[Federal Register Volume 72, Number 99 (Wednesday, May 23, 2007)]
[Proposed Rules]
[Pages 28920-28930]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-9595]


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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.

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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:
    <bullet> Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
    <bullet> Mail: Office of Pesticide Programs (OPP) Regulatory Public 
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460-0001.
    <bullet> 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 e-
mail. 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 e-mail 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: Ram[egrave] 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#b2d1c0dddfc5d7dede9cc0d3dfd7f2d7c2d39cd5ddc4"><span class="__cf_email__" data-cfemail="d2b1a0bdbfa5b7bebefca0b3bfb792b7a2b3fcb5bda4">[email protected]</span></a>.

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:
    <bullet> Crop production (NAICS code 111), e.g., agricultural 
workers; greenhouse, nursery, and floriculture workers; farmers.
    <bullet> Animal production (NAICS code 112), e.g., cattle ranchers 
and farmers, dairy cattle farmers, livestock farmers.
    <bullet> Food manufacturing (NAICS code 311), e.g., agricultural 
workers; farmers; greenhouse, nursery, and floriculture workers; 
ranchers; pesticide applicators.
    <bullet> 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

[[Page 28921]]

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

[[Page 28922]]

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 IR-4. 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 Sec.  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 pre-existing 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

[[Page 28923]]

groups are covered since these existing tolerance regulations use the 
pre-existing 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 Sec.  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 pre-existing 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.

[[Page 28924]]

(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[rdquo,] 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) Hime-Matsutake (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,

[[Page 28925]]

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:
    <bullet> Onion = Bulb onion, green onion, and garlic.
    <bullet> Onion, bulb = Bulb onion; garlic; great headed garlic; 
serpent garlic; Chinese onion; pearl onion; potato onion; and shallot, 
bulb.
    <bullet> 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.
    <bullet> 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:
    <bullet> 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 Sec.  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

[[Page 28926]]

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-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 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 Sec.  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:


Sec.  180.1  Definitions and interpretations.

* * * * *
    (g) * * *

[[Page 28927]]



------------------------------------------------------------------------
                   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 Sec.  180.40 by redesignating paragraph (j) as paragraph (k) 
and by adding new paragraph (j) to read as follows:


Sec.  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 pre-existing 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 pre-existing 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:


Sec.  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                          3-07-B
 L........................................
Chive, Chinese, fresh leaves Allium                               3-07-B
 tuberosum Rottler ex Spreng..............
Daylily, bulb Hemerocallis fulva (L.) L.                          3-07-A
 var. fulva...............................
Elegans hosta Hosta Sieboldiana (Hook.)                           3-07-B
 Engl.....................................
Fritillaria, bulb Fritillaria L.                                  3-07-A
 fritillary...............................
Fritillaria, leaves Fritillaria L.                                3-07-B
 fritillary...............................
Garlic, bulb Allium sativum L. var.                               3-07-A
 sativum (A. sativum Common Garlic Group).
Garlic, great headed, bulb Allium                                 3-07-A
 ampeloprasum L. var. ampeloprasum (A.
 ampeloprasum Great-headed Garlic Group)..
Garlic, Serpent, bulb Allium sativum var.                         3-07-A
 ophioscorodon (or A. sativum
 Ophioscorodon Group).....................
Kurrat Allium kurrat Schweinf. Ex. K.                             3-07-B
 Krause (or A. ampeloprasum Kurrat Group).
Lady's leek Allium cernuum Roth...........                        3-07-B
Leek Allium porrum L. (syn:A. ampeloprasum                        3-07-B
 L. var. porrum (L.) J. Gay)
 (A.ampeloprasum Leek Group)..............

[[Page 28928]]

 
Leek, wild Allium tricoccum Aiton.........                        3-07-B
Lily, bulb Lilium spp. (Lilium Leichtlinii                        3-07-A
 var maximowiczii, Lilium lancifolium)....
Onion, Beltsville bunching Allium x                               3-07-B
 proliferum (Moench) Schrad. (syn: Allium
 fistulosum L. x A. cepa L.)..............
Onion, bulb Allium cepa L. var. cepa (A.                          3-07-A
 cepa Common Onion Group).................
Onion, Chinese, bulb Allium chinense G.                           3-07-A
 Don. (syn: A. bakeri Regel)..............
Onion, fresh Allium fistulosum L. var.                            3-07-B
 caespitosum Makino.......................
Onion, green Allium cepa L. var. cepa (A.                         3-07-B
 cepa Common Onion Group).................
Onion, macrostem Allium macrostemom Bunge.                        3-07-B
Onion, Pearl Allium porrum var. sectivum                          3-07-A
 (or A. ampeloprasum Pearl Onion Group)...
Onion, potato, bulb Allium cepa L. var.                           3-07-A
 aggregatum G. Don. (A. cepa Aggregatum
 Group)...................................
Onion, tree, tops Allium x proliferum                             3-07-B
 (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.).........
Onion, Welsh, tops Allium fistulosum L....                        3-07-B
Shallot, bulb Allium cepa var. aggregatum                         3-07-A
 G. Don...................................
Shallot, fresh leaves Allium cepa var.                            3-07-B
 aggregatum G. Don........................
------------------------------------------------------------------------

    (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,       Daylily, bulb; Fritillaria,
 subgroup.                                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,      Chive, fresh leaves; Chive,
 subgroup.                                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:


Sec.  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                        13-07-A
 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.................................
Blueberry, highbush (Vaccinium spp.)......                       13-07-B
Blueberry, lowbush (Vaccinium                                    13-07-B
 angustifolium Aiton).....................
Buffalo currant (Ribes aureum Pursh)......                       13-07-B
Buffaloberry (Shepherdia argentea (Pursh)                        13-07-C
 Nutt.)...................................
Che (Cudrania tricuspidata Bur. Ex                               13-07-C
 Lavallee.................................
Chilean guava (Myrtus ugni Mol.)..........                       13-07-B
Chokecherry (Prunus virginiana L.)........                       13-07-C

[[Page 28929]]

 
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.                           13-07-B
 var. Americanum Aiton)...................
Honeysuckle, edible (Lonicera caerula L.                         13-07-B
 var. emphyllocalyx Nakai, Lonicera
 carrula L var. edulis Turcz. Ex herder)..
Huckleberry (Gaylussacia spp.)............                       13-07-B
Jostaberry (Ribes x nidigrolaria Rud.                            13-07-B
 Bauer & A. Bauer)........................
Juneberry, Saskatoon berry (Amelanchier                          13-07-B
 spp.)....................................                       13-07-C
Kiwifruit, fuzzy (Actinidia deliciosa A.                         13-07-D
 Chev.) C.F. Liang & A.R. Ferguson).......                       13-07-E
Kiwifruit, hardy (Actinidia arguta                               13-07-D
 (Siebold & Zucc.) Planch. Ex Miq)........                       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                               13-07-C
 lanceolata)..............................
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                           13-07-D
 (Turcz.) Baill...........................                       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                        13-07-A
 P.J. Mull)...............................
------------------------------------------------------------------------

    (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.

[[Page 28930]]



              Table 2.--Crop Group 13-07: Subgroup Listing
------------------------------------------------------------------------
      Representative commodities                  Commodities
------------------------------------------------------------------------
Crop Subgroup 13-07-A. Caneberry       Blackberry; Raspberry, red and
 subgroup.                              black; wild raspberry;
                                        loganberry; cultivars and/or
                                        hybrids of these.
------------------------------------------------------------------------
Crop Subgroup 13-07-B. Bushberry       Aronia, berry; blueberry,
 subgroup.                              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/    Bayberry; Buffaloberry; che;
 tree berry subgroup.                   chokecherry; elderberry;
                                        Juneberry; Mountain pepper,
                                        berries; mulberry; Phalsa;
                                        pincherry; riberry; salal;
                                        serviceberry.
------------------------------------------------------------------------
Crop Subgroup 13-07-D. Small fruit     Amur river grape; gooseberry;
 vine climbing subgroup.                grape; kiwifruit, fuzzy;
                                        kiwifruit, hardy; Maypop,
                                        Schisandra berry.
------------------------------------------------------------------------
Crop Subgroup 13-07-E. Small fruit     Amur river grape; gooseberry;
 vine climbing subgroup, except         kiwifruit, fuzzy; kiwifruit,
 grape.                                 hardy; Maypop; schisandra berry.
------------------------------------------------------------------------
Crop Subgroup 13-07-F. Small fruit     Amur river grape; grape,
 vine climbing subgroup except fuzzy    Kiwifruit, hardy; maypop;
 kiwifruit.                             schisandra berry.
------------------------------------------------------------------------
Crop Subgroup 13-07-G. Lowgrowing      Bearberry; bilberry;
 berry subgroup.                        blueberry,lowbush; cloudberry;
                                        cranberry; lingonberry;
                                        muntries; partridgeberry;
                                        strawberry
------------------------------------------------------------------------
Crop Subgroup 13-07-H. Lowgrowing      Bearberry; bilberry; blueberry,
 berry subgroup, except strawberry.     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


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