28920 Federal Register / Vol. 72, No. 99 / Wednesday, May 23, 2007 / Proposed Rules 

Commodity Parts per million 

Cattle, meat .................... 0.05 

Cattle, meat byproducts 0.05 

Cotton, gin byproducts ... 55.0 

Cotton, undelinted seed 2.0 

Goat, fat .......................... 0.05 

Goat, meat ...................... 0.05 

Goat, meat byproducts ... 0.05 

Horse, fat ........................ 0.05 

Horse, meat .................... 0.05 

Horse, meat byproducts 0.05 

Milk ................................. 0.01 

Sheep, fat ....................... 0.05 

Sheep, meat ................... 0.05 

Sheep, meat byproducts 0.05 

* * * * * 

FR Doc. 07–2561 Filed 5–22–07; 8:45 am 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2006–0766; FRL–8126–1] 

[RIN 2070–AJ28] 

Pesticide Tolerance Crop Grouping 

Program; Proposed Expansion 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Proposed rule. 

SUMMARY: EPA is proposing revisions to 

its pesticide tolerance crop grouping 

regulations, which allow establishment 

of tolerances for multiple related crops, 

based on data from a representative set 

of crops. The present revision would 

create a new crop group for edible fungi 

(mushrooms), expand existing crop 

groups by adding new commodities, 

establish new crop subgroups, and 

revise the representative crops in some 

groups. Additionally, EPA is revising 

the generic crop group regulation to add 

a subsection explaining how the Agency 

will implement revisions to crop 

groups. EPA expects these revisions to 

promote greater use of crop groupings 

for tolerance-setting purposes and, in 

particular, will assist in retaining or 

making available pesticides for minor 

crop uses. This is the first in a series of 

planned crop group updates expected to 

be proposed over the next several years. 

DATES: Comments must be received on 

or before July 23, 2007. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2006–0766, by 

one of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• Mail: Office of Pesticide Programs 

(OPP) Regulatory Public Docket (7502P), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001. 

• Delivery: OPP Regulatory Public 

Docket (7502P), Environmental 

Protection Agency, Rm. S–4400, One 

Potomac Yard (South Building), 2777 S. 

Crystal Drive, Arlington, VA. Deliveries 

are only accepted during the Docket’s 

normal hours of operation (8:30 a.m. to 

4 p.m., Monday through Friday, 

excluding legal holidays). Special 

arrangements should be made for 

deliveries of boxed information. The 

Docket telephone number is (703) 305–

5805. 

Instructions: Direct your comments to 

docket ID number EPA–HQ–OPP–2006–

0766. EPA’s policy is that all comments 

received will be included in the docket 

without change and may be made 

available on-line at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through regulations.gov or email. The Federal regulations.gov 

website is an ‘‘anonymous access’’

system, which means EPA will not 

know your identity or contact 

information unless you provide it in the 

body of your comment. If you send an 

e-mail comment directly to EPA without 

going through regulations.gov, your email address will be automatically 

captured and included as part of the 

comment that is placed in the docket 

and made available on the Internet. If 

you submit an electronic comment, EPA 

recommends that you include your 

name and other contact information in 

the body of your comment and with any 

disk or CD-ROM you submit. If EPA 

cannot read your comment due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider your comment. 

Electronic files should avoid the use of 

special characters, any form of 

encryption, and be free of any defects or 

viruses. 

Docket: All documents in the docket 

are listed in the docket index. Although 

listed in the index, some information is 

not publicly available, e.g., 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 either 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 

Building), 2777 S. Crystal Drive, 

Arlington, VA. The hours of operation 

of this Docket Facility are from 8:30 a.m. 

to 4 p.m., Monday through Friday, 

excluding legal holidays. The Docket 

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: 

cromwell.rame@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Action Apply to Me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer. 

Potentially affected entities may 

include, but are not limited to: 

• Crop production (NAICS code 111), 

e.g., agricultural workers; greenhouse, 

nursery, and floriculture workers; 

farmers. 

• Animal production (NAICS code 

112), e.g., cattle ranchers and farmers, 

dairy cattle farmers, livestock farmers. 

• Food manufacturing (NAICS code 

311), e.g., agricultural workers; farmers; 

greenhouse, nursery, and floriculture 

workers; ranchers; pesticide applicators. 

• Pesticide manufacturing (NAICS 

code 32532), e.g., agricultural workers; 

commercial applicators; farmers; 

greenhouse, nursery, and floriculture 

workers; residential users. 

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. 

B. What Should I Consider as I Prepare 

My Comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through 

www.regulations.gov or e-mail. Clearly 

mark the part or all of the information 

that you claim to be CBI. For CBI 


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information in a disk or CD ROM that 

you mail to EPA, mark the outside of the 

disk or CD ROM as CBI and then 

identify electronically within the disk or 

CD ROM the specific information that is 

claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

2. Tips for preparing your comments. 

When submitting comments, remember 

to: 

i. Identify the document by docket ID 

number and other identifying 

information (subject heading, Federal 

Register date, and page number). 

ii. Follow directions. The Agency may 

ask you to respond to specific questions 

or organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

iii. Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

iv. Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

v. If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

vi. Provide specific examples to 

illustrate your concerns and suggest 

alternatives. 

vii. Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

viii. Make sure to submit your 

comments by the comment period 

deadline identified. 

II. Background 

A. Tolerance-Setting Requirements and 

Petition from USDA IR-4 Program to 

Expand the Existing Crop Grouping 

System 

EPA is authorized to establish 

tolerances for pesticide chemical 

residues in food under section 408 of 

the Federal Food, Drug and Cosmetic 

Act (FFDCA) (21 U.S.C. 346a). 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 pesticides 

in raw agricultural produce and 

processed foods. Tolerances are 

observed carefully by growers, pesticide 

users, processors, and food marketers. 

Food that contains residues of a 

pesticide for which there is no tolerance 

is considered to be adulterated. The U.S. 

Food and Drug Administration and the 

U.S. Department of Agriculture together 

enforce the EPA’s tolerance limits. 

Adulterated food is not permitted in 

commerce. 

To establish a tolerance, a petition is 

submitted to the Agency requesting the 

tolerance and furnishing information on 

the chemical identity and composition 

of the pesticide, its use pattern on the 

crop, toxicity data, and extensive 

residue data on the nature of the residue 

and the residue levels resulting from the 

proposed use pattern. The residue 

chemistry data requirements (40 CFR 

158.240) have been identified as a 

limiting factor in making pesticide 

licensing and tolerance decisions for 

minor crops. This is particularly critical 

for low acreage minor crops where the 

expense and time investment for 

satisfying the residue chemistry 

requirements may preclude a registrant 

from petitioning the Agency for an 

individual crop tolerance for that use. A 

tolerance may be proposed for an 

individual commodity such as oranges 

or lemons, or for a group of related 

commodities in a crop group such as the 

citrus crop group. 

The crop grouping regulations (40 

CFR 180.41) enables the establishment 

of tolerances for a group of crops based 

on residue data for certain crops that are 

representative of the group. The crop 

grouping concept leads to an estimate of 

maximum level of 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. 

For example, for Crop Group 12 the 

stone fruits group, the representative 

commodities are sweet cherry or tart 

cherry; peach; and plum or fresh prune 

(Prunus domestica, Prunus spp.). Crop 

group 12 includes the following 

commodities: Apricot; cherry; cherry, 

tart; nectarine; peach; plum; plum, 

chickasaw; plum, damsom; plum, 

Japanese; plumcot; prune (fresh). Once 

the group tolerance is established, the 

tolerance level applies to all agricultural 

commodities within the group. It is also 

possible to request a crop group 

tolerance with a particular member of 

the crop excluded. An example of 

exclusion to a crop group would be a 

tolerance for the Stone Fruit group 12, 

except peach. In this crop group residue 

data for cherry and plum are used to 

establish a group tolerance for the stone 

fruit group except peach. 

This proposed rule builds on a related 

crop grouping system initially 

established via regulation on December 

6, 1962 (27 FR 12100). That initial crop 

grouping scheme has been subsequently 

replaced and improved upon on two 

separate occasions (June 29, 1983 (48 FR 

29855) and May 17, 1995 (60 FR 

26626)). The May 1995 amendments 

established the current crop grouping 

scheme and presented the crop groups 

in tables. Subgroups were also created 

for 8 of the 19 crop groups, new 

commodities were added to existing 

groups and some representative 

commodities were revised. This 

provided petitioners with more 

flexibility in obtaining supporting 

residue data. During the rulemaking 

process for the 1995 amendments, EPA 

received comments requesting the 

inclusion of additional crop groups in 

the crop grouping scheme for crops such 

as oil seed crops, subtropical fruits, and 

tropical fruits. Those proposed changes 

were determined to be beyond the scope 

of the 1995 rulemaking. Nonetheless, 

EPA welcomed the opportunity to 

evaluate additional crop group and 

subgroup proposals submitted by 

interested parties for future 

consideration. 

In 2002, a nation wide cooperative 

effort called the USDA Inter-regional 

Research Project No.4 (IR-4), along with 

the governments of Canada and Mexico 

held the first International Crop 

Grouping Symposium. One conclusion 

from the symposium was that EPA’s 

crop group regulation should be 

updated to incorporate more than 500 

‘‘orphan crops’’ (both domestic and 

imported) which are not currently 

members of a crop group. The 

symposium also recommended that 

many of the existing crop groups in the 

crop group regulation be revised to 

facilitate harmonization of crop groups 

and simplification of commodity 

terminology for establishing Maximum 

Residue Levels (MRLs) internationally. 

The full proceedings from this 

symposium are available at http:// 

www.ir4.rutgers.edu/Other/ 

USDACropGroupingSymposium.pdf. 

The International Crop Groupings 

Consulting Committee (ICGCC) was 

subsequently convened and is presently 

composed of over 180 crop, 

agrichemical and regulatory experts 

representing more than 40 countries, 

including the United States, Canada and 

the European Union (EU) members. The 

goal of the ICGCC is to harmonize 

international crop groupings and to that 

end, involves NAFTA. At the request of 

IR-4, the ICGCC reviews proposals for 

revised or new crop groups and 

develops crop petitions to submit to the 

EPA. The review process is conducted 

by an ICGCC workgroup which validates 

the crop group, subgroup, and 

commodities (including adding or 

deleting commodities), and provides 


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commodity information including 

cultural, nutritional, and medicinal 

information. The group makes MRL 

comparisons with Codex and EU crop 

classification and evaluates world 

production on relevant commodities. 

Within this process, growers and 

commodity experts provide valuable 

input on commodities and international 

members provide specific information 

on the commodities grown in their 

countries and regions which provides 

perspectives on harmonization 

approaches. The ICGCC prepares 

commodity monographs for each 

specific crop group as well as 

information tables for crop group 

comparison. The draft crop grouping 

petition is then examined by the 

workgroup and the final petition is 

submitted by USDA IR-4 to EPA for 

analysis. 

Today’s proposal is based upon three 

petitions developed by the ICGCC 

workgroup and submitted to EPA by IR4. These petitions and the monographs 

supporting them have been included in 

the docket for the proposed rule. EPA 

expects that a series of additional 

petitions seeking amendments and 

changes to the crop groupings 

regulations (40 CFR 180.41) will 

originate from the ICGCC workgroup 

over the next few years. 

EPA believes that this proposal is a 

burden-reducing regulation. It will 

provide for greater sharing of data by 

permitting the results from magnitude of 

residue field trial studies in one crop to 

be applied to other similar crops. The 

primary beneficiaries are minor crop 

producers and consumers. Minor crop 

producers will benefit because lower 

registration costs will encourage more 

products to be registered on minor 

crops, providing additional tools for 

pest control. Consumers are expected to 

benefit by having more affordable and 

abundant food products available. 

Secondary beneficiaries are pesticide 

registrants. Expanded markets for 

pesticide products will lead to increased 

sales. EPA’s position is that data from 

representative crops will not 

underestimate the public exposure to 

pesticide residues through the 

consumption of treated crops. The IR-4 

Project and EPA, which are publicly 

funded Federal government entities, 

will also more efficiently use some 

resources as a result of the rule. 

Revisions to the crop grouping scheme 

will result in no appreciable costs or 

negative impacts to consumers, minor 

crop producers, pesticide registrants, 

the environment, or human health. 

There is also a growing international 

need for harmonizing crop groupings as 

the benefits of work sharing become 

more apparent. 

B. International Considerations 

1. NAFTA partner involvement in this 

proposal. EPA’s Chemistry Science 

Advisory Council (ChemSAC), an 

internal Agency peer review committee, 

provided a detailed analysis for each 

proposed crop group to Canada’s Pest 

Management Regulatory Agency 

(PMRA), IR-4, and the government of 

Mexico for their review and comment 

and invited these parties to participate 

in the ChemSac meeting to finalize the 

report. 

EPA scientists will present the 

amended crop grouping to PMRA’s 

Science Management Committee (SMC) 

for their evaluation. EPA will provide a 

‘‘reviewer’s guide’’ describing the crop 

grouping amendments and explaining 

how to express the changes to the crop 

group in the Federal Register to IR-4 

and PMRA in support of 

implementation and to inform the 

regulatory community. 

2. Relationship of this proposal to 

Codex activities. In 2004 and 2005, 

Canada and the U.S. Codex delegation 

discussed possible opportunities that a 

linkage of the USDA IR-4 crop group 

initiative with ongoing limited revisions 

of the Codex system of Classification of 

Foods and Animal Feeds could bring to 

harmonizing MRL recommendations. In 

December 2005, the NAFTA TWG 

executive agreed that the United States 

and Canada should work together to 

advance incorporation of U.S. and 

Canadian bilateral activities on crop 

groups into the CCPR Codex work. 

Involvement by NAFTA TWG member 

countries in the Codex process will 

facilitate the adoption of the ICGCC crop 

groups, thereby providing a mechanism 

for developing residue data using 

representative crops at the international 

level. Standardization of commodity 

terminology within the global context 

and the adoption of Codex MRLs 

representative of the ICGCC Crop 

Groups will greatly facilitate 

international guideline harmonization. 

As a result of these efforts, minor crop 

growers will have easier access to crop 

protection tools by an improved 

extrapolation from representative crops 

to other crops in the same crop group, 

while a broader harmonization will 

minimize impediments to trade. 

EPA believes that NAFTA partners 

will pursue such programmatic changes. 

PMRA will in parallel undertake to 

follow its procedures under the 

authority of Canada’s Pest Control 

Products (PCP) Act (2002) to publish its 

regulatory directives. These regulatory 

documents will be used to update the 

Residue Chemistry Guidelines of each 

NAFTA member country. Once the new 

or updated crop groups become effective 

in the United States, Mexico will have 

them as a reference for the 

establishment of maximum residue 

limits in Mexico. 

III. Specific Proposed Revisions 

This section explains the proposed 

revisions to the crop group regulations. 

A. Phasing out Pre-existing Crop Groups 

Amending pre-existing crop groups 

may result in uncertainty as to the status 

of crop group tolerances established 

prior to such an amendment as well as 

confusion in distinguishing between 

groups established before and after the 

amendment. This problem is 

particularly acute when the amendment 

adds or removes commodities from the 

coverage of the crop group. To avoid 

potential confusion, EPA is proposing to 

amend the generic crop group 

regulations to include an explicit 

scheme for how revised crop groups 

will be organized in the regulations. 

In brief, EPA is proposing that, 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 § 180.41; (2) 

insert the revised crop group 

immediately after the pre-existing crop 

group in the CFR; and (3) title the 

revised crop group in a way that clearly 

differentiates it from the pre-existing 

crop group. 

Under the proposed nomenclature the 

revised crop group will retain roughly 

the same name and number as the preexisting group except that the number 

will be followed by a hyphen and the 

final two digits of the year it is 

established. For example, today EPA is 

proposing to revise Crop Group 3: Bulb 

Vegetables (Allium spp.) Group. The 

revised group will be titled Crop Group 

3-07: Bulb Vegetables Group. Dropping 

‘‘(Allium spp.)’’ reflects the revised 

character of the group. 

Where additions to a crop group make 

the pre-existing crop group name 

misleading, EPA will amend the name 

as well as the number. For example, 

today EPA is proposing to revise Crop 

Group 13: Berries Group. The revised 

group will be titled Crop Group 13-07: 

Berries and Small Fruit Group. This 

change is necessary because of the 

addition of commodities to this group. 

Tolerances established for revised 

crop groups will include the new 

number (and new name, if applicable) 

so that it is apparent on the face of the 

tolerance regulation what commodities 

are covered. Similarly, it will be clear 

what tolerances for pre-existing crop 


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Federal Register / Vol. 72, No. 99 / Wednesday, May 23, 2007 / Proposed Rules 28923 

groups are covered since these existing 

tolerance regulations use the preexisting crop group names. 

Although EPA will initially retain 

pre-existing crop groups that have been 

superceded 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 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 

preparing new risk assessments for a 

pesticide. To this end, EPA requests that 

petitioners for tolerances address this 

issue in their petitions. For example, 

assuming EPA adopts the amendment to 

Crop Group 3: Bulb Vegetables (Allium 

spp.) Group, any tolerance petition for 

a pesticide that has a Group 3 tolerance 

should include a request that the Group 

3 tolerance be amended to a Group 3- 

07 tolerance, since the representative 

commodities are equivalent. When all 

crop group tolerances for a superceded 

crop group have been revised or 

removed, EPA will remove the 

superceded group from § 180.41. 

B. Group 3-07: Bulb Vegetables Group 

EPA is proposing to revise the bulb 

vegetables crop group in the following 

manner. EPA will retain the pre-existing 

Crop Group 3 and title the revised group 

as Crop Group 3-07. 

1. Add commodities. EPA proposes to 

amend the existing Crop Group 3 from 

7 to 25 commodities. The existing crop 

group consists of the following seven 

commodities: (1) Garlic (Allium sativum 

L. var.sativum); (2) Garlic, great-headed 

(elephant) (Allium ampeloprasm L. var 

ampleloprasum); (3) Leek 

(Alliumporrum L.); (4) Onion, dry bulb 

and green, (Allium cepa L. var. cepa); 

(5) Onion, Welsh, (Allium fistulosm L.); 

(6) Shallot, bulb (Allium cepa var. 

aggregatum G. Don); and (7) Shallot, 

fresh leaves (Allium cepa 

var.aggregatum G. Don). 

The 18 commodities EPA proposes to 

add to the group are: (1) Chive, fresh 

leaves (Allium schoenoprasum L.); (2) 

Chive, Chinese, fresh leaves (Allium 

tuberosum Rottler ex. Spreng.); (3) 

Daylily, bulb (Hemerocallis fulva L.) (L. 

var. fulva); (4) Elegans hosta (Hosta 

Sieboldiana (Hook) Engl); (5) Fritillaria, 

bulb, (Fritillaria L. fritillary); (6) 

Fritillaria, leaves (Fritillaria L. fritillary); 

(7) Garlic, serpent, bulb, (Allium 

sativum var. ophioscorodon); (8) Kurrat 

(Allium kurrat Schweinf. ex. K. Kause) 

(9) Lady’s leek (Allium cernuum Roth); 

(10) Lily, bulb (Lilium spp. (Lilium 

Leichtlinii var maximowiczii, Lilium 

lancifolium)); (11) Onion, Beltsville 

bunching (Allium x proliferum 

(Moench) Schrad. Ex. Willd); (12) 

Onion, Chinese, bulb (Allium chinense 

G. Don.); (13) Onion, fresh (Allium 

fistulosum L. var. caespitosum Makino); 

(14) Onion, macrostem (Allium 

macrostemom Bunge); (15) Onion, pearl 

(Allium porrum var. sectivum); (16) 

Onion, potato, bulb (Allium cepa L. var. 

aggregatum G. Don); (17) Onion, tree, 

tops (Allium x proliferum (Moench) 

Schrad. ex. Willd.); and (18) Wild leek 

(Allium tricoccum Aiton). 

Commodities are being added to this 

crop group for several reasons. EPA is 

now able to place many minor or 

specialty crops that were considered 

‘‘orphan crops’’ into an appropriate crop 

group. The publication of the ‘‘Food and 

Feed Crops of the United States’’

includes over 690 crops and provides 

the necessary information. Additionally, 

increased demand for these minor fruits 

and vegetables by U.S. growers and 

consumers, particularly immigrants, 

drives the need for pest control tools 

and thus the need to group crops. 

Increasing the variety of available pest 

control tools for a crop enables U.S. 

growers to develop integrated pest 

management programs (IPM), which can 

minimize pest resistance for these high 

cash value alternative crops. 

2. Change the names of representative 

commodities. EPA proposes to change 

the names of the representative 

commodities for the crop group by 

designating onion, bulb and onion, 

green as the representative 

commodities. The representative 

commodities for the group are currently 

listed as onion, green and onion dry 

bulb. This change merely adopts current 

commodity name designations. 

3. Create crop subgroups. EPA 

proposes to add two crop subgroups to 

the revised crop group. The subgroups 

are: 

i. Subgroup 3-07-A. Bulb onion 

subgroup. Representative crop. Onion, 

bulb. Eleven commodities are included 

in this subgroup: Daylily, bulb; 

Fritillaria, bulb; Garlic, bulb; Garlic 

great-headed, bulb; Garlic, serpent, bulb; 

Lily, bulb; Onion, bulb; Onion, Chinese, 

bulb; Onion, pearl; Onion, potato, bulb; 

Shallot, bulb. 

ii. Subgroup 3-07-B. Green onion 

subgroup. Representative crop. Onion, 

green. Fifteen commodities are included 

in this subgroup: Chive, fresh leaves; 

Chive, Chinese, fresh leaves; Elegans 

hosta; Fritillaria, leaves; Kurrat; Lady’s 

leek; Leek; Leek, wild; Onion, Beltsville 

bunching; Onion, fresh; Onion, green; 

Onion, macrostem; Onion, tree, tops; 

Onion, Welsh; Shallots, fresh leaves. 

Creation of subgroups provides 

flexibility in the establishment of crop 

group tolerances which can be 

important for international 

harmonization. EPA has determined 

that residue data on the designated 

representative crops will provide 

adequate information on residue levels 

in crops and subgroups. This 

determination is based on similarities in 

cultural practices, edible food portions 

(bulb vs. leaves), the fact that none of 

these crops are used as animal feed 

items, as well as existing data on 

residue levels in these crops. 

4. Change the format. EPA proposes 

to convert the current narrative format 

of the existing group to tabular form. 

This format will make it easier to read 

and understand. 

5. Change the name. EPA is proposing 

to drop the descriptor ‘‘(Allium spp.)’’

from the name because, commodities 

not in Allium spp. are now included in 

the group. 

C. Crop Group 13-07: Berry and Small 

Fruit Group 

EPA is proposing to revise and 

expand the berries crop group in the 

following manner. EPA will retain preexisting Crop Group 13 and title the 

revised group as Crop Group 13-07. 

1. Add commodities. Crop Group 13 

currently contains the following 11 

commodities: (1) Blackberries (Rubus 

eubatus); (2) Blueberry, highbush; (3) 

Blueberry, lowbush (Vaccinium spp.); 

(4) and (5) Currant, black and red(Ribes 

nigrum L., Ribes rubrum L.); (6) 

Elderberry (Sambucus spp.); (7) 

Gooseberry, (Ribes spp.); (8) 

Huckleberry, (Gaylussacia spp.); (9) 

Loganberry (Rubus loganobaccus L.H. 

Bailey); and (10) and (11) Raspberry, 

black and red (Rubus cccidentalis L., 

Rubus strigosus Michx., Rubusidaeus 

L.). 

EPA proposes to expand Crop group 

13 by adding 36 commodities as 

follows: (1) Amur River grape (Vitis 

amurensis Rupr (Vitaceae)); (2) Aronia 

berry (Aronia spp. (Rosaceae)); (3) 

Bayberry (Myrica spp. (Myricaceae)) (4) 

Bearberry (Arctostaphylos uva-ursi (L.) 

Spreng (Ericaceae)); (5) Bilberry 

(Vaccinium myrtillus L. (Ericaceae )); (6) 

Buffalo Currant (Ribes aureum Pursh. 

(Grossulariaceae)); (7) Buffaloberry 

(Shepherdia argentea (Pursh) 

Nutt.(Eleagnaceae)); (8) Che (Cudrania 

tricuspidata Bur. ex Lavallee 

(Moraceae)); (9) Chilean guava (Myrtus 

ugni Mol. (Myrtaceae)); (10) 

Chokecherry (Prunus virginiana L. 

(Rosaceae)); (11) Cloudberry (Rubus 

chamaemorus L. (Rosaceae)); (12) 

Cranberry (Vaccinium macrocarpon 

Aiton (Ericaceae)); (13) European 

barberry (Berberis vulgaris L. 

(Berberidaceae)); (14) Grape (Vitis spp. 


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(Vitaceae)); (15) Highbush cranberry, 

(Viburnum opulus L. var. Americanum 

Aiton (Caprifoliaceae)); (16) 

Honeysuckle, edible (Lonicera caerula 

L. var. emphyllocalyx Nakai 

(Caprifoliaceae)); (17) Jostaberry (Ribes 

x nidigrolaria Rud. Bauer & A. Bauer. 

Grossulariaceae (Saxifragaceae)); (18) 

Juneberry (including Saskatoon 

Berry)(Amelanchier spp. (Rosaceae)); 

(19) Kiwifruit, fuzzy (Actinidia deliciosa 

(A. Chev.) C.F. Liang & A.R. Ferguson 

(Actinidaceae)); (20) Kiwifruit, hardy 

(Actinidia arguta (Siebold & Zucc.) 

Planch. Ex Miq (Actinidaceae)); (21) 

Lingonberry (Vaccinium vitis-idaea L. 

(Ericaceae)); (22) Maypop (Passiflora 

incarnata L. (Passifloraceae)); (23) 

Mountain Pepper Berries (Tasmannia 

lanceolata (Poir.) A.C. 

Sm.(Winteraceae)); (24) (Mulberry 

(Morus spp. (Moraceae)); (25) Muntries 

(Kunzea pomifera F. Muell. 

(Myrtaceae)); (26) (Native currant 

(Acrotriche depressa R. Br. 

(Epacridaceae)); (27) Partridgeberry 

(Mitchella repens L. (Rubiaceae)); (28) 

Phalsa (Grewia subinaequalis DC. 

(Tiliaceae)); (29) Pincherry (Prunus 

pensylvanica L. f. (Rosaceae)); (30) 

Riberry (Syzygium luehmannii 

(Myrtaceae)); (31) Salal (Gaultheria 

shallon Pursh (Ericaceae)); (32) 

Schisandra berry (Schisandra chinensis 

(Turcz.) Baill. (Schisandraceae)); (33) 

Sea buckthorn (Hippophae rhamnoides 

L. (Eleagnaceae)); (34) Serviceberry 

(Sorbus spp. (Rosaceae)); (35) 

Strawberry (Fragaria x ananassa 

Duchesne, (Rosaceae)) and (36) Wild 

raspberry (Rubus muelleri Lefevre ex 

P.J. Mull (Rosaceae)). 

The proposed addition of crops to this 

crop group is based on reasons similar 

to those for expanding the bulb 

vegetable group. Additionally, newer 

varieties of specialty berries and small 

fruits have become available for grower 

and homeowner use that were not 

previously in this crop group. These 

commodities have similarities in 

cultural practices, edible food portions 

(mostly berries) and residue levels. 

2. Change the crop group name. EPA 

proposes to change the name of ‘‘Crop 

Group 13: Berries Group’’ to ‘‘Crop 

Group 13-07: Berry and small fruit 

group.’’ This name change reflects the 

addition of the new commodities to the 

group. 

3. Revise the existing subgroups. EPA 

is proposing that revised Crop Group 

13-07 have two subgroups. Subgroup 

13-07-A is similar to existing Subgroup 

13-A except that wild raspberry has 

been added. Wild raspberry, like the 

other members of this subgroup, is a 

member of the genus ‘‘Rubus spp.,’’and 

the members of this genus have a 

similar fruit structure and are cultivated 

as shrubs. 

EPA proposes to revise the Bushberry 

subgroup 13-B by adding 9 additional 

commodities for a total of 16 as follows 

in the revised Bushberry subgroup 13- 

07-B: (1) Aronia berry (2) Blueberry, 

highbush, and cultivars and/or hybrids 

of these (3) Blueberry, lowbush (4) 

Buffalo currant (5) Chilean guava (6) 

Currrant, black and currant red (7) 

Elderberry (8) European barberry (9) 

Gooseberry (10) Highbush cranberry (11) 

Honeysuckle, edible (12) Huckleberry 

(13) Jostaberry (14) Native currant (15) 

Salal (16) Sea Buckthorn. 

The crops proposed to be added to 

this subgroup are all maintained as 

bushes and all have edible exposed 

berries. They are all similar in plant 

biology and cultural practices and are 

likely to have similar pest problems and 

the need for pest control products with 

similar use patterns. 

4. Create new subgroups. EPA 

proposes to add six new subgroups to 

revised Crop Group 13-07 as follows: 

i. Large shrub/tree berry subgroup 13- 

07-C. (Representative commodities. 

Elderberry or Mulberry) Bayberry; 

Buffaloberry; Che; Chokeberry; 

Elderberry; Juneberry; Mountain pepper 

berries; Mulberry; Phalsa; Pinchberry; 

Riberry; Serviceberry. 

ii. Small fruit vine climbing subgroup 

13-07-D. (Representative commodities. 

Grape and Fuzzy kiwifruit) Amur river 

grape; Gooseberry; Grape; Kiwifruit, 

fuzzy; Kiwifruit, hardy; Maypop; 

Schisandra berry. 

iii. Small fruit vine climbing 

subgroup, except grape 13-07-E. 

(Representative commodity. Fuzzy 

kiwifruit) Amur river grape; Gooseberry; 

Kiwifruit, fuzzy; Kiwifruit, hardy; 

Maypop; Schisandra berry. 

iv. Small fruit vine climbing subgroup 

except fuzzy kiwifruit, Grape 13-07-F. 

(Representative commodity. Grape) 

Amur river grape; Grape; Kiwifruit, 

hardy; Maypop; Schisandra berry. 

v. Low growing berry subgroup 13-07- 

G. (Reprensentative commodity. 

Strawberry) Bearberry; Bilberry; 

Blueberry, lowbush; Cloudberry; 

Cranberry; Lingonberry; Muntries; 

Partridgeberry; Strawberry. 

vi. Low growing berry subgroup, 

except strawberry 13-07-H. 

(Representative commodity. Cranberry) 

Bearberry; Bilberry; Blueberry, lowbush; 

Cloudberry; Cranberry; Ligonberry; 

Muntries; Partridgeberry. 

Creation of subgroups provides 

flexibility in the establishment of crop 

group tolerances which can be 

important for international 

harmonization. EPA has determined 

that residue data on the designated 

representative crops will provide 

adequate information on residue levels 

in crops and subgroups. This 

determination is based on similarities in 

cultural practices, edible food portions, 

geographical location, the fact that none 

of these crops are used as animal feed 

items, as well as existing data on 

residue levels in these crops. 

5. Revise the representative 

commodities. EPA proposes to revise 

the representative crops for Crop Group 

13-07 as follows: ‘‘Any one blackberry 

or any one raspberry; and blueberry’’

will be changed to ‘‘Any one blackberry 

or any one raspberry; highbush 

blueberry; elderberry or mulberry; 

grape; fuzzy kiwifruit; and strawberry.’’

As explained above, these commodities 

are representative of their respective 

subgroups and thus, in combination 

with other commodities, are 

representative of the entire group. 

D. New Crop Group 21: Edible Fungi 

Group 

EPA proposes to add a new crop 

group, entitled Edible Fungi, as Crop 

Group 21 and to include in this crop 

group 20 commodities in 12 fungi 

families. (1) Blewitt (Lepista 

nuda(Bull.:Fr.) Cooke 

(Tricholomataceae)); (2) Bunashimeji 

(Hypsizygus marmoreus (Agaricaceae)); 

(3) Chinese mushroom (Volvariella 

volvacea (Bull.) Singer (Pluteaceae)); (4) 

Enoke (Flammulina velutipes (Curt.) 

Singer (Tricholomataceae)); (5) HimeMatsutake (Agaricus blazei Murill 

(Agaricaceae)); (6) Hirmeola 

(Auricularia auricula 

(Auriculariaceae)); (7) Maitake (Grifola 

frondosa (Polyporaceae)); (8) Morel 

(Morchella spp. (Morchellaceae)); (9) 

Nameko (Pholiota nameko, 

(Strophariaceae)); (10) Net Bearing 

(Dictyophora Dictyophora indusiata 

(Phallaceae)); (11) Oyster Mushroom 

(Pleurotus ostreatus (Jacq.) Kummer 

(Tricholomataceae)); (12) Pom Pom 

(Hericium erinaceus (Hydnaceae)); (13) 

Reishi Mushroom (Ganoderma lucidum 

(Leyss. Fr.) Karst. (Ganodermataceae)); 

(14) Rodmans (Agaricus, Agaricus 

bitorquis (Quel.) Saccardo 

(Agaricaceae)); (15) Shiitake mushroom 

(Lentinula edodes (Berk.) Pegl. 

(Polyporaceae)); (16) Shimeji 

(Tricholoma conglobatum, 

(Tricholomataceae)); (17) Stropharia 

(Stropharia spp. (Strophariaceae)) (18) 

Truffle Tuber spp. (Tuberaceae); (19) 

White button mushroom (Agaricus 

bisporus (Lange) Imbach (Agaricaceae)) 

and (20) White Jelly fungi (Tremella 

fuciformis (Tremellaceae)). 

Edible Fungi Group 21 is proposed 

based on similarities in cultural edible 

food portions, residue levels, 


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geographical locations, pest problems, 

the fact that none of these crops are 

used as animal feed items and for 

international harmonization purposes. 

All members of this crop group are 

either grown in indoor structures under 

very strict environmentally controlled 

conditions or cultivated outdoors as a 

crop. This new crop group will have no 

crop subgroup associated with it. The 

commodities grown in this proposed 

crop group are principally grown in 

other countries. This crop group will 

provide the opportunity for domestic 

growers to produce these high value 

minor crops that are in demand, 

particularly from immigrant populations 

in the United States. 

EPA proposes to define the 

representative commodities for the 

Edible Fungi Group 21 as: ‘‘White 

button mushrooms and any one oyster 

mushroom or any one Shiitake 

mushroom.’’

These proposed representative 

commodities were chosen based on 

their production and economic 

importance. The cultural practices, pest 

problems, and commercial production 

of the different edible fungi are also 

similar. Specialty mushrooms, which 

are expanding in the United States, will 

be represented by the oyster or shiitake 

mushroom. 

E. Technical Corrections 

EPA proposes that the misspelled 

commodity ‘‘Onion, Welch’’ in Crop 

Group 3 be corrected to ‘‘Onion, 

Welsh’’. This correction will be made in 

pre-existing Crop Group 3. Additionally, 

EPA is proposing to list the 

commodities in pre-existing Crop Group 

3 in tabular form. EPA proposes to 

revise the commodity definitions under 

40 CFR 180.1(g) pertaining to onions 

and adding an entry for garlic to clarify 

these definitions. The proposed changes 

are: 

• Onion = Bulb onion, green onion, 

and garlic. 

• Onion, bulb = Bulb onion; garlic; 

great headed garlic; serpent garlic; 

Chinese onion; pearl onion; potato 

onion; and shallot, bulb. 

• Onion, green = Green onion; chive, 

fresh leaves; Chinese chive, fresh leaves; 

Kurrat; lady’s leek; leek; wild leek; 

Beltsville bunching onion; fresh onion; 

tree onion, tops; welsh; and shallot, 

fresh leaves. 

• Garlic = Garlic, Great headed garlic, 

and serpent garlic. 

EPA proposes to revise the 

commodity definition in 40 CFR 

180.1(g) for caneberries as follows: 

• Caneberry = Rubus spp. (including 

blackberry; Rubus caesius (youngberry); 

Rubus loganbaccus (loganberry); Rubus 

idaeus (red and black raspberries); and 

varieties and/or hybrids of these). 

This proposed amendment will 

correct the scientific names to the 

caneberry commodity definition and 

update the commodity terminology to 

conform to the ‘‘EPA Food and Feed 

Commodity Vocabulary’’ rules for 

commodity terminology. 

EPA proposes to establish a new 

commodity definition in 40 CFR 

180.1(g) for raspberry as follows: 

Raspberry = Rubus spp. (including 

bababerry, black raspberry, blackcap, 

caneberry, framboise, frambueso, 

himbeere, keriberry, mayberry, red 

raspberry, thimbleberry, tulameen, 

yellow raspberry, and cultivars and/or 

hybrids of these). 

This proposed commodity definition 

for raspberry will further clarify the 

cultivars of raspberry covered in the 

Caneberry subgroup. 

EPA proposes to delete from 

§ 180.41(b) the terms: Mushroom; grape; 

strawberry, and kiwifruit. 

These commodities were listed as not 

being in a crop group, but are now 

proposed to become crop group 

members. 

IV. 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. 

EPA prepared an analysis of the 

potential costs and benefits associated 

with this action. This analysis is 

contained in ‘‘Economic Analysis 

Proposed Expansion of 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 

permitting the results of pesticide 

exposure studies for one to be applied 

to other, similar crops. The regulation 

exploits the above opportunity for 

saving money by expanding certain crop 

groups to include more crops. 

The primary beneficiaries of the 

regulation are minor crop producers and 

consumers. Specialty crop producers 

will benefit because lower registration 

costs will encourage more products to 

be registered on minor crops, providing 

additional tools pest control. Consumers 

will benefit by having a larger supply of 

imported and domestically produced 

specialty produce at potentially lower 

costs. Secondary beneficiaries are 

pesticide registrants, who benefit 

because expanded markets for 

pesticides products will lead to 

increased sales. The IR-4 Project and 

EPA, which are publicly funded Federal 

government entities, will also more 

efficiently use resources as a result of 

the rule. EPA will also benefit from 

broader operational efficiency gains, 

which result from fewer emergency 

pesticide use requests from specialty 

crop growers, the ability to conduct risk 

assessment based on crop grouping, 

greater ease of establishing import 

tolerances, greater capacity to assess 

risks of pesticides used on crops not 

grown in the United States, further 

harmonization of crop classification and 

nomenclature, harmonized commodity 

import and export standards and 

increased potential for resource sharing 

between EPA and other pesticide 

regulatory agencies. Revisions to the 

crop grouping program will result in no 

appreciable costs or negative impacts to 

consumers, specialty crop producers, 

pesticide registrants, the environment or 

human health. 

Benefits of the proposed rule can be 

shown through an example of the 

impact of the proposed changes to Crop 

Group 3. The proposed rule expands 

Crop Group 3, Bulb Vegetables from 7 

to 25 crops, an increase of 18 from the 

original crop group. The addition of 

these crops would greatly increase the 

efficiency of IR-4 and EPA in registering 

pesticides on specialty crops. Assuming 

that the crops added to the crop group 

require only one field trial to be granted 

a stand-alone registration (grown on a 

regional basis and few acres), to 

accomplish the same result without 

expanding Crop Group 3 would require 

18 field trials, at a cost of $5.4 million 

($300,000 per field trial) and the 

administrative costs of both the IR-4 

testing process and the EPA review 

process. In addition, specialty crop 

producers will potentially gain access to 

important pest control tools on 18 bulb 

vegetable crops, consumers will benefit 

from the potential for a cheaper, more 

abundant and varied supply of bulb 

vegetables, and pesticide registrants will 

potentially enjoy greater sales. 

B. Paperwork Reduction Act 

This action 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 proposed rule is expected to reduce 

mandatory paperwork due to a 

reduction in required studies. The 

proposed rule will have the effect of 

reducing the number of residue 


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chemistry studies because fewer 

representative crops would need to be 

tested under a crop grouping scheme, 

than it would otherwise be required. 

EPA is interested in your comments 

on the estimated reductions as 

presented in the Economic Analysis 

prepared for this proposed rule. Direct 

your comments to EPA using the public 

docket that has been established for this 

proposed rule as described in 

ADDRESSES. The Agency will consider 

and address comments received as it 

develops the final rule. 

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 proposed 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-forprofit 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 on of the 

proposed rule on small entities’’ (5 

U.S.C. sections 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 burden or 

otherwise has a positive economic 

effects on all of the small entities subject 

to the rule. 

This proposed action 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 of 1995 (UMRA) 

(Public Law 104–4), 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 proposed 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 proposed 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 

proposed 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 the Federal 

government and Indian tribes, as 

specified in the Order. Thus, Executive 

Order 13175 does not apply to this 

proposed 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 proposed rule because 

this action is not designated as an 

economically significant regulatory 

action as defined by Executive Order 

12866 (see Unit IV.A.), nor does it 

establish an environmental standard, or 

otherwise have a disproportionate effect 

on children. 

H. Executive Order 13211 

This proposed 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 

an regulatory action as defined by 

Executive Order 12866 (see Unit IV.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 

proposed 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 proposed rule does not 

have an adverse impact on the 

environmental and health conditions in 

low-income and minority communities. 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedures, 

Pesticides and pests. 

Dated: May 10, 2007. 

James B. Gulliford, 

Assistant Administrator for Prevention, 

Pesticides and Toxic Substances. 

Therefore, it is proposed that 40 CFR 

chapter I be amended as follows: 

PART 180—[AMENDED] 

1. The authority citation for part 180 

would continue to read as follows: 

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

2. In the table to § 180.1(g) by revising 

the entries for ‘‘Caneberries,’’ ‘‘Onions,’’

‘‘Onions (dry bulb only),’’ and ‘‘Onions, 

green,’’ and by adding entries for 

‘‘Garlic,’’ and ‘‘Raspberry’’ to read as 

follows: 

§ 180.1 Definitions and interpretations. 

* * * * * 

(g) * * * 


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A B 

*****

Caneberry ...................................... Rubus spp. (including blackberry; Rubus caesius (youngberry) 

Rubus loganbaccus (loganberry); Rubus idaeus (red and black raspberries); and varities and/or hybrids of 

these. 

*****

Garlic ............................................. Garlic, great headed garlic, and serpent garlic. 

*****

Onion ............................................. Bulb onion, green onion, and garlic. 

Onion, bulb .................................... Bulb onion: garlic; great headed garlic; serpent garlic; Chinese onion; pearl onion; potato onion; and shallot, 

bulb. 

Onion, green .................................. Green onion; lady’s leek; leek; wild leek; Beltsville bunching onion; fresh onion; tree onion, tops; Welsh, 

onion; and shallot, fresh leaves. 

*****

Raspberry ...................................... Rubus spp. (including bababerry, black raspberry, blackcap, caneberry, framboise, frambueso, himbeere, 

keriberry, mayberry, red raspberry, thimbleberry, tulameen, yellow raspberry, and cultivars and /or hybrids 

of these). 

*****

3. In § 180.40 by redesignating 

paragraph (j) as paragraph (k) and by 

adding new paragraph (j) to read as 

follows: 

§ 180.40 Tolerances for crop groups. 

* * * * * 

(j) When EPA amends a crop group in 

a manner that expands or contracts the 

commodities that are covered by the 

group, EPA will initially retain the preexisting as well as the revised crop 

group in the CFR. The revised crop 

group will have the same number as the 

pre-existing crop group; however, the 

revised crop group number will be 

followed by a hyphen and the final two 

digits of the year in which it was 

established (e.g., if Crop Group 1 is 

amended in 2007, the revised group will 

be designated as Crop Group 1-07). If 

the pre-existing crop group had crop 

subgroups, these subgroups will be 

numbered in a similar fashion in the 

revised crop group. The name of the 

revised crop group will not be changed 

from the pre-existing crop group unless 

the revision so changes the composition 

of the crop group that the pre-existing 

name is no longer accurate. Once a 

revised crop group is established, EPA 

will no longer establish tolerances 

under the pre-existing crop group. At 

appropriate times, EPA will amend 

tolerances for crop groups that have 

been superseded by revised crop groups 

to conform the pre-existing crop group 

to the revised crop group. Once all of 

the tolerances for the pre-existing crop 

group have been updated, the preexisting crop group will be removed 

from the CFR. 

* * * * * 

4. Section 180.41 is amended by 

removing the commodities: mushroom, 

grape, strawberry, and kiwifruit from 

paragraph (b); by revising paragraph 

(c)(3) and by redesignating paragraphs 

(c)(4) through (c)(19) as paragraphs 

(c)(5) through (c)(20), respectively, and 

by adding a new paragraph (c)(4) to read 

as follows: 

§ 180.41 Crop group tables. 

* * * * * 

(c) * * * 

(3) Crop Group 3. Bulb Vegetables 

(Allium spp.) Group. 

(i) Representative commodities. 

Onion, green; and onion, dry bulb. 

(ii) Commodities. The following is a 

list of all the commodities in Crop 

Group 3. 

CROP GROUP 3: BULB VEGETABLE

(ALLIUM SPP.) GROUP—COMMODITIES

Garlic, bulb (Allium sativum) 

Garlic, great headed, (elephant) (Allium 

ampeloprasum var. ampeloprasum) 

Leek (Allium ampeloprasum, A. porrum, A. 

tricoccum) 

Onion, dry bulb and green (Allium cepa, A. 

fistulosum) 

Onion, Welsh, (Allium fistulosum) 

Shallot (Allium cepa var. cepa) 

(4) Crop Group 3-07. Bulb Vegetables 

Group. 

(i) Representative commodities. 

Onion, bulb and onion, green. 

(ii) Table. The following Table 1 lists 

all the commodities listed in Crop 

Group 3-07 and identifies the related 

crop subgroups. 

TABLE 1.—CROP GROUP 3-07: BULB VEGETABLE GROUP

Commodities Related crop subgroups 

Chive, fresh leaves Allium schoenoprasum L. .......................................................................................................... 3-07-B 

Chive, Chinese, fresh leaves Allium tuberosum Rottler ex Spreng .......................................................................... 3-07-B 

Daylily, bulb Hemerocallis fulva (L.) L. var. fulva ...................................................................................................... 3-07-A 

Elegans hosta Hosta Sieboldiana (Hook.) Engl ........................................................................................................ 3-07-B 

Fritillaria, bulb Fritillaria L. fritillary ............................................................................................................................. 3-07-A 

Fritillaria, leaves Fritillaria L. fritillary ......................................................................................................................... 3-07-B

Garlic, bulb Allium sativum L. var. sativum (A. sativum Common Garlic Group) ..................................................... 3-07-A 

Garlic, great headed, bulb Allium ampeloprasum L. var. ampeloprasum (A. ampeloprasum Great-headed Garlic 

Group) .................................................................................................................................................................... 3-07-A 

Garlic, Serpent, bulb Allium sativum var. ophioscorodon (or A. sativum Ophioscorodon Group) ............................ 3-07-A 

Kurrat Allium kurrat Schweinf. Ex. K. Krause (or A. ampeloprasum Kurrat Group) ................................................. 3-07-B 

Lady’s leek Allium cernuum Roth .............................................................................................................................. 3-07-B 

Leek Allium porrum L. (syn:A. ampeloprasum L. var. porrum (L.) J. Gay) (A.ampeloprasum Leek Group) ............ 3-07-B 


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28928 Federal Register / Vol. 72, No. 99 / Wednesday, May 23, 2007 / Proposed Rules 

TABLE 1.—CROP GROUP 3-07: BULB VEGETABLE GROUP—Continued 

Commodities Related crop subgroups 

Leek, wild Allium tricoccum Aiton .............................................................................................................................. 3-07-B 

Lily, bulb Lilium spp. (Lilium Leichtlinii var maximowiczii, Lilium lancifolium) ........................................................... 3-07-A 

Onion, Beltsville bunching Allium x proliferum (Moench) Schrad. (syn: Allium fistulosum L. x A. cepa L.) ............. 3-07-B 

Onion, bulb Allium cepa L. var. cepa (A. cepa Common Onion Group) .................................................................. 3-07-A 

Onion, Chinese, bulb Allium chinense G. Don. (syn: A. bakeri Regel) .................................................................... 3-07-A 

Onion, fresh Allium fistulosum L. var. caespitosum Makino ..................................................................................... 3-07-B 

Onion, green Allium cepa L. var. cepa (A. cepa Common Onion Group) ................................................................ 3-07-B 

Onion, macrostem Allium macrostemom Bunge ....................................................................................................... 3-07-B 

Onion, Pearl Allium porrum var. sectivum (or A. ampeloprasum Pearl Onion Group) ............................................. 3-07-A 

Onion, potato, bulb Allium cepa L. var. aggregatum G. Don. (A. cepa Aggregatum Group) ................................... 3-07-A 

Onion, tree, tops Allium x proliferum (Moench) Schrad. ex Willd. (syn: A. cepa var. proliferum (Moench) Regel; 

A. cepa L. var. bulbiferum L.H. Bailey; A. cepa L. var. viviparum (Metz.) Alef.) .................................................. 3-07-B 

Onion, Welsh, tops Allium fistulosum L. .................................................................................................................... 3-07-B 

Shallot, bulb Allium cepa var. aggregatum G. Don ................................................................................................... 3-07-A 

Shallot, fresh leaves Allium cepa var. aggregatum G. Don ...................................................................................... 3-07-B 

(iii) Table. The following Table 2 

identifies the crop subgroups for Crop 

Group 3-07, specifies the representative 

commodities for each subgroup and lists 

all the commodities included in each 

subgroup. 

TABLE 2.—CROP GROUP 3-07: SUBGROUP LISTING

Representative commodities Commodities 

CROP SUBGROUP 3-07-A. Onion, bulb, subgroup ......... Daylily, bulb; Fritillaria, bulb; Garlic, bulb; Garlic, great-headed, bulb; Garlic, Serpent, 

bulb; Lily, bulb; Onion, bulb; Onion, Chinese, bulb; Onion, Pearl; Onion, potato, bulb; 

Shallot, bulb. 

CROP SUBGROUP 3-07-B. Onion, green, subgroup ...... Chive, fresh leaves; Chive, Chinese, fresh leaves; Elegans hosta; Fritillaria, leaves; 

Kurrat; Lady’s leek; Leek; Leek, wild; Onion, Beltsville bunching; Onion, fresh; Onion, 

green; Onion, macrostem; Onion, tree, tops; Welsh onion; Shallot, fresh leaves. 

* * * * * 

5. Section 180.41 is further amended 

by redesignating newly redesignated 

paragraphs (c)(15) through (c)(20) as 

paragraphs (c)(16) through (c)(21), 

respectively, and by adding a new 

paragraph (c)(15), and paragraph (c)(22) 

to read as follows: 

§ 180.41 Crop group tables. 

* * * * * 

(c) * * * 

(15) Crop Group 13-07. Berry and 

Small Fruit Crop Group. 

(i) Representative commodities. Any 

one blackberry or any one raspberry; 

highbush blueberry; elderberry or 

mulberry; grape; kiwifruit, fuzzy; and 

strawberry. 

(ii) Table. The following Table 1 lists 

all the commodities listed in Crop 

Group 13-07 and identifies the related 

crop subgroups. 

TABLE 1.—CROP GROUP 13-07: BERRY AND SMALL FRUIT CROP GROUP

Commodities Related crop subgroups 

Amur river grape (Vitis amurensis Rupr) ................................................................................................................... 13-07-D 

13-07-E 

13-07-F 

Aronia berry (Aronia spp.) ......................................................................................................................................... 13-07-B 

Bayberry (Myrica spp.) .............................................................................................................................................. 13-07-C 

Bearberry (Arctostaphylos uva-ursi) .......................................................................................................................... 13-07-G 

13-07-H 

Bilberry (Vaccinium myrtillus L.) ................................................................................................................................ 13-07-G 

13-07-H 

Blackberry (Rubus spp.) (including Andean blackberry, arctic blackberry, bingleberry, black satin berry, boysenberry, brombeere, California blackberry, Chesterberry, Cherokee blackberry, Cheyenne blackberry, common 

blackberry, coryberry, darrowberry, dewberry, Dirksen thornless berry, evergreen blackberry, Himalayaberry, 

hullberry, lavacaberry, loganberry, lowberry, Lucretiaberry, mammoth blackberry, marionberry, mora, mures 

deronce, nectarberry, Northern dewberry, olallieberry, Oregon evergreen berry, phenomenalberry, rangeberry, 

ravenberry, rossberry, Shawnee blackberry, Southern dewberry, tayberry, youngberry, zarzamora, and 

cultivars and/or hybrids of these ............................................................................................................................ 13-07-A 

Blueberry, highbush (Vaccinium spp.) ....................................................................................................................... 13-07-B 

Blueberry, lowbush (Vaccinium angustifolium Aiton) ................................................................................................ 13-07-B 

Buffalo currant (Ribes aureum Pursh) ....................................................................................................................... 13-07-B 

Buffaloberry (Shepherdia argentea (Pursh) Nutt.) .................................................................................................... 13-07-C 

Che (Cudrania tricuspidata Bur. Ex Lavallee ............................................................................................................ 13-07-C 

Chilean guava (Myrtus ugni Mol.) ............................................................................................................................. 13-07-B 

Chokecherry (Prunus virginiana L.) ........................................................................................................................... 13-07-C 


cprice-sewell on PROD1PC71 with PROPOSALS
Federal Register / Vol. 72, No. 99 / Wednesday, May 23, 2007 / Proposed Rules 28929 

TABLE 1.—CROP GROUP 13-07: BERRY AND SMALL FRUIT CROP GROUP—Continued 

Commodities Related crop subgroups 

Cloudberry (Rubus chamaemorus L.) ....................................................................................................................... 13-07-G 

13-07-H 

Cranberry (Vaccinium macrocarpon Aiton) ............................................................................................................... 13-07-G 

13-07-H 

Currant, black (Ribes nigrum L.) ............................................................................................................................... 13-07-B 

Currant, red (Ribes rubrum L.) .................................................................................................................................. 13-07-B 

Elderberry (Sambucus spp.) ...................................................................................................................................... 13-07-B 

13-07-C 

European barberry (Berberis vulgaris L.) .................................................................................................................. 13-07-B 

Gooseberry (Ribes spp.) ........................................................................................................................................... 13-07-B 

13-07-D 

13-07-E 

Grape (Vitis spp.) ....................................................................................................................................................... 13-07-D 

13-07-F 

Highbush cranberry (Viburnum opulus L. var. Americanum Aiton) ........................................................................... 13-07-B 

Honeysuckle, edible (Lonicera caerula L. var. emphyllocalyx Nakai, Lonicera carrula L var. edulis Turcz. Ex 

herder) .................................................................................................................................................................... 13-07-B 

Huckleberry (Gaylussacia spp.) ................................................................................................................................. 13-07-B 

Jostaberry (Ribes x nidigrolaria Rud. Bauer & A. Bauer) ......................................................................................... 13-07-B 

Juneberry, Saskatoon berry (Amelanchier spp.) ....................................................................................................... 13-07-B 

13-07-C 

Kiwifruit, fuzzy (Actinidia deliciosa A. Chev.) C.F. Liang & A.R. Ferguson) ............................................................. 13-07-D 

13-07-E 

Kiwifruit, hardy (Actinidia arguta (Siebold & Zucc.) Planch. Ex Miq) ........................................................................ 13-07-D 

13-07-E 

13-07-F 

Lingonberry (Vaccinium vitis-idaea L.) ...................................................................................................................... 13-07-B 

13-07-G 

13-07-H 

Maypop (Passiflora incarnata L.) ............................................................................................................................... 13-07-E 

13-07-F 

Mountain pepper berries (Tasmannia lanceolata) ..................................................................................................... 13-07-C 

Mulberry Morus spp.) ................................................................................................................................................. 13-07-C 

Muntries (Kunzea pomifera) ...................................................................................................................................... 13-07-G 

13-07-H 

Native currant (Acrotriche depressa) ......................................................................................................................... 13-07-B 

Partridgeberry (Mitchella repens L.) .......................................................................................................................... 13-07-G 

13-07-H 

Phalsa (Grewia subinaequalis DC.) .......................................................................................................................... 13-07-C 

Pincherry (Prunus pensylvanica L.f.) ......................................................................................................................... 13-07-C 

Raspberry, black and red (Rubus spp.) .................................................................................................................... 13-07-A 

Riberry (Syzygium luehmannii) .................................................................................................................................. 13-07-C 

Salal (Gaultheria shallon Pursh) ................................................................................................................................ 13-07-B 

13-07-C 

Schisandra berry (Schisandra chinensis (Turcz.) Baill .............................................................................................. 13-07-D 

13-07-E 

Sea buckthorn (Hippophae rhamnoides L.) .............................................................................................................. 13-07-B 

Serviceberry (Sorbus spp.) ........................................................................................................................................ 13-07-C 

Strawberry (Fragaria x ananassa Duchesne) ........................................................................................................... 13-07-G 

Wild raspberry (Rubus muelleri Lefevre ex P.J. Mull) ............................................................................................... 13-07-A 

(iii) Table. The following Table 2 

identifies the crop subgroups for Crop 

Group 13-07, specifies the 

representative commodities for each 

subgroup and lists all the commodities 

included in each subgroup. 


cprice-sewell on PROD1PC71 with PROPOSALS
28930 Federal Register / Vol. 72, No. 99 / Wednesday, May 23, 2007 / Proposed Rules 

TABLE 2.—CROP GROUP 13-07: SUBGROUP LISTING

Representative commodities Commodities 

Crop Subgroup 13-07-A. Caneberry 

subgroup. 

Blackberry; Raspberry, red and black; wild raspberry; loganberry; cultivars and/or hybrids of these. 

Crop Subgroup 13-07-B. Bushberry 

subgroup. 

Aronia, berry; blueberry, highbush, and cultivars and/or hybrids of these; blueberry, lowbush; currant, 

buffalo; Chilean,guava; currant, black; and currant, red; elderberry, European, barberry; gooseberry; 

cranberry, highbush; Honeysuckle, edible; Huckleberry; jostaberry; Juneberry: lingonberry; Native, currant; salal; Sea, buckthorn. 

Crop Subgroup 13-07-C. Large shrub/ 

tree berry subgroup. 

Bayberry; Buffaloberry; che; chokecherry; elderberry; Juneberry; Mountain pepper, berries; mulberry; 

Phalsa; pincherry; riberry; salal; serviceberry. 

Crop Subgroup 13-07-D. Small fruit 

vine climbing subgroup. 

Amur river grape; gooseberry; grape; kiwifruit, fuzzy; kiwifruit, hardy; Maypop, Schisandra berry. 

Crop Subgroup 13-07-E. Small fruit 

vine climbing subgroup, except 

grape. 

Amur river grape; gooseberry; kiwifruit, fuzzy; kiwifruit, hardy; Maypop; schisandra berry. 

Crop Subgroup 13-07-F. Small fruit 

vine climbing subgroup except 

fuzzy kiwifruit. 

Amur river grape; grape, Kiwifruit, hardy; maypop; schisandra berry. 

Crop Subgroup 13-07-G. Lowgrowing 

berry subgroup. 

Bearberry; bilberry; blueberry,lowbush; cloudberry; cranberry; lingonberry; muntries; partridgeberry; 

strawberry 

Crop Subgroup 13-07-H. Lowgrowing 

berry subgroup, except strawberry. 

Bearberry; bilberry; blueberry, lowbush; cloudberry; cranberry; lingonberry; muntries; partridgeberry. 

* * * * * 

(22) Crop Group 21. Edible fungi 

Group. 

(i) Representative commodities. White 

button mushroom and any one oyster 

mushroom or any Shiitake mushroom. 

(ii) Table. The following is a list of all 

the commodities in Crop Group 21. 

There are no related subgroups. 

CROP GROUP 21: EDIBLE FUNGI

GROUP—COMMODITIES

Blewitt, Lepista nuda (Tricholomataceae) 

Bunashimeji, Hypsizygus marrmoreus 

(Agaricaceae) 

Chinese mushroom, Volvariella volvacea 

(Bull.) Singer (Pluteaceae) 

Enoki, Flammulina velutipes (Curt.) Singer 

(Tricholomataceae) 

Hime-Matsutake, Agaricus blazei Murill 

(Agaricaeae) 

Hirmeola, Auricularia auricular 

(Auricularicaceae) 

Maitake, Grifola frondosa (Polyporaceae) 

Morel, Morchella spp. (Morchellaceae) 

Nameko, Pholiota nameko, (Strophariaceae) 

Net Bearing Dictyophora, Dictyophora 

indusiata (Phallaceae) 

Oyster mushroom, Pleurotus spp. 

(Tricholomataceae) 

Pom Pom, Hericium erinaceus (Hydnaceae) 

Reishi mushroom, Ganoderma lucidum 

(Leyss. Fr.) Karst. (Ganodermataceae) 

Rodman’s agaricus, Agaricus bitorquis 

(Quel.) Saccardo (Agaricaceae) 

Shiitake mushroom, Lentinula edodes (Berk.) 

Pegl. (Polyporaceae) 

Shimeji, Tricholoma conglobatum, 

(Tricholomataceae) 

Stropharia, Stropharia spp. (Strophariaceae) 

Truffle, Tuber spp. (Tuberaceae) 

White button mushroom, Agaricus bisporous 

(Lange) Imbach (Agaricaceae) 

White Jelly Fungi, Tremella fuciformis 

(Tremellaceae) 

[FR Doc. E7–9595 Filed 5–22–07; 8:45 am] 

BILLING CODE 6560–50–S 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Medicare & Medicaid 

Services 

42 CFR Parts 438 and 447 

[CMS–2279–P] 

RIN 0938–A095 

Medicaid Program; Graduate Medical 

Education 

AGENCY: Centers for Medicare & 

Medicaid Services (CMS), HHS. 

ACTION: Proposed rule. 

SUMMARY: This proposed rule would 

clarify that costs and payments 

associated with Graduate Medical 

Education programs are not 

expenditures for medical assistance that 

are federally reimbursable under the 

Medicaid program. 

DATES: Comment date: To be assured 

consideration, comments must be 

received at one of the addresses 

provided below, no later than 5 p.m. on 

June 22, 2007. 

ADDRESSES: In commenting, please refer 

to file code CMS–2279–P. Because of 

staff and resource limitations, we cannot 

accept comments by facsimile (Fax) 

transmission. 

You may submit comments in one of 

four ways (no duplicates, please): 

1. Electronically. You may submit 

electronic comments on specific issues 


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