Federal Register / Vol. 77, No. 163 / Wednesday, August 22, 2012 / Rules and Regulations 50617 

of section 408(n)(4) of FFDCA. As such, 

the Agency has determined that this 

action will not have a substantial direct 

effect on States or tribal governments, 

on the relationship between the national 

government and the States or tribal 

governments, or on the distribution of 

power and responsibilities among the 

various levels of government or between 

the Federal Government and Indian 

tribes. Thus, the Agency has determined 

that Executive Order 13132, entitled 

Federalism (64 FR 43255, August 10, 

1999) and Executive Order 13175, 

entitled Consultation and Coordination 

with Indian Tribal Governments (65 FR 

67249, November 9, 2000) do not apply 

to this final rule. In addition, this final 

rule does not impose any enforceable 

duty or contain any unfunded mandate 

as described under Title II of the 

Unfunded Mandates Reform Act of 1995 

(UMRA) (Pub. L. 104–4). 

This action does not involve any 

technical standards that would require 

Agency consideration of voluntary 

consensus standards pursuant to section 

12(d) of the National Technology 

Transfer and Advancement Act of 1995 

(NTTAA), Public Law 104–113, section 

12(d) (15 U.S.C. 272 note). 

X. Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report to each House of 

the Congress and to the Comptroller 

General of the United States. EPA will 

submit a report containing this rule and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of this final rule in the 

Federal Register. This final rule is not 

a ‘‘major rule’’ as defined by 5 U.S.C. 

804(2). 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Aliphatic 

alkyl quaternaries, Food-contact 

sanitizers, Pesticides and pests, 

Quaternary ammonium compounds, 

Reporting and recordkeeping 

requirements. 

Dated: August 9, 2012. 

Joan Harrigan-Farrelly, 

Director, Antimicrobials Division, Office of 

Pesticide Programs. 

Therefore, 40 CFR chapter I is 

amended as follows: 

PART 180—[AMENDED] 

■ 1. The authority citation for part 180 

continues to read as follows: 

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

■ 2. In § 180.940(a), the table is 

amended by revising in its entirety, the 

entry for ‘‘Quaternary ammonium 

compounds, didecyl dimethyl 

ammonium carbonate/didecyl dimethyl 

ammonium bicarbonate’’ which 

immediately preceeds the pesticide 

chemical which reads in part ‘‘Silver 

ions resulting * * *’’ to read as follows: 

§ 180.940 Tolerance exemptions for active 

and inert ingredients for use in 

antimicrobial formulations (Food-contact 

surface sanitizing solutions). 

* * * * * 

(a) * * * 

Pesticide chemical CAS Reg. No. Limits 

*******

Quaternary ammonium compounds, didecyl dimethyl 

ammonium carbonate/didecyl dimethyl ammonium bicarbonate.

148788–55–0/148812–654– 

1.

When ready for use, the end-use concentration of these 

specific ammonium compounds is not to exceed 400 

ppm of active quaternary ammonium compound. 

* * * * * * * 

* * * * * 

[FR Doc. 2012–20663 Filed 8–21–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2006–0766; FRL–9354–3] 

RIN 2070–AJ28 

Pesticide Tolerance Crop Grouping 

Program III; Revisions to General 

Tolerance Regulations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This final rule revises the 

current pesticide tolerance crop 

grouping regulations, which allow for 

the establishment of tolerances for 

multiple related crops based on data 

from a representative set of crops. This 

rule expands upon existing stone fruit 

and tree nut crop groups by establishing 

new crop subgroups and adding new 

commodities. This is the third in a 

series of planned crop group updates 

expected to be promulgated over the 

next several years. 

DATES: This final rule is effective 

October 22, 2012. 

ADDRESSES: The docket for this action, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2006–0766 is 

available electronically at http:// 

www.regulations.gov, or in hard copy at 

the OPP Docket in the Environmental 

Protection Agency Docket Center (EPA/ 

DC), located in EPA West, Room 3334, 

1301 Constitution Ave. NW., 

Washington, DC 20460. The Public 

Reading Room is open from 8:30 a.m. to 

4:30 p.m., Monday through Friday, 

excluding legal holidays. The telephone 

number for the Public Reading Room is 

(202) 566–1744, and the telephone 

number for the OPP Docket is (703) 

305–5805. Please review the visitor 

instructions and additional information 

about the docket available at http:// 

www.epa.gov/dockets. 

FOR FURTHER INFORMATION CONTACT: 

Laura Nollen, Registration Division, 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; telephone number: 

(703) 305–7390; email address: 

nollen.laura@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Executive Summary 

A. What action is the agency taking? 

This final rule, under the provisions 

of section 408 of the Federal Food, Drug, 

and Cosmetic Act (FFDCA), 21 U.S.C. 

346a, amends EPA’s regulations 

governing crop group tolerances for 

pesticides. Specifically, the rule 

expands upon existing stone fruit and 

tree nut crop groups by adding new 

commodities and establishes crop 

subgroups for the new stone fruit crop 

group. This final rule is the third in a 

series of planned crop group updates 

expected to be promulgated in the next 

several years. 


wreier-aviles on DSK7SPTVN1PROD with RULES
50618 Federal Register / Vol. 77, No. 163 / Wednesday, August 22, 2012 / Rules and Regulations 

B. What is the agency’s authority for 

taking this action? 

EPA is authorized to establish 

tolerances for pesticide chemical 

residues in food under FFDCA section 

408. EPA establishes tolerances for each 

pesticide based on the potential risks to 

human health posed by that pesticide. A 

tolerance is the maximum permissible 

residue level established for a pesticide 

in raw agricultural produce and 

processed foods. The crop group 

regulations currently in 40 CFR 180.40 

and 180.41 enable the establishment of 

tolerances for a group of crops based on 

residue data for certain crops that are 

representative of the group. Crop group 

regulations are promulgated under 

section 408(e)(1)(C) which authorizes 

EPA to establish ‘‘general procedures 

and requirements to implement [section 

408].’’ 21 U.S.C. 346a(e)(1)(C). 

C. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer or food manufacturer. The 

following list of North American 

Industrial Classification System 

(NAICS) codes is not intended to be 

exhaustive, but rather provides a guide 

to help readers determine whether this 

document might apply to them. 

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). 

• Pesticide manufacturing (NAICS 

code 32532). 

D. What are the incremental costs and 

benefits of this action? 

EPA prepared an analysis of the 

potential costs and benefits associated 

with the establishment of crop 

groupings when it issued the first 

proposed rule in this series of 

rulemakings, which published in the 

Federal Register of May 23, 2007 (77 FR 

28920). This analysis is contained in 

‘‘Economic Analysis Proposed 

Expansion of Crop Grouping Program,’’ 

a copy of which is available in the 

docket for this action. In general, the 

Agency anticipates that revisions to the 

crop grouping program will result in no 

appreciable costs or negative impacts to 

consumers, specialty crop producers, 

pesticide registrants, human health, or 

the environment. The impacts of this 

rule are measured primarily on a 

qualitative basis. However, the rule is 

expected to reduce the cost of 

generating residue data for pesticide 

registration and new food uses, because 

it will have the effect of reducing the 

number of residue chemistry studies, 

because fewer representative crops 

would need to be tested under a crop 

grouping scheme than would otherwise 

be required. 

Benefits of the rule can be shown 

through an example of the impact of the 

changes to Crop Group 3 that were 

accomplished in a prior rulemaking (72 

FR 69150, December 7, 2007). That 

rulemaking expanded Crop Group 3, 

Bulb Vegetable, from 7 to 25 crops, an 

increase of 18 from the original crop 

group. Prior to the expansion of that 

subgroup, adding tolerances for 18 new 

crops would have required at least 18 

field trials at a cost of approximately 

$5.4 million (assuming $300,000 per 

field trial). 

This action is intended to promote 

more extensive use of crop group 

tolerances; in particular, it will assist in 

making available lower-risk pesticides 

for minor crops both domestically and 

in countries that export food to the 

United States. In addition, expanding 

crop groups will greatly increase the 

efficiency of IR–4 and EPA in registering 

pesticides on specialty crops and reduce 

the administrative costs of both the IR– 

4 testing process and the EPA review 

process. 

II. The Proposed Rule 

EPA published a notice of proposed 

rulemaking in the Federal Register of 

November 9, 2011 (76 FR 69693) (FRL– 

8887–8). Written comments were 

received from three parties in response 

to the proposal: A private citizen; The 

Embassy of the Republic of Korea; and 

from the American Pistachio Growers 

trade association. 

III. Response to Comments 

In this section, EPA describes the 

major provisions of the proposed rule, 

the comments received on each 

provision and EPA’s responses to those 

comments, including EPA’s 

determination if any modification of the 

proposed rule is warranted. 

A. Crop Group 12–12: Stone Fruit Group 

1. Revise the proposed crop group 

name. The final rule retains the preexisting Crop Group 12 and adds a new 

group titled ‘‘Crop Group 12–12: Stone 

Fruit Group.’’ Although the new group 

was proposed as ‘‘Crop Group 12–11: 

Stone Fruit Group,’’ this change has 

been effected in order to reflect the 

correct year of establishment, which is 

2012. Therefore, this final rule adds a 

new stone fruit group, ‘‘Crop Group 12– 

12: Stone Fruit Group,’’ but retains the 

pre-existing Crop Group 12. 

2. Add commodities. The final rule 

expands the stone fruit crop group from 

the existing 11 commodities to 22 

commodities in Crop Group 12–12: 

Stone Fruit Group. 

EPA received one comment from a 

private citizen that noted that the 

commodity chokecherry, which was 

proposed to be included in the revised 

Crop Group 12–12: Stone Fruit Group 

and Cherry subgroup 12–12A, is already 

established in Crop Group 13–07: Berry 

and Small Fruit Group and Large Shrub/ 

Tree Berry Subgroup 13–07C. As a 

general practice, the Agency will avoid 

having a commodity as a member of 

more than one crop group. Accordingly, 

EPA revisited the proposal to include 

chokecherry in the revised crop group. 

Although chokecherry is a stone fruit, 

its fruit size is closer to elderberry and 

mulberry, the representative 

commodities for Large Shrub/Tree Berry 

Subgroup 13–07C, rather than sweet or 

tart cherry, the representative 

commodities for Cherry Subgroup 12– 

12A. The diameter for chokecherry is 

0.3 inches (0.8 cm), elderberry is 0.3–0.5 

inches (0.8–1.3 cm), mulberry is 0.5 

inches (1.3 cm), and sweet cherry is 1.4 

inches (3.6 cm). Cherry, the commodity 

proposed as the representative for 

chokecherry in the revised Crop 

Subgroup 12–12A, has a diameter that is 

approximately 4.7 times larger than the 

chokecherry, while both elderberry and 

mulberry are approximately the same 

size as chokecherry. The application of 

pesticides on commodities with smaller 

diameters (surface area to volume ratio) 

often results in higher residues than on 

larger commodities. Therefore, the EPA 

has determined that it is appropriate to 

retain chokecherry in the previously 

established Crop Group 13–07 and 

Subgroup 13–07C and will not include 

chokecherry in Crop Group 12–12: 

Stone Fruit Group or Cherry Subgroup 

12–12A. 

Additionally, a comment was 

received from the Embassy of the 

Republic of Korea requesting that 

Chinese jujube (Ziziphus jujuba Mill.) 

be reconsidered as a member of Crop 

Group 12–12: Stone Fruit Group. 

Chinese jujube was originally included 

in the petition to the Agency as a 

proposed member of the revised stone 

fruit crop group. However, when EPA 

first reviewed the available supporting 

information, EPA concluded that it 

might be more appropriate to include 

Chinese jujube in a future proposed 

tropical fruit, edible peel crop group. 

The Agency noted that Chinese jujube is 

a member of a different plant family 

(Rhamnaceae instead of Rosaceae) as a 

rationale for this decision. Further 

information about the original petition 


wreier-aviles on DSK7SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 163 / Wednesday, August 22, 2012 / Rules and Regulations 50619 

to the Agency to include Chinese jujube 

and EPA’s previous review of the 

commodity can be found in the docket, 

identified by document ID No. EPA– 

HQ–OPP–2006–0766–0044. 

However, after reviewing the Korean 

data submitted with the comment and 

literature from the United States, EPA 

finds that Chinese jujube growth and 

cultural practices are similar to some 

stone fruits, such as cherries and small 

varieties of plums, and should therefore 

be similar to other stone fruit in terms 

of pesticide residue exposure. 

Chinese jujube is a traditional East 

Asian fruit crop mainly cultivated in 

temperate regions of China, Korea, 

Taiwan, and Japan. Chinese jujube has 

large leaf canopies shading the small 

sized fruits, and the fruit is botanically 

considered a stone fruit or ‘‘drupe.’’ The 

Chinese jujube is also deciduous; the 

crop loses its leaves in the fall and has 

a dormant period in the winter, similar 

to other members of Crop Group 12–12: 

Stone Fruit Group. Additionally, the 

flower to harvest time as well as the 

fruit shape, size, and smooth skin 

texture is similar to the plum. 

The Chinese jujube was introduced 

into the United States from China in 

1908, and it is widely distributed in the 

southern states as both an ornamental 

crop and potential minor food crop. 

Improved varieties of Chinese jujube are 

available to growers from commercial 

nursery catalog companies, and there 

has been recent research in cultivating 

the crop in the United States as a 

potential profitable minor crop. For 

these reasons, EPA concludes it would 

be appropriate to include Chinese jujube 

as a member of Crop Group 12–12: 

Stone Fruit Group, and as a member of 

the Plum Subgroup 12–12C. 

Finally, EPA has revised the 

taxonomic names for several 

commodities in Crop Group 12–12: 

Stone Fruit Group, in order to reflect the 

currently accepted taxonomic name or 

names. Based on the decision to remove 

chokecherry and add Chinese jujube to 

the revised Crop Group 12–12: Stone 

Fruit Group, the final rule expands Crop 

Group 12–12: Stone Fruit Group to 

include 22 commodities. 

3. Create new subgroups. The final 

rule retains the proposed addition of 

three subgroups to Crop Group 12–12: 

Stone Fruit Group, and updates the 

names of the subgroups to reflect the 

correct year that the subgroups are being 

established. Based on the information 

considered, chokecherry has been 

removed from inclusion in Crop 

Subgroup 12–12A, and Chinese jujube 

has been added to Crop Subgroup 12– 

12C. Therefore, the three subgroups are 

being established as follows: 

i. Cherry Subgroup 12–12A. 

(Representative commodities—Sweet 

cherry or Tart cherry). Five commodities 

are included in this subgroup. 

ii. Peach Subgroup 12–12B. 

(Representative commodity—Peach). 

Two commodities are included in this 

subgroup. 

iii. Plum Subgroup 12–12C. 

(Representative commodities—Plum or 

Prune plum). Fifteen commodities are 

included in this subgroup. 

EPA adopts these proposals as final, 

with the changes noted in this section. 

B. Crop Group 14–12: Tree Nut Group 

1. Revise the proposed crop group 

name. The final rule retains the preexisting Crop Group 14 and adds a new 

group titled ‘‘Crop Group 14–12: Tree 

Nut Group.’’ Although the new group 

was proposed as ‘‘Crop Group 14–11: 

Tree Nut Group,’’ this change has been 

effected in order to reflect the correct 

year of establishment, which is 2012. 

Therefore, this final rule adds a new tree 

nut group, ‘‘Crop Group 14–12: Tree Nut 

Group,’’ but retains the pre-existing 

Crop Group 14. 

2. Add commodities. The final rule 

expands the tree nut crop group from 

the existing 12 commodities to 39 

commodities in Crop Group 14–12: Tree 

Nut Group. 

EPA received one comment from the 

American Pistachio Growers trade 

association that supported including 

pistachio in the revised tree nut crop 

group. They noted that including 

pistachio will, ‘‘* * * provide the 

pistachio growers with the ability to use 

crop tools necessary to combat pests,’’ 

and further noted that, ‘‘* * * growers, 

processors, marketers, and consumers 

* * * will benefit from including 

pistachios in the tree nut group.’’ EPA 

agrees with these comments. 

EPA has revised the taxonomic names 

for several commodities in Crop Group 

14–12: Tree Nut Group, in order to 

reflect the currently accepted taxonomic 

name or names. Therefore, EPA adopts 

these proposals as final, with the 

changes noted in this section. 

IV. The Final Rule 

After fully considering all comments, 

EPA is finalizing the proposed rule with 

the revisions discussed previously. 

Other than these revisions, EPA is 

finalizing the rule as proposed, based on 

the rationale set forth in the proposed 

rule. 

V. Implementation 

When a crop group is amended in a 

manner that expands or contracts its 

coverage of commodities, EPA will (1) 

retain the pre-existing crop group in 40 

CFR 180.41; (2) insert the revised crop 

group immediately after the pre-existing 

crop group in the Code of Federal 

Regulations; and (3) title the revised 

crop group in a way that clearly 

differentiates it from the pre-existing 

crop group. 

The revised crop group will retain 

roughly the same name and number as 

the pre-existing group, except the 

number will be followed by a dash and 

the final digits of the year established 

(e.g., Crop Group 8–10). 

EPA will initially retain pre-existing 

crop groups that have been superseded 

by revised crop groups. EPA will not 

establish new tolerances under the preexisting groups. Further, EPA plans to 

eventually convert tolerances for any 

pre-existing crop group to tolerances 

with coverage under the revised crop 

group. This conversion will be effected 

both through the registration review 

process and in the course of evaluating 

new uses for a pesticide. EPA requests 

that petitioners for tolerances address 

this issue in their petitions. For existing 

petitions for which a Notice of Filing 

has been published, the Agency will 

attempt to conform these petitions to 

this rule. 

VI. Statutory and Executive Order 

Reviews 

A. Executive Orders 12866 and 13563 

This action is not a ‘‘significant 

regulatory action’’ under the terms of 

Executive Order 12866, entitled 

‘‘Regulatory Planning and Review’’ (58 

FR 51735, October 4, 1993) and was 

therefore not reviewed by the Office of 

Management and Budget (OMB) under 

Executive Orders 12866 and 13563, 

entitled ‘‘Improving Regulation and 

Regulatory Review’’ (76 FR 3821, 

January 21, 2011). 

B. Paperwork Reduction Act 

This rule does not impose any new 

information collection requirements that 

would require additional review or 

approval by OMB under the Paperwork 

Reduction Act (PRA), 44 U.S.C. 3501 et 

seq. Burden is defined at 5 CFR 

1320.3(b). An Agency may not conduct 

or sponsor, and a person is not required 

to respond to a collection of information 

that requires OMB approval under PRA, 

unless it has been approved by OMB 

and displays a currently valid OMB 

control number. The OMB control 

numbers for EPA’s regulations in title 40 

of the CFR, after appearing in the 

Federal Register, are listed in 40 CFR 

part 9, and included on the related 

collection instrument, or form, if 

applicable. 


wreier-aviles on DSK7SPTVN1PROD with RULES
50620 Federal Register / Vol. 77, No. 163 / Wednesday, August 22, 2012 / Rules and Regulations 

The information collection activities 

associated with the submission of a 

petition to request a tolerance are 

already approved under OMB control 

number 2070–0024 (EPA ICR No. 

0597.10), and the changes to the crop 

grouping regulations do not change the 

covered activities such that additional 

OMB review or approval is required. 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA), 

5 U.S.C. 601 et seq., generally requires 

an agency to prepare a regulatory 

flexibility analysis of any rule subject to 

notice and comment rulemaking 

requirements under the Administrative 

Procedure Act (APA), 5 U.S.C. 551–553, 

or any other statute unless the agency 

certifies that the rule will not have a 

significant economic impact on a 

substantial number of small entities. 

Under the RFA, small entities include 

small businesses, small organizations, 

and small governmental jurisdictions. 

For the purpose of assessing the 

impacts of this final rule on small 

entities, a small entity is defined as: (1) 

A small business as defined by the 

Small Business Administration’s (SBA) 

regulations at 13 CFR 121.201; (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. 

After considering the economic 

impacts of this final rule on small 

entities, I certify that this action will not 

have a significant economic impact on 

a substantial number of small entities. 

This final rule does not have any direct 

adverse impacts on small businesses, 

small non-profit organizations, or small 

local governments. In determining 

whether a rule has a significant 

economic impact on a substantial 

number of small entities, the impact of 

concern is any significant adverse 

economic impact on small entities, 

since the primary purpose of the 

regulatory flexibility analyses is to 

identify and address regulatory 

alternatives ‘‘which minimize any 

significant economic impact of the 

proposed rule on small entities’’ (5 

U.S.C. 603 and 604). Thus, an agency 

may certify under section 605(b) of the 

RFA if the rule relieves regulatory 

burdens or otherwise has a positive 

economic effect on all of the small 

entities subject to the rule. 

As discussed previously, this rule 

provides regulatory relief and regulatory 

flexibility. The new crop groups ease 

the process for pesticide manufacturers 

to obtain pesticide tolerances on greater 

numbers of crops. Pesticides will be 

more widely available to growers for use 

on crops, particularly specialty crops. 

D. Unfunded Mandates Reform Act 

Pursuant to Title II of the Unfunded 

Mandates Reform Act (UMRA), 2 U.S.C. 

1531–1538, EPA has determined that 

this final rule 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 one year. 

Accordingly, this rule is not subject to 

the requirements of sections 202, 203, 

204, and 205 of UMRA. 

E. Executive Order 13132 

This action will not have ‘‘federalism 

implications’’ as specified in Executive 

Order 13132, entitled ‘‘Federalism’’ (64 

FR 43255, August 10, 1999), because 

this action 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 final rule. 

F. Executive Order 13175 

This action will not have ‘‘tribal 

implications’’ as specified in Executive 

Order 13175, entitled ‘‘Consultation and 

Coordination with Indian Tribal 

Governments:’’ (65 FR 67249, November 

9, 2000), because it will not have any 

effect 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 final 

rule. 

G. Executive Order 13045 

EPA interprets Executive Order 

13045, entitled ‘‘Protection of Children 

from Environmental Health Risks and 

Safety Risks’’ (62 FR 19885, April 23, 

1997) as applying only to those 

regulatory actions that concern health or 

safety risks, such that the analysis 

required under section 5–501 of the 

Order has the potential to influence the 

regulation. Executive Order 13045 does 

not apply to this rule because this action 

is not designated as an ‘‘economically 

significant regulatory action’’ as defined 

by Executive Order 12866 (see Unit 

III.A.), nor does it establish an 

environmental standard, or otherwise 

have a disproportionate effect on 

children. 

H. Executive Order 13211 

This action is not a ‘‘significant 

energy action’’ as defined in 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 likely to have 

any adverse effect on the supply, 

distribution, or use of energy. 

I. National Technology Transfer and 

Advancement Act 

This action does not involve technical 

standards that would require the 

consideration of voluntary consensus 

standards pursuant to section 12(d) of 

the National Technology Transfer and 

Advancement Act (NTTAA), 15 U.S.C. 

272 note. 

J. Executive Order 12898 

This action does not have an adverse 

impact on the environmental and health 

conditions in low-income and minority 

communities. Therefore, this action 

does not involve special consideration 

of environmental justice related issues 

as specified in Executive Order 12898, 

entitled ‘‘Federal Actions to Address 

Environmental Justice in Minority 

Populations and Low-Income 

Populations’’ (59 FR 7629, February 16, 

1994). 

VII. Congressional Review Act 

Pursuant to the Congressional Review 

Act, 5 U.S.C. 801 et seq., EPA will 

submit a report containing this rule and 

other required information to the U.S. 

Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States prior to 

publication of the rule in the Federal 

Register. This rule is not a ‘‘major rule’’ 

as defined by 5 U.S.C. 804(2). 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

pesticides and pests. 

Dated: July 31, 2012. 

James Jones, 

Assistant Administrator for Chemical Safety 

and Pollution Prevention. 

Therefore, 40 CFR chapter I is 

amended as follows: 

PART 180—[AMENDED] 

■ 1. The authority citation for part 180 

continues to read as follows: 

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

■ 2. Section 180.41 is amended as 

follows: 

■ a. Redesignate paragraphs (c)(17) 

through (c)(26) as paragraphs (c)(18) 


wreier-aviles on DSK7SPTVN1PROD with RULES
Federal Register / Vol. 77, No. 163 / Wednesday, August 22, 2012 / Rules and Regulations 50621 

through (c)(27), respectively, and add a 

new paragraph (c)(17). 

■ b. Redesignate newly redesignated 

paragraphs (c)(21) through (c)(27) as 

paragraphs (c)(22) through (c)(28), 

respectively, and add a new paragraph 

(c)(21). 

These amendments read as follows: 

§ 180.41 Crop group tables. 

* * * * * 

(c) * * * 

(17) Crop Group 12–12: Stone Fruit 

Group. 

(i) Representative commodities. Sweet 

cherry or Tart cherry; Peach; and Plum 

or Prune plum. 

(ii) Commodities. The following Table 

1 is a list of all commodities included 

in Crop Group 12–12. 

TABLE 1—CROP GROUP 12–12: STONE FRUIT GROUP

Commodities Related crop 

subgroup 

Apricot (Prunus armeniaca L.) ............................................................................................................................................................... 12–12C 

Apricot, Japanese (Prunus mume Siebold & Zucc.) ............................................................................................................................. 12–12C 

Capulin (Prunus serotina Ehrh. var. salicifolia (Kunth) Koehne) ........................................................................................................... 12–12A 

Cherry, black (Prunus serotina Ehrh.) ................................................................................................................................................... 12–12A 

Cherry, Nanking (Prunus tomentosa Thunb.) ........................................................................................................................................ 12–12A 

Cherry, sweet (Prunus avium (L.) L.) .................................................................................................................................................... 12–12A 

Cherry, tart (Prunus cerasus L.) ............................................................................................................................................................ 12–12A 

Jujube, Chinese (Ziziphus jujuba Mill.) .................................................................................................................................................. 12–12C 

Nectarine (Prunuspersica (L.) Batsch var. nucipersica (Suckow) C.K. Schneid) ................................................................................. 12–12B 

Peach (Prunus persica (L.) Batsch var. persica) ................................................................................................................................... 12–12B 

Plum (Prunus domestica L. subsp. domestica) ..................................................................................................................................... 12–12C 

Plum, American (Prunus americana Marshall) ...................................................................................................................................... 12–12C 

Plum, beach (Prunus maritima Marshall) .............................................................................................................................................. 12–12C 

Plum, Canada (Prunus nigra Aiton) ....................................................................................................................................................... 12–12C 

Plum, cherry (Prunus cerasifera Ehrh.) ................................................................................................................................................. 12–12C 

Plum, Chickasaw (Prunus angustifolia Marshall) .................................................................................................................................. 12–12C 

Plum, Damson (Prunus domestica L. subsp. insititia (L.) C.K. Schneid.) ............................................................................................. 12–12C 

Plum, Japanese (Prunus salicina Lindl.; P. salicina Lindl. var. salicina) .............................................................................................. 12–12C 

Plum, Klamath (Prunus subcordata Benth.) .......................................................................................................................................... 12–12C 

Plum, prune (Prunus domestica L. subsp. domestica) .......................................................................................................................... 12–12C 

Plumcot (Prunus hybr.) .......................................................................................................................................................................... 12–12C 

Sloe (Prunus spinosa L.) ....................................................................................................................................................................... 12–12C 

Cultivars, varieties, and/or hybrids of these.

(iii) Crop subgroups. The following 

Table 2 identifies the crop subgroups for 

Crop Group 12–12, specifies the 

representative commodities for each 

subgroup, and lists all the commodities 

included in each subgroup. 

TABLE 2—CROP GROUP 12–12: SUBGROUP LISTING

Representative commodities Commodities 

Crop subgroup 12–12A. Cherry subgroup 

Cherry, sweet or Cherry, tart .......... Capulin; Cherry, black; Cherry, Nanking; Cherry, sweet; Cherry, tart; cultivars, varieties, and/or hybrids of 

these. 

Crop subgroup 12–12B. Peach subgroup 

Peach .............................................. Peach; Nectarine; cultivars, varieties, and/or hybrids of these. 

Crop subgroup 12–12C. Plum subgroup 

Plum or Prune plum ........................ Apricot; Apricot, Japanese; Jujube, Chinese; Plum; Plum, American; Plum, beach; Plum, Canada; Plum, 

cherry; Plum, Chickasaw; Plum, Damson; Plum, Japanese; Plum, Klamath; Plumcot; Plum, prune; Sloe; 

cultivars, varieties, and/or hybrids of these. 

* * * * * 

(21) Crop Group 14–12. Tree Nut 

Group. 

(i) Representative commodities. 

Almond and Pecan. 

(ii) Commodities. The following is a 

list of all commodities included in Crop 

Group 14–12. 

CROP GROUP 14–12: TREE NUT GROUP

African nut-tree (Ricinodendron heudelotii (Baill.) Heckel) 

Almond (Prunus dulcis (Mill.) D.A. Webb) 

Beechnut (Fagus grandifolia Ehrh.; F. sylvatica L.) 

Brazil nut (Bertholletia excelsa Humb. & Bonpl.) 

Brazilian pine (Araucaria angustifolia (Bertol.) Kuntze) 

Bunya (Araucaria bidwillii Hook.) 


wreier-aviles on DSK7SPTVN1PROD with RULES
50622 Federal Register / Vol. 77, No. 163 / Wednesday, August 22, 2012 / Rules and Regulations 

CROP GROUP 14–12: TREE NUT GROUP—Continued 

Bur oak (Quercus macrocarpa Michx.) 

Butternut (Juglans cinerea L.) 

Cajou nut (Anacardium giganteum Hance ex Engl.) 

Candlenut (Aleurites moluccanus (L.) Willd.) 

Cashew (Anacardium occidentale L.) 

Chestnut (Castanea crenata Siebold & Zucc.; C. dentata (Marshall) Borkh.; C. mollissima Blume; C. sativa Mill.) 

Chinquapin (Castaneapumila (L.) Mill.) 

Coconut (Cocos nucifera L.) 

Coquito nut (Jubaea chilensis (Molina) Baill.) 

Dika nut (Irvingia gabonensis (Aubry-Lecomte ex O’Rorke) Baill.) 

Ginkgo (Ginkgo biloba L.) 

Guiana chestnut (Pachira aquatica Aubl.) 

Hazelnut (Filbert) (Corylus americana Marshall; C. avellana L.; C. californica (A. DC.) Rose; C. chinensis Franch.) 

Heartnut (Juglans ailantifolia Carrie`re var. cordiformis (Makino) Rehder) 

Hickory nut (Carya cathayensis Sarg.; C. glabra (Mill.) Sweet; C. laciniosa (F. Michx.) W. P. C. Barton; C. myristiciformis (F. Michx.) Elliott; C. 

ovata (Mill.) K. Koch; C. tomentosa (Lam.) Nutt.) 

Japanese horse-chestnut (Aesculus turbinate Blume) 

Macadamia nut (Macadamia integrifolia Maiden & Betche; M. tetraphylla L.A.S. Johnson) 

Mongongo nut (Schinziophyton rautanenii (Schinz) Radcl.-Sm.) 

Monkey-pot (Lecythis pisonis Cambess.) 

Monkey puzzle nut (Araucaria araucana (Molina) K. Koch) 

Okari nut (Terminalia kaernbachii Warb.) 

Pachira nut (Pachira insignis (Sw.) Savigny) 

Peach palm nut (Bactris gasipaes Kunth var. gasipaes) 

Pecan (Carya illinoinensis (Wangenh.) K. Koch) 

Pequi (Caryocar brasiliense Cambess.; C. villosum (Aubl.) Pers; C. nuciferum L.) 

Pili nut (Canarium ovatum Engl.; C. vulgare Leenh.) 

Pine nut (Pinus edulis Engelm.; P. koraiensis Siebold & Zucc.; P. sibirica Du Tour; P. pumila (Pall.) Regel; P. gerardiana Wall. ex D. Don; P. 

monophylla Torr. & Fre ́m.; P. quadrifolia Parl. ex Sudw.; P. pinea L.) 

Pistachio (Pistacia vera L.) 

Sapucaia nut (Lecythis zabucaja Aubl.) 

Tropical almond (Terminalia catappa L.) 

Walnut, black (Juglans nigra L.; J. hindsii Jeps. ex R. E. Sm.; J. microcarpa Berland.) 

Walnut, English (Juglans regia L.) 

Yellowhorn (Xanthoceras sorbifolium Bunge) 

Cultivars, varieties, and/or hybrids of these 

* * * * * 

[FR Doc. 2012–20667 Filed 8–21–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 268 

[EPA–HQ–RCRA–2010–0851; FRL–9715–3] 

Land Disposal Restrictions: SiteSpecific Treatment Variance for 

Hazardous Selenium-Bearing Waste 

Treated by U.S. Ecology Nevada in 

Beatty, NV 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: EPA (or the Agency) is 

granting a site-specific treatment 

variance, under the Land Disposal 

Restrictions program, to U.S. Ecology 

Nevada in Beatty, Nevada for the 

treatment of a hazardous seleniumbearing waste generated by the OwensBrockway Glass Container Company in 

Vernon, California. The Agency has 

determined that the chemical properties 

of the waste generated by the OwensBrockway Glass Container Corporation 

differ significantly from the waste used 

in developing the Land Disposal 

Restrictions treatment standard for 

selenium-bearing wastes, and as such 

cannot be treated to the specified 

treatment level of 5.7 mg/L for 

selenium, as measured by the Toxicity 

Characteristic Leaching Procedure 

(TCLP). The site-specific treatment 

variance provides an alternative 

treatment standard of 59 mg/L TCLP for 

selenium, with the condition that the 

waste-to-reagent ratio not exceed 1:0.45. 

DATES: This final rule will be effective 

August 22, 2012. 

ADDRESSES: EPA has established a 

docket for this action under Docket ID 

No. EPA–HQ–RCRA–2010–0851. All 

documents in the docket are listed on 

the http://www.regulations.gov Web 

site. Although listed in the index, some 

information may not be publicly 

available, because for example, it may 

be Confidential Business Information 

(CBI) or other information, the 

disclosure of which is restricted by 

statute. Certain 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 electronically through 

http://www.regulations.gov or in hard 

copy at the RCRA Docket, EPA/DC, EPA 

West, Room 3334, 1301 Constitution 

Avenue NW., Washington, DC. The 

Docket Facility is open from 8:30 a.m. 

to 4:30 p.m., Monday through Friday, 

excluding legal holidays. The telephone 

number for the Public Reading Room is 

(202) 566–1744, and the telephone 

number for the RCRA Docket is (202) 

566–0270. A reasonable fee may be 

charged for copying docket materials. 

FOR FURTHER INFORMATION CONTACT: For 

more information on this rulemaking, 

contact Jesse Miller, Materials Recovery 

and Waste Management Division, Office 

of Resource Conservation and Recovery 

(MC 5304 P), U.S. Environmental 

Protection Agency, 1200 Pennsylvania 

Ave. NW., Washington, DC 20460; 

telephone (703) 308–1180; fax (703) 

308–0522; or miller.jesse@epa.gov. 

SUPPLEMENTARY INFORMATION: 

A. Does this action apply to me? 

This action applies only to U.S. Ecology 

Nevada located in Beatty, Nevada. 

B. Table of Contents 

I. Background 


wreier-aviles on DSK7SPTVN1PROD with RULES