Federal Register / Vol. 85, No. 130 / Tuesday, July 7, 2020 / Rules and Regulations 40571 § 1650.1 Definitions. clarifies confusing or contradictory revises the definitions of other terms * * * * * language in the existing regulations. The used in the regulations to provide (b) * * * revisions are expected to reduce trade greater clarity for regulated entities. Required beginning date means the burden associated with interstate seed Other revisions in this rule update the required beginning date as defined in commerce and encourage compliance seed labeling, testing, and certification Internal Revenue Code section 401(a)(9) with State and Federal laws. requirements to reflect revised and the regulations and guidance DATES: Effective August 6, 2020. terminology, as well as the evolution of promulgated thereunder. FOR FURTHER INFORMATION CONTACT: industry practices. Finally, this rule * * * * * Ernest Allen, Director, Seed Regulatory makes several revisions of an and Testing Division, Science and administrative nature to correct PART 1651—DEATH BENEFITS Technology Program, AMS, USDA; 801 misspellings and other errors in the Summit Crossing Place, Suite C, regulations. Specific revisions are ■ 6. The authority citation for Part 1651 Gastonia, NC 28054, USA; telephone: described below. continues to read as follows: 704–810–8884; email Ernest.Allen@ Revisions Authority: 5 U.S.C. 8424(d), 8432d, usda.gov. 8432(j), 8433(e), 8435(c)(2), 8474(b)(5) and Nomenclature SUPPLEMENTARY INFORMATION: The FSA 8474(c)(1). (7 U.S.C. 1551–1611) regulates interstate The regulations specify the kinds of ■ 7. Amend § 1651.1(b) by revising the commerce of planting seeds for agricultural and vegetable seed that are definition for ‘‘Required beginning agricultural and gardening purposes. subject to regulation. This rule revises date’’ to read as follows: The FSA requires seeds to meet certain the list of agricultural seed covered by the regulation in § 201.2(h) by adding § 1651.1 Definitions. germination rate, purity, and certification standards. Under the FSA, camelina, radish, and teff to the list. * * * * * seeds must be truthfully labeled with The revisions add radish to the list of (b) * * * specific quality information. As well, seed kinds for which the variety is Required beginning date means the the FSA requires all persons shipping required on the label in § 201.10(a); add required beginning date as defined in agricultural seed in interstate commerce camelina, radish, and teff to the list of Internal Revenue Code section 401(a)(9) to maintain records of seed variety, seed kinds for which sample weights are and the regulations and guidance origin, treatment, germination, and specified in Table 1 to promulgated thereunder. purity. Regulations established under § 201.46(d)(2)(iii); add camelina, radish, * * * * * the FSA (7 CFR part 201) (regulations) and teff to the list of seed kinds for [FR Doc. 2020–13683 Filed 7–2–20; 8:45 am] implement the requirements of the FSA which germination requirements are BILLING CODE 6760–01–P and are administered by the specified in Table 2 to § 201.58(c)(3); Agricultural Marketing Service (AMS). add teff to the list of seed kinds for From time to time, AMS finds it which purity percentage tolerances are DEPARTMENT OF AGRICULTURE necessary to update the regulations to increased in § 201.60(a)(1); and add reflect current industry standards and camelina, chickpea, hemp, radish, and Agricultural Marketing Service practices and to remove obsolete sunn hemp to the list of seed kinds for references. AMS last updated the which standards related to certification 7 CFR Parts 201 and 202 regulations in 2011 (76 FR 31790). AMS are specified in Table 5 to § 201.76. To assure clear market [Doc. No. AMS–ST–19–0039] met with representatives of major seed industry stakeholder organizations in communication about seeds, the RIN 0581–AD91 February 2019 to discuss possible regulations use the Latin scientific names assigned to plants in the Revisions to the Federal Seed Act revisions to make the regulations more reflective of current industry practices International Code of Nomenclature for Regulations 1 and updated testing methods. Based on Cultivated Plants and recognized AGENCY: Agricultural Marketing Service, stakeholder input, the Seed Regulatory throughout the world. Occasionally, the USDA. and Testing Division of AMS’s Science International Union of Biological Science’s International Commission for ACTION: Final rule. and Technology Program initiated this action to update the regulations. the Nomenclature of Cultivated Plants SUMMARY: This final rule revises the AMS published a proposed rule in the revises those scientific names. This rule regulations that implement the Federal Federal Register on January 27, 2020 further revises § 201.2(h) by updating Seed Act (FSA). Revisions are made to (85 FR 4603), describing proposed the scientific names for 15 agricultural seed labeling, testing, and certification revisions and updates to the regulations. seed kinds already on the list (big requirements. The revisions add certain The proposed rule provided a 60-day bluestem, mountain brome, seed species to the lists of covered kinds public comment period ending March buffalograss, crambe, galletagrass, of seed and update the lists to reflect 27, 2020. Seven comments were guineagrass, forage kochia, browntop current scientific nomenclature; update submitted. After considering the millet, pearl millet, napiergrass, green regulations related to seed quality, comments, AMS revised some of the needlegrass, green panicgrass, bird rape, germination and purity standards, and proposals based on those comments. turnip rape, and smilo), and by adding acceptable seed testing methods; and The comments and AMS’s responses are another common name for sunn update seed certification and discussed in detail in the Comments crotalaria, one of the kinds already on recertification requirements, including section later in this document. the list. The rule also updates the new eligibility standards and the This final rule updates the lists of scientific name for tomato, which is on recognition of current breeding seed kinds which are covered by the techniques. This rule aligns FSA regulations and revises the names of 1 The International Code of Nomenclature for Cultivated Plants (ICNCP or Cultivated Plant Code), regulations with current industry several agricultural and vegetable seeds published by the International Society for practices, harmonizes FSA testing to provide updated scientific Horticultural Science. The ICNCP was most methods with industry standards, and nomenclature. This rule further adds or recently updated in 2016. VerDate Sep<11>2014 16:03 Jul 06, 2020 Jkt 250001 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 E:\FR\FM\07JYR1.SGM 07JYR1 jbell on DSKJLSW7X2PROD with RULES 40572 Federal Register / Vol. 85, No. 130 / Tuesday, July 7, 2020 / Rules and Regulations the list of vegetable seed kinds in Finally, this rule adds a new species to reflect the current names § 201.2(i). Such changes align regulatory paragraph (oo) to § 201.2 to define the recognized in the market. Where the language with current terminology and term ‘‘brand,’’ which means a name, shipment of noxious-weed seed is not nomenclature recognized in the term, sign, symbol, or design, or a prohibited under § 201.16(b), the rate of industry. combination of them that identifies seed occurrence in agricultural seed cannot Other sections of the regulations as the product of a seller or group of exceed the rate permitted by each State reference scientific names, as well. This sellers and distinguishes that seed from into which the seed is shipped or final rule updates those references by the seed of other sellers. The term’s reshipped, and the label must include revising the scientific names for definition will clarify its use in the rate of occurrence according to each quackgrass in § 201.17(a); buffalograss, § 201.36b(e). State’s requirements. See 7 CFR sunflower, small-seeded legumes, carrot, Records 201.16(a). This rule adds a new and mint in § 201.47a; legumes and § 201.30c that provides similar crucifers in 201.48(a); sunflower, carrot, The FSA regulations require seed restrictions for shipments of noxious- and mint in 201.48(f); buffalograss in shippers to maintain records and weed seed in vegetable seed in 201.48(g)(1); legumes in 201.51(a)(1); samples for each lot of agricultural and containers weighing more than one quackgrass in 201.51(b)(2)(iv) and (v); vegetable seed shipped in interstate pound. This addition supports State sunflower in 201.51(b)(4), and carrot in commerce. Sections 201.4 through laws regarding noxious-weed seed in 201.56(d). 201.7a specify the recordkeeping vegetable seed. requirements related to seed origin, Other Terminology Prior to this rule, § 201.18 specified germination testing, purity testing, and that when agricultural seeds other than Section 201.2 defines other terms treatment. This rule revises § 201.4 to the predominant kind, variety, or type used in the regulations. This rule clarify that complete records about seed named on the label are included, they updates some terms to reflect changes in treatments include records about could be collectively identified as ‘‘crop industry and AMS needs and processes. treatments such as coating, film coating, seeds’’ or ‘‘other crop seeds’’ by This rule revises the term for ‘‘person’’ encrusting, and pelleting treatments. percentage. A change to § 201.18 in § 201.2(b) to include individuals and removes the