Federal Register / Vol. 76, No. 106 / Thursday, June 2, 2011 / Rules and Regulations 31787 

Maine 

York 

Survey Area 

Maine: 

York 

Area of application. Survey area plus: 

Maine: 

Cumberland 

Kennebec 

Penobscot 

New Hampshire: 

Rockingham 

Vermont: 

Windsor 

* * * * * 

[FR Doc. 2011–13701 Filed 6–1–11; 8:45 am] 

BILLING CODE 6325–39–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 51 

[Doc. # AMS–FV–08–0023] 

United States Standards for Grades of 

Potatoes 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Final rule. 

SUMMARY: This rule revises the United 

States Standards for Grades of Potatoes. 

These standards are issued under the 

Agricultural Marketing Act of 1946. The 

Agricultural Marketing Service (AMS) is 

amending the similar varietal 

characteristic requirement to allow 

mixed colors and/or types of potatoes 

when designated as a mixed or specialty 

pack. Additionally, AMS is adding 

restrictive tolerances for permanent 

defects in the en route/at destination 

tolerances, removing the unneeded 

definition for injury, and clarifying the 

scoring guide for sprouts. AMS is also 

adding table numbers to the definitions 

of ‘‘Damage,’’ ‘‘Serious Damage,’’ and 

‘‘External Defects,’’ amending table 

headings, replacing omitted language in 

the definition for bruises and amending 

language in the tolerance section to 

ensure soft rot tolerances are applied 

correctly. The purpose of this revision is 

to update and revise the standards to 

more accurately represent today’s 

marketing practices and to clarify 

existing language. 

DATES: Effective June 3, 2011. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Carl Newell, Standardization and 

Training Section, Fresh Products 

Branch, (540) 361–1120. The United 

States Standards for Grades of Potatoes 

are available through the Fresh Products 

Branch Web site at http:// 

www.ams.usda.gov/freshinspection. 

SUPPLEMENTARY INFORMATION: 

Executive Order 12866 and 12988 

The Office of Management and Budget 

has waived the review process required 

by Executive Order 12866 for this 

action. This rule has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. This action is not 

intended to have retroactive effect. 

There are no administrative procedures 

which must be exhausted prior to any 

judicial challenge to the provisions of 

the rule. 

Regulatory Flexibility Act and 

Paperwork Reduction Act 

Pursuant to the requirements set forth 

in the Regulatory Flexibility Act (RFA) 

(5 U.S.C. 601–612) and in the 

Paperwork Reduction Act (PRA), AMS 

has considered the economic impact of 

the amended actions on small entities. 

The purpose of the RFA is to fit 

regulatory actions to the scale of 

businesses subject to such actions in 

order that small businesses will not be 

unduly or disproportionately burdened. 

Accordingly, AMS has prepared this 

final regulatory flexibility analysis. 

Interested parties are invited to submit 

information on the regulatory and 

informational impacts of these actions 

on small businesses. 

This rule revises the U.S. Standards 

for Grades of Potatoes that were issued 

under the Agricultural Marketing Act of 

1946 (7 U.S.C. 1621–1627). Standards 

issued under the 1946 Act are 

voluntary. 

Small agricultural service firms, 

which include handlers and importers, 

have been defined by the Small 

Business Administration (SBA) (13 CFR 

121.201) as those having annual receipts 

of less than $7,000,000, and small 

agricultural producers are defined as 

those having annual receipts of less than 

$750,000. Using annual data from the 

National Agricultural Statistics Service 

(NASS), the average potato crop value 

for 2006–2008 was $3.482 billion. 

Dividing that figure by 15,014 farms 

yields an average potato crop value per 

farm of just under $232,000. Since this 

is well under the SBA threshold of 

annual receipts of $750,000, it can be 

concluded that the majority of these 

producers may be classified as small 

entities. Furthermore, there are 

approximately 180 handlers of potatoes 

and approximately 168 importers of 

potatoes that may be classified as small 

entities and may be affected by this rule. 

Additional evidence comes from 

closely examining the Agricultural 

Census acreage breakdown. Out of a 

total of 15,014 potato farms in 2007, 19 

percent were less than 10 acres and 66 

percent were less than 100 acres. An 

estimate of the number of acres that it 

would take to produce a crop valued at 

$750,000 can be made by dividing the 

2006–08 average crop value of $3.482 

billion by the three-year average bearing 

acres of 1.097 million, yielding an 

average potato revenue per acre estimate 

of $3,174. Dividing $750,000 by $3,174 

shows that farms with 236 acres 

received at least the average price in 

2006–08 producing crops valued at 

$750,000 or more, and would therefore 

be considered large potato farms under 

the SBA definition. Looking at farm 

numbers for additional census size 

categories shows that 11,718 potato 

farms (78 percent) are under 220 acres 

and 11,994 (80 percent) are less than 

260 acres. Since a farm with 236 acres 

of potatoes falls within this range, it can 

be concluded that the proportion of 

small potato farms under the SBA 

definition is between 78 and 80 percent 

of all U.S. potato farms. The effects of 

this rule are not expected to be 

disproportionately greater or smaller for 

small handlers, producers, or importers 

than for larger entities. 

This rule will amend the similar 

varietal characteristic requirement, add 

restrictive tolerances for permanent 

defects in the enroute/at destination 

tolerances, remove the definition for 

injury, and clarify the scoring guides for 

sprouts. Additionally, this rule will add 

table numbers to the definitions of 

‘‘Damage,’’ ‘‘Serious Damage,’’ and 

‘‘External Defects,’’ amend table 

headings, replace omitted language in 

the definition for bruises, and amend 

the tolerance section to ensure soft rot 

tolerances are applied correctly. These 

actions will make the standard more 

consistent and uniform with marketing 

trends and practices. These actions will 

not impose any additional reporting or 

recordkeeping requirements on either 

small or large potato producers, 

handlers, or importers. 

USDA has not identified any Federal 

rules that duplicate, overlap, or conflict 

with this rule. However, there are 

marketing programs which regulate the 

handling of potatoes under 7 CFR parts 

945–948 and 953. Potatoes under a 

marketing order have to meet certain 

requirements set forth in the grade 

standards. In addition, potatoes are 

subject to section 8e import 

requirements under the Agricultural 

Marketing Act of 1937, as amended (7 

U.S.C. 601–674) which requires 

imported potatoes to meet grade, size, 

and quality under the applicable 

marketing order (7 CFR part 980). 


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31788 Federal Register / Vol. 76, No. 106 / Thursday, June 2, 2011 / Rules and Regulations 

Alternatives to this rule were 

considered including the option of not 

issuing the rule. However, the need for 

revision has increased as a result of 

changing market characteristics, and 

this final rule represents input from the 

potato industry. 

A proposed rule regarding these 

revisions to the United States Standards 

for Grades of Potatoes was published in 

the Federal Register on April 30, 2010 

[75 FR 22707]. A comment period of 

thirty days was issued which closed 

June 1, 2010. 

Comments 

In response to the request for 

comments, AMS received comments 

from nine respondents. Six comments 

were from national or state trade 

associations representing potato 

growers, shippers, and receivers, of 

which two supported the proposal and 

four partially supported the proposal. 

One supporting comment was from a 

nationwide produce retail chain. 

Another supporting comment was from 

a foreign government agency 

representing its agricultural inspection 

service. One comment came from a nonsupporting consumer, who opposed the 

proposal in general without providing 

any specific information. Additionally, 

one national trade association proposed 

an additional revision. 

AMS proposed to amend the similar 

varietal characteristic requirement to 

allow mixed colors and/or types of 

potatoes when designated as a mixed or 

specialty pack. Supporting comments 

were received from five national or state 

trade associations representing potato 

growers, shippers, and receivers, one 

nationwide produce retail chain, and 

one foreign government agency. One 

supportive commenter stated that there 

should only be a U.S. No. 1 mixed or 

specialty pack as allowing a U.S. No. 2 

mixed or specialty pack downgrades the 

pack. The same commenter also 

suggested only allowing mixed colors 

and not mixed types of potatoes. AMS 

believes that allowing for both U.S. No. 

1 and No. 2 mixed grade potatoes and 

to be mixed colors and/or types of 

potatoes allows for the appropriate 

amount of flexibility within the industry 

to meet current demand of consumers. 

Therefore, no changes were made to the 

standards based on these suggestions. 

One objection came from a state trade 

association that believes consumers will 

prepare potatoes from the same 

container using one cooking step. This 

respondent does not find it acceptable 

for packers and repackers of Idaho 

potatoes to allow mixed types that 

perform differently, when cooked, to be 

packed in one bag. However, there were 

seven supporting commenters that 

believed that allowing mixed colors 

and/or types of potatoes when 

designated as a mixed or specialty pack 

will bring the standards in sync with 

current marketing practices and 

consumer demands in the United States 

and Canada. AMS agrees with these 

seven commenters. Therefore, AMS is 

revising the similar varietal 

characteristic requirement as proposed. 

AMS also proposed to add restrictive 

tolerances for permanent defects in the 

en route/at destination tolerances. Two 

national trade associations representing 

potato growers and receivers and one 

nationwide produce retail chain 

supported the proposal. Four national 

and state trade associations representing 

potato growers and shippers opposed 

this revision. The opposing commenters 

believe that the new language will add 

confusion to the standards by causing 

market inspectors to misinterpret the 

difference between condition and 

permanent defects. Also, since 

permanent defects do not change over 

time, these commenters believe the 

restrictive tolerances are unnecessary. 

On March 21, 2008, a final rule was 

published in the Federal Register (73 

FR 15052) that added ‘‘en route’’ or ‘‘at 

destination’’ tolerances to the U.S. No. 1 

and No. 2 grades. Prior to that 

rulemaking, there were only shipping 

point tolerances: For U.S. No. 1 a total 

of 8 percent, and for U.S. No. 2 a total 

of 10 percent. En route/at destination 

tolerances added for U.S. No. 1 potatoes 

allowed a total of 10 percent permanent 

defects, and for U.S. No. 2 potatoes a 

total of 12 percent permanent defects. 

AMS did not add restrictive tolerances 

to the en route/at destination tolerances 

in the 2008 final rule. Therefore 2 

percent more permanent defects were 

allowed for both U.S. No. 1 and No. 2 

between shipping point and at 

destination. This rulemaking adds a 

restrictive tolerance of not more than 8 

percent for permanent defects in the 

U.S. No. 1 tolerances and not more than 

10 percent for permanent tolerances in 

U.S. No. 2 that will ensure that shipping 

point and en route/at destination 

tolerances are properly the same. 

In addition, AMS proposed to clarify 

the scoring guide for sprouts. Two 

national trade associations representing 

growers and receivers, one nationwide 

produce retail chain, and one foreign 

government agency were in favor of, but 

four national or state trade associations 

expressed concern regarding the phrase 

‘‘or have numerous individual and/or 

clusters of sprouts which materially 

detract from the appearance of the 

potato.’’ Those commenters opposed to 

the change stated that the wording is too 

subjective and may nullify the length 

requirements for shipping point and 

destination. Currently, the wording in 

the standards can be interpreted to 

allow any cluster, no matter how small, 

to not only be scored as damage but also 

as serious damage. To ensure clarity, 

AMS proposed that clusters must be 

numerous and must materially or 

seriously detract from the appearance 

before being scored. Further, numerous 

individual sprouts that do not exceed 

the length requirements were also 

included. AMS believes that even 

though a potato may have sprouts, 

either individuals and/or clusters, not 

exceeding the length requirements, the 

appearance can be materially or 

seriously affected due to the sprouts 

being so numerous. Additionally, 

scoring numerous individual and/or 

clusters of sprouts based on materially 

or seriously detracting from the 

appearance does not nullify the length 

requirements for single individual 

sprouts or clusters. Therefore, AMS is 

revising the scoring guideline for 

sprouts as proposed. 

Finally, one commenter pointed out 

that although AMS proposed to replace 

the omission of ‘‘or 6 oz.’’ in the 

definition of bruises in Table III— 

External Defects, it appears to be already 

included in this definition within the 

Standards. Upon further analysis, AMS 

determined that ‘‘or 6 oz.’’ was never 

omitted, and therefore does not need to 

be added back into the standards. 

However, the language ‘‘21⁄2 inch or’’ in 

the bruises definition was in fact 

inadvertently omitted as part of a 

previous rulemaking (73 FR 70585; 

November 21, 2008) but appear in the 

Standards. This rulemaking action is 

intended to rectify this error. 

Therefore, AMS will revise the 

following as proposed: Remove the 

definition for injury, add table numbers 

to the definitions of ‘‘Damage,’’ ‘‘Serious 

Damage,’’ and ‘‘External Defects,’’ amend 

table headings, replace omission of ‘‘21⁄2

inch or’’ in the definition for bruises, 

and amend language in the tolerance 

section to ensure soft rot tolerances are 

applied correctly. 

In addition to the comments on these 

proposed revisions, one national trade 

association representing potato receivers 

suggested that AMS reinstitute the 1 

percent soft rot en route/at destination 

tolerance for the U.S. No. 1 and U.S. No. 

2 grades. This proposal is outside the 

scope of this rulemaking but may be 

considered at a later time. 

List of Subjects in 7 CFR Part 51 

Agricultural commodities, Food 

grades and standards, Fruits, Nuts, 


jlentini on DSK4TPTVN1PROD with RULES
Federal Register / Vol. 76, No. 106 / Thursday, June 2, 2011 / Rules and Regulations 31789 

Reporting and recordkeeping 

requirements, Trees, Vegetables. 

For reasons set forth in the preamble, 

7 CFR part 51 is amended as follows: 

PART 51—[AMENDED] 

■ 1. The authority citation for part 51 

continues to read as follows: 

Authority: 7 U.S.C. 1621–1627. 

■ 2. In § 51.1541, paragraph (a) is 

revised to read as follows: 

§ 51.1541 U.S. No. 1. 

* * * * * 

(a) Similar varietal characteristics, 

except when designated as a mixed or 

specialty pack; 

* * * * * 

■ 3. In § 51.1543, paragraph (a) is 

revised to read as follows: 

§ 51.1543 U.S. No. 2. 

* * * * * 

(a) Similar varietal characteristics, 

except when designated as a mixed or 

specialty pack; 

* * * * * 

■ 4. In § 51.1546, paragraph (a) is 

revised to read as follows: 

§ 51.1546 Tolerances. 

* * * * * 

(a) For defects—(1) U.S. No. 1. (i) At 

Shipping Point: A total of 8 percent for 

potatoes in any lot which fail to meet 

the requirements for the grade: 

Provided, That included in this 

tolerance not more than the following 

percentages shall be allowed for the 

defects listed: 

(A) 5 percent for external defects; 

(B) 5 percent for internal defects; and 

(C) Not more than a total of 1 percent 

for potatoes which are frozen or affected 

by soft rot or wet breakdown. See 

§ 51.1547. 

(ii) En route or at destination: A total 

of 10 percent for potatoes in any lot 

which fail to meet the requirements for 

the grade: Provided, That included in 

this tolerance not more than a total of 

8 percent shall be allowed for 

permanent defects: And provided 

further, the following percentages shall 

be allowed for the defects listed: 

(A) 7 percent for external defects, 

including therein not more than 5 

percent for permanent external defects; 

(B) 7 percent for internal defects, 

including therein not more than 5 

percent for permanent internal defects; 

and 

(C) Not more than a total of 2 percent 

for potatoes which are frozen or affected 

by soft rot or wet breakdown. See 

§ 51.1547. 

(2) U.S. Commercial: A total of 20 

percent for potatoes in any lot which 

fail to meet the requirements for the 

grade: Provided, That included in this 

tolerance not more than the following 

percentages shall be allowed for the 

defects listed: 

(i) 10 percent for potatoes which fail 

to meet the requirements for U.S. No. 2 

grade, including therein not more than: 

(ii) 6 percent for external defects; 

(iii) 6 percent for internal defects; and 

(iv) Not more than a total of 1 percent 

for potatoes which are frozen or affected 

by soft rot or wet breakdown. See 

§ 51.1547. 

(3) U.S. No. 2. (i) At Shipping Point: 

A total of 10 percent for potatoes in any 

lot which fail to meet the requirements 

for the grade: Provided, That included 

in this tolerance not more than the 

following percentages shall be allowed 

for the defects listed: 

(A) 6 percent for external defects; 

(B) 6 percent for internal defects; and 

(C) Not more than a total of 1 percent 

for potatoes which are frozen or affected 

by soft rot or wet breakdown. See 

§ 51.1547. 

(ii) En route or at destination: A total 

of 12 percent for potatoes in any lot 

which fail to meet the requirements for 

the grade: Provided, That included in 

this tolerance not more than a total of 

10 percent shall be allowed for 

permanent defects: And provided 

further, the following percentages shall 

be allowed for the defects listed: 

(A) 8 percent for external defects, 

including therein not more than 6 

percent for permanent external defects; 

(B) 8 percent for internal defects, 

including therein not more than 6 

percent for permanent internal defects; 

and 

(C) Not more than a total of 2 percent 

for potatoes which are frozen or affected 

by soft rot or wet breakdown. See 

§ 51.1547. 

* * * * * 

§ 51.1559 [Removed and Reserved] 

■ 5. Section 51.1559 is removed and 

reserved. 

■ 6. Section 51.1560 is revised to read 

as follows: 

§ 51.1560 Damage. 

‘‘Damage’’ means any defect, or any 

combination of defects, which 

materially detracts from the edible or 

marketing quality, or the internal or 

external appearance of the potato, or 

any external defect which cannot be 

removed without a loss of more than 5 

percent of the total weight of the potato. 

See Tables III, IV, V and VI in § 51.1564 

and Table VII in § 51.1565. 

■ 7. Section 51.1561 is revised to read 

as follows: 

§ 51.1561 Serious damage. 

‘‘Serious damage’’ means any defect, 

or any combination of defects, which 

seriously detracts from the edible or 

marketing quality, or the internal or 

external appearance of the potato, or 

any external defect which cannot be 

removed without a loss of more than 10 

percent of the total weight of the potato. 

See Tables III, IV, V and VI in § 51.1564 

and Table VII in 5§ 1.1565. 

■ 8. Section 51.1564 is amended by: 

■ A. Amending the introductory text by 

removing the reference ‘‘Table III’’, and 

by adding the reference ‘‘Tables III, IV, 

V and VI’’, in its place. 

■ B. Amending Table III by revising the 

column headings; and 

■ C. Amending Table III by revising the 

entries for ‘‘Bruises (Not including 

pressure bruise and sunken discolored 

areas)’’ and ‘‘Sprouts’’. 

The revisions read as follows. 

§ 51.1564 External defects. 

* * * * * 

TABLE III—EXTERNAL DEFECTS

Defects Damage Serious damage1

*******

Bruises (Not including 

pressure bruise and 

sunken discolored 

areas).

When removal causes a loss of more than 5 percent of 

the total weight of the potato or when the area affected 

is more than 5 percent of the surface in the aggregate 

(i.e., 3⁄4 inch on a 21⁄2 inch or 6 oz. potato). Correspondingly lesser or greater areas in smaller or larger potatoes.

When removal causes a loss of more than 10 percent of 

the total weight of the potato or when the area affected 

is more than 10 percent of the surface in the aggregate 

(i.e., 11⁄4 inches on a 21⁄2 inch or 6 oz. potato). Correspondingly lesser or greater areas in smaller or larger 

potatoes. 


jlentini on DSK4TPTVN1PROD with RULES
31790 Federal Register / Vol. 76, No. 106 / Thursday, June 2, 2011 / Rules and Regulations 

TABLE III—EXTERNAL DEFECTS—Continued 

Defects Damage Serious damage1

*******

Sprouts ........................ When more than 5 percent of the potatoes in any lot have 

any sprout more than 1⁄4 inch in length at shipping 

point; more than 1⁄2 inch in length at destination; or 

have numerous individual and/or clusters of sprouts 

which materially detract from the appearance of the potato.

When more than 10 percent of the potatoes in any lot 

have any sprout more than 1⁄2 inch in length at shipping 

point; more than 1 inch in length at destination; or have 

numerous individual and/or clusters of sprouts which seriously detract from the appearance of the potato. Serious damage by sprouts shall only be scored against the 

U.S. Commercial and U.S. No. 2 grades. 

* * * * * * * 

1The following defects are considered serious damage when present in any degree: 1. Freezing. 2. Late blight. 3. Ring rot. 4. Southern bacterial wilt. 5. Soft rot. 6. Wet breakdown. 

§ 51.1565 [Amended] 

■ 9. Section 51.1565 is amended by: 

■ A. Amending the introductory text by 

removing the reference ‘‘Table IV’’, and 

by adding the reference ‘‘Table VII’’, in 

its place; and 

■ B. Amending Table VII by removing 

the column heading ‘‘Damage maximum 

allowed’’ and adding the column 

heading ‘‘Damage Maximum Allowed’’ 

in its place, and by removing the 

column heading ‘‘Serious damage 

maximum allowed’’, and by adding the 

column heading ‘‘Serious Damage 

Maximum Allowed’’ in its place. 

Dated: May 24, 2011. 

Rayne Pegg, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. 2011–13485 Filed 6–1–11; 8:45 am] 

BILLING CODE 3410–02–P 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

7 CFR Part 201 

[Doc. No. AMS–LS–08–0002] 

RIN 0581–AC74 

Federal Seed Act Regulations 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Final rule. 

SUMMARY: AMS is revising the Federal 

Seed Act (FSA) regulations. The rule 

amends the list of prohibited noxiousweed seeds to reflect the recent addition 

of four species, deletion of two species, 

and changes in the nomenclature of four 

species listed in the Federal Noxious 

Weed Act (FNWA). The rule updates the 

seed labeling regulations, noxious-weed 

seed tolerances, seed testing regulations, 

and seed certification regulations. The 

rule also revises the nomenclature of 

kinds regulated under the FSA and 

corrects several minor errors. The list of 

noxious-weed seeds is amended to help 

prevent the spread of these highly 

destructive weeds. The labeling 

regulations and noxious-weed seed 

tolerances are amended to prevent 

potential conflicts with State 

regulations, reflect currently used terms, 

and reflect current industry practices. 

The seed testing and seed certification 

regulations are amended to incorporate 

the latest in seed testing and seed 

certification knowledge and to prevent 

potential conflicts with State 

regulations. 

DATES: Effective July 5, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Richard C. Payne, Chief, Seed 

Regulatory and Testing Branch, 

Livestock and Seed Program, AMS, 801 

Summit Crossing Place, Suite C, 

Gastonia, North Carolina 28054–2193; 

telephone (704) 810–8884; fax (704) 

852–4109; e-mail 

richard.payne@ams.usda.gov. 

SUPPLEMENTARY INFORMATION: 

Executive Order 12866 

This final rule has been reviewed 

under Executive Order 12866. This rule 

has been determined to be not 

significant and, therefore, has not been 

reviewed by the Office of Management 

and Budget (OMB). 

Executive Order 12988 

The final rule has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. It is not intended to 

have a retroactive effect. The 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 that must be exhausted prior 

to judicial challenge to the provision of 

this rule. 

Regulatory Flexibility Act and 

Paperwork Reduction Act 

AMS has certified that this action will 

not have a significant impact on a 

substantial number of small entities as 

defined in the Regulatory Flexibility Act 

(5 U.S.C. 601–612). Many small entities 

ship seed in interstate commerce. There 

are about 3,095 interstate shippers. 

Small agricultural service firms, which 

include interstate shippers, are defined 

by the Small Business Administration as 

those whose annual receipts are less 

than $7,000,000 (13 CFR 121.201). We 

estimate that about 90 percent of the 

interstate shippers are small entities. 

Shippers, including small entities, 

usually test and subsequently package 

and label seed to comply with both the 

FSA and State seed laws. This is 

possible because the testing 

requirements of the State laws are 

similar or the same as those of the FSA. 

Therefore, a single test provides 

information necessary to comply with 

both State seed laws and the FSA. 

Changing the seed testing and seed 

certification regulations will reconcile 

State and Federal seed testing and seed 

certification procedures. Moreover, 

using similar or the same testing 

procedures will reduce the burden on 

small entities shipping seed in interstate 

commerce because a test used for 

interstate commerce could also be used 

in intrastate commerce. 

Adding four species to the list of 

seeds that are noxious in seed shipped 

in interstate commerce will not 

significantly impact small entities by 

adding additional costs for seed testing, 

because all seed must currently be 

examined for 93 noxious-weed seeds 

listed in the FSA regulations and those 

listed in the State laws to be compliant 

with the FSA. (The FSA requires that 

seed shipped in interstate commerce 

comply with the noxious-weed seed 

requirements of that State into which 

the seed is shipped.) Therefore, any 

examination for the weed seeds being 

added will be in conjunction with 

examinations that already occur for 

State noxious-weed seeds. Updating the 

noxious-weed seed tolerances to be 

uniform with those required by State 


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