Agricultural Marketing Service Technology Program, AMS, USDA; 801 Agricultural and Vegetable Seed That Are Summit Crossing Place, Suite C, Subject to Regulation

4603

Proposed Rules Federal Register Vol. 85, No. 17

Monday, January 27, 2020

This section of the FEDERAL REGISTER rule will be included in the rulemaking evolution of industry practices. Finally, contains notices to the public of the proposed record and will be made available to the AMS is proposing several revisions of issuance of rules and regulations. The public. Please be advised that the an administrative nature to correct purpose of these notices is to give interested identity of the individuals or entities misspellings and other errors in the persons an opportunity to participate in the submitting comments will be made regulations. Specific proposals are rule making prior to the adoption of the final rules. public on the internet at the address addressed below. provided above. Proposals FOR FURTHER INFORMATION CONTACT: DEPARTMENT OF AGRICULTURE Ernest Allen, Director, Seed Regulatory Nomenclature and Testing Division, Science and The regulations specify the kinds of Agricultural Marketing Service Technology Program, AMS, USDA; 801 agricultural and vegetable seed that are Summit Crossing Place, Suite C, subject to regulation. AMS proposes to 7 CFR Parts 201 and 202 Gastonia, NC 28054, USA; telephone: revise the list of agricultural seed [Doc. No. AMS–ST–19–0039] 704–810–8884; email Ernest.Allen@ covered by the regulation in § 201.2(h) usda.gov. by adding camelina, radish, and teff to Revisions to the Federal Seed Act SUPPLEMENTARY INFORMATION: The FSA the list. The proposed revisions would Regulations (7 U.S.C. 1551–1611) regulates interstate add radish to the list of seed kinds for and foreign commerce of planting seeds which the variety is required on the AGENCY: Agricultural Marketing Service, for agricultural and gardening purposes. label in § 201.10(a); add camelina, USDA. The FSA requires seeds to meet certain radish, and teff to the list of seed kinds ACTION: Proposed rule. germination rate, purity, and for which sample weights are specified certification standards. Under the FSA, in Table 1 to § 201.46(d)(2)(iii); add SUMMARY: The Agricultural Marketing seeds must be truthfully labeled with camelina, radish, and teff to the list of Service (AMS) invites comments on seed kinds for which germination proposed revisions to regulations that specific quality information. As well, the FSA requires all persons shipping requirements are specified in Table 2 to implement the Federal Seed Act (FSA). § 201.58(c)(3); add teff to the list of seed The proposals include revisions to seed agricultural seed in interstate commerce to maintain records of seed variety, kinds for which purity percentage labeling, testing, and certification origin, treatment, germination, and tolerances are increased in requirements. The proposed revisions purity. Regulations established under § 201.60(a)(1); and add camelina, would add certain seed species to the the FSA (7 CFR part 201) (regulations) chickpea, hemp, radish, and sunn hemp lists of covered kinds of seed and implement the requirements of the FSA to the list of seed kinds for which update the lists to reflect current and are administered by AMS. standards related to certification are scientific nomenclature; update From time to time, AMS finds it specified in Table 5 to § 201.76. regulations related to seed quality, necessary to update the regulations to To assure clear market germination and purity standards, and reflect current industry standards and communication about seeds, the acceptable seed testing methods; and practices and to remove obsolete regulations use the Latin scientific update seed certification and references. AMS last updated the names assigned to plants in the recertification requirements, including regulations in 2011 (76 FR 31790). AMS International Code of Nomenclature for new eligibility standards and the met with representatives of major seed Cultivated Plants 1 and recognized recognition of current breeding industry stakeholder organizations in throughout the world. Occasionally, the techniques. AMS intends to align FSA February 2019 to discuss possible International Union of Biological regulations with current industry revisions to make the regulations more Science’s International Commission for practices, harmonize FSA testing reflective of current industry practices the Nomenclature of Cultivated Plants methods with industry standards, and and updated testing methods. Based on revises those scientific names. This clarify confusing or contradictory stakeholder input, the Seed Regulatory proposed rule would further revise language in the existing regulations. and Testing Division of AMS’s Science § 201.2(h) by updating the scientific AMS expects the proposed revisions to and Technology Program initiated this names for 15 agricultural seed kinds reduce trade burden associated with proposed action to update the already on the list (big bluestem, interstate seed commerce and encourage regulations. mountain brome, buffalograss, crambe, compliance with State and Federal laws. AMS proposes to update the lists of galletagrass, guineagrass, forage kochia, DATES: Comments must be received by which seed kinds are covered by the browntop millet, pearl millet, March 27, 2020. regulations and revise the names of napiergrass, green needlegrass, green ADDRESSES: Interested persons are several agricultural and vegetable seeds panicgrass, bird rape, turnip rape, and invited to submit comments on this to provide updated scientific smilo), and by adding another common proposed rulemaking. All comments nomenclature. AMS proposes further to name for sunn crotalaria, one of the must be submitted electronically revise the definitions of other terms kinds already on the list. The proposed through the e-rulemaking portal at used in the regulations to provide rule would also update the scientific http://www.regulations.gov, and should greater clarity for regulated entities. reference the document number, date, Other revisions in this proposed rule 1 The International Code of Nomenclature for Cultivated Plants (ICNCP or Cultivated Plant Code), and page number of this issue of the would update the seed labeling, testing, published by the International Society for Federal Register. All comments and certification requirements to reflect Horticultural Science. The ICNCP was most submitted in response to this proposed revised terminology, as well as the recently updated in 2016.

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name for tomato, which is on the list of § 201.2(nn) and would define the term to add a similar requirement for labeling vegetable seed kinds in § 201.2(i). Such to mean any testing method described in vegetable seed mixtures by adding a changes would align regulatory §§ 201.45 through 201.66 of the new § 201.26a—Vegetable Seed language with current terminology and regulations or any testing method Mixtures, which would require labels nomenclature recognized in the approved by the Association of Official for mixtures of vegetable seeds to list industry. Seed Analysts rules for testing seed.3 each seed component in order of Other sections of the regulations This would clarify for regulated entities predominance. This change would reference scientific names, as well. AMS what records they are required to reflect the current market practice of proposes to update those references by maintain. Finally, the proposal would packaging vegetable seed mixtures, revising the scientific names for add a new paragraph (oo) to § 201.2 to which has not previously been quackgrass in § 201.17(a); buffalograss, define the term ‘‘brand,’’ which would addressed in the regulations. sunflower, small-seeded legumes, carrot, mean the words, name, symbol, number, The regulations prohibit the interstate and mint in § 201.47a; legumes and mark, design, unique design, or any shipment of agricultural or vegetable crucifers in 201.48(a); sunflower, carrot, combination of those that would seeds containing seeds or bulblets of and mint in 201.48(f); buffalograss in distinguish the seed of one entity from certain noxious weeds identified in 201.48(g)(1); legumes in 201.51(a)(1); the seed of another. The term’s § 201.16(b). AMS proposes to revise the quackgrass in 201.51(b)(2)(iv) and (v); definition would clarify its use in list of prohibited noxious weed seed in sunflower in 201.51(b)(4), and carrot in § 201.36b(e). § 201.16(b) by updating the scientific 201.56(d). names of several species to reflect the Records current names recognized in the market. Other Terminology The FSA regulations require seed Where the shipment of noxious-weed Section 201.2 defines other terms shippers to maintain records and seed is not prohibited under § 201.16(b), used in the regulations. The proposed samples for each lot of agricultural and the rate of occurrence in agricultural rule would update some terms to reflect vegetable seed shipped in interstate seed cannot exceed the rate permitted changes in industry and AMS needs and commerce. Sections 201.4 through by each State into which the seed is processes. AMS proposes to revise the 201.7a specify the recordkeeping shipped or reshipped, and the label term for ‘‘person’’ in § 201.2(b) to requirements related to seed origin, must include the rate of occurrence include individuals and agents to clarify germination testing, purity testing, and according to each State’s requirements. that such entities are also subject to the treatment. AMS proposes to revise (See 7 CFR 201.16(a)) AMS proposes to regulations. A revision to § 201.2(l)(1) §§ 201.6 and 201.7 to clarify that add a new § 201.30c that would provide would clarify that each person must complete records about germination and similar restrictions for shipments of keep required records regarding seed purity, respectively, would include all noxious-weed seed in vegetable seed in treatment, including, but not limited to, the records of laboratory tests containers weighing more than one records about seed coating, film coating, considered acceptable under proposed pound. This addition would support encrusting, or pelleting. The proposal new § 201.2 (nn) described above. State laws regarding noxious-weed seed would make corresponding revisions to Labeling in vegetable seed. references to ‘‘treatment’’ in § 201.4(b). Currently, § 201.18 specifies that Proposed revisions to § 201.2(p) would The FSA requires each container of when agricultural seeds other than the clarify that seed mixtures consist of agricultural and vegetable seed shipped predominant kind, variety, or type more than one kind or variety of seed, in interstate commerce to be labeled named on the label are included, they each present in excess of 5 percent by with specific information. For may be collectively identified as ‘‘crop weight of the whole, and that agricultural seed, the label must seeds’’ or ‘‘other crop seeds’’ by combinations of more than one variety include, among other things, the name percentage. A proposed change to of a single kind of seed may be referred of each kind of seed comprising more § 201.18 would remove the reference to to as ‘‘blends.’’ A proposed revision to than 5 percent of the contents, and for ‘‘crop seeds’’ to reduce confusion about the definition of ‘‘coated seed’’ in certain kinds of seed, the labels must what is in the seed. Another proposed § 201.2(q) would exclude seeds coated show the variety(ies). Currently, labeling change would clarify in with polymers or biologicals. Proposed § 201.12a of the regulations requires § 201.19 that the percentage by weight revisions to the term ‘‘purity’’ in mixtures of lawn and turf seed to be of inert matter in the seed includes § 201.2(w) would remove the reference labeled as mixtures and requires the coating material, if any is present. This to ‘‘crop seed,’’ and would clarify that name and percentage of each seed would allow seed shippers to identify percentages of inert matter would component to be listed on the label in coating material separately from other include coating material, if any is the order of predominance. AMS inert material, if desired. present. A proposed revision to proposes to revise § 201.12a by Under §§ 201.21 and 201.30, seed § 201.2(x) would revise the definition of removing the reference to turf and lawn labels are required to show the ‘‘inoculant’’ to mean a product seed mixtures, requiring all mixtures of percentage of hard seed—seed with an consisting of microorganisms applied to agricultural seed for seeding or planting impermeable seed coat that doesn’t the seed for the purpose of enhancing purposes to be designated mixtures on absorb water and germinate—apart from the availability or uptake of plant the label, and requiring the label to list the agricultural or vegetable seed nutrients through the root system. Such each seed component on the label in germination percentage. A proposed a change would align FSA regulations order of predominance. AMS proposes change to §§ 201.21 and 201.30 would require labels to also show the with current Environmental Protection 3 2 The Association of Official Seed Analysts percentage of dormant seed—seed other Agency definition of a plant inoculant, (AOSA) is an organization of state, federal, and which is recognized and used by the university laboratories in the United States and than hard seed that fails to germinate industry. A proposed revision would Canada. AOSA publishes a series of handbooks under specified conditions—apart from add a new term ‘‘acceptable test’’ as related to seed testing. AOSA testing methods are the germination percentage. The comparable to AMS seed testing methods and are proposed rule would make similar considered equally acceptable for meeting testing 2 See 40 CFR 152.6(g)(2)—EPA’s definition of requirements under the regulations in 7 CFR part changes to the labeling requirements for plant inoculant. 201. percentages of hard seed and dormant

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seed in §§ 201.29, 201.29a, and 201.31, § 201.48(g)(3). A proposed revision to maintained. Currently, the regulations which specify the labeling of vegetable § 201.51a(a) would add more precise allow recertification of Certified class seed. These changes are necessary to instructions relating to the Uniform seed when no Foundation seed is being reflect the emerging industry practice of Blowing Procedure used to separate maintained, even if Registered seed is labeling dormant seed as such and pure seed and inert matter for seed being maintained. This revision would providing the percentage of dormant testing, and the revision would better prohibit recertification of Certified class seed on the label. Further changes to the align the regulation with AOSA seeds when Registered class seed is heading and introductory paragraph of standards. A proposed revision to being maintained. Adding this § 201.31 would clarify that the § 201.58(a) would clarify that if the date restriction would preclude germination standards for vegetable for a final count for germination testing recertification of Certified class seed seeds in interstate commerce are falls on a weekend or public holiday, when seed of a higher certification class minimum standards. the count could be taken on the is available. AMS intends such a Currently, the regulations require seed following work day. A proposed restriction to prevent recertification of labels to include the full name and revision to § 201.60(b)(2) would correct the class of seed most likely to have address of the shipper or consignee, or a reference to tolerance determinations changed over time when more stable to show a code that identifies the for ‘‘crop seeds’’ to refer to tolerance alternatives are available. Proposed shipper. Proposed revisions to determinations for ‘‘other crop seeds.’’ revisions to §§ 201.74 and 201.75 would §§ 201.23, 201.24, 201.27, and 201.28 A proposed revision to § 201.61 would remove the caveat that certified seed would require the labels of both revise the title of the table in that labeling would require the variety name agricultural and vegetable seed to show section to be ‘‘Fluorescence Tolerance, only if the seed has been certified as to the full name and address of the Based on Test Fluorescence (TFL)’’ to variety. This change would remove interstate shipper or show both a code clarify that the ryegrass fluorescence contradictory or confusing language identifying the interstate shipper and tolerances shown for 400-seed from the regulations, since all the full name and address of the fluorescence tests are based on the test certification is varietal. consignee. AMS intends these proposed fluorescence level (TFL) calculated Section 201.76 of the regulations changes to reduce industry confusion under § 201.58a. establishes production standards for about the labeling requirements. Currently, for seed label claims Foundation, Registered, and Certified Currently, § 201.31a requires seed related to germination rates to be classes of various crop seeds. As well as labels to include the name or truthful, they must incorporate the adding the five new crop kinds description of any treatment applied to percentage of hard seed present. AMS mentioned earlier in the Terminology the seed. Paragraph (b) of that section proposes to revise the introductory text section, AMS proposes to add four specifies the names that can be used to of § 201.63 to clarify that when 400 or explanatory footnotes to the chart of identify substances used in seed more seeds are tested, the amount of production standards in § 201.76. treatments. AMS proposes to revise dormant seed in the mix must also be Proposed footnote 60 would explain § 201.31a(b) to clarify that active considered when calculating total that land on which certain seed is ingredient substances used in seed germination. AMS proposes a similar grown for certification must not have treatments must be included in the revision for the introductory text and been planted in cruciferous crops label, and that biological active formula in § 201.64, which provide the during the previous five years, or for the ingredients should be identified by their tolerance calculation for pure live seed. previous three years if the previous crop brand names or genus and species was of the same variety and of the same Certification names. or higher certification class. Proposed The regulations require seed Seed Testing footnote 61 would explain that fields certifying agencies to meet specified producing any class of certified seed The regulations specify testing qualification standards and comply with must be at least 50 feet from any other requirements for seed shipped in procedures outlined in the regulations. variety or from fields of the same variety interstate commerce. Seed testing One such procedure provided in that do not meet the varietal purity methodology continues to evolve as new § 201.68 requires certifying agencies to requirements for certification. Proposed equipment and processes are developed. obtain specific information from footnote 62 would pertain to the In addition to the revisions described certification applicants. AMS proposes production of sunn hemp and would earlier in this document, AMS proposes to revise the introductory text of explain that no other varieties of the following revisions to the testing § 201.68 to clarify that point, as the Crotolaria species would be allowed in regulations in 7 CFR part 201 to ensure regulations as currently written have Foundation, Registered, and/or Certified the requirements reflect methods and been confusing, making it unclear that seed production fields. Proposed procedures that have been adopted in certifying agencies must request the footnote 63 would explain that the industry and by AMS. specified information. A further revision producers of certified seed of any class The proposal would revise the to § 201.68(b) would require entities for that crop should refer to the introductory text of § 201.48 to clarify applying for certification to supply requirements established by certifying that pure seed includes all seeds of each information about the breeding agencies in the production States for kind that are present in excess of 5 technique(s) or reproductive applicable production standards. AMS percent by weight of the whole. stabilization procedures used to develop proposes adding these footnotes to Revisions to § 201.48(g)(3) would the variety. This change is necessary to explain specific standards for the new remove references to chewings fescue, recognize that different techniques are crops proposed to be added to the Table red fescue, and orchardgrass from the used to develop new plant varieties. in § 201.76 (camelina, chickpea, hemp, list of species for which special purity A proposed revision to § 201.70(a) radish, and sunn hemp), but most testing procedures are provided in would permit recertification of seed would be generic in nature and could § 201.51a(b). Corresponding revisions to beyond the standard two generations apply to other crops in the future, as the Table of Factors to Apply to past the Foundation seed generation well. Multiple Units in § 201.51a(b)(2)(ii) only when neither Foundation nor Section 201.78 provides additional would reflect the revisions to Registered class seed is being certification requirements related to

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pollen control for hybrids of certain center heading in Part 201 that is no those Orders. Because this rule does not crops. Paragraph (e) in section 201.78 longer needed. These changes replace meet the criteria of a significant specifies the determination of the pollen references to the terms ‘‘Rules’’ or regulatory action, it does not trigger the production index (PPI) for hybrid ‘‘Regulations’’ with terms that comply requirements in Executive Order 13771. alfalfa. Currently, paragraph (e) in with Code of Federal Regulations See OMB’s Memorandum titled section 201.78 provides maximum PPI nomenclature conventions. ‘‘Interim Guidance Implementing for various hybrids of Foundation and Rulemaking Analyses Section 2 of the Executive Order of Certified class seed. AMS proposes to January 30, 2017, titled ‘Reducing revise § 201.78(e) to provide greater Executive Orders 12866, 13563, and Regulation and Controlling Regulatory specificity about maximum PPI 13771 Costs’’’ (February 2, 2017). allowances for hybrid alfalfa that would AMS is issuing this proposed rule in AMS does not expect the proposed depend on the production method, conformance with Executive Orders revisions to impact compliance costs for parentage, and generation of hybrid seed 12866 and 13563, which direct agencies the private sector because the industry being analyzed. The industry requested to assess all costs and benefits of has already adopted the practices this revision in response to a change in available regulatory alternatives and, if reflected by the proposed regulatory production practices for hybrid alfalfa regulations are necessary, to select changes in order to comply with State seed. AMS expects the proposed regulatory approaches that maximize laws. AMS expects seed industry revision to recognize the breadth of net benefits (including potential stakeholders to benefit from the hybridization methods currently used economic, environmental, public health references to updated scientific by different plant breeders. and safety effects, distributive impacts, nomenclature, which provides a Administrative Changes and equity). Executive Order 13563 common language for marketing seed. emphasizes the importance of Likewise, AMS expects updating the AMS is proposing to make several quantifying both costs and benefits, labeling, testing, and certification revisions of an administrative nature to reducing costs, harmonizing rules, and requirements to simplify compliance the regulations to correct typographical promoting flexibility. and facilitate the interstate marketing of errors and update addresses and other In the development of this proposed seed. AMS also expects stakeholders to references to reflect current business rule, AMS considered alternatives, benefit from streamlined AMS business practices or provide clarity. A proposed including updating only the list of practices. revision to § 201.2(a) would replace the regulated seed varieties or making no Regulatory Flexibility Act reference to ‘‘the FSA’’ with the words changes at all. Ultimately, AMS rejected ‘‘the Federal Seed Act’’ to clarify the those alternatives because many Pursuant to requirements set forth in meaning of the term ‘‘Act’’ used references and processes in the current the Regulatory Flexibility Act (RFA) (5 throughout the regulations. References regulations are obsolete and do not U.S.C. 601 et seq.), AMS has considered to the ‘‘Act’’ would replace references to reflect modern business and industry the economic impact of this action on the ‘‘act’’ throughout the regulations and practices. AMS believes making the small business entities. The affected minor misspellings would be corrected proposed revisions would best serve the industry falls under the North American in several sections. A proposed revision industry by aligning seed species Industry Classification System (NAICS) to § 201.51a(a)(3) would update the references with internationally as code 54171—Research and address for obtaining calibration recognized scientific names, clarifying development in the physical, samples and instructions from the Seed processes to simplify regulatory engineering, and life sciences. This Regulatory and Testing Division to its compliance, and improving AMS’s classification includes firms that are not current address in Gastonia, North customer service. AMS does not expect plant breeders/plant research, however Carolina. A proposed revision to the the proposed rule to provide any no detailed industry data was available entries for ‘‘Oat’’ and ‘‘Brussels environmental, public health, or safety for the analysis. Sprouts’’ in Table 2 to paragraph (c)(3) benefits. Table 1 shows the most recent in § 201.58 would move the additional This rule does not meet the criteria of descriptive data for the industry, germination directions for fresh and a significant regulatory action under obtained from the County Business dormant seed into the correct table Executive Order 12866 as supplemented Pattern 2016 survey. This data set column. Finally, AMS proposes to by Executive Order 13563. Therefore, provides information on the number of revise the headings for Parts 201 and the Office of Management and Budget establishments, number of employees 202 and to remove an undesignated (OMB) has not reviewed this rule under and total annual payroll.

TABLE 1—NUMBER OF ESTABLISHMENTS, REVENUE AND PAYROLL BY EMPLOYEE COUNT, NAICS CODE 54171, 2016 COUNTY BUSINESS PATTERNS 4

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

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

The Small Business Administration industry by number of employees, but Patterns data are compiled on an (SBA) determines firm size for this on a per firm basis, with small firms establishment rather than a firm basis, defined as having fewer than 1,000 we must use the Economic Census data 4 Geography Area Series: County Business employees and 1,000 or more employees to determine the number of small and Patterns by Employment Size Class, 2016 Business per firm classified as large. Because large firms for the industry. Patterns, https://factfinder.census.gov/faces/table firms may own more than one services/jsf/pages/productview.xhtml?pid=BP_ Table 2 shows the most recent data 2016_00A3&prodType=table. establishment, and the County Business available on the breakdown between

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

TABLE 2—NUMBER OF FIRMS AND ESTABLISHMENTS, REVENUE AND PAYROLL BY EMPLOYEE COUNT, NAICS CODE 54171, 2002 ECONOMIC CENSUS 6

Number of Annual Size of firm by number of employees Number of Number of paid Revenue * payroll * 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 Economic Census reported 2. Revise the definitions of other completed only on laboratory work that fewer than one percent of firms terms used in the regulations to provide days, which effectively acknowledges were considered large (79 of 10,279 greater clarity for regulated entities; the existence of weekends and holidays, firms, or 0.54 percent). The 10,279 firms 3. Update the seed labeling, testing, eliminating the need for staff to work or at that time owned a total of 13,133 and certification requirements to reflect reschedule completion dates. establishments, with 1,380 (nearly 11 revised terminology and industry The burden of labeling radishes is percent) of these facilities owned by the practices; and also expected to fall, as currently it is 79 large firms. 4. Correct misspellings and other not considered agricultural seed under The tables show the extent of growth errors in the regulations. the Federal Seed Act. Radishes are now in the industry over time. The number Most of the proposed revisions listed considered only as a vegetable crop and of establishments has grown from above (1, 2, and 4) are changes in the must be labeled by variety. Inclusion of 13,133 in 2002 to 17,292 in 2016 (32 regulations that would not impact costs radishes as agricultural seed under the percent, or 2.3 percent per year). Total to the private sector. The third proposal Act will allow the industry to exclude employment increased from 557,417 listed above is expected to lower the varieties in labeling agricultural radish workers to 695,810 (25 percent, or 1.8 costs of seed testing for three grass seed. percent per year), and total annual species. The proposed revisions would The proposed rule reduces the trade payroll from $52,557,389 to $82,865,611 eliminate the requirement to segregate burden associated with interstate seed (58 percent or 4 percent per year). These certain components of seed in purity commerce and encourages compliance figures indicate that the industry has testing for those three species. This with State and Federal laws. AMS has seen small to moderate growth, with a would reduce the number of component determined that this action would not more highly paid work force over time. separations for those species from five have a significant negative economic There do not appear to be significant to four. Cost savings are difficult to impact on a substantial number of these changes in the structure of the industry estimate. Information on the exact costs small business entities. between 2002 and 2016. AMS expects of the tests was difficult to obtain that the size distribution of the firms because of the variability in seed testing Paperwork Reduction Act affected by these revisions is consistent fees by third-party labs. Costs for these In accordance with the Paperwork with data reported in the 2002 tests are generally based on hourly Reduction Act of 1995 (44 U.S.C. Economic Census. Therefore, affected laboratory charges and can range Chapter 35), the information firms would mostly be considered small between $10 and $50 per test. Without requirements under the regulations have business entities under the criteria data on the breakdown of cost for each been approved previously by OMB and established by SBA (13 CFR 121.201). of the separations performed in the test, assigned OMB No. 0581–0026. No As a result of meeting with it is assumed testing costs for the three changes are necessary in those representatives of major seed industry affected crops could fall by 20 percent requirements as a result of this proposed stakeholder organizations in February as a result of the proposed revisions. action. Reports and forms are 2019, AMS is updating regulations to The proposed revisions would ease periodically reviewed to reduce reflect current industry standards and the existing requirement to follow test information requirements and practices and to remove obsolete procedures according to the Federal duplication by industry and public references. With these revisions to the Seed Act before engaging in interstate sector agencies. Should any changes existing FSA regulation, AMS proposes commerce by allowing the use of seed become necessary, they would be the following: testing methods from Association of submitted to OMB for approval. 1. Update the lists of which seed Official Seed Analysts Rules used by Congressional Review Act kinds are covered by the regulations and most seed testing laboratories in the revise the names of several agricultural U.S. These revisions also expand the Pursuant to the Congressional Review and vegetable seeds to provide updated time requirement of the current Act (5 U.S.C. 801 et seq.), the Office of scientific nomenclature; regulation by allowing testing to be Information and Regulatory Affairs

5 ‘‘Table of Small Business Size Standards 6 Professional, Scientific, and Technical Services: productview.xhtml?pid=ECN_2002_US_ Matched to North American Industry Classification Subject Series—Establishment and Firm Size: 54SSSZ5&prodType=table. System Codes’’, Small Business Administration, Employment Size of Firms for the United States: effective January 1, 2017, https://www.sba.gov/sites/ 2002 Economic Census of the United States, https:// default/files/files/Size_Standards_Table.pdf. factfinder.census.gov/faces/tableservices/jsf/pages/

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designated this rule as not a major rule place the words ‘‘an individual but not limited to coating, film coating, as defined by 5 U.S.C. 804(2). partnership’’ and removing the words encrusting, or pelleting)’’; ‘‘or trustee’’ and adding in their place ■ h. Removing in the second sentence of E-Government Act the words ‘‘trustee, or agent’’; paragraph (l)(1) the word ‘‘treatment’’ USDA is committed to complying ■ c. Removing in paragraph (h) the and adding in its place the words with the E-Government Act (44 U.S.C. terms ‘‘Bluestem, big—Andropogon ‘‘chemical or biological treatment’’ and 3601, et seq.) by promoting the use of gerardii Vitman’’, ‘‘Brome, mountain— removing the words ‘‘analyses, tests, the internet and other information Bromus marginatus Steud.’’, and examinations’’ and adding in their technologies to provide increased ‘‘Buffalograss—Buchloe dactyloides place the words ‘‘and acceptable tests’’; opportunities for citizen access to (Nutt.) Engelm.’’, ’’ Crambe—Crambe ■ i. Adding in paragraph (p) after the Government information and services, abyssinica R.E. Fr.’’, ‘‘Crotalaria, sunn— word ‘‘percent’’ the words ‘‘by weight’’ and for other purposes. Crotalaria juncea L.’’, ‘‘Galletagrass— and adding a second sentence to read Hilaria jamesii (Torr.) Benth.’’, ‘‘A mixture of varieties of a single kind Executive Order 13175 ‘‘Guineagrass—Panicum maximum Jacq. may be labeled as a blend.’’; This proposed action has been var. maximum’’, ‘‘Kochia, forage— ■ j. Adding in the second sentence of reviewed in accordance with the Kochia prostrata (L.) Schrad.’’, ‘‘Millet, paragraph (q) after the word ‘‘dyes’’ the requirements of Executive Order browntop—Brachiaria ramosa (L.) words ‘‘polymers, biologicals,’’; 13175—Consultation and Coordination Stapf’’, ‘‘Millet, pearl—Pennisetum ■ k. Removing in paragraph (w), the with Indian Tribal Governments. The glaucum (L.) R. Br.’’, ‘‘Napiergrass— words ‘‘or crop seed’’, and removing the review reveals that this regulation Pennisetum purpureum Schumach.’’, words ‘‘inert matter’’ and adding in would not have substantial and direct ‘‘Needlegrass, green—Stipa viridula their place the words ‘‘inert matter, impacts on Tribal governments or Trin.’’, ‘‘Panicgrass, green—Panicum including coating material if any is significant Tribal implications. maximum Jacq.’’, ‘‘Rape, bird—Brassica present’’; rapa L. subsp. campestris (L.) A.R. ■ l. Removing in paragraph (x), the Executive Order 12988 Clapham’’, ‘‘Rape, turnip—Brassica words ‘‘commercial preparation This proposed rule has been reviewed rapa L. subsp. campestris (L.)’’, and containing nitrogen fixing bacteria under Executive Order 12988, Civil ‘‘Smilo—Piptatherum miliaceum (L.) applied to seed’’ and adding in their Justice Reform. It is not intended to Coss’’; place the words ‘‘product consisting of have retroactive effect. There are no ■ d. Adding in paragraph (h) in microorganisms applied to the seed for administrative procedures that must be alphabetical order the terms ‘‘Bluestem, the purpose of enhancing the exhausted prior to judicial challenge to big—Andropogon gerardi Vitman’’, availability or uptake of plant nutrients the provisions of this proposed rule. ‘‘Brome, mountain—Bromus carinatus through the root system’’; var. marginatus (Steud.) Barworth & ■ m. Removing in paragraph (z), the List of Subjects Anderton’’, ‘‘Buffalograss—Bouteloua word ‘‘act’’ and adding in its place the dactyloides (Nutt.) Columbus’’, word ‘‘Act’’; 7 CFR Part 201 ■ ‘‘Camelina—Camelina sativa (L.) Crantz n. Removing in paragraph (mm), the Certified seed, Definitions, subsp. sativa’’, ‘‘Crambe—Crambe word ‘‘detasselling’’ and adding in its Inspections, Labeling, Purity analysis, hispanica L. subsp. abyssinica’’, place the word ‘‘detasseling’’; ■ Sampling. ‘‘Crotalaria, sunn or sunn hemp— o. Adding a new paragraphs (nn) and (oo). 7 CFR Part 202 Crotalaria juncea L.’’, ‘‘Galletagrass— Pleuraphis jamesii Torr.’’, The additions read as follows: Administrative practice and ‘‘Guineagrass—Megathyrsus maximus * * * * * procedure, Agricultural commodities, (Jacq.) B. K. Simon & S. W. L. Jacobs’’, (nn) Acceptable test. The term Imports, Labeling, Seeds, Vegetables. ‘‘Kochia, forage—Bassia prostrata (L.) A. ‘‘acceptable test’’ means any testing For the reasons set forth in the J. Scott’’, ‘‘Millet, browntop—Urochloa method described in § 201.45 through preamble, it is proposed that 7 CFR ramose (L.) T. Q. Nguyen’’, ‘‘Millet, § 201.66 of this part, or to testing parts 201 and 202 be amended as pearl—Cenchrus americanus (L.) methods in accordance with Association follows: Morrone’’, ‘‘Napiergrass—Cenchrus of Official Seed Analyst (AOSA) rules. purpureus (Schumach,) Morrone’’, (oo) Brand. The term ‘‘brand’’ means PART 201—FEDERAL SEED ACT ‘‘Needlegrass, green—Nassella viridula word(s), name, symbol, number, mark, REQUIREMENTS (Trin.) Barkworth’’, ‘‘Panicgrass, green— design, unique design, or any Megathyrsus maximus (Jacq.) B. K. combination of those which ■ 1. The authority citation for part 201 distinguishes seed of one entity from continues to read as follows: Simon & S. W. L. Jacobs’’, ‘‘Radish— Raphanus sativus L.’’, ‘‘Rape, bird— seed of another. ■ 5. Revise § 201.3 to read as follows: Authority: 7 U.S.C. 1592. Brassica rapa L. subsp. oleifera’’, ‘‘Rape, ■ 2. In part 201, revise the heading to turnip—Brassica rapa L. Subsp. § 201.3 Administrator. read as set forth above. oleifera’’, ‘‘Smilo—Oloptum miliaceum The Administrator of the Agricultural ■ 3. Remove the undesignated center (L.) Ro¨ser & Hamasha’’, and ‘‘Teff— Marketing Service may perform such heading ‘‘RULES AND REGULATIONS Eragrostis tef (Zuccangi) Trotter’’; duties as the Secretary requires in OF THE SECRETARY OF ■ e. Removing in paragraph (i) the term enforcing the provisions of the Act and AGRICULTURE’’. ‘‘Tomato—Lycopersicon esculentum of the regulations in this part. Mill.’’ and adding in its place the term § 201.2 [Amended] ‘‘Tomato—Solanum lycopersicum L.’’; § 201.4 [Amended] ■ 4. Amend § 201.2 by: ■ f. Removing in paragraph (j) the word ■ 6. Amend § 201.4 by: ■ a. Removing in paragraph (a) the word ‘‘act’’ and replacing it with the word ■ a. Removing in paragraph (a) the word ‘‘FSA’’ and adding in its place the ‘‘Act’’; ‘‘act’’ and adding in its place the word words ‘‘Federal Seed Act’’; ■ g. Adding in the first sentence of ‘‘Act’’; and ■ b. Removing in paragraph (b) the word paragraph (l)(1) wherever it appears the ■ b. Removing in paragraph (b) ‘‘a partnership’’ and adding in their word ‘‘treatment’’ the words ‘‘(including wherever it appears the word

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‘‘treatment’’ and adding it its place the § 201.18 Other agricultural seeds. component shall be listed on the label words ‘‘(including but not limited to Agricultural seeds other than those in the order of predominance. coating, film coating, encrusting, or included in the percentage or ■ 22. Revise § 201.27 to read as follows: pelleting)’’ and removing the word ‘‘act’’ percentages of kind, variety, or type may and adding in its place the word ‘‘Act’’. be expressed as ‘‘other crop seeds,’’ but § 201.27 Name of interstate shipper or the percentage shall include collectively name of consignee. § 201.6 [Amended] all kinds, varieties, or types not named The full name and address of the ■ 7. Amend § 201.6 in the first sentence upon the label. interstate shipper shall appear upon the by adding the word ‘‘acceptable’’ after ■ 15. Revise § 201.19 to read as follows: label. If the name and address of the the word ‘‘all’’. interstate shipper are not shown upon § 201.19 Inert matter. the label, a code designation identifying § 201.7 [Amended] The label shall show the percentage the interstate shipper shall be shown, ■ 8. Amend § 201.7 by removing in the by weight of inert matter, including along with the full name and address of first sentence the words ‘‘(a) records of coating material as defined in § 201.2(q), the consignee. analyses, tests, and examinations’’ and if any is present. ■ 23. Amend § 201.28 by revising the ■ adding in their place the words ‘‘(a) 16. Revise § 201.20 to read as follows: second sentence to read as follows: records of acceptable tests’’. § 201.20 Germination § 201.28 Code designation. § 201.8 [Amended] The label shall show the percentage of * * * When used, the AMS code germination for each kind, kind and ■ 9. Amend § 201.8 by removing in the designation shall appear on the label in variety, kind and type, or kind and last sentence the word ‘‘act’’ and adding a clear and legible manner, along with hybrid of agricultural seed comprising in its place the word ‘‘Act’’. the full name and address of the more than 5 percent of the whole. The consignee. § 201.10 [Amended] label shall show the percentage of ■ 24. Revise § 201.29 to read as follows: ■ 10. Amend § 201.10 paragraph (a) by germination for each kind, kind and adding the word ‘‘Radish;’’ after the variety, kind and type, or kind and § 201.29 Germination of vegetable seed in word ‘‘Peanut;’’. hybrid of agricultural seed comprising 5 containers of 1 pound or less. percent of the whole or less if the seed ■ 11. Revise § 201.12a to read as Vegetable seeds in containers of 1 is identified individually on the label. follows: pound or less which have a germination ■ 17. Revise § 201.21 to read as follows: § 201.12a Seed mixtures. percentage equal to or better than the § 201.21 Hard seed or dormant seed. standard set forth in § 201.31 need not Seed mixtures intended for seeding/ The label shall show the percentage of be labeled to show the percentage of planting purposes shall be designated as hard seed or dormant seed, as defined germination and date of test. Each a mixture on the label and each seed in § 201.57 or § 201.57a, if any is variety of vegetable seed which has a component shall be listed on the label present. The percentages of hard seed germination percentage less than the in the order of predominance. and dormant seed shall not be included standard set forth in § 201.31 shall have § 201.16 [Amended] as part of the germination percentage. the words ‘‘Below Standard’’ clearly ■ 18. Revise § 201.23 to read as follows: shown in a conspicuous place on the ■ 12. Amend § 201.16 by: label or on the face of the container in ■ a. Removing in paragraph (a) in the § 201.23 Name of interstate shipper or type no smaller than 8 points. Each first sentence the word ‘‘state’’ and name of consignee. variety which germinates less than the adding in its place the word ‘‘State’’; The full name and address of the standard shall also be labeled to show ■ b. Removing in paragraph (b), the interstate shipper shall appear upon the the percentage of germination and the terms ‘‘Emex australis Steinh.’’, ‘‘Emex label. If the name and address of the percentage of hard seed or dormant seed spinosa (L.) Campd.’’, ‘‘Leptochola shipper are not shown upon the label, (if any). chinensis (L.) Nees’’, ‘‘Pennisetum a code designation identifying the ■ 25. Revise § 201.29a to read as clandestinum Chiov.’’, ‘‘Pennisetum interstate shipper shall be shown, along follows: macrourum Trin.’’, ‘‘Pennisetum with the full name and address of the pedicellatum Trin.’’, ‘‘Pennisetum consignee. § 201.29a Germination of vegetable seed polystachion (L.) Schult.’’, and ‘‘Rubus ■ 19. Amend § 201.24 by revising the in containers of more than 1 pound. fruticosus L. (complex)’’; and second sentence to read as follows: Each variety of vegetable seeds in ■ containers of more than 1 pound shall c. Adding in paragraph (b) in § 201.24 Code designation. alphabetical order the terms ‘‘Cenchrus be labeled to show the percentage of * * * When used, the AMS code caudatus (Schrad.) Kuntze’’, ‘‘Cenchrus germination and the percentages of hard designation shall appear on the label in clandestinus Morrone’’, ‘‘Cenchrus seed or dormant seed (if any). a clear and legible manner, along with pedicellatus (Trin.) Morrone’’, ■ 26. Revise § 201.30 to read as follows: the full name and address of the ‘‘Cenchrus polystachios (L.) Morrone’’, consignee. ‘‘Dinebra chinensis (L.) P. M. Peterson & § 201.30 Hard seed or dormant seed. N. Snow’’, ‘‘Rubus plicatus Weihe & § 201.25 [Amended] If hard seed or dormant seed as Nees’’, ‘‘Rumex hypogaeus T.M. Schust ■ 20. Amend § 201.25 by removing in defined in §§ 201.57 or 201.57a, & Reveal’’, and ‘‘Rumex spinosus L.’’. the third sentence the word ‘‘act’’ and respectively, is present in the seed kinds indicated in those sections, the label § 201.17 [Amended] adding in its place the word ‘‘Act’’. ■ 21. Add § 201.26a to read as follows: shall show the percentage of hard seed ■ 13. Amend § 201.17 by removing the or dormant seed present. The words ‘‘Quackgrass (Elytrigia repens)’’ § 201.26a Vegetable seed mixtures. percentages of hard seed and dormant and adding in their place the words Vegetable seed mixtures for seeding/ seed shall not be included as part of the ‘‘Quackgrass (Elymus repens)’’. planting purposes shall be designated as germination percentage. ■ 14. Revise § 201.18 to read as follows: a mixture on the label, and each seed ■ 27. Add § 201.30c to read as follows:

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§ 201.30c Noxious-weed seeds of ingredient substance as required by word ‘‘act’’ and adding in its places the vegetable seed in containers of more than paragraph (a) of this section shall be the word ‘‘Act’’. 1 pound. commonly accepted coined, chemical Except for those kinds of noxious- (generic), or abbreviated chemical name. § 201.37 [Amended] weed seeds shown in § 201.16(b), the The label shall include either the name ■ 32. Amend § 201.37 by removing names of kinds of noxious-weed seeds of the genus and species or the brand wherever it appears the word ‘‘act’’ and and the rate of occurrence of each shall name as identified on biological product adding in its places the word ‘‘Act’’. be expressed in the label in accordance labels. Commonly accepted coined with, and the rate shall not exceed the names are free for general use by the § 201.38 [Removed and Reserved] rate permitted by, the law and public, are not private trademarks, and ■ 33. Remove and reserve § 201.38. regulations of the State into which the are commonly recognized as names of seed is offered for transportation or is particular substances, such as thiram, § 201.39 [Amended] transported. If in the course of such captan, lindane, and dichlone. ■ 34. Amend § 201.39, in paragraph (c), transportation, or thereafter, the seed is Examples of commonly accepted by removing the word ‘‘proble’’ in and diverted to another State of destination, chemical (generic) names are blue-stone, adding in its place the word ‘‘probe’’. the person or persons responsible for calcium carbonate, cuprous oxide, zinc ■ such diversion shall cause the seed to be hydroxide, hexachlorobenzene, and 35. Amend § 201.46 by: relabeled with respect to noxious-weed ethyl mercury acetate. The terms ■ a. Revising paragraph (b); and seed content, if necessary, to conform to ‘‘mercury’’ or ‘‘mercurial’’ may be used ■ b. Adding in Table 1 to paragraph the laws and regulations of the State in labeling all types of mercurials. (d)(2)(iii), entries for ‘‘Camelina’’, into which the seed is diverted. Examples of the genus and species ‘‘Radish’’, and ‘‘Teff’’ in the ■ 28. Amend § 201.31 by revising the names for brand named biologicals are ‘‘Agricultural Seed’’ section in heading and the introductory paragraph Bacillus subtilis (Kodiak) for a single alphabetical order. to read as follows: species, and Bradyrhizobium The revisions and additions read as japonicum, Penicillium bilaiae follows: § 201.31 Minimum germination standards (TagTeam Soybean Granular Inoculant) for vegetable seeds in interstate commerce. for a mixture. Examples of commonly § 201.46 Weight of working sample. The following minimum germination accepted abbreviated chemical names * * * * * standards for vegetable seeds in are BHC (1, 2, 3, 4, 5, 6- interstate commerce, which shall be Hexachlorocyclohexane) and DDT (b) Mixtures consisting of one construed to include hard seed and (dichloro diphenyl trichloroethane). predominant kind of seed or groups of dormant seed, are determined and kinds of similar size. The weights of the * * * * * established under section 403(c) of the purity and noxious-weed seed working Act: § 201.33 [Amended] samples in this category shall be * * * * * ■ 30. Amend § 201.33 paragraph (a) and determined by the kind or group of ■ 29. Amend § 201.31a by revising (b) by removing wherever it appears the kinds which comprise more than 50 paragraph (b) to read as follows: word ‘‘act’’ and adding in its places the percent of the sample. word ‘‘Act’’. * * * * * § 201.31a Labeling treated seed. (d) * * * * * * * * § 201.36b [Amended] (b) Name of substance or active ■ 31. Amend § 201.36b, in paragraph (a) (2) * * * ingredient. The name of any active by removing wherever it appears the (iii) * * *

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

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

Agricultural Seed: Camelina ...... 4 40 880 Radish ...... 30 300 75 Teff ...... 1 10 3,288

*******

§ 201.47a [Amended] ■ c. Removing in paragraph (d) the word ■ 37. Amend § 201.48 by revising the ■ 36. Amend § 201.47a by: ‘‘Legumionsae’’ and adding in its place first sentence of the introductory text the word ‘‘Fabaceae’’; and paragraphs (a), (f), (g)(1) and (3) to ■ a. Removing in paragraph (b)(6) the ■ read as follows: words ‘‘Buchloe dactyloides’’ and d. Removing in paragraph (e) the word adding in their place the words ‘‘Umbelliferae’’ and adding in its place § 201.48 Kind or variety considered pure ‘‘Bouteloua dactyloides’’; the word ‘‘Apiaceae’’; and seed. ■ The pure seed shall include all seeds ■ b. Removing in paragraph (c) the word e. Removing in paragraph (f) the word of each kind or each kind and variety ‘‘Compositae’’ and adding in its place ‘‘Labiatae’’ and adding in its place the word ‘‘Lamiaceae’’. under consideration present in excess of the word ‘‘Asteraceae’’; 5 percent by weight of the whole. * * *

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(a) Immature or shriveled seeds and § 201.51a Special procedures for purity into four approximately equal parts and seeds that are cracked or injured. For analysis. each blown separately. The 1.157 factor seeds of legumes (Fabaceae) and (a) The laboratory analyst shall use is restricted to the General-type seed crucifers (Brassicaceae) with the seed the Uniform Blowing Procedure blower. coats entirely removed refer to described in this paragraph to separate (D) The blowing point for side-oats § 201.51(a)(1); pure seed and inert matter in the grama shall be a factor of 1.480 of the * * * * * following: Kentucky bluegrass, Canada blowing point determined for Kentucky (f) Intact fruits, whether or not they bluegrass, rough bluegrass, Pensacola bluegrass. Before blowing, extraneous contain seed, of species belonging to the variety of bahiagrass, orchardgrass, blue material that will interfere with the following families: Sunflower grama, and side-oats grama. blowing process shall be removed. The (Asteraceae), buckwheat (Polygonaceae), (1) Separation of mixtures. Separate sample to be blown shall be divided carrot (Apiaceae), valerian seed kinds listed in this section from into four approximately equal parts and (Valerianaceae), mint (Laminaceae) and other kinds in mixtures before using the each part blown separately. The 1.480 other families in which the seed unit Uniform Blowing Procedure. factor is restricted to the General-type may be a dry, indehiscent one-seeded (2) Calibration samples. Obtain seed blower. fruit. For visibly empty fruits, refer to calibration samples and instructions, (4) Blower calibration. Calibrate and inert matter, § 201.51(a)(6); which are available on loan through the test the blower according to the (g) * * * Seed Regulatory and Testing Division, instructions that accompany the (1) Intact burs of buffalograss S&T, AMS, 801 Summit Crossing Place, calibration samples before using the (Bouteloua dactyloides) shall be Suite C, Gastonia, North Carolina, blower to analyze the seed sample. Use considered pure seed whether or not a 28054. the anemometer to set the blower gate caryopsis is present. Refer to (3) Blowing point. Use the calibration opening according to the calibration § 201.51(a)(6) for burs which are visibly samples to establish a blowing point sample specifications. empty. prior to proceeding with the separation (i) Determine the blowing point using of pure seed and inert matter for these a calibrated anemometer. * * * * * kinds. (ii) Position the anemometer fan (3) Special purity procedures for (i) Refer to the specifications on the precisely over the blower opening, set it smooth brome, fairway crested calibration samples for Kentucky at meters per second (m/s), run the wheatgrass, standard crested bluegrass, orchardgrass, and Pensacola blower at the calibrated gate setting, and wheatgrass, intermediate wheatgrass, variety of bahiagrass to determine their wait 30 seconds before reading the pubescent wheatgrass, tall wheatgrass, appropriate blowing points for the anemometer. and western wheatgrass are listed in Uniform Blowing Procedure. § 201.51a(b). (ii) Use the calibration sample for (iii) Use this anemometer reading to * * * * * Kentucky bluegrass to determine the determine the blower gate setting blowing points for Canada bluegrass, whenever the Uniform Blowing § 201.51 [Amended] rough bluegrass, blue grama, and side- Procedure is required. ■ 38. Amend § 201.51 by: oats grama. (5) Pure seed and inert matter. Use the ■ a. Removing in paragraph (a)(1) the (A) The blowing point for Canada calibrated blower to separate the seed words ‘‘Leguminosae’’, ‘‘crucifers’’, and bluegrass shall be the same as the sample into light and heavy portions. ‘‘Cruciferae’’, and adding in their places blowing point determined for Kentucky After completing the initial separation, the words ‘‘Fabaceae’’, ‘‘brassica’’, and bluegrass. remove and separate all weed and other Brassicaceae’’, respectively; (B) The blowing point for rough crop seeds from the light portion. The ■ b. Removing in paragraph (b)(2)(iv) bluegrass shall be a factor of 0.82 (82 remainder of the light portion shall be the word ‘‘Agropyron’’ and adding in its percent) of the blowing point considered inert matter. Remove all place the word ‘‘Elymus’’; determined for Kentucky bluegrass. The weed and other crop seeds and other ■ c. Removing in paragraph (b)(2)(v) the 0.82 factor is restricted to the General- inert matter (stems, leaves, dirt) from words ‘‘A. repens’’ and adding in their type seed blower. the heavy portion and add them to the place the words ‘‘E. repens’’; and (C) The blowing point for blue grama weed seed, other crop seed, or inert ■ d. Removing in paragraph (b)(4) the shall be a factor of 1.157 of the blowing matter separations, as appropriate. The word ‘‘Compositae’’ and adding in its point determined for Kentucky remainder of the heavy portion shall be place the word ‘‘Asteraceae’’. bluegrass. Before blowing, extraneous considered pure seed. ■ 39. Amend § 201.51a by revising material that will interfere with the (b) * * * paragraph (a) and the table in paragraph blowing process shall be removed. The (2) * * * (b)(2)(ii) to read as follows: sample to be blown shall be divided (ii) * * *

TABLE OF FACTORS TO APPLY TO MULTIPLE UNITS a

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

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

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TABLE OF FACTORS TO APPLY TO MULTIPLE UNITS a—Continued

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

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 period two additional days. If the ■ 40. Amend § 201.56, in paragraph (d), of test, and certain other specific directions prescribed test period or the allowed by removing the word ‘‘Umbelliferae’’ for testing for germination and hard seed. extension falls on a weekend or public and adding in its place the word * * * * * holiday, the test may be extended to the ‘‘Apiaceae.’’ (a) Definitions and explanations next working day. (Also, see paragraph ■ 41. Amend § 201.58 by: applicable to table 2—(1) Duration of (a)(5) of this section and § 201.57.) ■ a. Revising paragraphs (a)(1) and tests. The following deviations are * * * * * (b)(13); ■ b. Adding in Table 2 to paragraph permitted from the specified duration of (b) * * * tests: Any test may be terminated prior (c)(3) entries for ‘‘Camelina’’, ‘‘Radish’’, (13) Fourwing Saltbush (Atriplex to the number of days listed under and ‘‘Teff’’ in the ‘‘Agricultural Seed’’ canscens); preparation of seed for test. ‘‘Final count’’ if the maximum section in alphabetical order; De-wing seeds and soak for 2 hours in ■ c. Revising in Table 2 to paragraph germination of the sample has then been 3 liters of water, after which rinse with (c)(3) the entry for ‘‘Oat’’ in the determined. The number of days stated approximately 3 liters of distilled water. ‘‘Agricultural Seed’’ section; and for the first count is approximate and a Remove excess water, air dry for 7 days ■ d. Revising in Table 2 to paragraph deviation of 1 to 3 days is permitted. If at room temperature, then test for (c)(3) the entry for ‘‘Brussels Sprouts’’ in at the time of the prescribed test period germination as indicated in Table 2. the ‘‘Vegetable Seed’’ section. the seedlings are not sufficiently The revisions and additions read as developed for positive evaluation, it is (c) * * * follows: possible to extend the time of the test (3) * * *

TABLE 2 TO PARAGRAPH (c)(13)

Additional directions Temperature First count Final count Name of seed Substrata ° Fresh and ( C) days days Specific dormant 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.

*******

* * * * * § 201.60 [Amended] ■ b. Removing in the first sentence of ■ 43. Amend § 201.60 by: paragraph (a)(2) the word ‘‘act’’ and § 201.59 [Amended] adding in its place the word ‘‘Act’’; and ■ a. Adding in the second sentence of ■ 42. Amend § 209.59 by removing ■ paragraph (a)(1) the word ‘‘teff,’’ after c. Adding in the first sentence of wherever it appears the word ‘‘act’’ and the words ‘‘sweet vernalgrass,’’; paragraph (b)(2) the word ‘‘other’’ before adding in its place the word ‘‘Act’’. the words ‘‘crop seeds’’.

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■ 44. Amend § 201.61 by revising the ■ 45. Amend § 201.63 by revising the dormant seed when 400 or more seeds table heading to read as follows: introductory paragraph to read as are tested. follows: * * * * * § 201.61 Fluorescence percentages in ■ 46. Revise § 201.64 to read as follows: ryegrasses. § 201.63 Germination. § 201.64 Pure live seed. *** The following tolerances are The tolerance for pure live seed shall FLUORESCENCE TOLERANCE, applicable to the percentage of be determined by applying the BASED ON TEST FLUORESCENCE germination and also to the sum of the germination plus the hard seed and respective tolerances to the germination (TFL) plus the hard seed and dormant seed, * * * * * and the pure seed.

■ 47. Amend § 201.68 by revising the stabilization procedures used in its § 201.75 [Amended] introductory text and paragraph (b) to development. ■ 50. Amend § 201.75 by removing in read as follows: * * * * * paragraphs (b)(1) and (c), wherever it ■ 48. Amend § 201.70 by revising appears the words ‘‘(if certified as to § 201.68 Eligibility requirements for paragraph (a) to read as follows: certification of varieties. variety)’’. § 201.70 Limitations of generations for ■ 51. Amend § 201.76 Table 5 by adding When a seed originator, developer, certified seed. owner of the variety, or agent thereof in alphabetical order entries for * * * * * ‘‘Camelina’’, ‘‘Chickpea’’, ‘‘Hemp’’, requests eligibility for certification, the (a) Recertification of the Certified certification agency shall require the ‘‘Radish’’, ‘‘Sunn hemp’’ and footnotes class may be permitted when no ‘‘60’’ through ‘‘63’’ to read as follows: person to provide the following Foundation or Registered seed is being information upon request: maintained; or § 201.76 Minimum Land, Isolation, Field, * * * * * * * * * * and Seed Standards. (b) A statement concerning the § 201.74 [Amended] * * * * * variety’s origin and the breeding ■ 49. Amend § 201.74 by removing in technique(s) or the reproductive paragraphs (a), (b), and (c), the words ‘‘(if certified as to variety)’’. 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 (5915.24m) ... 2,000 0.2 8 1 61 50 (59 15.24m) .. 1,000 0.3 (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 (59 402.34m) 1,000 0.1 60 5 660 (59 201.17m) .. 500 0.25 (59 402.34m). Sunn hemp ...... 7 1 1,320 62 5000 0.1 7 1 660 (59 201.17m) .. 62 1,000 0.25 7 1 330 (59 100.58m) .. 62 500 0.5 (59 402.34m).

******* ******* 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.

■ 52. Amend § 201.78 by revising representing a trace of pollen, ‘‘3’’ maximum PPI allowed for 95 percent paragraph (e) to read as follows: representing substantially less than hybrid seed is 14 for the Foundation normal pollen, and ‘‘4’’ representing class, and 6 for the F1 hybrid. For § 201.78 Pollen control for hybrids. normal pollen. The rating is weighted as hybrid production using comingled * * * * * 0, 0.1, 0.6 or 1.0, respectively. The total parent lines, the maximum PPI allowed (e) Hybrid alfalfa. When at least 75 number of plants of each rating is for 75 percent hybrid Certified class percent of the plants are in bloom and multiplied by the weighted rating and seed is 25, with an allowance for there is no more than 15 percent seed the values are totaled. The total is blending to reach a PPI of 25 for fields set, 200 plants shall be examined to divided by the number of plants rated with a PPI above 25, but no greater than determine the pollen production index and multiplied by 100 to determine the 30. (PPI). Each plant is rated as 1, 2, 3 or PPI. For hybrid production using 4 with ‘‘1’’ representing no pollen, ‘‘2’’ separate male and female rows, the

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PART 202—FEDERAL SEED ACT FOR FURTHER INFORMATION CONTACT: ACTION: Notice of proposed rulemaking ADMINISTRATIVE PROCEDURES Brian Zeller, Review Examiner, (319) (NPRM). 395–7394 x4125, or Larisa Collado, ■ 53. The authority citation for part 202 Section Chief, (202) 898–8509, in the SUMMARY: The FAA proposes to adopt a continues to read as follows: Division of Risk Management new airworthiness directive (AD) for Authority: 302, 305, 402, 408, 409, 413, Supervision; or Graham N. Rehrig, certain Bombardier, Inc., Model BD– 414, 53 Stat. 1275, as amended; 7 U.S.C. Senior Attorney, (202) 898–3829, John 100–1A10 airplanes. This proposed AD 1582, 1585, 1592, 1598, 1599, 1603, and Dorsey, Acting Supervisory Counsel, was prompted by reports of the loss of 1604. (202) 898–3807, or Andrea Winkler, all air data system information provided ■ 54. In part 202, the heading is revised Acting Assistant General Counsel, (202) to the flightcrew, which was caused by to read as set forth above. 898–3727 in the Legal Division. icing at high altitudes. This proposed AD would require revising the existing SUPPLEMENTARY INFORMATION: On airplane flight manual (AFM) to provide Subpart C—Provisions Applicable to December 16, 2019, the FDIC published the flightcrew with procedures to Other Proceedings in the Federal Register a Notice that stabilize the airplane’s airspeed and ■ proposed to revise the existing 55. In subpart C, revise the heading to attitude. The FAA is proposing this AD regulations requiring persons convicted read as set forth above. to address the unsafe condition on these of certain criminal offenses to obtain Dated: January 9, 2020. products. prior written consent before Bruce Summers, participating in the conduct of the DATES: The FAA must receive comments Administrator, Agricultural Marketing affairs of any depository institution to on this proposed AD by March 12, 2020. Service. incorporate the FDIC’s existing ADDRESSES: You may send comments, [FR Doc. 2020–00400 Filed 1–24–20; 8:45 am] Statement of Policy, and to amend the using the procedures found in 14 CFR BILLING CODE 3410–02–P regulations setting forth the FDIC’s 11.43 and 11.45, by any of the following procedures and standards applicable to methods: • an application to obtain the FDIC’s prior Federal eRulemaking Portal: Go to FEDERAL DEPOSIT INSURANCE written consent. The Notice sought https://www.regulations.gov. Follow the CORPORATION comment from the public regarding ‘‘the instructions for submitting comments. • Fax: 202–493–2251. scope of Section 19, possible • 12 CFR Parts 303 and 308 amendments to the relief process, the Mail: U.S. Department of Transportation, Docket Operations, M– RIN 3064–AF19 scope of the de minimis offense exemption, and the treatment of 30, West Building Ground Floor, Room Incorporation of Existing Statement of expunged criminal records,’’ as well as W12–140, 1200 New Jersey Avenue SE, Policy Regarding Requests for Washington, DC 20590. comments related to the expected effects • Participation in the Affairs of an of the proposed rule. The Notice stated Hand Delivery: Deliver to Mail Insured Depository Institution by that the comment period would close on address above between 9 a.m. and 5 Convicted Individuals; Extension of February 14, 2020. The FDIC has p.m., Monday through Friday, except Comment Period received a request to extend the Federal holidays. For service information identified in comment period. An extension of the AGENCY: Federal Deposit Insurance this NPRM, contact Bombardier, Inc., comment period would provide Corporation. 200 Coˆte-Vertu Road West, Dorval, additional opportunity for the public to ACTION Que´bec H4S 2A3, Canada; North : Notice of proposed rulemaking; prepare comments to address questions America toll-free telephone 1–866–538– extension of comment period. posed by the FDIC. Therefore, the FDIC 1247 or direct-dial telephone 1–514– is extending the end of the comment SUMMARY: On December 16, 2019, the 855–2999; email ac.yul@ period for the Notice from February 14, Federal Deposit Insurance Corporation aero.bombardier.com; internet https:// 2020, to March 16, 2020. (FDIC) published in the Federal www.bombardier.com. You may view Register a Notice of Proposed Federal Deposit Insurance Corporation. this service information at the FAA, Rulemaking (Notice) that proposed to Dated at Washington, DC, on January 22, Transport Standards Branch, 2200 revise the existing regulations requiring 2020. South 216th St., Des Moines, WA. For persons convicted of certain criminal Annmarie H. Boyd, information on the availability of this offenses to obtain prior written consent Assistant Executive Secretary. material at the FAA, call 206–231–3195. before participating in the conduct of [FR Doc. 2020–01298 Filed 1–24–20; 8:45 am] Examining the AD Docket the affairs of any depository institution BILLING CODE 6714–01–P to incorporate the FDIC’s existing You may examine the AD docket on Statement of Policy, and to amend the the internet at https:// regulations setting forth the FDIC’s DEPARTMENT OF TRANSPORTATION www.regulations.gov by searching for procedures and standards applicable to and locating Docket No. FAA–2019– an application to obtain the FDIC’s prior Federal Aviation Administration 1081; or in person at Docket Operations written consent. The FDIC has between 9 a.m. and 5 p.m., Monday determined that an extension of the 14 CFR Part 39 through Friday, except Federal holidays. comment period until March 16, 2020, The AD docket contains this NPRM, the is appropriate. [Docket No. FAA–2019–1081; Product Identifier 2019–NM–153–AD] regulatory evaluation, any comments DATES: The comment period for the received, and other information. The Notice published on December 16, 2019 RIN 2120–AA64 street address for Docket Operations is (84 FR 68353), is extended from listed above. Comments will be February 14, 2020, to March 16, 2020. Airworthiness Directives; Bombardier, available in the AD docket shortly after Inc., Airplanes ADDRESSES: You may submit comments receipt. by any of the methods identified in the AGENCY: Federal Aviation FOR FURTHER INFORMATION CONTACT: proposal. Administration (FAA), DOT. Darren Gassetto, Aerospace Engineer,

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