Federal Register / Vol. 73, No. 198 / Friday, October 10, 2008 / Rules and Regulations 60151 

[FR Doc. E8–23676 Filed 10–9–08; 8:45 am] 

BILLING CODE 6717–01–C 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2002–0043; FRL–8376–1] 

Pesticide Tolerance Nomenclature 

Changes; Technical Amendments 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule; Technical 

Amendments. 

SUMMARY: This document makes minor 

technical revisions to the terminology of 

certain commodity terms listed under 

40 CFR part 180, subparts A, C, and E. 

EPA is taking this action to establish a 

uniform listing of commodity terms 

throughout part 180. 

DATES: This regulation is effective 

October 10, 2008. Objections and 

requests for hearings must be received 

on or before December 9, 2008, and 

must be filed in accordance with the 

instructions provided in 40 CFR part 

178 (see also Unit I.C. of the 

SUPPLEMENTARY INFORMATION ). 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPP–2002–0043. To access the 

electronic docket, go to http:// 

www.regulations.gov, select ‘‘Advanced 

Search,’’ then ‘‘Docket Search.’’ Insert 

the docket ID number where indicated 

and select the ‘‘Submit’’ button. Follow 

the instructions on the regulations.gov 

website to view the docket index or 

access available documents. All 

documents in the docket are listed in 

the docket index available in 

regulations.gov. Although listed in the 

index, some information is not publicly 

available, e.g., Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available in the electronic docket at 

http://www.regulations.gov, or, if only 

available in hard copy, at the OPP 

Regulatory Public Docket in Rm. S– 

4400, One Potomac Yard (South Bldg.), 

2777 S. Crystal Dr., Arlington, VA. The 

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

to 4 p.m., Monday through Friday, 

excluding legal holidays. The Docket 

Facility telephone number is (703) 305– 

5805. 

FOR FURTHER INFORMATION CONTACT: 

Stephen Schaible, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 308-9362; e-mail address: 

schaible.stephen@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Action Apply to Me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. Potentially 

affected entities may include, but are 

not limited to those engaged in the 

following activities: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

This listing is not intended to be 

exhaustive, but rather to provide 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. How Can I Access Electronic Copies 

of this Document? 

In addition to accessing an electronic 

copy of this Federal Register document 

through the electronic docket at http:// 

www.regulations.gov, you may access 

this Federal Register document 

electronically through the EPA Internet 

under the ‘‘Federal Register’’ listings at 

http://www.epa.gov/fedrgstr. You may 

also access a frequently updated 

electronic version of EPA’s tolerance 

regulations at 40 CFR part 180 through 

the Government Printing Office’s pilot 

e-CFR site at http://www.gpoaccess.gov/ 

ecfr. 

C. Can I File an Objection or Hearing 

Request? 

Under section 408(g) of FFDCA, any 

person may file an objection to any 

aspect of this regulation and may also 

request a hearing on those objections. 

You must file your objection or request 

a hearing on this regulation in 

accordance with the instructions 

provided in 40 CFR part 178. To ensure 

proper receipt by EPA, you must 

identify docket ID number EPA–HQ– 

OPP–2002–0043 in the subject line on 

the first page of your submission. All 

requests must be in writing, and must be 

mailed or delivered to the Hearing Clerk 

as required by 40 CFR part 178 on or 

before December 10, 2008. 

In addition to filing an objection or 

hearing request with the Hearing Clerk 

as described in 40 CFR part 178, please 

submit a copy of the filing that does not 

contain any CBI for inclusion in the 

public docket that is described in 

ADDRESSES. Information not marked 

confidential pursuant to 40 CFR part 2 

may be disclosed publicly by EPA 

without prior notice. Submit this copy, 

identified by docket ID number EPA– 

HQ–OPP–2002–0043, by one of the 

following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the on-line 

instructions for submitting comments. 

• Mail: Office of Pesticide Programs 

(OPP) Regulatory Public Docket (7502P), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001. 

• Delivery: OPP Regulatory Public 

Docket (7502P), Environmental 

Protection Agency, Rm. S–4400, One 

Potomac Yard (South Bldg.), 2777 S. 

Crystal Dr., 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 Facility telephone number is 

(703) 305–5805. 

II. Background 

A. What Action is the Agency Taking? 

EPA’s Office of Pesticide Programs 

(OPP) has developed a commodity 

vocabulary database entitled ‘‘Food and 

Feed Commodity Vocabulary.’’ The 

database was developed to consolidate 

all the major OPP commodity 

vocabularies into one standardized 

vocabulary. As a result, all future 

pesticide tolerances issued under 40 

CFR part 180 will use the ‘‘preferred 

commodity term’’ as listed in the 

aforementioned database. Previously, 

seven documents in a series of 

documents revising the terminology of 

commodity terms currently in 

tolerances in 40 CFR part 180 have been 

published. Final Rules, revising 

pesticide tolerance nomenclature, were 

published in the Federal Register on 

June 19, 2002 (67 FR 41802) (FRL– 

6835–2); June 21, 2002 (67 FR 42392) 

(FRL–7180–1); July 1, 2003 (68 FR 


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60152 Federal Register / Vol. 73, No. 198 / Friday, October 10, 2008 / Rules and Regulations 

39428) (FRL–7308–9) and (68 FR 

39435)(FRL–7316–9); December 13, 

2006 (71 FR 74802) (FRL–8064–3); and 

September 18, 2007 (72 FR 53134)(FRL– 

8126–5); corrected on October 31, 2007 

(72 FR 61535)(FRL–8151–4). 

In the Federal Register of June 18, 

2008 (73 FR 34678), EPA issued a 

proposed rule proposing to revise the 

terminology for certain commodity 

terms in 40 CFR part 180, subparts A, 

C and E. The issuance of this document 

finalizes the changes proposed in the 

June 18, 2008 issue of the Federal 

Register. EPA is making the following 

format changes to the terminology of the 

commodity terms in 40 CFR part 180 to 

the extent the terminology is not already 

in this format: 

1. The first letter of the commodity 

term is capitalized. All other letters, 

including the first letter of proper 

names, are changed to lower case. 

2. Commodity terms are listed in the 

singular, although there are the 

following exceptions: leaves, roots, tops, 

greens, hulls, vines, fractions, shoots, 

and byproducts. 

3. Commodity terms are amended so 

that generic terms precede modifying 

terms. Example - Aspirated grain 

fractions is replaced with Grain, 

aspirated fractions. 

4. Crop group terms are revised to 

standardize with the ‘‘Food and Feed 

Commodity Vocabulary.’’ Examples are: 

• Vegetable, leafy greens, except 

Brassica, group 4 is replaced with 

Vegetable, leafy, except brassica, group 

4. 

• Legume vegetables, succulent or 

dried (except soybean) is replaced with 

Vegetable, legume, group 6, except 

soybean. 

• Vegetable, legume, edible podded, 

subgroup is replaced with Vegetable, 

legume, edible podded, subgroup 6A. 

B. Additional Changes 

In addition to format changes to the 

commodity terms, this document also 

revises certain commodity terms in 40 

CFR part 180, subpart C and one change 

in subpart E. These revisions would 

replace certain commodity terms that 

are no longer used by EPA with the 

appropriate matching term in the ‘‘Food 

and Feed Commodity Vocabulary.’’ For 

example: 

1. Cotton, oil and Peanut oil are 

replaced with Cotton, refined oil and 

Peanut, refined oil. 

2. Cacao and Cacao bean are replaced 

with Cacao bean, bean. 

3. Coffee and Coffee, bean are 

replaced with Coffee, bean, green. 

4. Coffee, postharvest is replaced with 

Coffee, bean, roasted bean, postharvest. 

5. Corn, field, grain, flour is replaced 

with Corn, field, flour. 

6. Date is replaced with Date, dried 

fruit. 

7. Grass, fodder is replaced with 

Grass, straw. 

8. Guar is replaced with Guar, seed. 

9. Hop is replaced with Hop, dried 

cones. 

10. Mulberry, Indian is replaced with 

Noni. 

11. Oat milling fractions (except flour) 

and Oat, milled fractions (except flour) 

are replaced with Oat, groats/rolled oats. 

12. Pea, vines is replaced with Pea, 

field, vines. 

13. Peavine, hay is replaced with Pea, 

field, hay. 

14. Soybean, aspirated grain fractions 

is replaced with Grain, aspirated 

fractions. 

15. Wheat, grain, milled byproducts 

and Wheat, milled feed fractions are 

replaced with Wheat, milled 

byproducts. 

16. In § 180.2003, the commodity term 

‘‘eggs’’ is changed to ‘‘egg.’’ This change 

was not included in the June 2008 

proposed rule, however, EPA has 

previously made this same change 

throughout subparts A and C, therefore, 

this amendment merely conforms 

subpart E to changes that have already 

been made to the terminology in part 

180. 

In certain instances, more than one 

replacement commodity term exists in 

the ‘‘Food and Feed Commodity 

Vocabulary’’ for the older commodity 

terms in 40 CFR part 180, subpart C. For 

example, the preferred commodity 

terms for Grass are Grass, forage and 

Grass, hay. Certain revisions included in 

this document were made by choosing 

a replacement commodity term from the 

‘‘Food and Feed Commodity 

Vocabulary’’ based on the old 

commodity term and existing tolerances 

for related food or feed commodities. 

These changes are specific to the 

amended sections and paragraphs in 40 

CFR part 180, supbart C. For example: 

In § 180.154(a) the commodity term 

Alfalfa is replaced with Alfalfa, forage. 

Alfalfa, forage and Alfalfa, hay are 

preferred commodity terms for Alfalfa. 

Alfalfa, forage was chosen to replace 

Alfalfa since tolerances are established 

for Alfalfa, hay. 

In § 180.121(e), Beet (with or without 

tops) is replaced with Beet, garden, 

roots. Beet, garden, roots and Beet, 

garden, tops are the preferred 

commodity terms for Beet (with or 

without tops). Beet, garden, roots was 

chosen since a tolerance is established 

for Beet, garden, tops. In § 180.408(a), 

Beet, garden is replaced with Beet, 

garden, roots. A tolerance is established 

for Beet, garden, tops. 

In § 180.154(a), Birdfoot trefoil is 

replaced with Trefoil, forage. Trefoil, 

forage and Trefoil, hay are the preferred 

commodity terms for Birdfoot trefoil. 

Trefoil, forage was chosen since a 

tolerance is established for Trefoil, hay. 

In § 180.154(a), Clover is replaced 

with Clover, forage. Clover, forage and 

Clover, hay are preferred commodity 

terms for Clover. Clover, forage was 

chosen since tolerances are established 

for Clover, hay. 

In § 180.288(a), the commodity term 

Corn, forage is replaced with Corn, field, 

forage. Corn, field, forage, and Corn, 

sweet, forage are preferred commodity 

terms for Corn, forage. Since there are 

no tolerances for sweet corn forage, 

Corn, field, forage was chosen to replace 

Corn, forage. 

In § 180.111(a)(1) the commodity term 

Grass is replaced with Grass, forage. The 

preferred terms for Grass are Grass, 

forage and Grass, hay. Grass, forage was 

chosen since tolerances are established 

for Grass, hay. 

In § 180.121(e), Rutabagas (with or 

without tops) is replaced with Rutabaga, 

roots. Rutabaga, roots and Rutabaga, 

tops are the preferred terms for 

Rutabagas (with or without tops). 

Rutabaga, roots was chosen since a 

tolerance is established for Rutabaga 

tops. 

In § 180.121(e), Turnip (with or 

without tops) is replaced with Turnip, 

roots since a tolerance is established for 

Turnip, greens. 

This document also deletes certain 

terms that are not needed to identify the 

tolerance commodities. 

Examples: 

1. The term Peanut, meat (hulls 

removed) is changed to Peanut. 

2. The term Banana, pulp (no peel) is 

changed to Banana, pulp. 

3. The commodity term Peach 

(includes nectarines) is changed to 

Peach; the ‘‘Food and Feed Commodity 

Vocabulary’’ uses the term Peach to 

include peach and nectarines. 

4. The terms Horseradish, roots and 

Potato, tuber are changed to Horseradish 

and Potato, respectively. 

5. The terms Garlic, bulb and Garlic 

(bulb) are changed to Garlic. 

6. The terms Plum (fresh) and 

Pineapple, fresh are changed to Plum 

and Pineapple, respectively. 

III. Statutory and Executive Order 

Reviews 

This document makes technical 

amendments to the Code of Federal 

Regulations which have no substantive 

impact on the underlying regulations, 

and does not otherwise impose or 


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Federal Register / Vol. 73, No. 198 / Friday, October 10, 2008 / Rules and Regulations 60153 

amend any requirements. As such, the 

Office of Management and Budget 

(OMB) has determined that a technical 

amendment is not a ‘‘significant 

regulatory action’’ subject to review by 

OMB under Executive Order 12866, 

entitled Regulatory Planning and 

Review (58 FR 51735, October 4, 1993). 

Because this final rule has been 

exempted from review under Executive 

Order 12866 due to its lack of 

significance, this rule is not subject to 

Executive Order 13211, Actions 

Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use (66 FR 28355, May 

22, 2001). This rule does not contain 

any information collections subject to 

OMB approval under the Paperwork 

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

seq., or impose any enforceable duty or 

contain any unfunded mandate as 

described under Title II of the Unfunded 

Mandates Reform Act of 1995 (UMRA) 

(Public Law 104–4). Nor does it require 

any special considerations under 

Executive Order 12898, entitled Federal 

Actions to Address Environmental 

Justice in Minority Populations and 

Low-Income Populations (59 FR 7629, 

February 16, 1994); or OMB review or 

any Agency action under Executive 

Order 13045, entitled Protection of 

Children from Environmental Health 

Risks and Safety Risks (62 FR 19885, 

April 23, 1997). 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). 

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 

or any other statute unless the agency 

certifies that the rule will not have a 

significant impact on a substantial 

number of small entities. Small entities 

include small businesses, small 

organizations, and small governmental 

organizations. After considering the 

economic impacts of today’s rule on 

small entities, I certify that this action 

will not have a significant economic 

impact on a substantial number of small 

entities. These technical amendments to 

the Code of Federal Regulations have no 

substantive impact on the underyling 

regulations. These technical 

amendments will not have any negative 

economic impact on any entities, 

including small entities. In addition, the 

Agency has determined that this action 

will not have a substantial direct effect 

on 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 

Executive Order 13132, entitled 

Federalism (64 FR 43255, August 10, 

1999). Executive Order 13132 requires 

EPA to develop an accountable process 

to ensure ‘‘meaningful and timely input 

by State and local officials in the 

development of regulatory policies that 

have federalism implications.’’ ‘‘Policies 

that have federalism implications’’ is 

defined in the Executive Order to 

include regulations that 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.’’ This rule directly 

regulates growers, food processors, food 

handlers and food retailers, not States. 

This action does not alter the 

relationships or distribution of power 

and responsibilities established by 

Congress in the preemption provisions 

of section 408(n)(4) of the FFDCA. For 

these same reasons, the Agency has 

determined that this rule does not have 

any ‘‘tribal implications’’ as described 

in Executive Order 13175, entitled 

Consultation and Coordination with 

Indian Tribal Governments (65 FR 

67249, November 6, 2000). Executive 

Order 13175, requires EPA to develop 

an accountable process to ensure 

‘‘meaningful and timely input by tribal 

officials in the development of 

regulatory policies that have tribal 

implications.’’ ‘‘Policies that have tribal 

implications’’ is defined in the 

Executive Order to include regulations 

that have ‘‘substantial direct effects on 

one or more Indian tribes, 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.’’ This 

rule will not have substantial direct 

effects on tribal governments, on the 

relationship between the Federal 

Government and Indian tribes, or on the 

distribution of power and 

responsibilities between the Federal 

Government and Indian tribes, as 

specified in Executive Order 13175. 

Thus, Executive Order 13175 does not 

apply to this rule. 

List of Subjects in 40 CFR Part 180 

Environmental protection, 

Administrative practice and procedure, 

Agricultural commodities, Pesticides 

and pest, Reporting and recordkeeping 

requirements. 

Dated: September 24, 2008. 

Debra Edwards, 

Director, Office of Pesticide Programs. 

■ Therefore, 40 CFR chapter I, part 180 

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 180.1 is amended by 

revising the table to paragraph (g) to 

read as follows: 

§ 180.1 Definitions and interpretations. 

* * * * * 

(g) * * * 

A B 

Alfalfa Medicago sativa L. Subsp. sativa, (alfalfa, lucerne); Onobrychis viciifolia Scop. 

(sainfoin, holy clover, esparcet); and Lotus corniculatus L. (trefoil); and varieties and/or hybrids of these. 

Banana Banana, plantain. 

Bean Cicer arietinum (chickpea, garbanzo bean); Lupinus spp. (including sweet lupine, white sweet lupine, white lupine, and grain lupine). Phaseolus spp. (including kidney bean, lima bean, mung bean, navy bean, pinto bean, snap 

bean, and waxbean; Vicia faba (broad bean, fava bean); Vigna spp. (including 

asparagus bean, blackeyed pea and cowpea). 


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A B 

Bean, dry All beans above in dry form only. 

Bean, succulent All beans above in succulent form only. 

Blackberry Rubus eubatus (including bingleberry, black satin berry, boysenberry Cherokee 

blackberry, Chesterberry, Cheyenne blackberry, coryberry, darrowberry, dewberry, Dirksen thornless berry, Himalayaberry, hullberry, Lavacaberry, 

lowberry, Lucretiaberry, mammoth blackberry, marionberry, nectarberry, 

olallieberry, Oregon evergreen berry, phenomenalberry, rangerberry, 

ravenberry, rossberry, Shawnee blackberry, and varieties and/or hybrids of 

these). 

Broccoli Broccoli, chinese broccoli (gia lon, white flowering broccoli). 

Cabbage Cabbage, Chinese cabbage (tight-heading varieties only). 

Caneberry Rubus spp. (including blackberry); 

Rubus caesius (youngberry); 

Rubus loganbaccus (loganberry); 

Rubus idaeus (red and black raspberry); cultivars, varieties, and/or hybrids of 

these. 

Celery Celery, Florence fennel (sweet anise, sweet fennel, finochio) (fresh leaves and 

stalks only). 

Cherry Cherry, sweet, and cherry, tart. 

Endive Endive, escarole. 

Fruit, citrus Grapefruit, lemon, lime, orange, tangelo, tangerine, citrus citron, kumquat, and 

hybrids of these. 

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

Lettuce Lettuce, head; and lettuce, leaf 

Lettuce, head Lettuce, head; crisphead varieties only 

Lettuce, leaf Lettuce, leaf; cos (romaine), butterhead varieties 

Marjoram Origanum spp. (includes sweet or annual marjoram, wild marjoram or oregano, 

and pot marjoram). 

Melon Muskmelon, including hybrids and/or varieties of Cucumis melo (including true 

cantaloupe, cantaloupe, casaba, Santa Claus melon, crenshaw melon, honeydew melon, honey balls, Persian melon, golden pershaw melon, mango 

melon, pineapple melon, snake melon); and watermelon, including hybrids 

and/or varieties of (Citrullus spp.). 

Muskmelon Cucumis melo (includes true cantaloupe, cantaloupe, casaba, Santa Claus 

melon, crenshaw melon, honeydew melon, honey balls, Persian melon, golden pershaw melon, mango melon, pineapple melon, snake melon, and other 

varieties and/or hybrids of these.) 

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. 

Peach Peach, nectarine 

Pea Cajanus cajan (includes pigeon pea); Cicer spp. (includes chickpea and 

garbanzo bean); Lens culinaris (lentil); Pisum spp. (includes dwarf pea, garden pea, green pea, English pea, field pea, and edible pod pea). [Note: A variety of pesticide tolerances have been previously established for pea and/or 

bean. Chickpea/garbanzo bean is now classified in both the bean and the pea 

categories. For garbanzo bean/chickpea only, the highest established pea or 

bean tolerance will apply to pesticide residues found in this commodity.] 


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A B 

Pea, dry All peas in dry form only. 

Pea, succulent All peas in succulent form only. 

Pepper All varieties of pepper including pimento and bell, hot, and sweet pepper. 

Radish, oriental, roots Raphanus sativus var. longipinnatus (roots and tops), including Chinese or Japanese radish (both white and red), winter radish, daikon, lobok, lo pak, and 

other cultivars and/or hybrids of these. 

Radish, oriental, tops) Raphanus sativus var. longipinnatus (roots and tops), including Chinese or Japanese radish (both white and red), winter radish, daikon, lobok, lo pak, and 

other cultivars and/or hybrids of these. 

Rapeseed Brassica napus, B. campestris, and Crambe abyssinica (oilseed-producing varieties only which include canola and crambe.) 

Raspberry Rubus spp. (including bababerry; black raspberry; blackcap; caneberry; 

framboise; frambueso; himbeere; keriberry; mayberry; red raspberry; 

thimbleberry; tulameen; yellow raspberry; and cultivars, varieties, and/or hybrids of these). 

Sorghum, grain, grain Sorghum spp. [sorghum, grain, sudangrass (seed crop), and hybrids of these 

grown for its seed]. 

Sorghum, forage, stover Sorghum spp. [sorghum, forage; sorghum, stover; sudangrass, and hybrids of 

these grown for forage and/or stover. 

Squash Pumpkin, summer squash, and winter squash. 

Sugar apple Annona squamosa L. (sugar apple, sweetsop, anon), and its hybrid A. 

squamosa L. x A. cherimoya M. (atemoya). Also A. reticulata L. (true custard 

apple). 

Squash, summer Fruits of the gourd (Cucurbitaceae) family that are consumed when immature, 

100% of the fruit is edible either cooked or raw, once picked it cannot be 

stored, has a soft rind which is easily penetrated, and if seeds were harvested 

they would not germinate; e.g., Cucurbita pepo (i.e., crookneck squash, 

straightneck squash, scallop squash, and vegetable marrow); Lagenaria spp. 

(i.e., spaghetti squash, hyotan, cucuzza); Luffa spp. (i.e., hechima, Chinese 

okra); Momordica spp. (i.e., bitter melon, balsam pear, balsam apple, Chinese 

cucumber); Sechium edule (chayote); and other cultivars and/or hybrids of 

these. 

Sweet potato Sweet potato, yam. 

Tangerine Tangerine (mandarin or mandarin orange); tangelo, tangor, and other hybrids of 

tangerine with other citrus. 

Tomato Tomato, tomatillo. 

Turnip tops or turnip greens Broccoli raab (raab, raab salad), hanover salad, turnip tops (turnip greens). 

Wheat Wheat, triticale. 

* * * * * ■ 3. Part 180 is further amended as 

follows: 

In Section In paragraph Remove the term Add alphabetically the term 

180.111 (a)(1) table Date Date, dried fruit 

180.111 (a)(1) table Grass Grass, forage 

180.111 (a)(1) table Hop Hop, dried cones 

180.111 (a)(1) table Lupine, seed Lupin, seed 

180.111 (a)(1) table Peavine, hay Pea, field, hay 


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In Section In paragraph Remove the term Add alphabetically the term 

180.111 (a)(1) table Shallots Shallot, bulb 

180.117 table Bean, castor Castorbean, seed 

180.121 (e) table Beet (with or without tops) Beet, garden, roots 

180.121 (e) table Rutabagas (with or without tops) Rutabaga, roots 

180.121 (e) table Turnip (with or without tops) Turnip, roots 

180.122 (a) table Sorghum Sorghum, grain, grain 

180.153 (c) table Potato, sweet Sweet potato, roots 

180.154 (a) table Alfalfa Alfalfa, forage 

180.154 (a) table Birdfoot trefoil Trefoil, forage 

180.154 (a) table Clover Clover, forage 

180.173 (a) table Cattle, meat (fat basis) Cattle, meat 

180.176 (a) table Banana, pulp (no peel) Banana, pulp 

180.176 (a) table Corn grain (except popcorn grain) Corn, field, grain 

180.176 (a) table Rye, milled feed fraction Rye, bran 

180.176 (a) table Wheat, milled feed fractions Wheat, milled byproducts 

180.205 (a) table Cacao bean Cacao bean, bean 

180.205 (a) table Guar Guar, seed 

180.215 (a)(1) table Hop Hop, dried cones 

180.253 (a) table Grass, Bermuda Bermudagrass, forage 

180.253 (a) table Pea, vines Pea, field, vines 

180.288 (a) table Corn, forage Corn, field, forage 

180.364 (a) table Cacao bean Cacao bean, bean 

180.364 (a) table Coffee, bean Coffee, bean, green 

180.364 (a) table Date Date, dried fruit 

180.368 (a)(2) table Garlic, bulb Garlic 

180.379 (a)(1) table English walnut Walnut 

180.381 (a) table Date Date, dried fruit 

180.399 (a)(1) table Bean, dried, vine hay Cowpea, hay 

180.399 (c) table Chinese mustard Mustard greens 

180.408 (a) table Beet, garden Beet, garden, roots 

180.411 (c)(2) table Coffee, bean Coffee, bean, green 

180.414 (a)(1) table Garlic, bulb Garlic 

180.419 (a)(2) table Oat milling fractions (except flour) Oat, groats/rolled oats 

180.420 (c) table Hop Hop, dried cones 

180.428 (a)(1) table Grass, fodder Grass, straw 

180.431 (a) table Oat, milled fractions (except flour) Oat, groats/rolled oats 

180.435 (a)(1) table Cotton, oil Cotton, refined oil 


jlentini on PROD1PC65 with RULES
Federal Register / Vol. 73, No. 198 / Friday, October 10, 2008 / Rules and Regulations 60157 

In Section In paragraph Remove the term Add alphabetically the term 

180.436 (a)(1) table Vegetable, leafy greens, except 

Brassica, group 4 

Vegetable, leafy, except brassica, group 

4 

180.438 (a)(1) table Corn, field, grain, flour Corn, field, flour 

180.438 (a)(2) table Corn, field, grain, flour Corn, field, flour 

180.448 (a) table Hop Hop, dried cones 

180.450 (a) table Sorghum, forage, hay Sorghum, forage 

180.466 (a) table Cotton, oil Cotton, refined oil 

180.474 (a)(1) table Peach (includes nectarine) Peach 

180.498 (a)(2) table Horseradish, roots Horseradish 

180.515 (a) table Cacao Cacao bean, bean 

180.515 (a) table Coffee Coffee, bean, green 

180.515 (a) table Date Date, dried fruit 

180.515 (a) table Grain, cereal, forage (excluding corn 

and sorghum) 

Grain, cereal, forage, fodder and straw 

group 16, except corn and sorghum; 

forage 

180.515 (a) table Kava, Kava Kava, roots 

180.515 (a) table Mulberry, Indian Noni 

180.515 (a) table Soursop, group Soursop 

180.515 (a) table Tea Tea, dried 

180.515 (a) table Wasabia, roots Wasaba, roots 

180.516 (a) table Peanut, meat (hulls removed) Peanut 

180.516 (a) table Yam, true Yam, true, tuber 

180.564 (a) table Soybean, aspirated grain fractions Grain, aspirated fractions 

180.565 (a) table Coffee \1\ Coffee, bean, green \1\ 

180.565 (a) table Soybean, aspirated grain fractions Grain, aspirated fractions 

180.567 (a)(2) table Potato, tuber Potato 

180.568 (a) table Garlic (bulb) Garlic 

180.573 (a)(1) table Soybean, aspirated grain fraction Grain, aspirated fractions 

180.575 (a)(1) table Coffee, postharvest Coffee, bean, roasted bean, postharvest 

180.579 (a)(1) table Garlic, bulb Garlic 

180.582 (a)(1) table Vegetable, legume, edible podded, 

subgroup 

Vegetable, legume, edible podded, subgroup 6A 

180.584 (a) table Hop1 Hop, dried cones1

180.615 (d) table Wheat, grain, milled byproducts Wheat, milled byproducts 


jlentini on PROD1PC65 with RULES
60158 Federal Register / Vol. 73, No. 198 / Friday, October 10, 2008 / Rules and Regulations 

§ 180.2003 [Amended] 

■ 4. Section 180.2003 is amended by 

revising the term ‘‘eggs’’ to read ‘‘egg’’ 

in paragraphs (a) and (b). 

[FR Doc. E8–24027 Filed 10–9–08; 8:45 am] 

BILLING CODE 6560–50–S 

DEPARTMENT OF HOMELAND 

SECURITY 

Federal Emergency Management 

Agency 

44 CFR Part 64 

[Docket No. FEMA–8045] 

Suspension of Community Eligibility 

AGENCY: Federal Emergency 

Management Agency, Department of 

Homeland Security. 

ACTION: Final rule. 

SUMMARY: This rule identifies 

communities, where the sale of flood 

insurance has been authorized under 

the National Flood Insurance Program 

(NFIP), that are scheduled for 

suspension on the effective dates listed 

within this rule because of 

noncompliance with the floodplain 

management requirements of the 

program. If the Federal Emergency 

Management Agency (FEMA) receives 

documentation that the community has 

adopted the required floodplain 

management measures prior to the 

effective suspension date given in this 

rule, the suspension will not occur and 

a notice of this will be provided by 

publication in the Federal Register on a 

subsequent date. 

DATES: Effective Dates: The effective 

date of each community’s scheduled 

suspension is the third date (‘‘Susp.’’) 

listed in the third column of the 

following tables. 

FOR FURTHER INFORMATION CONTACT: If 

you want to determine whether a 

particular community was suspended 

on the suspension date or for further 

information, contact David Stearrett, 

Mitigation Directorate, Federal 

Emergency Management Agency, 500 C 

Street, SW., Washington, DC 20472, 

(202) 646–2953. 

SUPPLEMENTARY INFORMATION: The NFIP 

enables property owners to purchase 

flood insurance which is generally not 

otherwise available. In return, 

communities agree to adopt and 

administer local floodplain management 

aimed at protecting lives and new 

construction from future flooding. 

Section 1315 of the National Flood 

Insurance Act of 1968, as amended, 42 

U.S.C. 4022, prohibits flood insurance 

coverage as authorized under the NFIP, 

42 U.S.C. 4001 et seq.; unless an 

appropriate public body adopts 

adequate floodplain management 

measures with effective enforcement 

measures. The communities listed in 

this document no longer meet that 

statutory requirement for compliance 

with program regulations, 44 CFR part 

59. Accordingly, the communities will 

be suspended on the effective date in 

the third column. As of that date, flood 

insurance will no longer be available in 

the community. However, some of these 

communities may adopt and submit the 

required documentation of legally 

enforceable floodplain management 

measures after this rule is published but 

prior to the actual suspension date. 

These communities will not be 

suspended and will continue their 

eligibility for the sale of insurance. A 

notice withdrawing the suspension of 

the communities will be published in 

the Federal Register. 

Previously, FEMA has identified the 

Special Flood Hazard Areas (SFHAs) in 

these communities by publishing a 

Flood Insurance Rate Map (FIRM). The 

date of the FIRM, if one has been 

published, is indicated in the fourth 

column of the table. No direct Federal 

financial assistance (except assistance 

pursuant to the Robert T. Stafford 

Disaster Relief and Emergency 

Assistance Act not in connection with a 

flood) may legally be provided for 

construction or acquisition of buildings 

in identified SFHAs for communities 

not participating in the NFIP and 

identified for more than a year, on 

FEMA’s initial flood insurance map of 

the community as having flood-prone 

areas (section 202(a) of the Flood 

Disaster Protection Act of 1973, 42 

U.S.C. 4106(a), as amended). This 

prohibition against certain types of 

Federal assistance becomes effective for 

the communities listed on the date 

shown in the last column. The 

Administrator finds that notice and 

public comment under 5 U.S.C. 553(b) 

are impracticable and unnecessary 

because communities listed in this final 

rule have been adequately notified. 

Each community receives 6-month, 

90-day, and 30-day notification letters 

addressed to the Chief Executive Officer 

stating that the community will be 

suspended unless the required 

floodplain management measures are 

met prior to the effective suspension 

date. Since these notifications were 

made, this final rule may take effect 

within less than 30 days. 

National Environmental Policy Act. 

This rule is categorically excluded from 

the requirements of 44 CFR part 10, 

Environmental Considerations. No 

environmental impact assessment has 

been prepared. 

Regulatory Flexibility Act. The 

Administrator has determined that this 

rule is exempt from the requirements of 

the Regulatory Flexibility Act because 

the National Flood Insurance Act of 

1968, as amended, 42 U.S.C. 4022, 

prohibits flood insurance coverage 

unless an appropriate public body 

adopts adequate floodplain management 

measures with effective enforcement 

measures. The communities listed no 

longer comply with the statutory 

requirements, and after the effective 

date, flood insurance will no longer be 

available in the communities unless 

remedial action takes place. 

Regulatory Classification. This final 

rule is not a significant regulatory action 

under the criteria of section 3(f) of 

Executive Order 12866 of September 30, 

1993, Regulatory Planning and Review, 

58 FR 51735. 

Executive Order 13132, Federalism. 

This rule involves no policies that have 

federalism implications under Executive 

Order 13132. 

Executive Order 12988, Civil Justice 

Reform. This rule meets the applicable 

standards of Executive Order 12988. 

Paperwork Reduction Act. This rule 

does not involve any collection of 

information for purposes of the 

Paperwork Reduction Act, 44 U.S.C. 

3501 et seq. 

List of Subjects in 44 CFR Part 64 

Flood insurance, Floodplains. 

■ Accordingly, 44 CFR part 64 is 

amended as follows: 

PART 64—[AMENDED] 

■ 1. The authority citation for part 64 

continues to read as follows: 

Authority: 42 U.S.C. 4001 et seq.; 

Reorganization Plan No. 3 of 1978, 3 CFR, 

1978 Comp.; p. 329; E.O. 12127, 44 FR 19367, 

3 CFR, 1979 Comp.; p. 376. 

§ 64.6 [Amended] 

■ 2. The tables published under the 

authority of § 64.6 are amended as 

follows: 


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