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Home , Aleurites moluccanus, Araucaria bidwillii, Irvingia gabonensis, Mongongo, Pachira aquatica

Federal Register / Vol. 76, No. 217 / Wednesday, November 9, 2011 / Proposed Rules 69693

List of Subjects in 40 CFR Part 180 Friday, excluding legal holidays). FOR FURTHER INFORMATION CONTACT: Environmental protection, Special arrangements should be made Laura Nollen, Registration Division Agricultural commodities, Feed for deliveries of boxed information. The (7505P), Office of Pesticide Programs, additives, Food additives, Pesticides Docket Facility telephone number is Environmental Protection Agency, 1200 and pests, Reporting and recordkeeping (703) 305–5805. Pennsylvania Ave. NW., Washington, requirements. Instructions: Direct your comments to DC 20460–0001; telephone number: docket ID number EPA–HQ–OPP–2006– (703) 305–7390; email address: Dated: October 24, 2011. [email protected]. Lois Rossi, 0766. EPA’s policy is that all comments received will be included in the docket SUPPLEMENTARY INFORMATION: Director, Registration Division, Office of Pesticide Programs. without change and may be made I. General Information available on-line at http:// [FR Doc. 2011–28934 Filed 11–8–11; 8:45 am] www.regulations.gov, including any A. Does this action apply to me? BILLING CODE 6560–50–P personal information provided, unless You may be potentially affected by the comment includes information this action if you are an agricultural ENVIRONMENTAL PROTECTION claimed to be Confidential Business producer or food manufacturer. AGENCY Information (CBI) or other information Potentially affected entities may whose disclosure is restricted by statute. include, but are not limited to: 40 CFR Part 180 Do not submit information that you • Crop production (NAICS code 111), consider to be CBI or otherwise [EPA–HQ–OPP–2006–0766; FRL–8887–8] e.g., agricultural workers; greenhouse, protected through regulations.gov or nursery, and floriculture workers; Tolerance Crop Grouping Program III email. The regulations.gov Web site is farmers. an ‘‘anonymous access’’ system, which •Animal production (NAICS code AGENCY: Environmental Protection means EPA will not know your identity 112), e.g., cattle ranchers and farmers, Agency (EPA). or contact information unless you dairy cattle farmers, livestock farmers. ACTION: Proposed rule. provide it in the body of your comment. • Food manufacturing (NAICS code If you send an email comment directly 311), e.g., agricultural workers; farmers; SUMMARY: EPA is proposing revisions to to EPA without going through greenhouse, nursery, and floriculture its pesticide tolerance crop grouping regulations.gov, your email address will workers; ranchers; pesticide applicators. regulations, which allow the be automatically captured and included • Pesticide manufacturing (NAICS establishment of tolerances for multiple, as part of the comment that is placed in code 32532), e.g., agricultural workers; related crops based on data from a the docket and made available on the commercial applicators; farmers; representative set of crops. The present Internet. If you submit an electronic greenhouse, nursery, and floriculture revisions would expand existing crop comment, EPA recommends that you workers; residential users. groups for stone fruits and nuts by include your name and other contact This listing is not intended to be establishing new crop subgroups and/or information in the body of your exhaustive, but rather provides a guide adding new commodities. EPA expects comment and with any disk or CD–ROM for readers regarding entities likely to be these revisions to promote greater use of you submit. If EPA cannot read your affected by this action. Other types of crop groupings for tolerance-setting comment due to technical difficulties entities not listed in this unit could also purposes and, in particular, to assist in be affected. The North American making available lower risk pesticides and cannot contact you for clarification, EPA may not be able to consider your Industrial Classification System for minor crops, both domestically and (NAICS) codes have been provided to in countries that export food to the comment. Electronic files should avoid the use of special characters, any form assist you and others in determining United States. This is the third in a whether this action might apply to series of planned crop group updates of encryption, and be free of any defects or viruses. certain entities. If you have any expected to be proposed over the next questions regarding the applicability of several years. Docket: All documents in the docket this action to a particular entity, consult DATES: Comments must be received on are listed in the docket index available the person listed under FOR FURTHER or before January 9, 2012. at http://www.regulations.gov. Although INFORMATION CONTACT. ADDRESSES: Submit your comments, listed in the index, some information is B. What should I consider as I prepare identified by docket identification (ID) not publicly available, e.g., CBI or other my comments for EPA? number EPA–HQ–OPP–2006–0766, by information whose disclosure is one of the following methods: restricted by statute. Certain other 1. Submitting CBI. Do not submit this • Federal eRulemaking Portal: http:// material, such as copyrighted material, information to EPA through www.regulations.gov. Follow the on-line is not placed on the Internet and will be regulations.gov or email. Clearly mark instructions for submitting comments. publicly available only in hard copy the part or all of the information that • Mail: Office of Pesticide Programs form. Publicly available docket you claim to be CBI. For CBI (OPP) Regulatory Public Docket (7502P), materials are available either in the information in a disk or CD–ROM that Environmental Protection Agency, 1200 electronic docket at http:// you mail to EPA, mark the outside of the Pennsylvania Ave. NW., Washington, www.regulations.gov, or, if only disk or CD–ROM as CBI and then DC 20460–0001. available in hard copy, at the OPP identify electronically within the disk or • Delivery: OPP Regulatory Public Regulatory Public Docket in Rm. S– CD–ROM the specific information that Docket (7502P), Environmental 4400, One Potomac Yard (South Bldg.), is claimed as CBI. In addition to one Protection Agency, Rm. S–4400, One 2777 S. Crystal Dr., Arlington, VA. The complete version of the comment that Potomac Yard (South Bldg.), 2777 S. hours of operation of this Docket includes information claimed as CBI, a Crystal Dr., Arlington, VA. Deliveries Facility are from 8:30 a.m. to 4 p.m., copy of the comment that does not are only accepted during the Docket Monday through Friday, excluding legal contain the information claimed as CBI Facility’s normal hours of operation holidays. The Docket Facility telephone must be submitted for inclusion in the (8:30 a.m. to 4 p.m., Monday through number is (703) 305–5805. public docket. Information so marked

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will not be disclosed except in designated representative commodities pesticide registrants, the environment, accordance with procedures set forth in within the group. Representative or human health. 40 CFR part 2. commodities are selected based on B. International Considerations 2. Tips for preparing your comments. EPA’s determination that they are likely When submitting comments, remember to bear the maximum level of residue 1. North American Free Trade to: that could occur on any crop within the Agreement (NAFTA) partner i. Identify the document by docket ID group. Once a crop group tolerance is involvement in proposal. EPA’s number and other identifying established, the tolerance level applies Chemistry Science Advisory Council information (subject heading, Federal to all commodities within the group. (ChemSAC), an internal Agency peer Register date and page number). This proposed rule is the third in a review committee, provided a detailed ii. Follow directions. The Agency may series of planned crop group analysis for each proposed crop group to ask you to respond to specific questions amendments expected to be completed Canada’s Pest Management Regulatory or organize comments by referencing a over the next several years. Specific Agency (PMRA), IR–4, and the Code of Federal Regulations (CFR) part information regarding the history of the government of Mexico for their review or section number. crop group regulations, the previous and comment, and invited these parties iii. Explain why you agree or disagree; amendments to the regulations and the to participate in the ChemSAC meeting suggest alternatives and substitute process for amending crop groups can to finalize the recommendations for language for your requested changes. be found in the Federal Register of May each petition. PMRA has indicated that it will, in iv. Describe any assumptions and 23, 2007 (72 FR 28920) (FRL–8126–1). parallel with the United States effort provide any technical information Specific information regarding how the and under the authority of Canada’s Pest and/or data that you used. Agency implements crop group Control Products (PCP) Act (2002), v. If you estimate potential costs or amendments can be found in 40 CFR establish equivalent crop groups. burdens, explain how you arrived at 180.40(j). Additionally, once the new crop groups your estimate in sufficient detail to Today’s proposal is based upon two become effective in the United States, allow for it to be reproduced. petitions developed by the International Mexico will have them as a reference for vi. Provide specific examples to Crop Grouping Consulting Committee the establishment of maximum residue illustrate your concerns and suggest (ICGCC) workgroup and submitted to alternatives. limits in Mexico. EPA by a nation-wide cooperative 2. Relationship of proposal to Codex vii. Explain your views as clearly as project, the Interregional Research possible, avoiding the use of profanity activities. The American and Canadian Project Number 4 (IR–4). These petitions Delegations to the Codex Committee on or personal threats. and the monographs supporting them viii. Make sure to submit your Pesticide Residues (CCPR) have an have been included in the docket for the ongoing effort to harmonize the NAFTA comments by the comment period proposed rule. EPA expects that a series deadline identified. crop groups and representative of additional petitions seeking commodities with those being II. Background amendments and changes to the crop developed by Codex, an international grouping regulations (40 CFR 180.41) A. Tolerance-Setting Requirements and commission created to develop will originate from the ICGCC international food standards, guidelines Petitions To Expand the Existing Crop workgroup over the next several years. Grouping System and related texts, as part of their EPA believes that this proposal is a revision of the Codex Classification of EPA is authorized to establish burden-reducing regulation. It will Foods and Feeds. Canada and the maximum residue limits or tolerances provide for greater sharing of data by United States are working closely with for pesticide chemical residues in or on permitting the results from a magnitude the Chairs of the Codex group for this food commodities under section 408 of of residue field trial studies in one crop project (Netherlands and the United the Federal Food, Drug and Cosmetic to be applied to other, similar crops. States) to coordinate the U. S. crop Act (FFDCA) (21 U.S.C. 346a). EPA The primary beneficiaries are minor group amendments with the efforts to establishes pesticide tolerances only crop producers and consumers. Minor amend the Codex crop groups. The goals after determining that aggregate crop producers will benefit because of coordinating these NAFTA activities exposure to the pesticide is considered lower registration costs will encourage with Codex activities are to minimize safe. The U.S. Food and Drug more products to be registered for use differences within and among the U. S. Administration (FDA) and the U.S. on minor crops, providing additional and Codex groups and to develop Department of Agriculture (USDA) tools for pest control. Consumers are representative commodities for each enforce compliance with tolerance expected to benefit by having more group that will be acceptable on an limits. affordable and abundant food products international basis. These efforts could Traditionally, tolerances are available. Secondary beneficiaries lead to the increased harmonization of established for a specific pesticide and include pesticide registrants, as tolerances and maximum residue level commodity combination. However, expanded markets for pesticide recommendations. under EPA’s crop grouping regulations products will lead to increased sales. (40 CFR 180.41), a single tolerance may EPA believes that data from C. Scheme for Organization of Revised be established that applies to a group of representative crops will not and Pre-Existing Crop Groups related commodities. For example, the underestimate the public exposure to EPA has amended the generic crop current Stone Fruit Crop Group 12 pesticide residues through the group regulations to include an explicit includes 11 stone fruit commodities, consumption of treated crops. IR–4, scheme for how revised crop groups including cherry, peach, and plum. The which is publicly funded, will also will be organized in the regulations. proposed Stone Fruit Crop Group 12–11 more efficiently use resources as a result In brief, the regulations now specify expands on the existing crop group and of this rule. Revisions to the crop that when a crop group is amended in will include 22 commodities, if grouping scheme will result in no a manner that expands or contracts its adopted. Crop group tolerances may be appreciable costs or negative impacts to coverage of commodities, EPA will (1) established based on residue data from consumers, minor crop producers, Retain the pre-existing crop group in

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§ 180.41; (2) insert the new, related crop • Plum, Japanese, Prunus salicina; iii. Plum subgroup 12–11C. group immediately after the pre-existing • Plumcot, Prunus armeniaca x P. (Representative commodities- Plum or crop group in the CFR; and (3) title the domestica; Prune, plum). Fourteen commodities new, related crop group in a way that • Prune (fresh), Prunus domestica, proposed in this subgroup are: Apricot; clearly differentiates it from the pre- Prunus spp. Apricot, Japanese; Plum; Plum, existing crop group. The new, related EPA proposes to expand Crop Group American; Plum, beach; Plum, Canada; crop group will retain roughly the same 12 by adding the following 11 Plum, cherry; Plum, Chickasaw; Plum, name and number as the pre-existing additional commodities to the Damson; Plum, Japanese; Plum, group except that the number will be commodities already included in Crop Klamath; Plumcot; Plum, prune; Sloe; followed by a hyphen and the final two Group 12 and naming the new crop including cultivars, varieties and/or digits of the year it is established. For grouping as Crop Group 12–11: hybrids of these. example, EPA is proposing to revise • Apricot, Japanese, Prunus mume The creation of these subgroups and crop group 12: Stone Fruit Group. The Siebold & Zucc.; the choice of representative commodity revised group will be titled Crop Group • Capulin, Prunus serotina Ehrh. designations are based on similarities in 12–11: Stone Fruit Group. Although subsp. capuli (Cav.) McVaugh; pest pressures, cultural practices, and EPA will initially retain pre-existing • Cherry, black, Prunus serotina the edible portion of the commodity. crop groups that have been superseded Ehrh. subsp. Serotina; The Agency also determined that three by new crop groups, EPA will not • Cherry, Nanking, Prunus tomentosa subgroups would be appropriate, as establish new tolerances under the pre- Thunb.; listed above, in order to harmonize with existing groups. Further, EPA plans to • Chokecherry, Prunus virginiana L.; Codex subgroups and representative eventually convert tolerances for any • Plum, American, Prunus americana commodities for stone fruit. EPA has pre-existing crop groups to tolerances Marshall; determined that residue data on the with the coverage of the new crop • Plum, beach, Prunus maritima designated representative crops will group. This conversion will be effected Marshall; provide adequate information on both through the registration review • Plum, Canada, Prunus nigra Aiton; residue levels in crops and subgroups. • Plum, cherry, Prunus cerasifera process and in the course of establishing B. Crop Group 14–11: Tree Group new tolerances for a pesticide. To this Ehrh.; end, EPA requests that petitioners for • Plum, Klamath, Prunus subcordata EPA is proposing to revise Tree Nuts tolerances address this issue in their Benth.; Crop Group 14 in the following manner. petitions. • Sloe, Prunus spinosa L.; Add commodities. EPA proposes to For example, assuming EPA adopts Including cultivars, varieties, and/or amend the existing Tree Nuts Crop the proposed amendment that would hybrids of these. Group 14 by expanding it from 12 to 39 commodities. The existing Crop Group create Crop Group 14–11: Tree Nut The additional commodities proposed 14 contains the following 12 Group, any tolerance petition for a for Stone Fruit Crop Group 12–11 were pesticide that has a Group 14 tolerance commodities: chosen based on similarities and • , Prunus dulcis; should include a request that the Group characteristics of the Rosaceae family, • 14 tolerance be superseded by a Group Beechnut, Fagus spp.; of which all existing and proposed • nut, Bertholletia excelsa; 14–11 tolerance, since the commodities are members. The • Butternut, ; representative commodities are commodities were also chosen based on • , Anacardium occidentale; equivalent. When all crop group similarities to the existing stone fruit • , Castanea spp.; tolerances for a superseded crop group commodities in cultural practices, • Chinquapin, Castanea pumila; have been revised or removed, EPA will edible food and animal feed portions, • Filbert (), Corylus spp.; remove the superseded group from residue levels, geographical locations, • nut, Carya spp.; • § 180.41. pest problems, established tolerances, nut (bush nut), Macadamia spp.; III. Specific Proposed Revisions and for international harmonization • , Carya illinoensis; purposes. The scientific names for each • This Unit explains the proposed commodity entry proposed for Stone , black and English amendments to the crop group Fruit Crop Group 12–11 are also being (Persian), Juglans spp. EPA proposes to expand crop group regulations. proposed to be updated to reflect the 14 by adding the following 26 A. Crop Group 12–11: Stone Fruit Group current taxonomic name. 2. Create crop subgroups. EPA commodities and naming the new crop EPA is proposing to revise Stone Fruit grouping as Crop Group 14–11. The Crop Group 12 in the following manner. proposes to add three crop subgroups to Crop Group 12–11: Stone Fruit Group, added commodities are: 1. Add commodities. EPA proposes to • African nut-tree, as follows: amend existing Crop Group 12 by heudelotii (Baill.) Heckel; expanding it from 11 to 22 commodities. i. Cherry subgroup 12–11A. • Brazilian , The existing Crop Group 12 contains the (Representative commodities- Sweet angustifolia (Bertol.) Kuntze; following 11 commodities: cherry or Tart cherry). Six commodities • Bunya, Hook.; • Apricot, Prunus armeniaca; proposed in this subgroup are: Cherry, • Bur oak, Quercus macrocarpa • Cherry, sweet, Prunus avium; black; Capulin; Cherry, Nanking; Michx.; • Cherry, tart, Prunus cerasus; Cherry, sweet; Cherry, tart; and • Cajou nut, Anacardium giganteum • Nectarine, Prunus persica; Chokecherry; including cultivars, Hance ex Engl.; • Peach, Prunus persica; varieties and/or hybrids of these. • Candlenut, moluccanus • Plum, Prunus domestica, Prunus ii. Peach subgroup 12–11B. (L.) Willd.; spp.; (Representative commodity- Peach). • , Cocos nucifera L.; • Plum, Chickasaw, Prunus Two commodities proposed in this • Coquito nut, Jubaea chilensis angustifolia; subgroup are: Nectarine and Peach, (Molina) Baill.; • Plum, Damson, Prunus domestica including cultivars, varieties and/or • Dika nut, gabonensis spp. insititia; hybrids of these. (Aubry-Lecomte ex O’Rorke) Baill.;

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• Ginkgo, L.; Tree Nut Crop Group 14–11 have also 3. Schneider, Bernard A. 2000. ‘‘Review of • Guiana chestnut, aquatica been updated to reflect the current Request for Residue Data Developed for Aubl.; taxonomic name. To Be Translatable to for • Establishing Tolerances.’’ Heartnut, was previously rejected as a ` Carriere var. cordiformis (Makino) member of Tree Nuts Crop Group 14, V. Statutory and Executive Order ` Rehder, J. ailantifolia Carriere; because there were concerns that the Reviews • Japanese horse-chestnut, Aesculus unsealed husks or shells surrounding turbinata Blume; A. Executive Order 12866 pistachio nuts would expose the edible • nut, Schinziophyton This action is not a ‘‘significant portion to significantly higher pesticide rautanenii (Schinz) Radcl.-Sm.; regulatory action’’ under the terms of residues than would be found in other • Monkey-pot, pisonis Executive Order 12866 (58 FR 51735, tree nuts. Subsequent to that decision, Cambess.; October 4, 1993) and is therefore not EPA examined scientific literature (Refs. • Monkey puzzle nut, Araucaria subject to review under Executive araucana (Molina) K. Koch; 1 and 2) and found that although the Orders 12866 and 13563 (76 FR 3821, • Okari nut, Terminalia kaernbachii pistachio shell splits before harvest, the January 21, 2011). Warb.; nutmeat remains inside an intact hull, EPA prepared an analysis of the • Pachira nut, Pachira insignis (Sw.) so it may not be exposed to a pesticide. potential costs and benefits associated Savigny; Based on this information, a study was with this action in the first proposed • Peach palm nut, Bactris gasipaes conducted to determine how intact the rule published May 23, 2007 (77 FR Kunth var. gasipaes, B. gasipaes Kunth; outer hull that surrounds the shell and 28920). This analysis is contained in • Pequi, Caryocar brasiliense nutmeat remains during the season, ‘‘Economic Analysis Proposed Cambess., C. villosum (Aubl.) Pers., C. from flowering to harvest. The results of Expansion of Crop Grouping Program.’’ nuciferum L.; this study confirmed that the shells of A copy of the analysis is available in the • Pili nut, Engl., C. pistachio nuts split naturally in the docket and is briefly summarized here. vulgare Leenh., C. indicum L.; orchard [≤ 80%] prior to harvest, but the This is a burden-reducing regulation. • , Engelm., P. hull stays intact, covering and Crop grouping has saved money by koraiensis Siebold & Zucc., P. sibirica protecting the kernel from invasion by permitting the results of pesticide Du Tour, P. pumila (Pall.) Regel, P. molds, insects, and nonsystemic exposure studies for one crop to be gerardiana Wall. ex D. Don, P. pesticides (Ref. 3). Therefore, the applied to other, similar crops. This monophylla Torr. & Fre´m., P. concerns that the unsealed husks or regulation expands certain existing crop quadrifolia Parl. ex Sudw., P. pinea L.; shells (splits) found in pistachio nuts groups and adds one new crop group. • Pistachio, Pistacia vera L.; would expose the edible portion to The primary beneficiaries of the • Sapucaia nut, Lecythis zabucaja significantly higher pesticide residues regulation are minor crop producers and Aubl.; than would occur in other tree nuts consumers. Specialty crop producers • Tropical almond, Terminalia proved to be unfounded. Additionally, will benefit because lower registration catappa L.; the EPA conducted an analysis of costs will encourage manufacturers to • Yellowhorn, Xanthoceras tolerances that had been established for register more pesticides on minor crops, sorbifolium Bunge 15 pesticides on pistachios and providing these growers with additional Including cultivars, varieties, and/or compared the tolerance levels with pesticide options. The greater hybrids of these. those registered on the same pesticides availability of pesticides for use in the EPA additionally proposes to include for other tree nuts. In all cases except for United States as well as increased the current Crop Group 14 entry for permethrin, the established tolerances coverage of tolerances to imported Walnut, black and English (Persian) were identical. Even with permethrin commodities may result in a larger (Juglans spp.) as two separate (§ 180.378), the tolerance of 0.1 ppm supply of imported and domestically commodity entries in the new crop established on pistachio was well produced specialty produce at group, as follows: Walnut, black, within the Crop Group limit of 5X for potentially lower costs benefiting Juglans hindsii Jeps. ex R. E. Sm., J. the other tree nuts, which were consumers. Secondary beneficiaries are microcarpa Berland., J. nigra L.; and established at 0.05 ppm. As a result, the pesticide registrants, who benefit Walnut, English, L., Agency concluded that pesticide because expanded markets for including cultivars, varieties, and/or residues on pistachio nutmeat should be pesticides will lead to increased sales. hybrids of these. similar to the other nut crops that are IR–4 and EPA, which are publicly There are 18 different families members of the existing Tree Nut Crop funded Federal government entities, represented in the proposed Tree Nut Group, and are therefore appropriate for will more efficiently use resources as a Crop Group 14–11. The proposed inclusion in the revised crop group result of the rule. commodities were chosen based on proposed in this rule. EPA will conserve resources if, as similarities in edible food and animal expected, new or expanded crop groups feed items, residue levels, geographical IV. References result in fewer emergency pesticide use locations, established tolerances, and for The following references are used in requests from specialty crop growers. international harmonization purposes. this document and are available in the Further, new and expanded crop groups The commodities were also chosen docket for this proposed rulemaking. will likely reduce the number of based on similar cultural practices and separate risk assessments and tolerance uses, including harvesting, processing 1. Sommer, N.F., J.R. Buchanan, and R.J. rulemaking that EPA will have to (hulling, drying), marketing, and Fortlage. 1986. ‘‘Relation of Early Splitting conduct. The public will further benefit and Tattering of Pistachio Nuts to Aflatoxin nutritional values. Therefore, all of from the increased international in the Orchard.’’ Phytopathology 76:692–694 these commodities were found to have 2. Sommer, N.F. 1994. ‘‘Genetic Variation harmonization of crop classification and similar characteristics and uses to in the Resistance of Various Cultivars of Tree nomenclature, harmonized commodity become a member of Tree Nut Crop Nut to Aspergillus flavus,’’ Univ. CA. Project import and export standards, and Group 14–11. The scientific names for Report #0500–00029–006–01S. USDA increased potential for resource sharing each commodity entry proposed for Current Research Information Service. between EPA and other pesticide

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regulatory agencies. Revisions to the regulations at 13 CFR 121.201; (2) a Coordination with Indian Tribal crop grouping program will result in no small governmental jurisdiction that is a Governments (65 FR 67249, November appreciable costs or negative impacts to government of a city, county, town, 6, 2000), EPA has determined that this consumers, specialty crop producers, school district or special district with a proposed rule does not have tribal and pesticide registrants. population of less than 50,000; and (3) implications because it will not have The benefits of the proposed rule can a small organization that is any not-for- any effect on tribal governments, on the be shown through the example of the profit enterprise which is independently relationship between the Federal impact of changes to Crop Group 3 in owned and operated and is not government and the Indian tribes, or on a prior rulemaking from December 7, dominant in its field. the distribution of power and 2007 (72 FR 69150). That rulemaking In determining whether a rule has a responsibilities between the Federal established Bulb Vegetable Crop Group significant economic impact on a government and Indian tribes, as 3–07, which expanded upon the related substantial number of small entities, the specified in the Order. Thus, Executive Crop Group 3, Bulb Vegetables from 7 impact of concern is any significant Order 13175 does not apply to this to 25 crops, an increase of 18 from the adverse economic impact on small proposed rule. original crop group. Prior to the entities, since the primary purpose of establishment of the expanded crop the regulatory flexibility analyses is to G. Executive Order 13045 group, adding tolerances for the 18 identify and address regulatory Executive Order 13045, entitled crops would have required a minimum alternatives ‘‘which minimize any Protection of Children from of 18 field trials at a cost of significant economic impact of the Environmental Health Risks and Safety approximately $5.4 million (assuming proposed rule on small entities’’ (5 Risks (62 FR 19885, April 23, 1997) does $300,000 per field trial). However, after U.S.C. 603 and 604). Thus, an agency not apply to this proposed rule because promulgation of the new group, these 18 may certify that a rule will not have a this action is not designated as an new crops could obtain pesticide significant economic impact on a economically significant regulatory tolerances under a Crop Group 3–07 substantial number of small entities if action as defined by Executive Order tolerance with no field trials in addition the rule relieves regulatory burden or 12866 (see Unit IV.A.), nor does it to those required on the representative otherwise has a positive economic effect establish an environmental standard, or commodities (which did not change on all of the small entities subject to the otherwise have a disproportionate effect with the expansion of the group). Fewer rule. on children. field trials mean a greater likelihood This proposed action provides H. Executive Order 13211 that these commodities will obtain regulatory relief and regulatory tolerance coverage under the FFDCA, flexibility. The new crop groups ease This action is not a ‘‘significant aiding growers and reducing the costs of the process for pesticide manufacturers energy action’’ as defined in Executive both the IR–4 data development process to obtain pesticide tolerances on greater Order 13211, entitled Actions and the EPA review process. numbers of crops. Pesticides will be Concerning Regulations that Significantly Affect Energy Supply, B. Paperwork Reduction Act more widely available to growers for use on crops, particularly specialty crops. Distribution, or Use (66 FR 28355, May This action does not impose any new 22, 2001) because it is not designated as information collection requirements that D. Unfunded Mandates Reform Act a regulatory action as defined by would require additional review or Pursuant to Title II of the Unfunded Executive Order 12866 (see Unit IV.A.), approval by OMB under the provisions Mandates Reform Act of 1995 (UMRA) nor is it likely to have any adverse effect of the Paperwork Reduction Act (PRA), (Pub. L. 104–4), EPA has determined on the supply, distribution, or use of 44 U.S.C. 3501 et seq. However, the that this proposed regulatory action energy. proposed rule is expected to reduce does not contain a Federal mandate that I. National Technology Transfer and mandatory paperwork due to a may result in expenditures of $100 Advancement Act reduction in required studies. The million or more for State, local, and proposed rule will have the effect of tribal governments, in the aggregate, or Section 12(d) of the National reducing the number of residue the private sector in any one year. Technology Transfer and Advancement chemistry studies because fewer Accordingly, this rule is not subject to Act of 1995 (NTTAA), (15 U.S.C. 272 representative crops would need to be the requirements of sections 202, 203, note) directs EPA to use voluntary tested under a crop grouping scheme, 204, and 205 of UMRA. consensus standards in its regulatory than would otherwise be required. activities unless to do so would be E. Executive Order 13132 inconsistent with applicable law or C. Regulatory Flexibility Act Pursuant to Executive Order 13132, impractical. Voluntary consensus Pursuant to section 605(b) of the entitled Federalism (64 FR 43255, standards are technical standards (e.g., Regulatory Flexibility Act (RFA), 5 August 10, 1999), EPA has determined materials specifications, test methods, U.S.C. 601 et seq., the Agency hereby that this action does not have federalism and sampling procedures) that are certifies that this rule will not have a implications, because it will not have developed or adopted by voluntary significant adverse economic impact on substantial direct effects on the states, consensus standards bodies. This a substantial number of small entities. on the relationship between the national proposed rule does not impose any This proposed rule does not have any government and the states, or on the technical standards that would require direct adverse impacts on small distribution of power and EPA to consider the use of any businesses, small non-profit responsibilities among the various voluntary consensus standards. organizations, or small local levels of government, as specified in the J. Executive Order 12898 governments. Order. Thus, Executive Order 13132 For the purpose of assessing the does not apply to this proposed rule. This action does not have an adverse impacts of this proposed rule on small impact on the environmental and health entities, a small entity is defined as: F. Executive Order 13175 conditions in low-income and minority (1) A small business as defined by the As required by Executive Order communities. Therefore, this action Small Business Administration’s (SBA) 13175, entitled Consultation and does not involve special consideration

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of environmental justice related issues Dated: October 27, 2011. paragraphs (c)(22) through (c)(28), as specified in Executive Order 12898, Stephen A. Owens, respectively, and add a new paragraph entitled Federal Actions to Address Assistant Administrator for Chemical Safety (c)(21). Environmental Justice in Minority and Pollution Prevention. These proposed amendments read as Populations and Low-Income Therefore, it is proposed that 40 CFR follows: chapter I be amended as follows: Populations (59 FR 7629, February 16, § 180.41 Crop group tables. 1994). 1. The authority citation for part 180 continues to read as follows: * * * * * List of Subjects in 40 CFR Part 180 (c) * * * Authority: 21 U.S.C. 321(q). 346a and 371. (17) Crop Group 12–11: Stone Fruit Environmental protection, 2. In § 180.41 amend as follows: Group. Administrative practice and procedure, a. Redesignate paragraphs (c)(17) (i) Representative commodities. Sweet pesticides and pests. through (c)(26) as paragraphs (c)(18) cherry or Tart cherry, Peach, and Plum through (c)(27), respectively, and add a or Prune plum. new paragraph (c)(17). (ii) Commodities. The following Table b. Redesignate newly redesignated 1 is a list of all commodities included paragraphs (c)(21) through (c)(27) as in Crop Group 12–11.

TABLE 1—CROP GROUP 12–11: STONE FRUIT GROUP

Related Commodities crop subgroup

Apricot (Prunus armeniaca L.) ...... 12–11C Apricot, Japanese (Prunus mume Siebold & Zucc.) ...... 12–11C Capulin (Prunus serotina Ehrh. subsp. capuli (Cav.) McVaugh) ...... 12–11A Cherry, black (Prunus serotina Ehrh. subsp. Serotina) ...... 12–11A Cherry, Nanking (Prunus tomentosa Thunb.) ...... 12–11A Cherry, sweet (Prunus avium L.) ...... 12–11A Cherry, tart (Prunus cerasus L.) ...... 12–11A Chokecherry (Prunus virginiana L.) ...... 12–11A Nectarine (Prunus persica (L.) Batsch var. nucipersica (Suckow) C.K. Schneid) ...... 12–11B Peach (Prunus persica (L.) Batsch var. persica) ...... 12–11B Plum (Prunus domestica L. subsp. Domestica) ...... 12–11C Plum, American (Prunus americana Marshall) ...... 12–11C Plum, beach (Prunus maritima Marshall) ...... 12–11C Plum, Canada (Prunus nigra Aiton) ...... 12–11C Plum, cherry (Prunus cerasifera Ehrh.) ...... 12–11C Plum, Chickasaw (Prunus angustifolia Marshall) ...... 12–11C Plum, Damson (Prunus domestica L. subsp. insititia (L.) C.K. Schneid.) ...... 12–11C Plum, Japanese (Prunus salicina Lindl.; P. salicina Lindl. var. salicina) ...... 12–11C Plum, Klamath (Prunus subcordata Benth) ...... 12–11C Plum, prune (Prunus domestica L. subsp. Domestica) ...... 12–11C Plumcot (Prunus hybr.) ...... 12–11C Sloe (Prunus spinosa L.) ...... 12–11C Cultivars, varieties, and/or hybrids of these ......

(iii) Crop subgroups. The following Crop Group 12–11, specifies the subgroup, and lists all the commodities Table 2 identifies the crop subgroups for representative commodities for each included in each subgroup.

TABLE 2—CROP GROUP 12–11: SUBGROUP LISTING

Representative commodities Commodities

Crop subgroup 12–11A. Cherry subgroup

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

Crop subgroup 12–11B. Peach subgroup

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

Crop subgroup 12–11C. Plum subgroup

Plum or Prune plum ...... Apricot; Apricot, Japanese; Plum; Plum, American; Plum, beach; Plum, Canada; Plum, cherry; Plum, Chickasaw; Plum, Damson; Plum, Japanese; Plum, Klamath; Plumcot; Plum, prune; Sloe; cultivars, vari- eties, and/or hybrids of these.

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* * * * * Chinquapin (Castanea pumila (L.) Mill., Pachira nut (Pachira insignis (Sw.) (21) Crop Group 14–11. Tree Nut C. ozarkensis Ashe) Savigny) Group. Coconut (Cocos nucifera L.) Peach palm nut (Bactris gasipaes Kunth (i) Representative commodities. Coquito nut (Jubaea chilensis (Molina) var. gasipaes, B. gasipaes Kunth) Almond and Pecan. Baill.) Pecan (Carya illinoinensis (Wangenh.) (ii) Commodities. The following is a Dika nut ( (Aubry- K.Koch) list of all commodities included in Crop Lecomte ex O’Rorke) Baill.) Pequi (Caryocar brasiliense Cambess., C. Group 14–11. Ginkgo (Ginkgo biloba L.) villosum (Aubl.) Pers, C. nuciferum Guiana chestnut ( L.) Crop Group 14–11: Tree Nut Group— Aubl.) Pili nut (Canarium ovatum Engl., C. Commodities Hazelnut, Filbert ( vulgare Leenh., C. indicum L.) African nut-tree (Ricinodendron Marshall, C. avellana L., C. californica Pine nut (Pinus edulis Engelm., P. heudelotii (Baill.) Heckel) (A. DC.) Rose, C. chinensis Franch.) koraiensis Siebold & Zucc., P. sibirica ` Almond (Prunus dulcis (Mill.) D.A. Heartnut (Juglans ailantifolia Carriere Du Tour, P. pumila (Pall.) Regel, P. Webb) var. cordiformis (Makino) Rehder, J. gerardiana Wall. ex D. Don, P. ailantifolia Carrie`re) Beechnut ( Ehrh., F. monophylla Torr. & Fre´m., P. Hickory nut (Carya cathayensis Sarg., C. sylvatica L., F. sylvatica L. subsp. quadrifolia Parl. ex Sudw., P. pinea glabra (Mill.) Sweet, C. laciniosa (F. Sylvatica) L.) Michx.) W. P. C. Barton, C. (Bertholletia excelsa Humb. & Pistachio (Pistacia vera L.) myristiciformis (F. Michx.) Elliott, C. Bonpl.) Sapucaia nut (Lecythis zabucaja Aubl.) ovata (Mill.) K. Koch, C. tomentosa Tropical almond (Terminalia catappa Brazilian pine (Araucaria angustifolia (Lam.) Nutt.) (Bertol.) Kuntze) Japanese horse-chestnut (Aesculus L.) Bunya (Araucaria bidwillii Hook.) turbinata Blume) Walnut, black (Juglans hindsii Jeps. ex Bur oak (Quercus macrocarpa Michx.) Macadamia nut ( R. E. Sm., J. microcarpa Berland., J. Butternut (Juglans cinerea L.) Maiden & Betche, M. tetraphylla nigra L.) Cajou nut (Anacardium giganteum L.A.S. Johnson) Walnut, English (Juglans regia L.) Hance ex Engl.) Mongongo nut (Schinziophyton Yellowhorn (Xanthoceras sorbifolium Candlenut ( (L.) rautanenii (Schinz) Radcl.-Sm.) Bunge) Willd.) Monkey-pot (Lecythis pisonis Cambess.) Cultivars, varieties, and/or hybrids of Cashew (Anacardium occidentale L.) Monkey puzzle nut (Araucaria these. Chestnut (Castanea crenata Siebold & araucana (Molina) K. Koch) * * * * * Zucc., C. dentata (Marshall) Borkh., C. Okari nut (Terminalia kaernbachii [FR Doc. 2011–29071 Filed 11–8–11; 8:45 am] mollissima Blume, C. sativa Mill.) Warb.) BILLING CODE 6560–50–P

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