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.