69150 Federal Register / Vol. 72, No. 235 / Friday, December 7, 2007 / Rules and Regulations Administrator of this final rule does not Incorporation by reference, PART 52—[AMENDED] affect the finality of this rule for the Intergovernmental relations, Nitrogen I purposes of judicial review nor does it dioxide, Ozone, Particulate matter, 1. The authority citation for part 52 extend the time within which a petition Reporting and recordkeeping continues to read as follows: for judicial review may be filed, and requirements, Sulfur oxides, Volatile Authority: 42 U.S.C. 7401 et seq. shall not postpone the effectiveness of organic compounds. such rule or action. This action may not Subpart L—Georgia Dated: November 28, 2007. be challenged later in proceedings to I 2. Section 52.570(c) is amended by enforce its requirements. (See section J.I. Palmer, Jr., revising the entry for ‘‘391–3–20’’ to 307(b)(2).) Regional Administrator, Region 4. read as follows: List of Subjects in 40 CFR Part 52 I 40 CFR part 52 is amended as follows: § 52.570 Identification of plan. Environmental protection, Air * * * * * pollution control, Carbon monoxide, (c) * * * EPA APPROVED GEORGIA REGULATIONS State effective State citation Title/subject date EPA approval date Explanation ******* 391–3–20 ......... Enhanced Inspection and Maintenance ...... 09/26/2007 12/07/2007 [Insert citation of publication]. ******* * * * * * DATES: This final rule is effective on Agency, 1200 Pennsylvania Ave., NW., [FR Doc. E7–23710 Filed 12–6–07; 8:45 am] December 7, 2007. Washington, DC 20460–0001; telephone BILLING CODE 6560–50–P ADDRESSES: EPA has established a number: 703-308-9068; fax number: 703- docket for this action under docket 305-5884; e-mail address: identification (ID) number EPA–HQ– [email protected]. ENVIRONMENTAL PROTECTION OPP–2007–0766. To access the SUPPLEMENTARY INFORMATION: AGENCY electronic docket, go to http:// I. Does this Action Apply to Me? 40 CFR Part 180 www.regulations.gov, select ‘‘Advanced Search,’’ then ‘‘Docket Search.’’ Insert You may be potentially affected by [EPA–HQ–OPP–2007–0766; FRL–8343–1] the docket ID number where indicated this action if you are an agricultural RIN 2070–AJ28 and select the ‘‘Submit’’ button. Follow producer or food manufacturer. the instructions on the regulations.gov Potentially affected entities may Pesticide Tolerance Crop Grouping website to view the docket index or include, but are not limited to: Program access available documents. All • Crop Production (NAICS code 111). documents in the docket are listed in • Animal Production (NAICS code AGENCY: Environmental Protection the docket index available in 112). Agency (EPA). regulations.gov. Although listed in the • Food Manufacturing and Processing ACTION: Final rule. index, some information is not publicly (NAICS code 311). • SUMMARY: This final rule makes available, e.g., Confidential Business Pesticide manufacturing (NAICS revisions to the pesticide tolerance crop Information (CBI) or other information code 32532). grouping regulations. Crop grouping whose disclosure is restricted by statute. This listing is not intended to be allows tolerances to be established for Certain other material, such as exhaustive, but rather provides a guide multiple related crops based on data copyrighted material, is not placed on for readers regarding entities likely to be from a representative set of crops. The the Internet and will be publicly affected by this action. Other types of revisions will create a new crop group available only in hard copy form. entities not listed in this unit could also for edible fungi (mushrooms), expand Publicly available docket materials are be affected. The North American existing crop groups by adding new available either in the electronic docket Industrial Classification System commodities, establish new crop at http://www.regulations.gov, or, if only (NAICS) codes have been provided to subgroups, and revise the representative available in hard copy, at the Office of assist you and others in determining crops in some groups. Additionally, Pesticide Programs (OPP) Regulatory whether this action might apply to EPA is revising the general crop group Public Docket in Rm. S–4400, One certain entities. If you have any regulation to explain how the Agency Potomac Yard (South Bldg.), 2777 S. questions regarding the applicability of will implement revisions to crop Crystal Dr., Arlington, VA. The hours of this action to a particular entity, consult groups. EPA expects these revisions to operation of this Docket Facility are the person listed under FOR FURTHER promote greater use of crop groupings from 8:30 a.m. to 4 p.m., Monday INFORMATION CONTACT. for tolerance-setting purposes and, in through Friday, excluding legal II. Overview of this Document particular, assist in retaining or making holidays. The Docket Facility telephone pesticides available for minor crop uses. number is (703) 305–5805. A. What Action is the Agency Taking? This is the first in a series of planned FOR FURTHER INFORMATION CONTACT: This final rule, under the provisions crop group updates expected during the Rame Cromwell, Office of Pesticide of section 408 of the Federal Food, Drug, next several years. Programs, Environmental Protection and Cosmetic Act (FFDCA), amends VerDate Aug<31>2005 14:57 Dec 06, 2007 Jkt 214001 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\07DER1.SGM 07DER1 rfrederick on PROD1PC67 with RULES Federal Register / Vol. 72, No. 235 / Friday, December 7, 2007 / Rules and Regulations 69151 EPA’s regulations governing crop group but is adopting most provisions without immediately after the pre-existing group tolerances for pesticides. Specifically, change. For the reasons discussed in in the Code of Federal Regulations the rule: (1) creates a new crop group for Unit V, EPA is making the following (CFR); and (3) title the revised crop edible fungi (mushrooms); (2) expands modifications in the final rule: (1) Add group in a way that clearly differentiates existing crop groups by adding new the general statement ‘‘will include it from the pre-existing crop group. The commodities; (3) establishes new crop cultivars, varieties, and/or hybrids of revised crop group will retain roughly subgroups for two groups; (4) changes these’’ to replace the extensive list of the same name and number as the pre- the representative crops for two groups; hybrids to the crop groups. (2) Add existing group except that the number and (5) revises the general crop group Kiwi, fuzzy (Actinida chinensis) to Crop will be followed by a hyphen and the regulation in 40 CFR 180.40 to explain Group 13-07: Berry and Small Fruit final 2 digits of the year it is established. how the Agency will implement Group. Over time, EPA expects that revisions to crop groups. Otherwise, EPA is promulgating the tolerances for pre-existing crop groups The crop grouping concept leads to an rule as proposed. would be upgraded and would estimate of the maximum residue level Additionally, EPA is making one eventually be converted to tolerances for (MRL) that could occur on any crop technical correction to the crop group the more recent crop groups. (See Unit within the group. The minimum data regulation. The crop group regulation VI.) The adoption of a standardized required for a group tolerance consists currently titles crop subgroups by giving format for titling amended crop groups of residue data for all representative them a number corresponding to the is specifically designed to create a clear commodities for a group. This action is crop group number and also a letter to distinction between pre-existing and intended to promote more extensive use distinguish between subgroups. The amended crop groups. These procedures of crop group tolerances and, in number and letter are separated by a are necessary because when EPA particular, will assist in retaining or hyphen. For example, within the crop expands an existing crop group it is making pesticides available for minor group for root and tuber vegetables difficult to simultaneously amend the crop uses. (Crop Group 1), the root vegetables dozens of pesticide tolerances for that This final rule is the first in a series subgroup is designated as ‘‘Crop crop group already in force. of planned crop group updates expected Subgroup 1-A.’’ Recent amendments to One commenter objected to this new to be promulgated in the next several existing tolerances specified the number scheme claiming it may result in years. and letter of a subgroup without confusion for growers and difficulties in including a hyphen. Thus subgroup 1- harmonizing U.S. tolerances with B. What is the Agency’s Authority for A has been listed in the amended international maximum residue levels this Action? tolerances as 1A. To avoid correcting for pesticides. The commenter suggested EPA is authorized to establish the recent amendments to hundreds if that if the change in the crop group is tolerances for pesticide chemical not thousands of tolerances, EPA is significant, a distinctive new name residues in food under FFDCA section changing the crop group regulation to should be given the new crop group, but 408. EPA establishes tolerances for each delete the hyphen in the designation of if the change involves adding only pesticide based on the potential risks to the crop subgroups number and letter. minor crops and no alteration of the human health posed by that pesticide. A Thus, for example, in § 180.41(c)(1)(iii), representative commodities then ‘‘no tolerance is the maximum permissible ‘‘subgroup 1-A’’ will become ‘‘subgroup change in tolerance expression should residue level established for a pesticide 1A.’’ Subgroups for amended crop be necessary when requesting label in raw agricultural produce and groups will also drop the hyphen before amendments adding the new minor processed foods. The crop group the letter distinguishing the subgroup. crops.’’ regulations currently in 40 CFR 180.40 Thus the bulb onion subgroup will be EPA understands that modifying and 180.41 enable the establishment of encoded as ‘‘subgroup 3-07A’’ not existing crop groups could lead to tolerances for a group of crops based on ‘‘subgroup 3-07-A.’’ EPA finds that there confusion.