[Federal Register Volume 60, Number 64 (Tuesday, April 4, 1995)]
[Rules and Regulations]
[Page 16979]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-8096]
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Rules and Regulations
Federal Register
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This section of the FEDERAL REGISTER contains regulatory documents
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Federal Register / Vol. 60, No. 64 / Tuesday, April 4, 1995 / Rules
and Regulations
[[Page 16979]]
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection Service
7 CFR Part 201
[Docket No. 95-004-1]
Federal Seed Act Regulations
AGENCY: Animal and Plant Health Inspection Service, USDA.
ACTION: Final rule.
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SUMMARY: We are amending the Federal Seed Act regulations to remove the
staining requirements for seed of alfalfa and red clover imported into
the United States. The removal of the requirements is necessary to make
the regulations conform to the amendment of the Federal Seed Act by the
Uruguay Round Agreements Act. This action relieves a restriction on the
importation of alfalfa and red clover seed into the United States.
EFFECTIVE DATE: April 4, 1995.
FOR FURTHER INFORMATION CONTACT: Ms. Polly Lehtonen, Botanist,
Biological Assessment and Taxonomic Support, Operational Support, Plant
Protection and Quarantine, APHIS, USDA, 4700 River Rd., Unit 133,
Riverdale, MD 20737-1228, (301) 734-8896.
SUPPLEMENTARY INFORMATION:
Background
We are amending the Federal Seed Act Regulations in 7 CFR part 201
(referred to below as the regulations) by removing the provisions
concerning staining of seed of alfalfa and red clover imported into the
United States.
Legislation implementing the Uruguay Round of the General
Agreements on Tariffs and Trade (referred to below as the Uruguay Round
Agreements Act), Pub. L. 103-465, amended the Federal Seed Act by
removing staining requirements in 7 U.S.C. 1581, 1582, 1585, and 1586
for seed imported into the United States. As a result, the Animal and
Plant Health Inspection Service no longer has authority to require such
staining under the regulations.
We are, therefore, amending the regulations by removing
Secs. 201.104 through 201.106, which contain provisions for staining.
As a result of this action, no seeds of red clover and alfalfa imported
into the United States for propagation will need to be stained prior to
entry.
Immediate Action
The Administrator of the Animal and Plant Health Inspection Service
has determined that good cause exists to publish this final rule
without prior notice and opportunity for public comment.
The staining requirements for seed of alfalfa and red clover
imported into the United States must be removed as a result of the
statutory amendments discussed above.
This action relieves a restriction on the importation of alfalfa
and red clover seed into the United States. Since prior notice and
other public procedures with respect to this final rule are
impracticable, unnecessary, and contrary to the public interest, and
since this regulatory change is mandated by Congress, there is good
cause under 5 U.S.C. 553 for making this final rule effective upon
publication.
Executive Order 12866 and Regulatory Flexibility Act
This rule has been reviewed under Executive Order 12866. The rule
has been determined to be not significant for purposes of Executive
Order 12866 and, therefore, has not been reviewed by the Office of
Management and Budget.
This final rule removes the staining requirement for alfalfa and
red clover seed that is imported into the United States. This action
will save importers of alfalfa seed and red clover seed from certain
countries the relatively small cost of staining the seed.
Under these circumstances, the Administrator of the Animal and
Plant Health Inspection Service has determined that this action will
not have a significant economic impact on a substantial number of small
entities.
Executive Order 12278
This rule has been reviewed under executive Order 12778, Civil
Justice Reform. This rule: (1) Preempts all State and local laws and
regulations that are inconsistent with this rule; (2) has no
retroactive effect; and (3) does not require administrative proceedings
before parties may file suit in court challenging this rule.
Paperwork Reduction Act
This rule contains no information collection or recordkeeping
requirements under the Paperwork Reduction Act of 1980 (44 U.S.C. 3501
et seq.).
List of Subjects in 7 CFR Part 201
Advertising, Agricultural commodities, Imports, Labeling, Reporting
and recordkeeping requirements, Seeds, Vegetables.
Accordingly, 7 CFR part 201 is amended as follows:
PART 201--FEDERAL SEED ACT REGULATIONS
1. The authority citation for part 201 continues to read as
follows:
Authority: 7 U.S.C. 1582.
PART 201--[AMENDED]
2. Part 201 is amended by removing Secs. 201.104, 201.105, and
201.106, and redesignating Secs. 201.107, 201.108, and 201.109 as
Secs. 201.104, 201.105, and 201.106, respectively.
Done in Washington, DC, this 28th day of March 1995.
Terry L. Medley,
Acting Administrator, Animal and Plant Health Inspection Service.
[FR Doc. 95-8096 Filed 4-3-95; 8:45 am]
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