[Federal Register Volume 61, Number 3 (Thursday, January 4, 1996)]
[Rules and Regulations]
[Pages 247-248]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-75]
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Rules and Regulations
Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
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Federal Register / Vol. 61, No. 3 / Thursday, January 4, 1996 / Rules
and Regulations
[[Page 247]]
DEPARTMENT OF AGRICULTURE
Agricultural Marketing Service
7 CFR Part 97
[Docket No. SD-95-001]
RIN 0581-AB39
Plant Variety Protection Regulations
AGENCY: Agricultural Marketing Service, USDA.
ACTION: Final rule.
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SUMMARY: The Department of Agriculture is adopting as a final rule,
with minor changes, the interim final rule that revised the Plant
Variety Protection Regulations to conform to changes made in the Plant
Variety Protection Act (PVPA). The changes will add an additional
language option to the marking and labeling provisions for varieties
that have an application pending or have received a certificate of
protection. Other changes correct outdated information and provide
consistency in language.
EFFECTIVE DATE: January 4, 1996.
FOR FURTHER INFORMATION CONTACT: Marsha A. Stanton, Commissioner, Plant
Variety Protection Office, Telephone: (301)504-5518, FAX (301)504-5291.
SUPPLEMENTARY INFORMATION:
I. Executive Order 12866; Executive Order 12778
This final rule has been reviewed under Executive Order 12866. The
rule has been determined to be not significant for the purposes of
Executive Order 12866, and, therefore, has not been reviewed by the
Office of Management and Budget.
This rule has also been reviewed under Executive Order 12778, Civil
Justice Reform. This action is not intended to have retroactive effect.
This rule will not preempt any State or local laws, regulations, or
policies, unless they present an irreconcilable conflict with this
rule. There are no administrative procedures which must be exhausted
prior to any judicial challenge to the provisions of this rule.
II. Regulatory Flexibility Act
The Administrator, Agricultural Marketing Service, has determined
that this action will not have a significant economic impact on a
substantial number of small entities as defined by the Regulatory
Flexibility Act (5 U.S.C. 601-612). The fees provided for in this
document merely reflect a minimal increase in the costs currently borne
by those entities which utilize Plant Variety Protection services.
III. Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1980 (44 U.S.C.
3501 et seq.) the information collection requirements included in 7 CFR
Part 97 have been approved previously by the Office of Management and
Budget and have been assigned OMB control number 0581-0055.
IV. Background Information
The Plant Variety Protection Act (7 U.S.C. 2321 et seq.) (PVPA)
authorizes the Secretary to issue Certificates of Plant Variety
Protection which afford variety ownership rights similar to patent
rights. As a member of the International Union for the Protection of
New Varieties of Plants (UPOV) the United States participated in
negotiations which resulted in the March 19, 1991 UPOV Convention. The
PVPA was amended on October 6, 1994 to conform to the new UPOV
Convention and the amendments became effective on April 4, 1995. The
interim rule amending 7 CFR part 97 was published at 60 FR 17188 on
April 4, 1995 with a request for comments.
One hundred four comments were received. The majority of comments
recommended a change to Sections 97.140 and 97.141, which cover
optional marking and labeling provisions for varieties that have an
application pending or have received a certificate of protection. Under
the current regulations the labeling change suggested in the comments
could be stated; but, because of the number of comments, a specific
change to the final rule has been made. The final rule specifies that
owners may label varieties pending or granted protection under the 1994
revisions with ``PVPA 1994--Unauthorized Sales for Reproductive
Purposes Prohibited''.
Seven other non-substantive changes in the final rule have been
made. The following paragraphs outline the changes which were made to
correct grammar, provide consistency, or remove outdated references.
References to the Science Division in Sections 97.2 and 97.5(c)
have been changed to ``Science and Technology Division'' to reflect the
division's name change which was effective Oct. 1, 1995.
Section 97.3(c) is revised to correct the reference to the Federal
Seed Act. The obsolete Public Law number, P.L. 92-463, is removed.
Reference to the Federal Seed Act by name is maintained.
An outdated phone number is removed from second sentence of
footnote referred to in Section 97.5(b)(4). The phone number will not
be published as part of the regulations due to the difficulty of
corrections if the phone number changes.
In Section 97.6, which deals with the requirement that the
application must be accompanied by a seed sample or verification that a
viable cell culture will be deposited in a public depository, is
revised by adding language to require verification of deposit of self-
sterile (self-incompatible) parents of hybrids. The PVPA requires
deposition of viable seed or any propagating material necessary to
reproduce the variety. The extension of protection to tuber-propagated
and first generation hybrid varieties requires deposition of material
other than basic seed. Deposition of propagating material for tuber
crops was added in the interim final rule; however, language pertaining
to hybrids whose parents are self-sterile was inadvertently omitted.
The modification to the final rule will make deposit of material to
propagate these varieties consistent with that for other types of
varieties.
Section 97.19 is revised for grammatical purposes. The second
occurrence of ``the'' is removed.
Section 97.21 is revised to be consistent with other sections of
the rule requiring a payment of fee. A fee for extensions was added in
the interim rule in section 97.15.
Finally, the authority citation is revised and simplified.
Pursuant to 5 U.S.C. 553, it is found that good cause exists for
not
[[Page 248]]
postponing the effective date of this rule until 30 days after
publication in the Federal Register because (1) the interim rule was
published in the Federal Register for public comment, (2) the changes
made in this final action are for clarity and are considered non-
substantive, and (3) no useful purpose would be accomplished in
delaying the effective date of this action.
List of Subjects in 7 CFR Part 97
Novel Seed variety certification, Plant variety and protection.
Accordingly the interim rule amending 7 CFR Part 97, which was
published at 60 FR 17188 on April 4, 1995, is adopted as a final rule
with the following changes:
PART 97--PLANT VARIETY AND PROTECTION
1. The authority citation for Part 97 is revised to read as
follows:
Authority: Plant Variety Protection Act, as amended, 7 U.S.C.
2321 et seq.; and Sec. 14, Plant Variety Protection Act amendments
of 1994, 7 U.S.C. 2401 note.
2. In Sec. 97.2, the definition for Office or Plant Variety
Protection Office is revised to read as follows:
Sec. 97.2 Meaning of words.
* * * * *
Office or Plant Variety Protection Office. The Plant Variety
Protection Office, Science and Technology Division, AMS, USDA.
* * * * *
Sec. 97.3 [Amended]
3. In Sec. 97.3, paragraph (c), the words ``(Pub. L. 92-463)'' are
removed.
4. In Sec. 97.5, paragraph (b)(4), footnote number (1) is revised
to read as follows:
Sec. 97.5 General requirements.
* * * * *
\1\ Copies and translations of foreign laws and regulations will
be requested only if they are not in the files of the Plant Variety
Protection Office. Applicants may learn whether such a request will
be made by writing to the address given in paragraph (c) of this
section.
Sec. 97.5 [Amended]
5. In Sec. 97.5(c), the second sentence is amended by adding the
words ``and Technology'' after the word ``Science''.
6. In Sec. 97.6, paragraph (d) is revised to read as follows:
Sec. 97.6 Application for certificate.
* * * * *
(d) The applicant shall submit with the application:
(1) At least 2,500 seeds of the viable basic seed required to
reproduce the variety;
(2) With the application for a tuber propagated variety,
verification that a viable cell culture has been deposited in a public
depository approved by the Commissioner and will be maintained for the
duration of the certificate; or
(3) With the application for a hybrid from self-incompatible
parents, verification that a plot of vegetative material for each
parent has been established in a public depository approved by the
Commissioner and will be maintained for the duration of the
certificate.
Sec. 97.19 [Amended]
7. In Sec. 97.19, the introductory text is amended by removing
``the'' after the words ``Journal shall show''.
Sec. 97.21 [Amended]
8. In Sec. 97.21, the second sentence is amended by adding the
words ``and appropriate fee'' immediately following the words ``A
request for extension''.
9. In Sec. 97.140, the last sentence is revised to read as follows:
Sec. 97.140 After filing.
* * * * *
Where applicable, ``PVPA 1994'' or ``PVPA 1994--Unauthorized Sales for
Reproductive Purposes Prohibited'' may be added to the notice.
10. In Sec. 97.141, the last sentence is revised to read as
follows:
Sec. 97.141 After issuance.
* * * * *
Where applicable, ``PVPA 1994'' or ``PVPA 1994--Unauthorized Sales for
Reproductive Purposes Prohibited'' may be added to the notice.
Dated: December 27, 1995.
Kenneth C. Clayton,
Acting Administrator, Agricultural Marketing Service.
[FR Doc. 96-75 Filed 1-3-96; 8:45 am]
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