from each lot even issues unrelated to the inspector’s Canadian border to draw samples from of imported seed for at least 1 year. This authority such as worker safety or shipments of imported seed and mail requirement is too burdensome and compliance with labor laws. The actual the seed samples to APHIS’’ Seed should be eliminated; such samples will role of an APHIS inspector in such Examination Facility (SEF) in Beltsville, not assist in the tracing or monitoring of situations is to ensure that the MD, for testing. Under the provisions of potential problems. In addition, it has requirements of APHIS’ regulations are this rule, the cost of the analysis and Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Rules and Regulations 48459 subsequent certification will be borne will be necessary to ensure compliance certified prior to its entry into the by the owner or exporter of the seed, so with the conditions of the agreement. In United States. there will be a reduction in the fiscal year 1995, two companies in Under these circumstances, the sampling and testing costs currently Idaho imported a total of 48 lots of seed Administrator of the Animal and Plant borne by APHIS. We estimate that that required cleaning; APHIS employed Health Inspection Service has APHIS will save over $103,000 annually a contractor to monitor the cleaning of determined that this action will not in salary and related expenditures those adulterated seed lots. A company have a significant economic impact on associated with the testing of Canadian- operating under a compliance a substantial number of small entities. origin seed. agreement will not require monitoring Imports of field and garden seeds for every lot of seed imported for Executive Order 12988 from Canada represent 80 percent of cleaning, so we expect there will be an This rule has been reviewed under total U.S. seed imports; from 1992 to estimated $1,664 annual savings in 1994, imports of the regulated Executive Order 12988, Civil Justice salary and benefits as a result of seed- Reform. This rule: (1) Preempts all State agricultural and vegetable seeds from cleaning companies entering into Canada into the United States averaged and local laws and regulations that are compliance agreements with APHIS. inconsistent with this rule; (2) has no 107,270 tons per year, with an average In total, we expect an estimated value of $63.059 million. From fiscal retroactive effect; and (3) does not annual reduction of approximately require administrative proceedings year 1989 to fiscal year 1993, the $103,000 in the costs associated with number of seed shipments sampled before parties may file suit in court the sampling and testing of Canadian challenging this rule. increased from 2,451 to 3,615 shipments origin seed and the monitoring of seed per year, an increase of 47.5 percent; cleaning. Paperwork Reduction Act over the same period, SEF tested an This rule is expected to impact In accordance with the Paperwork average of 2,907 seed samples per year. exporters of Canadian-origin seed, the In fiscal years 1994 and 1995, Reduction Act of 1995 (44 U.S.C. 3501 majority of which—over 95 percent—are et seq.), the information collection or approximately 5,000 Canadian seed Canadian businesses. The cost of samples were tested. Only 3 percent of recordkeeping requirements included in obtaining a certificate of analysis from a Canadian seed shipments were refused this proposed rule have been approved Canadian government or private admission for noxious weed content. by the Office of Management and This final rule’s requirement that laboratory is estimated to range from Budget (OMB) under OMB control Canadian-origin seed be certified prior $13.00 to $58.00 per lot, depending on number 0579–0124. to import into the United States will the type of seed to be analyzed, or an Regulatory Reform eliminate the need for the routine average of $35 per lot. The cost is the same regardless of the size of the lot, testing of Canadian-origin seed and thus This action is part of the President’s which can range from 50 to 50,000 eliminate the costs associated with that Regulatory Reform Initiative, which, pounds. Based upon fiscal year 1995 testing. Without the certificate among other things, directs agencies to figures, there are approximately 6,000 requirement, the SEF botanist spent remove obsolete and unnecessary seed shipments per year from Canada approximately 90 percent of his time regulations and to find less burdensome that will require certification as a testing Canadian-origin seed for noxious ways to achieve regulatory goals. weed seeds, while his assistant spent condition of importation into the United about 50 percent of his time on this task. States. For the majority of shipments, List of Subjects the cost of the certification does not In terms of salaries and benefits, the 7 CFR Part 201 costs associated with the SEF’s testing represent an additional expense because of Canadian seed are estimated to much of the seed is likely to have been Advertising, Agricultural exceed $100,000 annually. With the tested anyway to meet the requirements commodities, Imports, Labeling, certificate requirement for Canadian of the exporting company’s contracts Reporting and recordkeeping seed in place, the time and costs spent with its importing customers. requirements, Seeds, Vegetables. Nevertheless, the cost of a certificate is on testing Canadian seed may be shifted 7 CFR Part 361 into the SEF’s other areas of small in comparison to the average responsibility. value of a seed shipment (which is Agricultural commodities, Imports, This rule will also result in savings in typically worth thousands of dollars) Labeling, Quarantine, Reporting and salary for the time spent by APHIS or and will not, therefore, impose a recordkeeping requirements, Seeds, State inspectors monitoring the cleaning significant economic burden on Vegetables, Weeds. of seed lots refused admission due to Canadian seed exporters, large or small. noxious weed seed content. In fiscal For this reason, any cost that is passed Accordingly, title 7, chapters I and III, year 1995, 61 seed shipments were on to U.S. buyers of Canadian seed is of the Code of Federal Regulations are refused entry due to noxious weed seed likewise estimated to be small. amended as follows: content above tolerances. An inspector Less than 2 percent of the Canadian PART 201ÐFEDERAL SEED ACT spends an average of about 4 hours seed imported into the United States is REGULATIONS monitoring the cleaning of each refused imported through transactions between shipment. The savings in the inspector’s Canadian seed exporters and individual 1. The authority citation for part 201 monitoring time in this activity is U.S. farms. (Individual farms located continues to read as follows: estimated as $1,262. near the U.S.-Canadian border typically This rule also allows companies that import small amounts of Canadian seed Authority: 7 U.S.C. 1592. import uncleaned seed for to be used directly on farms.) While the reconditioning and resale to enter into exact number of these entities is not § 201.38 [Amended] a compliance agreement with APHIS, known, it is expected that the impact to 2. Section 201.38 is amended by which will likely yield a savings to these individuals will be small because removing the words ‘‘§§ 201.208 and APHIS in inspection time since only seed sold in such small quantities is, in 201.209’’ and adding the words ‘‘§ 361.4 periodic inspections of these companies almost all cases, already analyzed and of this title’’ in their place. 48460 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Rules and Regulations

§§ 201.101 through 201.230 [Removed] Bluegrass, Kentucky—Poa pratensis L. Crested dogtail—Cynosurus cristatus L. 3. In 7 CFR part 201, §§ 201.101 Bluegrass, Nevada—Poa secunda J.S. Presl Crotalaria, lance—Crotalaria lanceolata E. through 201.230 are removed. Bluegrass, rough—Poa trivialis L. Mey. 4. A new 7 CFR part 361 is added to Bluegrass, Texas—Poa arachnifera Torr. Crotalaria, showy—Crotalaria spectabilis Bluegrass, wood—Poa nemoralis L. Roth read as follows: Bluejoint—Calamagrostis canadensis Crotalaria, slenderleaf—Crotalaria brevidens Benth. var. intermedia (Kotschy) Polh. PART 361ÐIMPORTATION OF SEED (Michx.) P. Beauv. Bluestem, big—Andropogon gerardii Vitm. Crotalaria, striped or smooth—Crotalaria AND SCREENINGS UNDER THE var. gerardii pallida Ait. FEDERAL SEED ACT Bluestem, little—Schizachyrium scoparium Crotalaria, sunn—Crotalaria juncea L. (Michx.) Nash Crownvetch—Coronilla varia L. Sec. Bluestem, sand—Andropogon hallii Hack. Dallisgrass—Paspalum dilatatum Poir. 361.1 Definitions. Bluestem, yellow—Bothriochloa ischaemum Dichondra—Dichondra repens Forst. and 361.2 General restrictions on the (L.) Keng Forst. f. importation of seed and screenings. Bottlebrush-squirreltail—Elymus elymoides Dropseed, sand—Sporobolus cryptandrus 361.3 Declarations and labeling. (Raf.) Swezey (Torr.) A. Gray 361.4 Inspection at the port of first arrival. Brome, field—Bromus arvensis L. Emmer—Triticum dicoccon Schrank 361.5 Sampling of seeds. Brome, meadow—Bromus biebersteinii Fescue, chewings—Festuca rubra L. subsp. 361.6 Noxious weed seeds. Roem. and Schult. commutata Gaud. 361.7 Special provisions for Canadian- Brome, mountain—Bromus marginatus Fescue, hair—Festuca tenuifolia Sibth. origin seed and screenings. Steud. Fescue, hard—Festuca brevipila Tracey 361.8 Cleaning of imported seed and Brome, smooth—Bromus inermis Leyss. Fescue, meadow—Festuca pratensis Huds. processing of certain Canadian-origin Broomcorn—Sorghum bicolor (L.) Moench Fescue, red—Festuca rubra L. subsp. rubra screenings. Buckwheat—Fagopyrum esculentum Moench Fescue, sheep—Festuca ovina L. var. ovina 361.9 Recordkeeping. Buffalograss—Buchloe dactyloides (Nutt.) Fescue, tall—Festuca arundinacea Schreb. 361.10 Costs and charges. Engelm. Flax—Linum usitatissimum L. Authority: 7 U.S.C. 1581–1610; 7 CFR 2.22, Buffelgrass—Cenchrus ciliaris L. Galletagrass—Hilaria jamesii (Torr.) Benth. 2.80, and 371.2(c). Burclover, California—Medicago polymorpha Grama, blue—Bouteloua gracilis (Kunth) L. Steud. § 361.1 Definitions. Burclover, spotted—Medicago arabica (L.) Grama, side-oats—Bouteloua curtipendula Huds. (Michx.) Torr. Terms used in the singular form in Guar—Cyamopsis tetragonoloba (L.) Taub. Burnet, little—Sanguisorba minor Scop. this part shall be construed as the Guineagrass—Panicum maximum Jacq. var. Buttonclover—Medicago orbicularis (L.) plural, and vice versa, as the case may maximum Bartal. Hardinggrass—Phalaris stenoptera Hack. demand. The following terms, when Canarygrass—Phalaris canariensis L. Hemp—Cannabis sativa L. used in this part, shall be construed, Canarygrass, reed—Phalaris arundinacea L. respectively, to mean: Indiangrass, yellow—Sorghastrum nutans Carpetgrass—Axonopus fissifolius (Raddi) (L.) Nash Administrator. The Administrator of Kuhlm. the Animal and Plant Health Inspection Indigo, hairy—Indigofera hirsuta L. Castorbean—Ricinus communis L. Japanese lawngrass—Zoysia japonica Steud. Service, U.S. Department of Agriculture, Chess, soft—Bromus hordeaceus L. Johnsongrass—Sorghum halepense (L.) Pers. or any other individual to whom the Chickpea—Cicer arietinum L. Kenaf—Hibiscus cannabinus L. Administrator delegates authority to act Clover, alsike—Trifolium hybridum L. Kochia, forage—Kochia prostrata (L.) Schrad. in his or her stead. Clover, arrowleaf—Trifolium vesiculosum Kudzu—Pueraria montana (Lour.) Merr. var. Agricultural seed. The following Savi lobata (Willd.) Maesen and S. Almeida kinds and varieties of grass, forage, and Clover, berseem—Trifolium alexandrinum L. Lentil—Lens culinaris Medik. Clover, cluster—Trifolium glomeratum L. Lespedeza, Korean—Kummerowia stipulacea field crop seed that are used for seeding Clover, crimson—Trifolium incarnatum L. purposes in the United States: (Maxim.) Makino Clover, Kenya—Trifolium semipilosum Lespedeza, sericea or Chinese—Lespedeza Agrotricum—x Agrotriticum Ciferri and Fresen. cuneata (Dum.-Cours.) G. Don Giacom. Clover, ladino—Trifolium repens L. Lespedeza, Siberian—Lespedeza juncea (L. f.) Alfalfa—Medicago sativa L. Clover, lappa—Trifolium lappaceum L. Pers. Alfilaria—Erodium cicutarium (L.) L’Her. Clover, large hop—Trifolium campestre Lespedeza, striate—Kummerowia striata Alyceclover—Alysicarpus vaginalis (L.) DC. Schreb. (Thunb.) Schindler Bahiagrass—Paspalum notatum Fluegge Clover, Persian—Trifolium resupinatum L. Lovegrass, sand—Eragrostis trichodes (Nutt.) Barley—Hordeum vulgare L. Clover, red or Wood Barrelclover—Medicago truncatula Gaertn. Red clover, mammoth—Trifolium pratense Lovegrass, weeping—Eragrostis curvula Bean, adzuki—Vigna angularis (Willd.) Ohwi L. (Schrad.) Nees and Ohashi Red clover, medium—Trifolium pratense Lupine, blue—Lupinus angustifolius L. Bean, field—Phaseolus vulgaris L. L. Lupine, white—Lupinus albus L. Bean, mung—Vigna radiata (L.) Wilczek Clover, rose—Trifolium hirtum All. Lupine, yellow—Lupinus luteus L. Beet, field—Beta vulgaris L. subsp. vulgaris Clover, small hop or suckling—Trifolium Manilagrass—Zoysia matrella (L.) Merr. Beet, sugar—Beta vulgaris L. subsp. vulgaris dubium Sibth. Meadow foxtail—Alopecurus pratensis L. Beggarweed, Florida—Desmodium tortuosum Clover, strawberry—Trifolium fragiferum L. Medic, black—Medicago lupulina L. (Sw.) DC. Clover, sub or subterranean—Trifolium Milkvetch or cicer milkvetch—Astragalus Bentgrass, colonial—Agrostis capillaris L. subterraneum L. cicer L. Bentgrass, creeping—Agrostis stolonifera L. Clover, white—Trifolium repens L. (also see Millet, browntop—Brachiaria ramosa (L.) var. palustris (Huds.) Farw. Clover, ladino) Stapf Bentgrass, velvet—Agrostis canina L. Clover—(also see Alyceclover, Burclover, Millet, foxtail—Setaria italica (L.) Beauv. Bermudagrass—Cynodon dactylon (L.) Pers. Buttonclover, Sourclover, Millet, Japanese—Echinochloa frumentacea var. dactylon Sweetclover) Link Bermudagrass, giant—Cynodon dactylon (L.) Corn, field—Zea mays L. Millet, pearl—Pennisetum glaucum (L.) R. Br. Pers. var. aridus Harlan and de Wet Corn, pop—Zea mays L. Millet, proso—Panicum miliaceum L. Bluegrass, annual—Poa annua L. Cotton—Gossypium spp. Molassesgrass—Melinis minutiflora Beauv. Bluegrass, bulbous—Poa bulbosa L. Cowpea—Vigna unguiculata (L.) Walp. Mustard, black—Brassica nigra (L.) Koch Bluegrass, Canada—Poa compressa L. subsp. unguiculata Mustard, India—Brassica juncea (L.) Czernj. Bluegrass, glaucantha—Poa glauca Vahl Crambe—Crambe abyssinica R.E. Fries and Coss. Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Rules and Regulations 48461

Mustard, white—Sinapis alba L. Vaseygrass—Paspalum urvillei Steud. generation seed of a cross produced by Napiergrass—Pennisetum purpureum Veldtgrass—Ehrharta calycina J.E. Smith controlling the pollination and by Schumach. Velvetbean—Mucuna pruriens (L.) DC. var. combining two or more inbred lines; Needlegrass, green—Stipa viridula Trin. utilis (Wight) Burck Oat—Avena byzantina C. Koch, A. sativa L., Velvetgrass—Holcus lanatus L. one inbred or a single cross with an A. nuda L. Vetch, common—Vicia sativa L. subsp. sativa open-pollinated variety; or two selected Oatgrass, tall—Arrhenatherum elatius (L.) Vetch, hairy—Vicia villosa Roth subsp. clones, seed lines, varieties, or species. J.S. Presl and K.B. Presl villosa ‘‘Controlling the pollination’’ means to Orchardgrass—Dactylis glomerata L. Vetch, Hungarian—Vicia pannonica Crantz use a method of hybridization that will Panicgrass, blue—Panicum antidotale Retz. Vetch, monantha—Vicia articulata Hornem. produce pure seed that is at least 75 Panicgrass, green—Panicum maximum Jacq. Vetch, narrowleaf or blackpod—Vicia sativa percent hybrid seed. Hybrid var. trichoglume Robyns L. subsp. nigra (L.) Ehrh. designations shall be treated as variety Pea, field—Pisum sativum L. Vetch, purple—Vicia benghalensis L. Peanut—Arachis hypogaea L. Vetch, woollypod or winter—Vicia villosa names. Poa trivialis—(see Bluegrass, rough) Roth subsp. varia (Host) Corb. Import/importation. To bring into the Rape, annual—Brassica napus L. var. annua Wheat, common—Triticum aestivum L. territorial limits of the United States. Koch Wheat, club—Triticum compactum Host Kind. One or more related species or Rape, bird—Brassica rapa L. subsp. rapa Wheat, durum—Triticum durum Desf. subspecies that singly or collectively is Rape, turnip—Brassica rapa L. subsp. Wheat, Polish—Triticum polonicum L. known by one common name, e.g., silvestris (Lam.) Janchen Wheat, poulard—Triticum turgidum L. soybean, flax, or carrot. Rape, winter—Brassica napus L. var. biennis Wheat x Agrotricum—Triticum x Lot of seed. A definite quantity of (Schubl. and Mart.) Reichb. Agrotriticum Redtop—Agrostis gigantea Roth Wheatgrass, beardless—Pseudoroegneria seed identified by a lot number, every Rescuegrass—Bromus catharticus Vahl spicata (Pursh) A. Love portion or bag of which is uniform, Rhodesgrass—Chloris gayana Kunth Wheatgrass, crested or fairway crested— within permitted tolerances, for the Rice—Oryza sativa L. Agropyron cristatum (L.) Gaertn. factors that appear in the labeling. Ricegrass, Indian—Oryzopsis hymenoides Wheatgrass, crested or standard crested— Mixture. Seeds consisting of more (Roem. and Schult.) Ricker Agropyron desertorum (Link) Schult. than one kind or variety, each present Roughpea—Lathyrus hirsutus L. Wheatgrass, intermediate—Elytrigia in excess of 5 percent of the whole. Rye—Secale cereale L. intermedia (Host) Nevski subsp. Rye, mountain—Secale strictum (K.B. Presl) intermedia Official seed laboratory. An official K.B. Presl subsp. strictum Wheatgrass, pubescent—Elytrigia intermedia laboratory member of the Association of Ryegrass, annual or Italian—Lolium (Host) Nevski subsp. intermedia Official Seed Analysts. multiflorum Lam. Wheatgrass, Siberian—Agropyron fragile Pelleted seed. Any seed unit covered Ryegrass, intermediate—Lolium x hybridum (Roth) Candargy subsp. sibiricum (Willd.) with a substance that changes the size, Hausskn. Meld. shape, or weight of the original seed in Ryegrass, perennial—Lolium perenne L. Wheatgrass, slender—Elymus trachycaulus Ryegrass, Wimmera—Lolium rigidum Gaud. order to improve the plantability or (Link) Shinn. singulation of the seed. Safflower—Carthamus tinctorius L. Wheatgrass, streambank—Elymus Sagewort, Louisiana—Artemisia ludoviciana lanceolatus (Scribn. and J.G. Smith) Gould Person. Any individual, partnership, Nutt. subsp. lanceolatus corporation, company, society, Sainfoin—Onobrychis viciifolia Scop. Wheatgrass, tall—Elytrigia elongata (Host) association, receiver, trustee, or other Saltbush, fourwing—Atriplex canescens Nevski legal entity or organized group. (Pursh) Nutt. Wheatgrass, western—Pascopyrum smithii Port of first arrival. The land area Sesame—Sesamum indicum L. (Rydb.) A. Love (such as a seaport, airport, or land Sesbania—Sesbania exaltata (Raf.) A.W. Hill Wildrye, basin—Leymus cinereus (Scribn. Smilo—Piptatherum miliaceum (L.) Coss. border station) where a person, or a and Merr.) A. Love land, water, or air vehicle, first arrives Sorghum—Sorghum bicolor (L.) Moench Wildrye, Canada—Elymus canadensis L. Sorghum almum—Sorghum x almum L. Wildrye, Russian—Psathyrostachys juncea after entering the territorial limits of the Parodi (Fisch.) Nevski United States, and where inspection of Sorghum-sudangrass—Sorghum x Zoysia japonica—(see Japanese lawngrass) articles is carried out by APHIS drummondii (Steud.) Millsp. and Chase Zoysia matrella—(see Manilagrass) inspectors. Sorgrass—Rhizomatous derivatives of a Animal and Plant Health Inspection Registered seed technologist. A johnsongrass x sorghum cross or a registered member of the Society of johnsongrass x sudangrass cross Service (APHIS). The Animal and Plant Southernpea—(See Cowpea) Health Inspection Service of the U.S. Commercial Seed Technologists. Sourclover—Melilotus indicus (L.) All. Department of Agriculture. Screenings. Chaff, sterile florets, Soybean—Glycine max (L.) Merr. APHIS inspector. Any employee of immature seed, weed seed, inert matter, Spelt—Triticum spelta L. the Animal and Plant Health Inspection and any other materials removed in any Sudangrass—Sorghum x drummondii Service or any other individual way from any seeds in any kind of (Steud.) Millsp. and Chase cleaning or processing and which Sunflower—Helianthus annuus L. authorized by the Administrator to enforce this part. contains less than 25 percent of live Sweetclover, white—Melilotus albus Medik. agricultural or vegetable seeds. Sweetclover, yellow—Melilotus officinalis Coated Seed. Any seed unit covered Lam. with any substance that changes the State. Any State, the District of Sweet vernalgrass—Anthoxanthum size, shape, or weight of the original Columbia, American Samoa, Guam, the odoratum L. seed. Seeds coated with ingredients Northern Mariana Islands, Puerto Rico, Sweetvetch, northern—Hedysarum boreale such as, but not limited to, rhizobia, the Virgin Islands of the United States, Nutt. dyes, and pesticides are excluded. and any other territory or possession of Switchgrass—Panicum virgatum L. Declaration. A written statement of a the United States. Timothy—Phleum pratense L. grower, shipper, processor, dealer, or United States. All of the States. Timothy, turf—Phleum bertolonii DC. Variety. A subdivision of a kind Tobacco—Nicotiana tabacum L. importer giving for any lot of seed the Trefoil, big—Lotus uliginosus Schk. kind, variety, type, origin, or the use for which is characterized by growth, plant, Trefoil, birdsfoot—Lotus corniculatus L. which the seed is intended. fruit, seed, or other characteristics by Triticale—x Triticosecale Wittm. (Secale x Hybrid. When applied to kinds or which it can be differentiated from other Triticum) varieties of seed means the first sorts of the same kind. 48462 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Rules and Regulations

Vegetable seed. The seed of the Mustard, spinach—Brassica perviridis accompanied by a declaration from the following kinds and varieties that are or (Bailey) Bailey importer of the seed or screenings. The may be grown in gardens or on truck Okra—Abelmoschus esculentus (L.) Moench declaration must state the kind, variety, farms and are or may be generally Onion—Allium cepa L. and origin of each lot of seed or Onion, Welsh—Allium fistulosum L. known and sold under the name of Pak-choi—Brassica rapa L. subsp. chinensis screenings and the use for which the vegetable seed: (L.) Hanelt seed or screenings are being imported. Artichoke—Cynara cardunculus L. subsp. Parsley—Petroselinum crispum (Mill.) A.W. (b) Each container of agricultural seed cardunculus Hill and vegetable seed imported into the Asparagus—Asparagus officinalis Baker Parsnip—Pastinaca sativa L. United States for seeding (planting) Asparagusbean or yard-long bean—Vigna Pea—Pisum sativum L. purposes must be labeled to indicate the unguiculata (L.) Walp. subsp. Pepper—Capsicum spp. identification code or designation for sesquipedalis (L.) Verdc. Pe-tsai—(see Chinese cabbage). the lot of seed; the name of each kind Bean, garden—Phaseolus vulgaris L. Pumpkin—Cucurbita pepo L., C. moschata or kind and variety of agricultural seed (Duchesne) Poiret, and C. maxima Bean, lima—Phaseolus lunatus L. or the name of each kind and variety of Bean, runner or scarlet runner—Phaseolus Duchesne coccineus L. Radish—Raphanus sativus L. vegetable seed present in the lot in Beet—Beta vulgaris L. subsp. vulgaris Rhubarb—Rheum rhabarbarum L. excess of 5 percent of the whole; and the Broadbean—Vicia faba L. Rutabaga—Brassica napus L. var. designation ‘‘hybrid’’ when the lot Broccoli—Brassica oleracea L. var. botrytis L. napobrassica (L.) Reichb. contains hybrid seed. Kind and variety Brussels sprouts—Brassica oleracea L. var. Sage—Salvia officinalis L. names used on the label shall conform gemmifera DC. Salsify—Tragopogon porrifolius L. to the kind and variety names used in Burdock, great—Arctium lappa L. Savory, summer—Satureja hortensis L. the definitions of ‘‘agricultural seed’’ Sorrel—Rumex acetosa L. Cabbage—Brassica oleracea L. var. capitata and ‘‘vegetable seed’’ in § 361.1. If any L. Southernpea—(see Cowpea). Cabbage, Chinese—Brassica rapa L. subsp. Soybean—Glycine max (L.) Merr. seed in the lot has been treated, each pekinensis (Lour.) Hanelt Spinach—Spinacia oleracea L. container must be further labeled, in Cabbage, tronchuda—Brassica oleracea L. Spinach, New Zealand—Tetragonia type no smaller than 8 point, as follows: var. costata DC. tetragonioides (Pall.) Ktze. (1) The label must indicate that the Cantaloupe—(see Melon) Squash—Cucurbita pepo L., C. moschata seed has been treated and provide the Cardoon—Cynara cardunculus L. subsp. (Duchesne) Poiret, and C. maxima name of the substance or process used cardunculus Duchesne to treat the seed. Substance names used Carrot—Daucus carota L. subsp. sativus Tomato—Lycopersicon esculentum Mill. on the label shall be the commonly (Hoffm.) Arcang. Tomato, husk—Physalis pubescens L. accepted coined, chemical (generic), or Cauliflower—Brassica oleracea L. var. Turnip—Brassica rapa L. subsp. rapa botrytis L. Watermelon—Citrullus lanatus (Thunb.) abbreviated chemical name. Celeriac—Apium graveolens L. var. Matsum. and Nakai var. lanatus (i) Commonly accepted coined names rapaceum (Mill.) Gaud. are commonly recognized as names of Celery—Apium graveolens L. var. dulce § 361.2 General restrictions on the particular substances, e.g., thiram, (Mill.) Pers. importation of seed and screenings. captan, lindane, and dichlone. Chard, Swiss—Beta vulgaris L. subsp. cicla (a) No person shall import any (ii) Examples of commonly accepted (L.) Koch agricultural seed, vegetable seed, or chemical (generic) names are blue-stone, Chicory—Cichorium intybus L. screenings into the United States unless calcium carbonate, cuprous oxide, zinc Chives—Allium schoenoprasum L. the importation is in compliance with hydroxide, hexachlorobenzene, and Citron—Citrullus lanatus (Thunb.) Matsum. this part. ethyl mercury acetate. The terms and Nakai var. citroides (Bailey) Mansf. (b) Any agricultural seed, vegetable Collards—Brassica oleracea L. var. acephala ‘‘mercury’’ or ‘‘mercurial’’ may be used DC. seed, or screenings imported into the in labeling all types of mercurials. Corn, sweet—Zea mays L. United States not in compliance with (iii) Examples of commonly accepted Cornsalad—Valerianella locusta (L.) this part shall be subject to exportation, abbreviated chemical names are BHC Laterrade destruction, disposal, or any remedial (1,2,3,4,5,6-Hexachlorocyclohexane) Cowpea—Vigna unguiculata (L.) Walp. measures that the Administrator and DDT (dichloro diphenyl subsp. unguiculata determines are necessary to prevent the trichloroethane). Cress, garden—Lepidium sativum L. dissemination into the United States of (2) If the seed has been treated with Cress, upland—Barbarea verna (Mill.) Asch. noxious weeds. a mercurial or similarly toxic substance Cress, water—Rorippa nasturtium-aquaticum (c) Except as provided in § 361.7(b), harmful to humans and vertebrate (L.) Hayek coated or pelleted seed may enter the animals, the label must include a Cucumber—Cucumis sativus L. Dandelion—Taraxacum officinale Wigg. United States only if each lot of seed is representation of a skull and crossbones Dill—Anethum graveolens L. accompanied by an officially drawn and and a statement indicating that the seed Eggplant—Solanum melongena L. sealed sample of seed drawn from the has been treated with poison. The skull Endive—Cichorium endivia L. lot before the seed was coated or and crossbones must be at least twice Gherkin, West India—Cucumis anguria L. pelleted. The sample must be drawn in the size of the type used for the Kale—Brassica oleracea L. var. acephala DC. a manner consistent with that described information provided on the label, and Kale, Chinese—Brassica oleracea L. var. in § 361.5 of this part. the poison warning statement must be alboglabra (Bailey) Musil (d) Except as provided in written in red letters on a background of Kale, Siberian—Brassica napus L. var. §§ 361.4(a)(3) and 361.7(c), screenings of distinctly contrasting color. Mercurials pabularia (DC.) Reichb. Kohlrabi—Brassica oleracea L. var. all agricultural seed and vegetable seed and similarly toxic substances include gongylodes L. are prohibited entry into the United the following: Leek—Allium porrum L. States. Aldrin, technical Lettuce—Lactuca sativa L. § 361.3 Declarations and labeling. Demeton Melon—Cucumis melo L. Dieldrin Muskmelon—(see Melon). (a) All lots of agricultural seed, p-Dimethylaminobenzenediazo sodium Mustard, India—Brassica juncea (L.) Czernj. vegetable seed, and screenings imported sulfonate and Coss. into the United States must be Endrin Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Rules and Regulations 48463

Ethion § 361.4 Inspection at the port of first (b) Except as provided in Heptachlor arrival. §§ 361.5(a)(2) and 361.7, samples will be Mercurials, all types (a) All agricultural seed, vegetable taken from all agricultural seed and Parathion seed, and screenings imported into the vegetable seed imported into the United Phorate Toxaphene United States shall be made available States for seeding (planting) purposes O-O-Diethyl-O-(isopropyl-4-methyl-6- for examination by an APHIS inspector prior to being released into the pyrimidyl) thiophosphate at the port of first arrival and shall commerce of the United States. O,O-Diethyl-S-2-(ethylthio) ethyl remain at the port of first arrival until (1) Samples of seed will be taken from phosphorodithioate released by an APHIS inspector. Lots of each lot of seed in accordance with (3) If the seed has been treated with agricultural seed, vegetable seed, or § 361.5 to determine whether any seeds a substance other than one classified as screenings may enter the United States of noxious weeds listed in § 361.6(a) are a mercurial or similarly toxic substance without meeting the sampling present. If seeds of noxious weeds are under paragraph (b)(2) of this section, requirements of paragraph (b) of this present at a level higher than the and the amount remaining with the seed section if the lot is: tolerances set forth in § 361.6(b), the lot is harmful to humans or other vertebrate (1) Seed that is not being imported for of seed will be deemed to be adulterated animals, the label must indicate that the seeding (planting) purposes and the and will be rejected for entry into the seed is not to be used for food, feed, or declaration required by § 361.3(a) states United States for seeding (planting) oil purposes. Any amount of any the purpose for which the seed is being purposes. Once deemed adulterated, the substance used to treat the seed that imported; lot of seed must be: (i) Exported from the United States; remains with the seed will be (2) Seed that is being shipped in bond (ii) Destroyed under the monitoring of considered harmful when the seed is in through the United States; an APHIS inspector; containers of more than 4 ounces, (3) Screenings from seeds of wheat, oats, barley, rye, buckwheat, field corn, (iii) Cleaned under APHIS monitoring except that the following substances at a seed-cleaning facility that is will not be deemed harmful when sorghum, broomcorn, flax, millet, proso, soybeans, cowpeas, field peas, or field operated in accordance with § 361.8(a); present at a rate less than the number of or parts per million (p/m) indicated: beans that are not being imported for seeding (planting) purposes and the (iv) If the lot of seed is adulterated Allethrin—2 p/m declaration accompanying the with the seeds of a noxious weed listed Malathion—8 p/m screenings as required under § 361.2(a) in § 361.6(a)(2), the seed may be allowed Methoxyclor—2 p/m entry into the United States for feeding Piperonyl butoxide—20 p/m (8 p/m on oat indicates that the screenings are being imported for processing or or manufacturing purposes, provided and sorghum) the importer withdraws the original Pyrethrins—3 p/m (1 p/m on oat and manufacturing purposes; sorghum) (4) Seed that is being imported for declaration and files a new declaration stating that the seed is being imported (c) In the case of seed in bulk, the sowing for experimental or breeding purposes, is not for sale, is limited in for feeding or manufacturing purposes information required under paragraph and that no part of the seed will be used (b) of this section shall appear in the quantity to the amount indicated in column 3 of table 1 of § 361.5, and is for seeding (planting) purposes. invoice or other records accompanying (2) Seed deemed adulterated may not accompanied by a declaration stating and pertaining to such seed. If the seed be mixed with any other seed unless the the purpose for which it is being is in containers and in quantities of Administrator determines that two or imported (seed imported for increase 20,000 pounds or more, regardless of the more lots of seed deemed adulterated purposes only will not be considered as number of lots included, the are of substantially the same quality and being imported for experimental or information required on each container origin. In such cases, the Administrator breeding purposes); or under paragraph (b) of this section need may allow the adulterated lots of seed (5) Seed that was grown in the United not be shown on each container if each to be mixed for cleaning as provided in States, exported, and is now returning to container has stenciled upon it or bears paragraph (b)(1)(iii) of this section. the United States, provided that the a label containing a lot designation and (3) If the labeling of a lot of seed is person importing the seed into the the invoice or other records false or misleading in any respect, the United States furnishes APHIS with the accompanying and pertaining to such seed will be rejected for entry into the following documentation: seed bear the various statements United States. A falsely labeled lot of required for the respective seeds. (i) Export documents indicating the seed must be: (d) Each container of agricultural seed quantity of seed and number of (i) Exported from the United States; and vegetable seed imported into the containers, the date of exportation from (ii) Destroyed under the monitoring of United States for cleaning need not be the United States, the distinguishing an APHIS inspector; or labeled to show the information marks on the containers at the time of (iii) The seed may be allowed entry required under paragraph (b) of this exportation, and the name and address into the United States if the labeling is section if: of the United States exporter; corrected under the monitoring of an (1) The seed is in bulk; (ii) A document issued by a Customs APHIS inspector to accurately reflect (2) The seed is in containers and in or other government official of the the character of the lot of seed. quantities of 20,000 pounds or more, country to which the seed was exported regardless of the number of lots indicating that the seed was not § 361.5 Sampling of seeds. involved, and the invoice or other admitted into the commerce of that (a) Sample sizes. As provided in records accompanying and pertaining to country; and § 361.4(b), samples of seed will be taken the seed show that the seed is for (iii) A document issued by a Customs from each lot of seed being imported for cleaning; or or other government official of the seeding (planting) purposes to (3) The seed is in containers and in country to which the seed was exported determine whether any seeds of noxious quantities of less than 20,000 pounds, indicating that the seed was not weeds listed in § 361.6(a) are present. and each container carries a label that commingled with other seed after being The samples shall be drawn in the bears the words ‘‘Seed for cleaning.’’ exported to that country. manner described in paragraphs (b) and 48464 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Rules and Regulations

(c) of this section. Unused portions of section. If the lot of seed is a mixture, (A) Multiply the percentage of each samples of rare or expensive seeds will the following methods shall be used to component of the mixture (rounded off be returned by APHIS upon request of determine the weight of the working to the nearest whole number) by the the importer. sample: sample sizes shown in column 1 of table (1) A minimum sample of not less (i) If the lot of seed is a mixture 1 of this section; than 1 quart shall be drawn from each consisting of one predominant kind of (B) add all these products; lot of agricultural seed; a minimum seed or a group of kinds of similar size, (C) total the percentages of all sample of not less than 1 pint shall be the weight of the working sample shall components of the mixtures; and drawn from each lot of vegetable seed, be the weight shown in column 1 of (D) divide the sum in paragraph except that a sample of 1⁄4 pint will be table 1 of this section for the kind or sufficient for a vegetable seed (a)(1)(ii)(B) of this section by the total in importation of 5 pounds or less. The group of kinds that comprises more than paragraph (a)(1)(ii)(C) of this section. minimum sample shall be divided 50 percent of the sample. (2) It is not ordinarily practical to repeatedly until a working sample of (ii) If the lot of seed is a mixture sample and test small lots of seed proper weight has been obtained. If a consisting of two or more kinds or offered for entry. The maximum sizes of mechanical divider cannot be used or is groups of kinds of different sizes, none lots of each kind of seed not ordinarily not available, the sample shall be of which comprises over 50 percent of sampled are shown in column 2 of table thoroughly mixed, then placed in a pile; the sample, the weight of the working 1 of this section. the pile shall be divided repeatedly into sample shall be the weighted average (to (3) The maximum sizes of lots of each halves until a working sample of the the nearest half gram) of the weight kind of seed allowed entry without proper weight remains. The weights of shown in column 1 of table 1 of this sampling for sowing for experimental or the working samples for noxious weed section for each of the kinds that breeding purposes as provided in examination for each lot of seed are comprise the sample, as determined by § 361.4(a)(4) are shown in column 3 of shown in column 1 of table 1 of this the following method: table 1 of this section.

TABLE 1

Maximum weight of seed lot per- Working weight Maximum weight mitted entry for Name of seed for noxious weed of seed lot not or- experimental or examination dinarily sampled breeding purposes (grams) (pounds) without sampling (pounds)

(1) (2) (3)

VEGETABLE SEED: Artichoke ...... 500 25 50 Asparagus ...... 500 25 50 Asparagusbean ...... 500 25 50 Bean ...... 25 200 Garden ...... 500 100 500 Lima ...... 500 25 200 Runner ...... 500 25 200 Beet ...... 300 25 50 Broadbean ...... 500 25 200 Broccoli ...... 50 5 10 Brussels sprouts ...... 50 5 10 Burdock, great ...... 150 10 50 Cabbage ...... 50 5 10 Cabbage, Chinese ...... 50 5 10 Cabbage, tronchuda ...... 100 5 10 Cantaloupe (see Melon) ...... Cardoon ...... 500 25 50 Carrot ...... 50 5 10 Cauliflower ...... 50 5 10 Celeriac ...... 25 5 10 Celery ...... 25 5 10 Chard, Swiss ...... 300 25 50 Chicory ...... 50 5 10 Chives ...... 50 5 10 Citron ...... 500 25 50 Collards ...... 50 5 10 Corn, sweet ...... 500 25 200 Cornsalad ...... 50 5 10 Cowpea ...... 500 25 200 Cress, garden ...... 50 5 10 Cress, upland ...... 35 5 10 Cress, water ...... 25 5 10 Cucumber ...... 500 25 50 Dandelion ...... 35 5 10 Dill ...... 50 5 10 Eggplant ...... 50 5 10 Endive ...... 50 5 10 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Rules and Regulations 48465

TABLE 1ÐContinued

Maximum weight of seed lot per- Working weight Maximum weight mitted entry for Name of seed for noxious weed of seed lot not or- experimental or examination dinarily sampled breeding purposes (grams) (pounds) without sampling (pounds)

(1) (2) (3)

Gherkin, West India ...... 160 25 50 Kale ...... 50 5 10 Kale, Chinese ...... 50 5 10 Kale, Siberian ...... 80 5 10 Kohlrabi ...... 50 5 10 Leek ...... 50 5 10 Lettuce ...... 50 5 10 Melon ...... 500 25 50 Mustard, India ...... 50 25 100 Mustard, spinach ...... 50 5 10 Okra ...... 500 25 50 Onion ...... 50 5 10 Onion, Welsh ...... 50 5 10 Pak-choi ...... 50 5 10 Parsley ...... 50 5 10 Parsnip ...... 50 5 10 Pea ...... 500 25 200 Pepper ...... 150 5 10 . Pumpkin ...... 500 25 50 Radish ...... 300 25 50 Rhubarb ...... 300 5 10 Rutabaga ...... 50 5 10 Sage ...... 150 25 50 Salsify ...... 300 25 50 Savory, summer ...... 35 5 10 Sorrel ...... 35 5 10 Soybean ...... 500 25 200 Spinach ...... 150 25 50 Spinach, New Zealand ...... 500 25 50 Squash ...... 500 25 50 Tomato ...... 50 5 10 Tomato, husk ...... 35 5 10 Turnip ...... 50 5 10 Watermelon ...... 500 25 50 AGRICULTURAL SEED: Agrotricum ...... 500 100 500 Alfalfa ...... 50 25 100 Alfilaria ...... 50 25 100 Alyceclover ...... 50 25 100 Bahiagrass ...... 50 25 100 Barrelclover ...... 100 25 100 Barley ...... 500 100 500 Bean, adzuki ...... 500 100 500 Bean, field ...... 500 100 500 Bean, mung ...... 500 100 500 Bean (see Velvetbean) ...... Beet, field ...... 500 100 500 Beet, sugar ...... 500 100 1,000 Beggarweed ...... 50 25 100 Bentgrass, colonial ...... 2.5 25 100 Bentgrass, creeping ...... 2.5 25 100 Bentgrass, velvet ...... 2.5 25 100 Bermudagrass ...... 10 25 100 Bermudagrass, giant ...... 10 25 100 Bluegrass, annual ...... 10 25 100 Bluegrass, bulbous ...... 40 25 100 Bluegrass, Canada ...... 5 25 100 Bluegrass, glaucantha ...... 10 25 100 Bluegrass, Kentucky ...... 10 25 100 Bluegrass, Nevada ...... 10 25 100 Bluegrass, rough ...... 5 25 100 Bluegrass, Texas ...... 10 25 100 Bluegrass, wood ...... 5 25 100 Bluejoint ...... 5 25 100 48466 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Rules and Regulations

TABLE 1ÐContinued

Maximum weight of seed lot per- Working weight Maximum weight mitted entry for Name of seed for noxious weed of seed lot not or- experimental or examination dinarily sampled breeding purposes (grams) (pounds) without sampling (pounds)

(1) (2) (3)

Bluestem, big ...... 70 25 100 Bluestem, little ...... 50 25 100 Bluestem, sand ...... 100 25 100 Bluestem, yellow ...... 10 25 100 Bottlebrush-squirreltail ...... 90 25 100 Brome, field ...... 50 25 100 Brome, meadow ...... 130 25 100 Brome, mountain ...... 200 25 100 Brome, smooth ...... 70 25 100 Broomcorn ...... 400 100 500 Buckwheat ...... 500 100 500 Buffalograss: (Burs) ...... 200 25 100 (Caryopses) ...... 30 25 100 Buffelgrass: (Fascicles) ...... 66 25 100 (Caryopses) ...... 20 25 100 Burclover, California: (In bur) ...... 500 100 500 (Out of bur) ...... 70 25 100 Burclover, spotted: (In bur) ...... 500 100 500 (Out of bur) ...... 50 25 100 Burnet, little ...... 250 25 100 Buttonclover ...... 70 25 100 Canarygrass ...... 200 25 100 Canarygrass, reed ...... 20 25 100 Carpetgrass ...... 10 25 100 Castorbean ...... 500 100 500 Chess, soft ...... 50 25 100 Chickpea ...... 500 100 500 Clover, alsike ...... 20 25 100 Clover, arrowleaf ...... 40 25 100 Clover, berseem ...... 50 25 100 Clover, cluster ...... 10 25 100 Clover, crimson ...... 100 25 100 Clover, Kenya ...... 20 25 100 Clover, Ladino ...... 20 25 100 Clover, Lappa ...... 20 25 100 Clover, large hop ...... 10 25 100 Clover, Persian ...... 20 25 100 Clover, red ...... 50 25 100 Clover, rose ...... 70 25 100 Clover, small hop (suckling) ...... 20 25 100 Clover, strawberry ...... 50 25 100 Clover, sub (subterranean) ...... 250 25 100 Clover, white ...... 20 25 100 Corn, field ...... 500 100 1,000 Corn, pop ...... 500 100 1,000 Cotton ...... 500 100 500 Cowpea ...... 500 100 500 Crambe ...... 250 25 100 Crested dogtail ...... 20 25 100 Crotalaria, lance ...... 70 25 100 Crotalaria, showy ...... 250 25 100 Crotalaria, slenderleaf ...... 100 25 100 Crotalaria, striped ...... 100 25 100 Crotalaria, Sunn ...... 500 25 100 Crownvetch ...... 100 25 100 Dallisgrass ...... 40 25 100 Dichondra ...... 50 25 100 Dropseed, sand ...... 2.5 25 100 Emmer ...... 500 100 500 Fescue, Chewings ...... 30 25 100 Fescue, hair ...... 10 25 100 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Rules and Regulations 48467

TABLE 1ÐContinued

Maximum weight of seed lot per- Working weight Maximum weight mitted entry for Name of seed for noxious weed of seed lot not or- experimental or examination dinarily sampled breeding purposes (grams) (pounds) without sampling (pounds)

(1) (2) (3)

Fescue, hard ...... 20 25 100 Fescue, meadow ...... 50 25 100 Fescue, red ...... 30 25 100 Fescue, sheep ...... 20 25 100 Fescue, tall ...... 50 25 100 Flax ...... 150 25 100 Galletagrass: (Other than caryopses) ...... 100 25 100 (Caryopses) ...... 50 25 100 Grama, blue ...... 20 25 100 Grama, side-oats: (Other than caryopses) ...... 60 25 100 (Caryopses) ...... 20 25 100 Guar ...... 500 25 100 Guineagrass ...... 20 25 100 Hardinggrass ...... 30 25 100 Hemp ...... 500 100 500 Indiangrass, yellow ...... 70 25 100 Indigo, hairy ...... 70 25 100 Japanese lawngrass ...... 20 25 100 Johnsongrass ...... 100 25 100 Kenaf ...... 500 100 500 Kochia, forage ...... 20 25 100 Kudzu ...... 250 25 100 Lentil ...... 500 25 100 Lespedeza, Korean ...... 50 25 100 Lespedeza, sericea or Chinese ...... 30 25 100 Lespedeza, Siberian ...... 30 25 100 Lespedeza, striate ...... 50 25 100 Lovegrass, sand ...... 10 25 100 Lovegrass, weeping ...... 10 25 100 Lupine, blue ...... 500 100 500 Lupine, white ...... 500 100 500 Lupine, yellow ...... 500 100 500 Manilagrass ...... 20 25 100 Meadow foxtail ...... 30 25 100 Medick, black ...... 50 25 100 Milkvetch ...... 90 25 100 Millet, browntop ...... 80 25 100 Millet, foxtail ...... 50 25 100 Millet, Japanese ...... 90 25 100 Millet, pearl ...... 150 25 100 Millet, proso ...... 150 25 100 Molassesgrass ...... 5 25 100 Mustard, black ...... 20 25 100 Mustard, India ...... 50 25 100 Mustard, white ...... 150 25 100 Napiergrass ...... 50 25 100 Needlegrass, green ...... 70 25 100 Oat ...... 500 100 500 Oatgrass, tall ...... 60 25 100 Orchardgrass ...... 30 25 100 Panicgrass, blue ...... 20 25 100 Panicgrass, green ...... 20 25 100 Pea, field ...... 500 100 500 Peanut ...... 500 100 500 Poa trivialis (see bluegrass, rough) Rape, annual ...... 70 25 100 Rape, bird ...... 70 25 100 Rape, turnip ...... 50 25 100 Rape, winter ...... 100 25 100 Redtop ...... 2.5 25 100 Rescuegrass ...... 200 25 100 Rhodesgrass ...... 10 25 100 Rice ...... 500 100 500 48468 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Rules and Regulations

TABLE 1ÐContinued

Maximum weight of seed lot per- Working weight Maximum weight mitted entry for Name of seed for noxious weed of seed lot not or- experimental or examination dinarily sampled breeding purposes (grams) (pounds) without sampling (pounds)

(1) (2) (3)

Ricegrass, Indian ...... 70 25 100 Roughpea ...... 500 100 500 Rye ...... 500 100 500 Rye, mountain ...... 280 25 100 Ryegrass, annual ...... 50 25 100 Ryegrass, intermediate ...... 80 25 100 Ryegrass, perennial ...... 50 25 100 Ryegrass, Wimmera ...... 50 25 100 Safflower ...... 500 100 500 Sagewort, Louisiana ...... 5 25 100 Sainfoin ...... 500 100 500 Saltbush, fourwing ...... 150 25 100 Seasame ...... 70 25 100 Sesbania ...... 250 25 100 Smilo ...... 20 25 100 Sorghum ...... 500 100 1,000 Sorghum almum ...... 150 25 100 Sorghum-sudangrass hybrid ...... 500 100 1,000 Sorgrass ...... 150 25 100 Sourclover ...... 50 25 100 Soybean ...... 500 100 500 Spelt ...... 500 100 500 Sudangrass ...... 250 25 100 Sunflower ...... 500 100 500 Sweetclover, white ...... 50 25 100 Sweetclover, yellow ...... 50 25 100 Sweet vernalgrass ...... 20 25 100 Sweetvetch, northern ...... 190 25 100 Switchgrass ...... 40 25 100 Timothy ...... 10 25 100 Timothy, turf ...... 10 25 100 Tobacco ...... 5 1 1 Trefoil, big ...... 20 25 100 Trefoil, birdsfoot ...... 30 25 100 Triticale ...... 500 100 500 Vaseygrass ...... 30 25 100 Veldtgrass ...... 40 25 100 Velvetbean ...... 500 100 500 Velvetgrass ...... 10 25 100 Vetch, common ...... 500 100 500 Vetch, hairy ...... 500 100 500 Vetch, Hungarian ...... 500 100 500 Vetch, Monantha ...... 500 100 500 Vetch, narrowleaf ...... 500 100 500 Vetch, purple ...... 500 100 500 Vetch, woolypod ...... 500 100 500 Wheat, common ...... 500 100 500 Wheat, club ...... 500 100 500 Wheat, durum ...... 500 100 500 Wheat, Polish ...... 500 100 500 Wheat, poulard ...... 500 100 500 Wheat x Agrotricum ...... 500 100 500 Wheatgrass, beardless ...... 80 25 100 Wheatgrass, fairway crested ...... 40 25 100 Wheatgrass, standard crested ...... 50 25 100 Wheatgrass, intermediate ...... 150 25 100 Wheatgrass, pubescent ...... 150 25 100 Wheatgrass, Siberian ...... 50 25 100 Wheatgrass, slender ...... 70 25 100 Wheatgrass, streambank ...... 50 25 100 Wheatgrass, tall ...... 150 25 100 Wheatgrass, western ...... 100 25 100 Wildrye, basin ...... 80 25 100 Wild-rye, Canada ...... 110 25 100 Wild-rye, Russian ...... 60 25 100 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Rules and Regulations 48469

TABLE 1ÐContinued

Maximum weight of seed lot per- Working weight Maximum weight mitted entry for Name of seed for noxious weed of seed lot not or- experimental or examination dinarily sampled breeding purposes (grams) (pounds) without sampling (pounds)

(1) (2) (3)

Zoysia Japonica (see Japanese lawngrass) Zoysia matrella (see Manilagrass)

(b) Method of sampling. (1) When an fingers held closely together while the intact and not tampered with in any importation consists of more than one hand is being inserted and the portion way, or removed from the containers lot, each lot shall be sampled separately. withdrawn. When more than one except under the monitoring of an (2) For lots of six or fewer bags, each handful is taken from a bag, the APHIS inspector; and bag shall be sampled. A total of at least handfuls shall be taken from well- (4) The owner or consignee must keep five trierfuls shall be taken from the lot. separated points. APHIS informed as to the location of the (3) For lots of more than six bags, five (3) When more than one sample is seed until it is finally entered into the bags plus at least 10 percent of the drawn from a single lot, the samples commerce of the United States. number of bags in the lot shall be may be combined into a composite sampled. (Round off numbers with sample unless it appears that the § 361.6 Noxious weed seeds. decimals to the nearest whole number, quantity of seed represented as a lot is (a) Seeds of the plants listed in raising 0.5 to the next whole number.) not of uniform quality, in which case paragraphs (a)(1) and (a)(2) of this Regardless of the lot size, it is not the separate samples shall be forwarded section shall be considered noxious necessary to sample more than 30 bags. together, but without being combined weed seeds. (4) When the lot of seed to be sampled into a composite sample. (1) Seeds with no tolerances is comprised of seed in small containers (d) In most cases, samples will be applicable to their introduction: that cannot practically be sampled as drawn and examined by an APHIS described in paragraph (b)(2) or (b)(3) of inspector at the port of first arrival. The Aeginetia spp. this section, entire unopened containers APHIS inspector may release a Ageratina adenophora (Sprengel) King & may be taken in sufficient number to shipment if no contaminants are found Robinson Alectra spp. supply a sample that meets the and the labeling is sufficient. If Alternanthera sessilis (L.) R. Brown ex de minimum size requirements of contaminants are found or the labeling Candolle paragraph (a)(1) of this section. of the seed is insufficient, the APHIS Asphodelus fistulosus L. (c) Drawing samples. Samples will not inspector may forward the sample to the Avena sterilis L. (including Avena be drawn unless each container is USDA Seed Examination Facility (SEF), ludoviciana Durieu) labeled to show the lot designation and Beltsville, MD, for analysis, testing, or Azolla pinnata R. Brown the name of the kind and variety of each examination. APHIS will notify the Borreria alata (Aublet) de Candolle agricultural seed, or kind and variety of owner or consignee of the seed that Carthamus oxyacantha M. Bieberstein each vegetable seed, appearing on the samples have been drawn and Chrysopogon aciculatus (Retzius) Trinius invoice and other entry papers, and a Commelina benghalensis L. forwarded to the SEF and that the Crupina vulgaris Cassini declaration has been filed by the shipment must be held intact pending a Cuscuta spp. importer as required under § 361.2(a). In decision by APHIS as to whether the Digitaria abyssinica (=D. scalarum) order to secure a representative sample, seed is within the noxious weed seed Digitaria velutina (Forsskal) Palisot de an APHIS inspector will draw equal tolerances of § 361.6 and is accurately Beauvois portions from evenly distributed parts of labeled. If the decision pending is with Drymaria arenarioides Humboldt & the quantity of seed to be sampled; the regard to the noxious weed seed content Bonpland ex Roemer & Schultes APHIS inspector, therefore, must be of the seed and the seed has been Eichhornia azurea (Swartz) Kunth given access to all parts of that quantity. determined to be accurately labeled, the Emex australis Steinheil Emex spinosa (L.) Campdera (1) For free-flowing seed in bags or in seed may be released for delivery to the bulk, a probe or trier shall be used. For Galega officinalis L. owner or consignee under the following Heracleum mantegazzianum Sommier & small free-flowing seed in bags, a probe conditions: Levier or trier long enough to sample all (1) The owner or consignee executes Hydrilla verticillata (Linnaeus f.) Royle portions of the bag shall be used. When with Customs either a Customs single- Hygrophila polysperma T. Anderson drawing more than one trierful of seed entry bond or a Customs term bond, as Imperata brasiliensis Trinius from a bag, a different path through the appropriate, in such amount as is Imperata cylindrica (L.) Raeuschel seed shall be used when drawing each prescribed by applicable Customs Ipomoea aquatica Forsskal sample. regulations; Ipomoea triloba L. (2) For non-free-flowing seed in bags (2) The bond must contain a condition Ischaemum rugosum Salisbury or bulk that may be difficult to sample for the redelivery of the seed or any part Lagarosiphon major (Ridley) Moss Leptochloa chinensis (L.) Nees with a probe or trier, samples shall be thereof upon demand of the Port Limnophila sessiliflora (Vahl) Blume obtained by thrusting one’s hand into Director of Customs at any time; Lycium ferocissimum Miers the seed and withdrawing (3) Until the seed is approved for Melaleuca quinquenervia (Cav.) Blake representative portions. The hand shall entry upon completion of APHIS’ Melastoma malabathricum L. be inserted in an open position with the examination, the seed must be kept Mikania cordata (Burman f.) B. L. Robinson 48470 Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Rules and Regulations

Mikania micrantha Humboldt, Bonpland, & Convolvulus arvensis L. ashy gray to creamy white in color are Kunth Cirsium arvense (L.) Scop. inert matter. Dodder seeds should be Mimosa invisa Martius Elytrigia repens (L.) Desv. (=Agropyron sectioned when necessary to determine Mimosa pigra L. var. pigra repens (L.) Beauv.) if an embryo is present, as when the Monochoria hastata (L.) Solms-Laubach Euphorbia esula L. seeds have a normal color but are Monochoria vaginalis (Burman f.) C. Presl Sonchus arvensis L. Nassella trichotoma (Nees) Hackel ex Sorghum halepense (L.) Pers. slightly swollen, dimpled, or have Arechavaleta minute holes. Opuntia aurantiaca Lindley (b) The tolerance applicable to the § 361.7 Special provisions for Canadian- Orobanche spp. prohibition of the noxious weed seeds origin seed and screenings. Oryza longistaminata A. Chevalier & listed in paragraph (a)(2) of this section Roehrich shall be two seeds in the minimum (a) In addition to meeting the Oryza punctata Kotschy ex Steudel amount required to be examined as declaration and labeling requirements of Oryza rufipogon Griffith shown in column 1 of table 1 of § 361.5. § 361.2 and all other applicable Ottelia alismoides (L.) Pers. If fewer than two seeds are found in an provisions of this part, all Canadian- Paspalum scrobiculatum L. initial examination, the shipment from origin agricultural seed and Canadian- Pennisetum clandestinum Hochstetter ex which the sample was drawn may be origin vegetable seed imported into the Chiovenda United States from Canada for seeding Pennisetum macrourum Trinius entered. If two seeds are found in an Pennisetum pedicellatum Trinius initial examination, a second sample (planting) purposes or cleaning must be Pennisetum polystachion (L.) Schultes must be examined. If two or fewer seeds accompanied by a certificate of analysis Prosopis alapataco R. A. Philippi are found in the second examination, issued by the Canadian Food Inspection Prosopis argentina Burkart the shipment from which the samples Agency or by a private seed laboratory Prosopis articulata S. Watson were drawn may be entered. If three or accredited by the Canadian Food Prosopis burkartii Munoz more seeds are found in the second Inspection Agency. Samples of seed Prosopis caldenia Burkart examination, the shipment from which shall be drawn using sampling methods Prosopis calingastana Burkart comparable to those detailed in § 361.5 Prosopis campestris Grisebach the samples were drawn may not be Prosopis castellanosii Burkart entered. If three or more seeds are found of this part. The seed analyst who Prosopis denudans Bentham in an initial examination, the shipment examines the seed at the laboratory Prosopis elata (Burkart) Burkart from which the sample was drawn may must be accredited to analyze the kind Prosopis farcta (Solander ex Russell) not be entered. of seed covered by the certificate. Macbride (c) Any seed of any noxious weed that (1) If the seed is being imported for Prosopis ferox Grisebach can be determined by visual inspection seeding (planting) purposes, the Prosopis fiebrigii Harms (including the use of transmitted light or certificate of analysis must verify that Prosopis hassleri Harms dissection) to be within one of the the seed meets the noxious weed seed Prosopis humilis Gillies ex Hooker & Arnott following categories shall be considered tolerances of § 361.6. Such seed will not Prosopis kuntzei Harms be subject to the sampling requirements Prosopis pallida (Humboldt & Bonpland ex inert matter and not counted as a weed Willdenow) Humboldt, Bonpland, & Kunth seed: of § 361.3(b). Prosopis palmeri S. Watson (1) Damaged seed (other than grasses) (2) If the seed is being imported for Prosopis reptans Bentham var. reptans with over one half of the embryo cleaning, the certificate of analysis must Prosopis rojasiana Burkart missing; name the kinds of noxious weed seeds Prosopis ruizlealii Burkart (2) Grass florets and caryopses classed that are to be removed from the lot of Prosopis ruscifolia Grisebach as inert: seed. Seed being imported for cleaning Prosopis sericantha Gillies ex Hooker & (i) Glumes and empty florets of weedy must be consigned to a facility operated Arnott grasses; in accordance with § 361.8(a). Prosopis strombulifera (Lamarck) Bentham (ii) Damaged caryopses, including free (b) Coated or pelleted agricultural Prosopis torquata (Cavanilles ex Lagasca y caryopses, with over one-half the root- seed and coated or pelleted vegetable Segura) de Candolle seed of Canadian origin may be Rottboellia cochinchinensis (Lour.) Clayon shoot axis missing (the scutellum (=R. exaltata (L.) L. f.) excluded); imported into the United States if the Rubus fruticosus L. (complex) (iii) Immature free caryopses devoid seed was analyzed prior to being coated Rubus moluccanus L. of embryo or endosperm; or pelleted and is accompanied by a Saccharum spontaneum L. (iv) Free caryopses of quackgrass certificate of analysis issued in Sagittaria sagittifolia L. (Elytrigia repens) that are 2 mm or less accordance with paragraph (a) of this Salsola vermiculata L. in length; or section. Salvinia auriculata Aublet (v) Immature florets of quackgrass (c) Screenings otherwise prohibited Salvinia biloba Raddi (Elytrigia repens) in which the under this part may be imported from Salvinia herzogii de la Sota caryopses are less than one-third the Canada if the screenings are imported Salvinia molesta D.S. Mitchell for processing or manufacture and are Setaria pallide-fusca (Schumacher) Stapf & length of the palea. The caryopsis is Hubbard measured from the base of the rachilla. consigned to a facility operating under Solanum torvum Swartz (3) Seeds of legumes (Fabaceae) with a compliance agreement as provided by Solanum viarum Dunal the seed coats entirely removed. § 361.8(b). Sparganium erectum L. (4) Immature seed units, devoid of (Approved by the Office of Management and Striga spp. both embryo and endosperm, such as Budget under control number 0579–0124) Tridax procumbens L. occur in (but not limited to) the Urochloa panicoides Beauvois following plant families: buckwheat § 361.8 Cleaning of imported seed and (2) Seeds with tolerances applicable (Polygonaceae), morning glory processing of certain Canadian-origin to their introduction: (Convolvulaceae), nightshade screenings. Acroptilon repens (L.) DC. (=Centaurea (Solanaceae), and sunflower (a) Imported seed that is found to repens L.) (=Centaurea picris) (Asteraceae). contain noxious weed seeds at a level Cardaria draba (L.) Desv. (5) Dodder (Cuscuta spp.) seeds higher than the tolerances set forth in Cardaria pubescens (C. A. Mey.) Jarmol. devoid of embryos and seeds that are § 361.6(b) may be cleaned under the Federal Register / Vol. 62, No. 179 / Tuesday, September 16, 1997 / Rules and Regulations 48471 monitoring of an APHIS inspector. The state all of the facts and reasons upon Done in Washington, DC, this 10th day of cleaning will be at the expense of the which the person relies to show that the September 1997. owner or consignee. compliance agreement was wrongfully Terry L. Medley, (1) At the location where the seed is canceled. The Administrator shall grant Administrator, Animal and Plant Health being cleaned, the identity of the seed or deny the appeal, in writing, stating Inspection Service. must be maintained at all times to the the reasons for such decision, as [FR Doc. 97–24524 Filed 9–15–97; 8:45 am] satisfaction of the Administrator. The promptly as circumstances permit. If BILLING CODE 3410±34±P refuse from the cleaning must be placed there is a conflict as to any material fact, in containers and securely sealed and a hearing shall be held to resolve such identified. Upon completion of the conflict. Rules of practice concerning DEPARTMENT OF AGRICULTURE cleaning, a representative sample of the such a hearing will be adopted by the Natural Resources Conservation seed will be analyzed by a registered Administrator. seed technologist, an official seed Service laboratory, or by APHIS; if the seed is § 361.9 Recordkeeping. found to be within the noxious weed 7 CFR Part 633 tolerances set forth in § 361.6(b), the (a) Each person importing agricultural Water Bank Program seed may be allowed entry into the seed or vegetable seed under this part must maintain a complete record, United States; AGENCY: including copies of the declaration and Natural Resources (2) The refuse from the cleaning must Conservation Service, USDA. be destroyed under the monitoring of an labeling required under this part and a APHIS inspector at the expense of the sample of seed, for each lot of seed ACTION: Final Rule. owner or consignee of the seed. imported. Except for the seed sample, (3) Any person engaged in the which may be discarded 1 year after the SUMMARY: The Department of business of cleaning imported seed may entire lot represented by the sample has Agriculture Reorganization Act of 1994 enter into a compliance agreement been disposed of by the person who authorized the establishment of the under paragraph (c) of this section to imported the seed, the records must be Natural Resources Conservation Service facilitate the cleaning of seed imported maintained for 3 years following the (NRCS) and transferred responsibility for the Water Bank Program (WBP) from into the United States under this part. importation. (b) Any person engaged in the the Agricultural Stabilization (ASCS) (b) Each sample of vegetable seed and business of processing screenings who and Conservation Service to the NRCS, wishes to process screenings imported each sample of agricultural seed must be formerly the Soil Conservation Service from Canada under § 361.7(c) that are at least equal in weight to the sample (SCS). This final rule provides the otherwise prohibited under this part size prescribed for noxious weed seed process by which the WBP will be must enter into a compliance agreement examination in table 1 of § 361.5. administered within the NRCS. under paragraph (c) of this section. (c) An APHIS inspector shall, during DATES: Effective date: September 16, (c) A compliance agreement for the normal business hours, be allowed to 1997. cleaning of imported seed or processing inspect and copy the records. FOR FURTHER INFORMATION CONTACT: of otherwise prohibited screenings from (Approved by the Office of Management and Robert Misso (Program Manager), (202) Canada shall be a written agreement 1 Budget under control number 0579–0124) 720–3534. between a person engaged in such a business, the State in which the § 361.10 Costs and charges. SUPPLEMENTARY INFORMATION: business operates, and APHIS, wherein Executive Order 12866 the person agrees to comply with the Unless a user fee is payable under provisions of this part and any § 354.3 of this chapter, the services of an The Office of Management and Budget conditions imposed pursuant thereto. APHIS inspector during regularly (OMB) has determined that this final Any compliance agreement may be assigned hours of duty and at the usual rule is not significant. canceled orally or in writing by the places of duty will be furnished without Regulatory Flexibility Act APHIS inspector who is monitoring its cost. The U.S. Department of enforcement whenever the inspector Agriculture’s provisions relating to It has been determined that the finds that the person who entered into overtime charges for an APHIS Regulatory Flexibility Act is not the compliance agreement has failed to inspector’s services are set forth in part applicable to this rule because the NRCS comply with the provisions of this part 354 of this chapter. The U.S. is not required by 5 U.S.C. 553 or any or any conditions imposed pursuant Department of Agriculture will not be other provision of law to publish a thereto. If the cancellation is oral, the responsible for any costs or charges notice of proposed rulemaking with decision and the reasons for the incident to inspections or compliance respect to the subject matter of this rule. decision shall be confirmed in writing, with this part, other than for the Further, because this rule merely as promptly as circumstances permit. services of the APHIS inspector during reflects a statutory change in Any person whose compliance regularly assigned hours of duty and at administrative responsibility, agreement has been canceled may the usual places of duty. All expenses publication for public comment is appeal the decision to the incurred by the U.S. Department of unnecessary. Administrator, in writing, within 10 Agriculture (including travel, per diem Environmental Evaluation days after receiving written notification or subsistence, and salaries of officers or of the cancellation. The appeal shall employees of the Department) in This regulatory action, which merely connection with the monitoring of recognizes a transfer in administrative 1 Compliance Agreement forms are available cleaning, labeling, other reconditioning, responsibilities, is categorically without charge from Permit Unit, PPQ, APHIS, 4700 or destruction of seed, screenings, or excluded by 7 CFR1b.3(a)(1). Therefore, River Road Unit 136, Riverdale, MD 20737–1236, refuse under this part shall be and from local offices of the Plant Protection and neither an environmental assessment Quarantine. (Local offices are listed in telephone reimbursed by the owner or consignee nor an environmental impact statement directories). of the seed or screenings. is needed.