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Pesticide Tolerance Crop Grouping Program; Proposed Expansion
Note: EPA no longer updates this information, but it may be useful as a reference or resource.
[Federal Register: May 23, 2007 (Volume 72, Number 99)]
[Proposed Rules]
[Page 28920-28930]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr23my07-28]
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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:
• Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
• Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
• Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Building), 2777 S. Crystal Drive, Arlington, VA. Deliveries are only
accepted during the Docket's normal hours of operation (8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays). Special
arrangements should be made for deliveries of boxed information. The
Docket telephone number is (703) 305-5805.
Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2006-0766. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or 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: cromwell.rame@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this Action Apply to Me?
You may be potentially affected by this action if you are an
agricultural producer, food manufacturer. Potentially affected entities
may include, but are not limited to:
• Crop production (NAICS code 111), e.g., agricultural
workers; greenhouse, nursery, and floriculture workers; farmers.
• Animal production (NAICS code 112), e.g., cattle ranchers
and farmers, dairy cattle farmers, livestock farmers.
• Food manufacturing (NAICS code 311), e.g., agricultural
workers; farmers; greenhouse, nursery, and floriculture workers;
ranchers; pesticide applicators.
• Pesticide manufacturing (NAICS code 32532), e.g.,
agricultural workers; commercial applicators; farmers; greenhouse,
nursery, and floriculture workers; residential users.
This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed under FOR FURTHER INFORMATION CONTACT.
B. What Should I Consider as I Prepare My Comments for EPA?
1. Submitting CBI. Do not submit this information to EPA through
http://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" 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:
• Onion = Bulb onion, green onion, and garlic.
• Onion, bulb = Bulb onion; garlic; great headed garlic; serpent
garlic; Chinese onion; pearl onion; potato onion; and shallot, bulb.
• Onion, green = Green onion; chive, fresh leaves; Chinese
chive, fresh leaves; Kurrat; lady's leek; leek; wild leek; Beltsville
bunching onion; fresh onion; tree onion, tops; welsh; and shallot,
fresh leaves.
• Garlic = Garlic, Great headed garlic, and serpent garlic.
EPA proposes to revise the commodity definition in 40 CFR 180.1(g)
for caneberries as follows:
• Caneberry = Rubus spp. (including blackberry; Rubus
caesius (youngberry); Rubus loganbaccus (loganberry); Rubus idaeus (red
and black raspberries); and varieties and/or hybrids of these).
This proposed amendment will correct the scientific names to the
caneberry commodity definition and update the commodity terminology to
conform to the ``EPA Food and Feed Commodity Vocabulary'' rules for
commodity terminology.
EPA proposes to establish a new commodity definition in 40 CFR
180.1(g) for raspberry as follows:
Raspberry = Rubus spp. (including bababerry, black raspberry,
blackcap, caneberry, framboise, frambueso, himbeere, keriberry,
mayberry, red raspberry, thimbleberry, tulameen, yellow raspberry, and
cultivars and/or hybrids of these).
This proposed commodity definition for raspberry will further
clarify the cultivars of raspberry covered in the Caneberry subgroup.
EPA proposes to delete from 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 (59 FR 22951, 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