[Federal Register Volume 75, Number 235 (Wednesday, December 8, 2010)]
[Rules and Regulations]
[Pages 76284-76293]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-30852]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2006-0766; FRL-8853-8]
RIN 2070-AJ28


Pesticide Tolerance Crop Grouping Program II; Revisions to 
General Tolerance Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This final rule makes revisions to the current pesticide 
tolerance crop grouping regulations which allow establishment of 
tolerances for multiple related crops, based on data from a 
representative set of crops. The final rule creates a new crop group 
for oilseeds, expands existing crop groups by adding new commodities, 
establishes new crop subgroups, and revises the representative crops in 
some groups. EPA expects these revisions to promote greater use of crop 
groupings for tolerance-setting purposes and promote global 
harmonization of food safety standards. EPA anticipates that more 
lower-risk pesticides will be able to be utilized for registration on 
minor crops, including many fruits and vegetables, because of 
availability of crop grouping tolerances. EPA determines whether

[[Page 76285]]

residues of a pesticide can be permitted once the required safety 
finding is made to establish a crop group tolerance. This is the second 
in a series of planned crop group updates expected to be promulgated 
over the next several years.

DATES: This final rule is effective February 7, 2011.

ADDRESSES: EPA has established a docket for this action under docket 
identification (ID) number EPA-HQ-OPP-2006-0766. All documents in the 
docket are listed in the docket index available at http://www.regulations.gov. Although listed in the index, some information is 
not publicly available, e.g., Confidential Business Information (CBI) 
or other information whose disclosure is restricted by statute. Certain 
other material, such as copyrighted material, is not placed on the 
Internet and will be publicly available only in hard copy form. 
Publicly available docket materials are available in the electronic 
docket at http://www.regulations.gov, or, if only available in hard 
copy, at the OPP Regulatory Public Docket in Rm. S-4400, One Potomac 
Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The Docket 
Facility is open from 8:30 a.m. to 4 p.m., Monday through Friday, 
excluding legal holidays. The Docket Facility telephone number is (703) 
305-5805.

FOR FURTHER INFORMATION CONTACT: Rame Cromwell, Field and External 
Affairs Division, Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (703) 308-9068; fax number: (703) 305-5884; e-
mail address: <a href="/cdn-cgi/l/email-protection#5e3d2c3133293b3232702c3f333b1e3b2e3f70393128"><span class="__cf_email__" data-cfemail="98fbeaf7f5effdf4f4b6eaf9f5fdd8fde8f9b6fff7ee">[email protected]</span></a>.

SUPPLEMENTARY INFORMATION: 

I. Does this action apply to me?

    You may be potentially affected by this action if you are an 
agricultural producer or food manufacturer. Potentially affected 
entities may include, but are not limited to:
    <bullet> Crop production (NAICS code 111), e.g., agricultural 
workers; greenhouse, nursery, and floriculture workers; farmers.
    <bullet> Animal production (NAICS code 112).
    <bullet> Pesticide manufacturing (NAICS code 32532).
    This listing is not intended to be exhaustive, but rather provides 
a guide for readers regarding entities likely to be affected by this 
action. Other types of entities not listed in this unit could also be 
affected. The North American Industrial Classification System (NAICS) 
codes have been provided to assist you and others in determining 
whether this action might apply to certain entities. If you have any 
questions regarding the applicability of this action to a particular 
entity, consult the person listed under FOR FURTHER INFORMATION 
CONTACT.

II. Background

A. What action is the agency taking?

    This final rule, under the provisions of section 408 of the Federal 
Food, Drug, and Cosmetic Act (FFDCA), amends EPA's regulations 
governing crop group tolerances for pesticides. Specifically, the rule: 
(1) Creates a new crop group for oilseeds; (2) expands existing crop 
groups by adding new commodities; (3) establishes new crop subgroups 
for two groups; (4) changes the representative crops for two groups; 
and (5) deletes 40 CFR 180.1(h), which addresses when tolerances apply 
to post-harvest uses.
    The crop grouping concept leads to an estimate of the maximum 
residue that could occur on any crop within the group. The minimum data 
required for a group tolerance consists of residue data for all 
representative commodities for a group. This action is intended to 
promote more extensive use of crop group tolerances and, in particular, 
will assist in making available lower-risk pesticides for minor crops 
both domestically and in countries that export food to the United 
States.
    This final rule is the second in a series of planned crop group 
updates expected to be promulgated in the next several years.

B. What is the agency's authority for taking this action?

    EPA is authorized to establish tolerances for pesticide chemical 
residues in food under FFDCA section 408. EPA establishes tolerances 
for each pesticide based on the potential risks to human health posed 
by that pesticide. A tolerance is the maximum permissible residue level 
established for a pesticide in raw agricultural produce and processed 
foods. The crop group regulations currently in 40 CFR 180.40 and 180.41 
enable the establishment of tolerances for a group of crops based on 
residue data for certain crops that are representative of the group. 
Crop group regulations are promulgated under section 408(e)(1)(C) which 
authorizes EPA to establish ``general procedures and requirements to 
implement [section 408].'' 21 U.S.C. 346a(e)(1)(C).

III. The Proposed Rule

    EPA published a notice of proposed rulemaking in the Federal 
Register of January 6, 2010 (75 FR 807). Written comments were 
solicited and were received from five parties in response to the 
proposal. Comments were received from Bayer CropScience, a commercial 
applicator, The National Sunflower Association, The California Citrus 
Quality Council and the General Administration of Quality Supervision, 
Inspection and Quarantine of the People's Republic of China.

IV. Response to Comments

    In this section EPA describes the major provisions of the proposed 
rule, the comments received on each provision, and EPA's responses to 
those comments, including EPA's determination if any modification of 
the proposed rule is warranted.

A. Crop Group 8-10: Fruiting Vegetable Group

    The final rule retains the pre-existing Crop Group 8 and adds a new 
group titled ``Crop Group 8-10 Fruiting Vegetable Group.''
    1. Add commodities. Newly added Crop Group 8-10, expands the 
fruiting vegetable crop group from the existing 6 commodities in Crop 
Group 8 to 21 commodities.
    2. Change the name. The final rule changes the name of ``Crop Group 
8 Fruiting Vegetables (Except Cucurbits)'' by dropping the 
parenthetical ``(Except Cucurbits)'' from the name.
    3. Change the name of representative commodities. The final rule 
changes the name of the representative commodities for the revised crop 
group from ``one cultivar of non-bell pepper'' to ``one cultivar of 
small nonbell pepper'' by designating a small variety of nonbell pepper 
and by deleting the hyphen from the term non-bell.
    4. Create new subgroups. The final rule retains the proposed 
addition of three subgroups to crop group 8-10.
    i. Tomato subgroup 8-10A--Representative crop. Tomato, standard 
size and one cultivar of small tomato. Eleven commodities are included 
in this subgroup.
    ii. Pepper/Eggplant subgroup 8-10B--Representative crop. Bell 
pepper and one cultivar of small nonbell pepper. Ten commodities are 
included in this subgroup.
    iii. Nonbell Pepper/Eggplant subgroup 8-10C--Representative crop. 
One cultivar of small nonbell pepper or one cultivar of small eggplant. 
Nine commodities are included in this subgroup.
    One comment was received regarding whether residue data are being 
collected on only bell pepper. The commenter asked whether tolerances 
should be

[[Page 76286]]

established for the crop subgroup 8-10B except nonbell pepper.
    EPA believes that in order to obtain a tolerance for the Pepper/
Eggplant subgroup 8-10B, residue data are required for both of the 
representative commodities, bell pepper and one cultivar of small 
nonbell pepper. Of these two commodities, small nonbell pepper is the 
commodity that will typically result in the higher residues and 
therefore, best represents expected residues for all of the commodities 
in subgroup 8-10B. However, bell pepper is included as a representative 
commodity since it is more widely grown and consumed. Therefore, if 
residue data for only bell pepper are submitted, EPA will not recommend 
a tolerance for crop subgroup 8-10B except nonbell pepper, but will 
only recommend for a tolerance on pepper, bell.
    The People's Republic of China asked EPA to clarify whether the 
``goji berry'' that is being included in Crop Group 8-10 is intended to 
cover fresh goji berry, dried goji berry, or both. China expressed the 
view that the pesticide tolerance level should be different between 
fresh and dried berry due to the different moisture contents. China 
requested that EPA specify the coefficient of conversion between dried 
and fresh goji berry if both are put into Crop Group 8-10. According to 
China, the coefficient between fresh and dried berry is approximately 
6:1 based on producing and processing practice.
    The United States generally establishes tolerances for raw 
agricultural commodities, which also apply to all processed forms of 
the same commodity. A separate tolerance for the processed commodity is 
only necessary when residues in the processed commodity may be higher 
than the raw agricultural commodity tolerance. In most cases, separate 
tolerances for processed commodities are not needed. Adding goji berry 
to Crop Group 8-10 means that future tolerances established for this 
group will apply to goji berry in all its forms, including dehydrated 
(dry) goji berry. EPA is not including in the rule the coefficient of 
conversion between dried and fresh goji berries. The information is not 
included in any U.S. tolerances and such information is unnecessary for 
the enforcement of tolerances.
    EPA adopts this proposal as final without change.

B. Crop Group 10-10: Citrus Fruit Group

    The final rule adds a new citrus crop group, but retains pre-
existing Crop Group 10 and titles it ``Crop Group 10-10 Citrus Fruit 
Group.''
    1. Add commodities. Added Crop Group 10-10 expands from the 
existing 12 commodities in Crop Group 10 to 28 commodities.
    2. Change the crop group name. The final rule changes the name of 
``Crop Group 10: Citrus Fruits Group (Citrus spp., Fortunella spp.)'' 
to ``Crop Group 10: Citrus Fruit Group.
    3. Create crop subgroups. The final rule retains the proposed 
addition of three new subgroups to newly added Crop Group 10-10.
    i. Orange Subgroup 10-10A. Representative commodities. Orange or 
Tangerine/Mandarin. Twelve commodities are included in this subgroup.
    ii. Lemon/Lime Subgroup 10-10B. Representative commodities. Lemon 
or Lime. Twelve commodities are included in this subgroup.
    iii. Grapefruit Subgroup 10-10C. Representative commodities. 
Grapefruit. Five commodities are included in this subgroup.
    EPA received no comments on this section and adopts the proposed 
changes as final without change.

C. Crop Group 11-10: Pome Fruit Group

    The final rule adds a new pome fruit crop group which is titled 
``Crop Group 11-10 Pome Fruit Group.'' Newly added crop group 11-10 
expands the pome fruit crop group, but retains pre-existing Crop Group 
11.
    Add commodities. Newly added Crop Group 11-10 expands from the 
existing 7 commodities in Crop Group 11 to 12 commodities.
    EPA received no comments on this section and adopts its proposed 
changes as final without change.

D. New Crop Group 20 Oilseed Group

    EPA received no comments on the addition of a new group, Crop Group 
20 Oilseed Group, and adopts its proposed addition without change.

E. Amendment to Definitions and Interpretations

    EPA proposed to revise the commodity definition in 40 CFR 180.1(g) 
for Citrus Group as follows:
    Tangerine = Tangerine (mandarin or mandarin orange), Clementine, 
Mediterranean mandarin, Satsuma mandarin, Tangelo, Tangor, cultivars, 
varieties and/or hybrids of these.
    No comments were submitted on this section and EPA adopts the 
change as proposed without change.

F. Amendment to 40 CFR 180.1(h)

    The final rule deletes 40 CFR 180.1(h) that reads: ``Unless 
otherwise specified, tolerances and exemptions established under the 
regulations in this part apply to residues from only preharvest 
application of the chemical.''
    One comment was received concerning how a person would know if a 
tolerance is based on pre-harvest or post-harvest use. The commenter 
asserted that growers need to know what residues they should expect 
from pre-harvest use in order to compare maximum residue limits (MRLs, 
the international term for residue standards comparable to tolerance 
regulations under U.S. law) abroad to know if such commodities may be 
exported.
    Given the enforcement concerns articulated in the proposed rule, 
EPA does not think that the commenter has provided a sufficient 
rational for maintaining 40 CFR 180.1(h). EPA does not believe that the 
issue raised by the commenter--the need to determine whether pre-
harvest residues comport with international MRLs--will often be a 
problem. The overwhelming majority of pesticide tolerances are set 
based on pre-harvest use of a pesticide. Further, EPA attempts to 
harmonize tolerances with foreign MRLs, and generally, harmonization is 
not a problem. Thus, in most cases, comparing the U.S. tolerance level 
with the international MRL will indicate to a grower that pre-harvest 
treatment of a commodity will not be inconsistent with international 
MRLs. If a grower comes across an instance where a U.S. tolerance is 
higher than a MRL and the grower thinks that a higher U.S. tolerance is 
due to a post-harvest use, the grower may contact EPA for more 
information about that particular tolerance. EPA currently collects 
valuable information about tolerances on its Web site. (http://www.epa.gov/opp00001/regulating/part-180.html#info). If information on 
what tolerances are driven by post-harvest uses turns out to be 
critical information EPA will consider adding that information to its 
Web site.
    EPA is adopting its proposal without change.

G. Other Comments

    One comment was received concerning the new crop group and crop 
subgroups; the commenter asked whether the residue chemistry guidelines 
will be updated or an EPA memorandum issued to address the number of 
trials and locations needed?
    EPA does not believe that the residue chemistry guidelines need to 
be updated at this time or a separate memorandum issued to address the 
number of trials and locations. EPA plans to update these guidelines 
when more of the crop groups are revised, as this is an ongoing

[[Page 76287]]

effort. For the present, the current residue chemistry guidelines which 
address the number of field trials and locations should still be used 
for the newly added crop groups and crop subgroups.
    The People's Republic of China suggested that this crop group rule 
should be regarded as a measure under the Agreement on Application of 
Sanitary and Phytosanitary Measures (SPS Agreement) because this crop 
grouping regulation has a direct relation on the establishment of 
pesticide tolerances. According to the WTO/SPS agreement, the U.S. 
should submit a notification to WTO. The commenter hoped that the U.S. 
will fulfill its transparency obligation and provide other members 
notice of the measure and an opportunity to comment on it.
    EPA notes that the WTO was notified of the proposed rule as of 
March 17, 2010, under the SPS Agreement. The notification, WTO Document 
G/SPS/N/USA/1980, included a link to the public docket, where the 
proposed rule can be found in its entirety.
    The People's Republic of China inquired as to the next steps after 
this revision, since the proposed revision did not specify the 
pesticide tolerances for the products. The commenter hoped that the 
U.S. would provide a timetable for the establishment of MRLs for the 
products in the revision, especially goji berry. Additionally the 
commenter asked if EPA would notify the WTO in a timely fashion and 
provide other members with a 60-day comment period when EPA establishes 
MRLs. Finally, the People's Republic of China indicated that it will 
continue to follow this issue closely and hopes to comment on any 
future tolerances for goji berry.
    No specific tolerances are established by this rule revising the 
crop group. Tolerances for pre-existing crop groups continue in effect 
and do not apply to the revised crop group.
    As discussed in Unit II.C. of the Proposed Rule (75 FR 807), 
tolerances established for revised crop groups will include the new 
crop group number (and new name, if applicable) so that it is apparent 
on the face of the tolerance regulation what commodities are covered. 
EPA will initially retain pre-existing crop groups that have been 
superseded by revised crop groups, but EPA will not establish new 
tolerances for the pre-existing groups. EPA plans to eventually convert 
tolerances for any pre-existing crop groups to tolerances with the 
coverage of the revised crop group. This conversion will be effected 
both through the registration review process and in the course of 
establishing new tolerances for a pesticide. Therefore, no specific 
fruiting vegetable group 8 pesticide tolerances will be converted to 
tolerances for fruiting vegetable group 8-10, including goji berry, 
upon codifying the revised fruiting vegetable crop group 8-10 in the 
CFR. Pesticide residues on any additional members of a revised crop 
group will not be legal until the EPA establishes a new tolerance for 
that pesticide on the revised crop group.
    EPA will propose new tolerances for the revised crop group in the 
Federal Register and provide an opportunity for public comment, 
consistent with U.S. law. The U.S. also plans to continue to notify the 
WTO of proposed tolerance actions, consistent with the WTO/SPS 
Agreement. If commenters believe that any of the tolerances that are 
proposed in the future will not be adequate for any form of a commodity 
that is in the crop group, they should submit comments and supporting 
data on the specific tolerances when they are proposed and notified.
    Another commenter noted that it would be beneficial for the 
European Union (E.U.) and North American Free Trade Agreement (NAFTA) 
crop groups to be harmonized, in much the same way as the U.S. and 
Canada are working with the Codex Committee on Pesticide Residues 
(CCPR) to harmonize NAFTA crop groups with those being developed as 
part of the revision of the Codex Classification of Foods and Feeds.
    EPA recognizes the benefits of internationally harmonized crop 
groups, and notes that the E.U. has been involved in the efforts to 
develop the Codex crop groups and to revise the NAFTA crop groups.
    Petitions submitted to the EPA to revise crop groups are developed 
by the International Crop Groupings Consulting Committee (ICGCC), which 
is an international body that includes NAFTA, Codex, and E.U. members. 
The ICGCC workgroup members provide valuable international 
perspectives, including commodity and MRL information, in developing 
crop group proposals to be submitted to the EPA. Beyond the NAFTA 
partner involvement in developing Codex crop groups, other CCPR 
delegations from the E.U. and around the world provide international 
input and participate in the process. Through the partnership with the 
CCPR, the EPA believes that the NAFTA crop group revisions are being 
harmonized with Codex to the extent possible at this time; the E.U. 
will have to ultimately determine to what degree it will align with the 
Codex crop groups that are established.
    Finally, EPA received a comment concerning ``zero tolerance'' being 
unachievable.
    The purpose of the crop revisions is to provide a vehicle to 
establish tolerances for residues of pesticides on food commodities. 
Therefore, the comment regarding ``zero tolerance'' does not apply to 
this action.

V. The Final Rule

    After fully considering all comments, EPA is promulgating the rule 
as proposed.

VI. Implementation

    When a crop group is amended in a manner that expands or contracts 
its coverage of commodities, EPA will (1) retain the pre-existing crop 
group in 40 CFR 180.41; (2) insert the revised crop group immediately 
after the pre-existing crop group in the Code of Federal Regulations; 
and (3) title the revised crop group in a way that clearly 
differentiates it from the pre-existing crop group.
    The revised crop group will retain roughly the same name and number 
as the pre-existing group except the number will be followed by a 
hyphen and the final digits of the year established. (e.g., Crop Group 
8-10).
    EPA will initially retain pre-existing crop groups that have been 
superseded by revised crop groups. EPA will not establish new 
tolerances under the pre-existing groups. Further, EPA plans to 
eventually convert tolerances for any pre-existing crop group to 
tolerances with coverage under the revised crop group. This conversion 
will be effected both through the registration review process and in 
the course of evaluating new uses for a pesticide. EPA requests that 
petitioners for tolerances address this issue in their petitions.
    For existing petitions for which a Notice of Filing has been 
published, the Agency will attempt to conform these petitions to this 
rule.

VII. Statutory and Executive Order Reviews

A. Executive Order 12866

    Under Executive Order 12866, entitled Regulatory Planning and 
Review (58 FR 51735, October 4, 1993), the Office of Management and 
Budget (OMB) has designated this proposed rule as a not-significant 
regulatory action under section 3(f) of the Executive Order.
    This action is one in a series of planned crop group updates. EPA 
prepared an analysis of the potential costs and benefits related to its 
pesticide tolerance crop grouping regulations for

[[Page 76288]]

the first crop grouping final rule, published December 7, 2007 (72 FR 
69150). This analysis is contained in ``Economic Analysis of the 
Expansion of the Crop Grouping Program.'' A copy of the analysis is 
available in the docket and is briefly summarized here.
    This is a burden-reducing regulation. Crop grouping has saved money 
by allowing the results of pesticide exposure studies for one crop to 
be applied to other, similar crops. This regulation exploits this 
opportunity for saving money by expanding certain existing crop groups 
and adding one new crop group. Crop groupings will assist in making 
available lower risk pesticides for minor crops both domestically and 
in countries that export food to the U.S. Minor crop and specialty crop 
producers will benefit because lower registration costs will encourage 
pesticide manufacturers to register more pesticides for use on minor 
and/or specialty crops, providing these growers with additional lower-
risk pesticide options. The increased coverage of tolerances to 
imported commodities may result in a larger supply of imported and 
domestically produced specialty produce at potentially lower costs and 
treated with lower-risk pesticides which also benefit consumers. EPA 
believes that data from representative crops will not underestimate the 
public exposure to pesticide residues through the consumption of 
treated crops. EPA and the Interregional Research Project Number 4 (IR-
4), will more efficiently use resources as a result of the rule. EPA 
will conserve resources if, as expected, new or expanded crop groups 
result in fewer emergency pesticide use requests from specialty crop 
growers. Further, new and expanded crop groups will likely reduce the 
number of separate risk assessments and tolerance rulemakings that EPA 
will have to conduct. Further benefits come from international 
harmonization of crop classification and nomenclature, harmonized 
commodity import and export standards and increased potential for 
resource sharing between EPA and pesticide regulatory agencies in other 
countries. Revisions to the crop grouping program will result in no 
appreciable costs or negative impacts to consumers, minor crop 
producers, specialty crop producers, pesticide registrants, the 
environment, or human health. No crop group tolerance for a pesticide 
can be established unless EPA determines that it is safe.
    An example of the benefits of crop groupings can be shown through 
the impact of changes to Crop Group 3 in a prior rulemaking (72 FR 
69150, December 7, 2007). That rulemaking expanded Crop Group 3, Bulb 
Vegetables from 7 to 25 crops, an increase of 18 from the original crop 
group. Prior to the expansion of the subgroup, adding tolerances for 
the 18 new crops would have required at least 18 field trials at a cost 
of approximately $5.4 million (assuming $300,000 per field trial), 
whereas after promulgation of the expanded group these 18 new crops 
could obtain coverage under a Crop Group 3-07 tolerance with no field 
trials in addition to those required on the representative commodities 
(which did not change with the expansion of the group). Fewer field 
trials means a greater likelihood that these commodities will obtain 
tolerance coverage under the FFDCA, aiding growers, and the 
administrative costs of both the IR-4 testing process and the EPA 
review process will be reduced.
    No comments were received on the costs or burdens. The Economic 
Analysis was not revised.

B. Paperwork Reduction Act

    This rule does not contain any new information collection 
requirements that would need approval by OMB under the provisions of 
the Paper Reduction Act (PRA), 44 U.S.C. 3501 et seq. However, the rule 
is expected to reduce mandatory paperwork due to a reduction in 
required studies. The rule will have the effect of reducing the number 
of residue chemistry studies because fewer representative crops would 
need to be tested under a crop grouping scheme, than would otherwise be 
required.

C. Regulatory Flexibility Act

    Pursuant to section 605(b) of the Regulatory Flexibility Act (RFA), 
5 U.S.C. 601 et seq., the Agency hereby certifies that this rule will 
not have a significant adverse economic impact on a substantial number 
of small entities. This rule does not have any direct adverse impacts 
on small businesses, small non-profit organizations, or small local 
governments.
    For purposes of assessing the impacts of today's rule on small 
entities, small entity is defined as: (1) A small business according to 
the small business size standards established by the Small Business 
Administration (SBA); (2) a small governmental jurisdiction that is a 
government of a city, county, town, school district or special district 
with a population of less than 50,000; and (3) a small organization 
that is any not-for-profit enterprise which is independently owned and 
operated and is not dominant in its field.
    In determining whether a rule has a significant economic impact on 
a substantial number of small entities, the impact of concern is any 
significant adverse economic impact on small entities, since the 
primary purpose of the regulatory flexibility analyses is to identify 
and address regulatory alternatives ``which minimize any significant 
economic impact of the final rule on small entities'' (5 U.S.C. 603 and 
604). Thus, an agency may certify that a rule will not have a 
significant economic impact on a substantial number of small entities 
if the rule relieves regulatory burdens, or otherwise has positive 
economic effects on all of the small entities subject to the rule.
    This rule provides regulatory relief and regulatory flexibility 
because the new or expanded crop groups ease the process for pesticide 
manufacturers to obtain pesticide tolerances on greater numbers of 
crops and make it likely that pesticides will be more widely available 
to growers for use on crops, particularly specialty crops.

D. Unfunded Mandates Reform Act

    Under Title II of the Unfunded Mandates Reform Act (UMRA), 2 U.S.C. 
1531-1538, EPA has determined that this action does not contain a 
Federal mandate that may result in expenditures of $100 million or more 
for State, local, and Tribal governments, in the aggregate, or the 
private sector in any 1 year. Accordingly, this rule is not subject to 
the requirements of sections 202, 203, 204, and 205 of UMRA.

E. Executive Order 13132

    Pursuant to Executive Order 13132, entitled Federalism (64 FR 
43255, August 10, 1999), EPA has determined that this rule does not 
have federalism implications, because it will not have substantial 
direct effects on the States, on the relationship between the national 
government and the States, or on the distribution of power and 
responsibilities among the various levels of government, as specified 
in the Order. Thus, Executive Order 13132 does not apply to this rule.

F. Executive Order 13175

    As required by Executive Order 13175, entitled Consultation and 
Coordination with Indian Tribal Governments (65 FR 67249, November 6, 
2000), EPA has determined that this rule does not have Tribal 
implications because it will not have any affect on Tribal governments, 
on the relationship between the Federal government and the Indian 
Tribes, or on the distribution of power and responsibilities between

[[Page 76289]]

the Federal government and Indian Tribes, as specified in the Order. 
Thus, Executive Order 13175 does not apply to this rule.

G. Executive Order 13045

    Executive Order 13045, entitled Protection of Children from 
Environmental Health Risks and Safety Risks (62 FR 19885, April 23, 
1997), does not apply to this rule because this action is not 
designated as an economically significant regulatory action as defined 
by Executive Order 12866 (see Unit II.A.), nor does it establish an 
environmental standard, or otherwise have a disproportionate effect on 
children.

H. Executive Order 13211

    This rule is not subject to Executive Order 13211, entitled Actions 
Concerning Regulations that Significantly Affect Energy Supply, 
Distribution, or Use (66 FR 28355, May 22, 2001) because it is not 
designated as a regulatory action as defined by Executive Order 12866 
(see Unit II.A.), nor is it likely to have any adverse effect on the 
supply, distribution, or use of energy.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA), (15 U.S.C. 272 note) directs EPA to use voluntary 
consensus standards in its regulatory activities unless to do so would 
be inconsistent with applicable law or impractical. Voluntary consensus 
standards are technical standards (e.g., materials specifications, test 
methods, and sampling procedures) that are developed or adopted by 
voluntary consensus standards bodies. This rule does not impose any 
technical standards that would require EPA to consider any voluntary 
consensus standards.

J. Executive Order 12898

    Under Executive Order 12898, entitled Federal Actions to Address 
Environmental Justice in Minority Populations and Low-Income 
Populations (59 FR 7629, February 16, 1994), the Agency has not 
considered environmental justice-related issues because this rule does 
not have an adverse impact on the environmental and health conditions 
in low-income and minority communities.

VIII. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., generally 
provides that before a rule may take effect, the Agency promulgating 
the rule must submit a rule report to each House of the Congress and 
the Comptroller General of the United States. EPA will submit a report 
containing this rule and other required information to the U.S. Senate, 
the U.S. House of Representatives, and the Comptroller General of the 
United States prior to publication of the rule in the Federal Register. 
This rule is not a ``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedures 
pesticides and pest.

    Dated: December 1, 2010.
Stephen A. Owens,
Assistant Administrator for Chemical Safety and Pollution Prevention.

0
Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

0
1. The authority citation for part 180 continues to read as follows:

    Authority:  21 U.S.C. 321(q), 346a and 371.


0
2. Section 180.1 is amended as follows:
0
a. Revise the entry for tangerine in the table in paragraph (g).
0
b. Remove paragraph (h).
0
c. Redesignate paragraphs (i) through (o) as paragraphs (h) through 
(n), respectively.
    The revised text reads as follows:


Sec.  180.1  Definitions and interpretations.

* * * * *
    (g) * * *

------------------------------------------------------------------------
                 A                                    B
------------------------------------------------------------------------
 
                              * * * * * * *
Tangerine.........................  Tangerine (mandarin or mandarin
                                     orange); clementine; Mediterranean
                                     mandarin; satsuma mandarin;
                                     tangelo; tangor; cultivars,
                                     varieties, and/or hybrids of these.
 
                              * * * * * * *
------------------------------------------------------------------------

* * * * *

0
3. Section 180.41 is amended as follows:
0
a. Remove the term ``okra,'' from paragraph (b).
0
b. Revise the paragraph heading for paragraph (c)(9).
0
c. Redesignate paragraphs (c)(10) through (c)(22) as paragraphs (c)(11) 
through (c)(23), and add a new paragraph (c)(10).
0
d. Revise the heading for newly redesignated paragraph (c)(12).
0
e. Redesignate newly redesignated paragraphs (c)(13) through (c)(23) as 
paragraphs (c)(14) through (c)(24), respectively, and add a new 
paragraph (c)(13).
0
f. Redesignate newly redesignated paragraphs (c)(15) through (c)(24) as 
paragraphs (c)(16) through (c)(25), respectively, and add new paragraph 
(c)(15).
0
g. Redesignate newly redesignated paragraph (c)(25) as paragraph 
(c)(26) and add new paragraph (c)(25).
    The amendments read as follows:


Sec.  180.41  Crop group tables.

* * * * *
    (c) * * *
    (9) Crop Group 8. Fruiting Vegetables Group.
* * * * *
    (10) Crop group 8-10. Fruiting Vegetable Group.
    (i) Representative Commodities. Tomato, standard size, and one 
cultivar of small tomato; bell pepper and one cultivar of small nonbell 
pepper.
    (ii) Commodities. The following is a list of all commodities 
included in the Crop group 8-10.

           Table 1--Crop Group 8-10: Fruiting Vegetable Group
------------------------------------------------------------------------
               Commodities                    Related crop subgroups
------------------------------------------------------------------------
African eggplant, Solanum macrocarpon L.  8-10B, 8-10C

[[Page 76290]]

 
Bush tomato, Solanum centrale J.M. Black  8-10A
Cocona, Solanum sessiliflorum Dunal.....  8-10A
Currant tomato, Lycopersicon              8-10A
 pimpinellifolium L.
Eggplant, Solanum melongena L...........  8-10B, 8-10C
Garden huckleberry, Solanum scabrum Mill  8-10A
Goji berry, Lycium barbarum L...........  8-10A
Groundcherry, Physalis alkekengi L., P.   8-10A
 grisea (Waterf.) M. Martinez, P.
 peruviana L., P. pubescens L.
Martynia, Proboscidea louisianica         8-10B, 8-10C
 (Mill.) Thell.
Naranjilla, Solanum quitoense Lam.......  8-10A
Okra, Abelmoschus esculentus (L.) Moench  8-10B, 8-10C
Pea eggplant, Solanum torvum Sw.........  8-10B, 8-10C
Pepino, Solanum muricatum Aiton.........  8-10B, 8-10C
Pepper, bell, Capsicum annuum L. var.     8-10B
 annuum, Capsicum spp.
Pepper, nonbell, Capsicum chinese Jacq.,  8-10B, 8-10C
 C. annuum L. var. annuum, C. frutescens
 L., C. baccatum L., C. pubescens Ruiz &
 Pav., Capsicum spp.
Roselle, Hibiscus sabdariffa L..........  8-10B, 8-10C
Scarlet eggplant, Solanum aethiopicum L.  8-10B, 8-10C
Sunberry, Solanum retroflexum Dunal.....  8-10A
Tomatillo, Physalis philadelphica Lam...  8-10A
Tomato, Solanum lycopersicum L., Solanum  8-10A
 lycopersicum L. var. lycopersicum.
Tree tomato, Solanum betaceum Cav.......  8-10A
Cultivars, varieties and/or hybrids of
 these.
------------------------------------------------------------------------

     (iii) Table. The following Table 2 identifies the crop subgroups 
for Crop Group 8-10, specifies the representative commodities for each 
subgroup and lists all the commodities included in each subgroup.

               Table 2--Crop Group 8-10. Subgroup Listing
------------------------------------------------------------------------
       Representative commodities                  Commodities
------------------------------------------------------------------------
  Crop subgroup 8-10A. Tomato subgroup
 
Tomato, standard size, and one cultivar  Bush tomato; cocona; currant
 of small tomato.                         tomato; garden huckleberry;
                                          goji berry; groundcherry;
                                          naranjilla; sunberry;
                                          tomatillo; tomato; tree
                                          tomato; cultivars, varieties,
                                          and/or hybrids of these.
  Crop subgroup 8-10B. Pepper/Eggplant
                subgroup
 
Bell pepper and one cultivar of small    African eggplant; bell pepper;
 nonbell pepper.                          eggplant; Martynia; nonbell
                                          pepper; okra; pea eggplant;
                                          pepino; roselle; scarlet
                                          eggplant; cultivars,
                                          varieties, and/or hybrids of
                                          these.
  Crop subgroup 8-10C. Nonbell pepper/
           Eggplant subgroup
 
One cultivar of small nonbell pepper or  African eggplant; eggplant;
 one cultivar of small eggplant.          martynia; nonbell pepper;
                                          okra; pea eggplant; pepino;
                                          roselle; scarlet eggplant;
                                          cultivars, varieties, and/or
                                          hybrids of these.
------------------------------------------------------------------------

* * * * *
    (12) Crop Group 10. Citrus Fruit Group. * * *
    (13) Crop Group 10-10. Citrus Fruit Group.
    (i) Representative commodities. Orange or Tangerine/Mandarin, Lemon 
or Lime, and Grapefruit.
    (ii) Commodities. The following is a list of all the commodities in 
Crop Group 10-10.

              Table 1--Crop Group 10-10: Citrus Fruit Group
------------------------------------------------------------------------
                 Commodities                     Related crop subgroups
------------------------------------------------------------------------
Australian desert lime, Eremocitrus glauca     10-10B
 (Lindl.) Swingle.
Australian finger lime, Microcitrus            10-10B
 australasica (F. Muell.) Swingle.
Australian round lime, Microcitrus australis   10-10B
 (A. Cunn. Ex Mudie) Swingle.
Brown River finger lime, Microcitrus papuana   10-10B
 Winters.
Calamondin, Citrofortunella microcarpa         10-10A
 (Bunge) Wijnands.
Citron, Citrus medica L......................  10-10A
Citrus hybrids, Citrus spp. Eremocitrus spp.,  10-10A
 Fortunella spp., Microcitrus spp., and
 Poncirus spp.
Grapefruit, Citrus paradisi Macfad...........  10-10C
Japanese summer grapefruit, Citrus             10-10C
 natsudaidai Hayata.
Kumquat, Fortunella spp......................  10-10B
Lemon, Citrus limon (L.) Burm. f.............  10-10B
Lime, Citrus aurantiifolia (Christm.) Swingle  10-10B

[[Page 76291]]

 
Mediterranean mandarin, Citrus deliciosa Ten.  10-10A
Mount White lime, Microcitrus garrowayae       10-10B
 (F.M. Bailey) Swingle.
New Guinea wild lime, Microcitrus warburgiana  10-10B
 (F.M. Bailey) Tanaka.
Orange, sour, Citrus aurantium L.............  10-10A
Orange, sweet, Citrus sinensis (L.) Osbeck...  10-10A
Pummelo, Citrus maxima (Burm.) Merr..........  10-10C
Russell River lime, Microcitrus inodora (F.M.  10-10B
 Bailey) Swingle.
Satsuma mandarin, Citrus unshiu Marcow.......  10-10A
Sweet lime, Citrus limetta Risso.............  10-10B
Tachibana orange, Citrus tachibana (Makino)    10-10A
 Tanaka.
Tahiti lime, Citrus latifolia (Yu. Tanaka)     10-10B
 Tanaka.
Tangelo, Citrus x tangelo J.W. Ingram & H.E.   10-10A, 10-10C
 Moore.
Tangerine (Mandarin), Citrus reticulata        10-10A
 Blanco.
Tangor, Citrus nobilis Lour..................  10-10A
Trifoliate orange, Poncirus trifoliata (L.)    10-10A
 Raf.
Uniq fruit, Citrus aurantium Tangelo group...  10-10C
Cultivars, varieties and/or hybrids of these.
------------------------------------------------------------------------

    (iii) Table. The following Table 2 identifies the crop subgroups 
for Crop Group 10-10, specifies the representative commodities for each 
subgroup and lists all the commodities included in each subgroup.

               Table 2--Crop Group 10-10: Subgroup Listing
------------------------------------------------------------------------
       Representative commodities                  Commodities
------------------------------------------------------------------------
 Crop Subgroup 10-10A. Orange subgroup
 
Orange or tangerine/mandarin...........  Calamondin; citron; citrus
                                          hybrids; mediterranean
                                          mandarin; orange, sour;
                                          orange, sweet; satsuma
                                          mandarin; tachibana orange;
                                          tangerine (mandarin); tangelo;
                                          tangor; trifoliate orange;
                                          cultivars, varieties, and/or
                                          hybrids of these.
    Crop Subgroup 10-10B. Lemon/Lime
                subgroup
 
Lemon or lime..........................  Australian desert lime;
                                          Australian finger lime;
                                          Australian round lime; brown
                                          river finger lime; kumquat;
                                          lemon; lime; mount white lime;
                                          New Guinea wild lime; Russell
                                          River lime; sweet lime; Tahiti
                                          lime; cultivars , varieties,
                                          and/or hybrids of these.
    Crop Subgroup 10-10C. Grapefruit
                subgroup
 
Grapefruit.............................  Grapefruit; Japanese summer
                                          grapefruit; pummelo; tangelo;
                                          uniq fruit; cultivars,
                                          varieties, and/or hybrids of
                                          these.
------------------------------------------------------------------------

* * * * *
    (15) Crop group 11-10. Pome Fruit Group.
    (i) Representative commodities. Apple and Pear
    (ii) Commodities. The following is a list of all the commodities in 
Crop Group 11-10.

             Crop Group 11-10: Pome Fruit Group--Commodities
 
 
 
Apple, Malus domestica Borkh.
Azarole, Crataegus azarolus L.
Crabapple, Malus sylvestris (L.) Mill., M. prunifolia (Willd.) Borkh.
Loquat, Eriobotrya japonica (Thunb.) Lindl.
Mayhaw, Crataegus aestivalis (Walter) Torr. & A. Gray, C. opaca
Hook. & Arn., and C. rufula Sarg.
Medlar, Mespilus germanica L.
Pear, Pyrus communis L.
Pear, Asian, Pyrus pyrifolia (Burm. f.) Nakai var. culta (Makino) Nakai
Pseudocydonia sinensis (Thouin) C.K. Schneid.
Quince, Cydonia oblonga Mill.
Quince, Chinese, Chaenomeles speciosa (Sweet) Nakai,
Quince, Japanese, Chaenomeles japonica (Thunb.) Lindl. ex Spach
Tejocote, Crataegus mexicana DC.
Cultivars, varieties and/or hybrids of these.
 


[[Page 76292]]

* * * * *
    (25) Crop Group 20. Oilseed Group.
    (i) Representative commodities. Rapeseed (canola varieties only); 
sunflower, seed and cottonseed.
    (ii) Table. The following Table 1 lists all the commodities listed 
in Crop Group 20 and identifies the related crop subgroups and includes 
cultivars and/or varieties of these commodities.

                  Table 1--Crop Group 20: Oilseed Group
------------------------------------------------------------------------
                                                           Related crop
                      Commodities                           subgroups
------------------------------------------------------------------------
Borage, Borago officinalis L...........................             20A
Calendula, Calendula officinalis L.....................             20B
Castor oil plant, Ricinus communis L...................             20B
Chinese tallowtree, Triadica sebifera (L.) Small.......             20B
Cottonseed, Gossypium hirsutum L. Gossypium spp........              20C
Crambe, Crambe hispanica L.; C. abyssinica Hochst. ex               20A
 R.E. Fr...............................................
Cuphea, Cuphea hyssopifolia Kunth......................             20A
Echium, Echium plantagineum L..........................             20A
Euphorbia, Euphorbia esula L...........................             20B
Evening primrose, Oenothera biennis L..................             20B
Flax seed, Linum usitatissimum L.......................             20A
Gold of pleasure, Camelina sativa (L.) Crantz..........             20A
Hare's ear mustard, Conringia orientalis (L.) Dumort...             20A
Jojoba, Simmondsia chinensis (Link) C.K. Schneid.......             20B
Lesquerella, Lesquerella recurvata (Engelm. ex A. Gray)             20A
 S. Watson.............................................
Lunaria, Lunaria annua L...............................             20A
Meadowfoam, Limnanthes alba Hartw. ex Benth............             20A
Milkweed, Asclepias spp................................             20A
Mustard seed, Brassica hirta Moench, Sinapis alba L.                20A
 subsp. Alba...........................................
Niger seed, Guizotia abyssinica (L.f.) Cass............             20B
Oil radish, Raphanus sativus L. var. oleiformis Pers...             20A
Poppy seed, Papaver somniferum L. subsp. Somniferum....             20A
Rapeseed, Brassica spp.; B. napus L....................             20A
Rose hip, Rosa rubiginosa L............................             20B
Safflower, Carthamus tinctorious L.....................             20B
Sesame, Sesamum indicum L., S. radiatum Schumach. &                 20A
 honn..................................................
Stokes aster, Stokesia laevis (Hill) Greene............             20B
Sunflower, Helianthus annuus L.........................             20B
Sweet rocket, Hesperis matronalis L....................             20A
Tallowwood, Ximenia americana L........................             20B
Tea oil plant, Camellia oleifera C. Abel...............             20B
Vernonia, Vernonia galamensis (Cass.) Less.............             20B
Cultivars, varieties, and/or hybrids of these..........
------------------------------------------------------------------------

     (iii) Table. The following Table 2 identifies the crop subgroups 
for Crop Group 20, specifies the representative commodities for each 
subgroup and lists all the commodities included in each subgroup.

                Table 2--Crop Group 20: Subgroup Listing
------------------------------------------------------------------------
       Representative commodities                  Commodities
------------------------------------------------------------------------
  Crop subgroup 20A. Rapeseed subgroup
 
Rapeseed, canola varieties only........  Borage; crambe; cuphea; echium;
                                          flax seed; gold of pleasure;
                                          hare's ear mustard;
                                          lesquerella; lunaria;
                                          meadowfoam; milkweed; mustard
                                          seed; oil radish; poppy seed;
                                          rapeseed; sesame; sweet rocket
                                          cultivars, varieties, and/or
                                          hybrids of these.
 Crop subgroup 20B. Sunflower subgroup
 
Sunflower, seed........................  Calendula; castor oil plant;
                                          chinese tallowtree; euphorbia;
                                          evening primrose; jojoba;
                                          niger seed; rose hip;
                                          safflower; stokes aster;
                                          sunflower; tallowwood; tea oil
                                          plant; vernonia; cultivars,
                                          varieties, and/or hybrids of
                                          these.
 Crop subgroup 20C. Cottonseed subgroup
 
Cottonseed.............................  Cottonseed; cultivars,
                                          varieties, and/or hybrids of
                                          these.
------------------------------------------------------------------------

* * * * *
[FR Doc. 2010-30852 Filed 12-7-10; 8:45 am]
BILLING CODE 6560-50-P


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