Federal Register/Vol. 72, No. 235/Friday, December 7

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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

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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. For this reason it is adopting residue data for certain crops that are is good cause to make this change to the transparent procedures for how such representative of the group. Crop group crop group regulation without prior modification will be published in the regulations are promulgated under notice and comment because this is a CFR and the titling procedure that will section 408(e)(1)(C) which authorizes formatting change having no substantive be used. Along these lines, an outreach EPA to establish ‘‘general procedures or procedural effect, and thus notice and effort to inform registrants, agriculture and requirements to implement [section comment is unnecessary. professionals, trade partners and others 408].’’ 21 U.S.C. 346 a(e)(1)(C). will be undertaken in support of these V. Response to Comments changes. EPA agrees with the III. The Proposed Rule In this section EPA describes the commenter that if a crop group is EPA published a notice of proposed comments received on the proposed changed in significant ways, a new rulemaking in the Federal Register of rule, and EPA’s response to those descriptive name is appropriate. EPA May 23, 2007 (77 FR 28920). Written comments, including EPA’s has done just that with the berries crop comments were solicited and were determination of necessary modification group, changing the name to the berry received from four parties in response to of the proposed rule for this final rule. and small fruit group to reflect the the proposal. Comments were received significant crops added to the group. from a pesticide manufacturer, an A. General Procedures for Amending However, EPA disagrees with the association representing pesticide Pre-existing Crop Groups assertion that no new crop group (and manufacturers, New Zealand Food EPA is adopting provisions of the crop group name) is needed when only Safety Authority, and the Interregional proposed rule without changes. minor crops are added and the Research Project No. 4 (IR-4). The final rule specifies that, when a representative commodities remain the crop group is amended in a manner that same. Unless EPA creates a new crop IV. The Final Rule expands or contracts its coverage of group when it expands the coverage of In response to comments, EPA is commodities, EPA will (1) retain the an existing group by adding new modifying some aspects of the rule pre-existing crop group in 40 CFR commodities, EPA will be expanding relating to commodities identification, 180.41; (2) insert the revised crop group the scope of all then-current existing

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pesticide tolerances for that existing include cultivars, varieties, and/or fuzzy kiwifruit are different in size and crop group. For example, the revisions hybrids of these commodities. in plant growth habits from other fruits to Crop Group 3 involve adding 19 in the group as well as being the only C. Crop Group 13-07: Berry and Small additional commodities. If EPA did not fruit in the group with inedible skin. Fruit Group establish a new crop group for this The commenter further noted that any expanded set of commodities but EPA is adopting its proposal with an future inclusion of fuzzy kiwifruit in a instead just added these commodities to added commodity. The final rule revises crop group should recognize that there the existing crop group, the tolerance for and expands the berries crop group, but are currently two cultivars presently the existing crop group already in the retains pre-existing Crop Group 13 and being grown commercially (Acinidia CFR would instantly expand to cover 19 titles the revised group Crop Group 13- deliciosa and Actinidia chinensis). additional commodities. This would be 07. Finally, this commenter requested that problematic because EPA would, in 1. Add commodities. Revised Crop hardy kiwifruit be renamed to clearly effect, be establishing new tolerances for Group 13-07 is expanded from the differentiate this commodity from the the added commodities without existing Crop Group 13 of 10 to 46 other more traditional kiwifruit following the statutory procedures for commodities. (possibly by calling it ‘‘Argot fruit’’) and establishing a new tolerance or making 2. Change the crop group name. The using the more generic name the required safety findings. There is no final rule changes the name of ‘‘Crop ‘‘Kiwifruit’’ (defined as Actinidia provision in section 408 for waiving Group 13: Berries Group’’ to ‘‘Crop deliciosa or Actinidia chinensis) instead these procedural and substantive Group 13-07: Berry and Small Fruit of the proposed name ‘‘Kiwifruit, fuzzy’’ requirements for new tolerances. Group.’’ (currently defined as only Actinidia 3. Revise the existing subgroups. The deliciosa). B. Crop Group 3-07: Bulb Vegetable final rule revises 13-07 to have EPA believes that it is appropriate to Group subgroups, 13-07A and 13-07B. keep both hardy and fuzzy kiwifruit as EPA is adopting its proposal with one Subgroup13-07A is similar to existing members of the berry and small fruit change, not to list specific hybrids. The 13A except that wild raspberry has been crop group. Kiwifruit is considered a final rule retains the pre-existing Crop added. Subgroup 13-07B will have 13 trellis crop similar to grape culture, and Group 3 and titles the revised group as additional commodities for a total of 19 its peel, while traditionally deemed Crop Group 3-07. commodities. inedible, is becoming increasingly 1. Add commodities. The final rule 4. Create new subgroups. The final popular to eat. Nonetheless, EPA will revises Bulb Vegetable Group 3-07, rule revises new crop group 13-07 to also consider adding the fuzzy kiwifruit expanding the existing seven add six new subgroups. to a tropical fruit crop group under commodities to 26 commodities. i. Large shrub berry subgroup 13-07C. development. Additionally, EPA agrees 2. Change the names of representative (Representative commodities. with the recommendation to amend the commodities. The final rule changes the Elderberry or Mulberry). 13 definition of fuzzy kiwifruit to include name of the representative commodities commodities are included in this both its green (Acinidia deliciosa) and for the new crop group by designating subgroup. yellow (Actinidia chinensis) varieties. onion, bulb and onion, green as the ii. Small fruit vine climbing 13-07D. Both varieties are currently grown in the representative commodities. (Representative commodities. Grape and U.S., and although the yellow fleshed 3. Create crop subgroups. The final Fuzzy kiwifruit). Seven commodities are varieties have less surface hair on the rule retains the proposed addition of included in this subgroup. fruit than the green varieties, both two subgroups to the revised crop iii. Small fruit vine climbing varieties are approximately the same group. subgroup, except grape 13-07E. size and are grown under the same i. Bulb onion subgroup 3-07A . (Representative commodity. Fuzzy conditions. Finally, EPA will retain the Representative crop. Onion, bulb. kiwifruit). Six commodities are name ‘‘Kiwifruit, hardy’’ because it is a Eleven commodities are included in this included in this subgroup. common commodity name in North subgroup. iv. Small fruit vine climbing subgroup America for the small, grape-like ii. Green onion subgroup 3-07B. except fuzzy kiwifruit, Grape 13-07F. varieties of kiwifruit. It includes the Representative crop. Onion, green. (Representative commodity. Grape). Six Arguta species and the scientific name Fifteen commodities are included in commodities are included in this is Actinidia arguta. this subgroup. subgroup. One comment was received 4. Change of format. The final rule v. Low growing berry subgroup 13- concerning adding Low growing berry converts the current narrative format of 07G. (Representative commodity. subgroups to the berry and small fruit the existing group to tabular form. Strawberry). Nine commodities are group. The commenter asserted that 5. Change the name. The final rule included in this subgroup. these subgroups contain diverse berries drops the descriptor ‘‘(Allium spp.)’’ vi. Low growing berry subgroup, which vary significantly in harvest from the name. except strawberry 13-07H. practices (e.g. strawberry vs. blueberry) A commenter recommended that (Representative commodity. Cranberry). as well as growth habit (e.g., blueberry specific hybrids in the Bulb Vegetable Eight commodities are included in this vs. cranberry). The commenter stated Crop Group should not be listed. The subgroup. that, although the approach of creating commenter claimed that listing some Several comments were received inclusive new crop groups is desirable, hybrids and/or cultivars can cause regarding the addition of kiwifruit to in these instances it may be unlikely confusion and uncertainty for growers this crop group. One commenter that pest control solutions are likely to of hybrids that are not listed. requested that both ‘‘Kiwifruit, hardy’’ have similar directions for use (number EPA agrees with the commenter that and ‘‘Kiwifruit, fuzzy’’ be removed from of applications, pre-harvest interval, use extensive listings of hybrids are not the crop group and a new group be rate, etc.), thus making the probability of necessary and could be confusing. created for inedible skinned tropical having the same tolerance quite low. Instead, the Agency is replacing the fruit. Another commenter asked that The commenter speculated that the extensive lists of hybrids and cultivars only ‘‘Kiwifruit, fuzzy’’ be deleted from likelihood of use of these subgroups with a general statement that will the group. This commenter argued that may be low.

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EPA disagrees that the commodities Another commenter asked how the (see Unit III. A. of the preamble of the in these subgroups are too diverse. This proposed changes would affect residue proposed rule). The commenter stated subgroup was formed based on the programs of registrants and IR-4 that are that when a tolerance petition for one commodities being either short shrubs now in progress and may have been crop or group includes a request to or herbaceous perennials less than two initiated under soon-to-be-superseded amend a different tolerance solely to feet in height. Most of these berries are crop groupings. The commenter asked conform to a new crop group definition, from botanical families of Ericaceae and whether such field residue programs the registration service fee under FIFRA Rosaceae and have similar sized fruits can be completed under the existing section 33 should not be imposed or (1/2 to 1/3 inches in length), except the crop groupings, and if adapting the increased for that amendment action if strawberry, which is larger in size. programs to the new crop groups would it does not involve review of any data, Strawberry is selected as representative delay submission of tolerance petitions. or for subsequent conforming label commodity for this subgroup (13-07G) The changes in the final rule will not amendments. of nine commodities based on its impact on-going residue programs nor The fees for making label changes potential for higher residues related to should it delay submissions of tolerance listed under PRIA are clearly defined. the presence of seeds on its edible skin, petitions. The changes being made do However, for this sort of change the higher per capita consumption, cultural not require different field trial data for registrant may request a discretionary practices, and larger commercial the representative commodities. In the refund for data that have already been production and geographical locations. case of Crop Group 3-07: Bulb Vegetable reviewed. EPA will evaluate these The blueberries in these subgroups are Group, the two representative requests as they are submitted, but it the lowbush types that are low growing commodities are still bulb onion and will not, at this time, make an across- (less than two feet) and similar to others green onion. The rule will add the-board determination on PRIA fees. in size in the subgroups. The highbush subgroups and include additional crops. Further, registrants may choose not to blueberry is in a separate crop subgroup The field residue data requirements make these changes when submitting a (13-07B). The Agency is already remain the same. Therefore, the only petition request for other crops. Because receiving requests to utilize these changes required for submission of the of the demonstrated advantages of the subgroups for tolerance setting. tolerance petitions will be updated or new crop groups, EPA will administrative in that a new petition eventually propose to convert existing D. New Crop Group 21: Edible Fungi should reflect the new crop groups or crop groups on its own through Group subgroups. As stated in the proposed mechanisms such as the registration EPA received no comments on the rule, once this rule is final, EPA will not review process. addition of this new group and adopts establish new tolerances under the pre- Finally, EPA received a comment its proposed rule without change. existing groups. asking which crops from groups covered The Agency received a comment on by crop group tolerances should be E. Technical Corrections whether an administrative process listed on the label in order to cover use could replace tolerance petitions to No comments were submitted on the of the pesticide on the entire group of speed up and smooth the revision of proposed technical corrections section, all crops, selected crops, and existing tolerances affected by changes and EPA adopts its proposed rule representative crops only. EPA agrees in crop groupings, especially since most without change. that there are some coordination issues of the additions of orphan/minor crops relative to labeling and tolerance F. Other Comments will not impact dietary risk assessment. expression and will address this The commenter suggested that there is A commenter suggested significant question in other ways and through a potential for unfair marketing changes to the preamble regarding the outreach activities. advantage for new active ingredients background of the rule. versus currently registered active VI. Implementation These comments did not pertain to ingredients, if a tolerance petition is After the effective date, when a crop the substance of the rule. EPA will always required. It was proposed that group is amended in a manner that consider these comments in the IR-4 might play a facilitating role in expands or contracts its coverage of development of preambles for future administrative updates for all active commodities, EPA will (1) retain the proposed rules on crop groups. ingredients affected by a particular crop pre-existing crop group in § 180.41; (2) The Agency received a comment grouping change. insert the revised crop group asking how the proposed changes will In response, EPA would note that immediately after the pre-existing crop affect established product labels, section 408 sets forth specific rule- group in the CFR; (3) title the revised including use directions for crops that making procedures for establishing and crop group in a way that clearly are moved into new crop grouping modifying tolerances. The process for differentiates it from the pre-existing arrangements. taking advantage of the new group of crop group. There will be no EPA required edible fungi or expanded and updated The revised crop group will retain changes to existing product labels. For groups of bulb vegetables and berries roughly the same name and number as product labels, crops are not involves making a tolerance petition to the pre-existing group except the automatically listed with the new crop EPA. The administrative and governing number will be followed by a hyphen group members. In addition, with statutory requirements are analogous, and the final digits of the year respect to pre-existing tolerances, the whether the petition involves a single established. (e.g., Crop Group 3-07) existing crop groups will remain in crop or one of the new or updated crop EPA will initially retain pre-existing place until a petition request is made to groups. crop groups that have been superseded revise them or a chemical goes through EPA received a comment that the by revised crop groups. EPA will not the registration review process. At that conversion of existing crop group establish new tolerances under the pre- time, and at the discretion of the tolerances to the new crop group existing groups. Further, EPA plans to registrant, labels would also have to be definitions could require petition action eventually convert tolerances for any amended to reflect the changes to add by a registrant and amendments to pre-existing crop group to tolerances the new crop group. labels under the plan proposed by EPA with coverage of the revised crop group.

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This conversion will be effected both export standards, and increased substantial number of small entities if through the registration review process potential for resource sharing between the rule relieves regulatory burden, or and in the course of preparing new risk EPA and other pesticide regulatory otherwise has positive economic effects assessments for a pesticide. EPA agencies. Revisions to the crop grouping on all of the small entities subject to the requests that petitioners for tolerances program will result in no appreciable rule. address this issue in their petitions. costs or negative impacts to consumers, This rule provides regulatory relief For existing petitions for which a specialty crop producers, pesticide and regulatory flexibility because the Notice of Filing has been published, the registrants, the environment or human new or expanded crop groups ease the Agency will attempt to conform these health. process for pesticide manufacturers to petitions to this rule. No comments were received on the obtain pesticide tolerances on greater costs or burdens described in the numbers of crops and make it likely that VII. Statutory and Executive Order Economic Analysis for the proposed pesticides will be more widely available Reviews rule. to growers for use on crops, particularly A. Executive Order 12866 B. Paperwork Reduction Act specialty crops. Under Executive Order 12866, This rule does not contain any new D. Unfunded Mandates Reform Act entitled Regulatory Planning and information collection requirements that Under Title II of the Unfunded Review (58 FR 51735, October 4, 1993), would need approval by OMB under the Mandates Reform Act of 1995 (UMRA) the Office of Management and Budget provisions of the Paper Reduction Act (Public Law 104–4), EPA has (OMB) has designated this final rule as (PRA), 44 U.S.C. 3501 et seq. However, determined that this action does not a not-significant regulatory action under the rule is expected to reduce contain a Federal mandate that may section 3(f) of the Executive Order. mandatory paperwork due to a result in expenditures of $100 million or EPA prepared an analysis of the reduction in required studies. The rule more for State, local, and tribal potential costs and benefits associated will have the effect of reducing the governments, in the aggregate, or the with this action. This analysis is number of residue chemistry studies private sector in any 1 year. contained in ‘‘Economic Analysis Final because fewer representative crops Accordingly, this rule is not subject to Expansion of Crop Grouping Program.’’ would need to be tested under a crop the requirements of sections 202, 203, A copy of the analysis is available in the grouping scheme, than would otherwise 204, and 205 of UMRA. docket and is briefly summarized here. be required. This is a burden-reducing regulation. E. Executive Order 13132 C. Regulatory Flexibility Act Crop grouping has saved money by Pursuant to Executive Order 13132, permitting the results of pesticide Pursuant to section 605(b) of the entitled Federalism (64 FR 43255, exposure studies for one crop to be Regulatory Flexibility Act (RFA), 5 August 10, 1999), EPA has determined applied to other, similar crops. The U.S.C. 601 et seq., the Agency hereby that this rule does not have federalism regulation exploits this opportunity for certifies that this rule will not have a implications, because it will not have saving money by expanding certain crop significant adverse economic impact on substantial direct effects on the states, groups and creating a new crop group a substantial number of small entities. on the relationship between the national for edible fungi. This rule does not have any direct government and the states, or on the The primary beneficiaries of the adverse impacts on small businesses, distribution of power and regulation are minor crop producers and small non-profit organizations, or small responsibilities among the various consumers. Specialty crop producers local governments. levels of government, as specified in the will benefit because lower regulatory For purposes of assessing the impacts Order. Thus, Executive Order 13132 costs will encourage more products to of today’s rule on small entities, small does not apply to this rule. be registered on minor crops, providing entity is defined as: (1) a small business additional tools for pest control. according to the small business size F. Executive Order 13175 Consumers will benefit by having a standards established by the Small As required by Executive Order larger supply of imported and Business Administration (SBA); (2) a 13175, entitled Consultation and domestically produced specialty small governmental jurisdiction that is a Coordination with Indian Tribal produce at potentially lower costs. government of a city, county, town, Governments (65 FR 67249, November Secondary beneficiaries are pesticide school district or special district with a 6, 2000), EPA has determined that this registrants, who benefit because population of less than 50,000; and (3) rule does not have tribal implications expanded markets for pesticide a small organization that is any not-for- because it will not have any affect on products will lead to increased sales. profit enterprise which is independently tribal governments, on the relationship The IR-4 Project and EPA, which are owned and operated and is not between the Federal government and publicly funded Federal government dominant in its field. the Indian tribes, or on the distribution entities, will also more efficiently use In determining whether a rule has a of power and responsibilities between resources as a result of the rule. EPA significant economic impact on a the Federal government and Indian will also benefit from broader substantial number of small entities, the tribes, as specified in the Order. Thus, operational efficiency gains, which impact of concern is any significant Executive Order 13175 does not apply result from fewer emergency pesticide adverse economic impact on small to this rule. use requests from specialty crop entities, since the primary purpose of growers, the ability to conduct risk the regulatory flexibility analyses is to G. Executive Order 13045 assessments based on crop grouping, identify and address regulatory Executive Order 13045, entitled greater ease of establishing import alternatives ‘‘which minimize any Protection of Children from tolerances, greater capacity to assess significant economic impact of the final Environmental Health Risks and Safety risks of pesticides used on crops not rule on small entities’’ (5 U.S.C. sections Risks (62 FR 19885, April 23, 1997) does grown in the US, further harmonization 603 and 604). Thus, an agency may not apply to this rule because this action of crop classification and nomenclature, certify that a rule will not have a is not designated as an economically harmonized commodity import and significant economic impact on a significant regulatory action as defined

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by Executive Order 12866 (see Unit does not impose any technical standards Register. This rule is not a ‘‘major rule’’ IV.A.), nor does it establish an that would require EPA to consider any as defined by 5 U.S.C. 804(2). environmental standard, or otherwise voluntary consensus standards. List of Subjects in 40 CFR Part 180 have a disproportionate effect on J. Executive Order 12898 children. Environmental protection, Under Executive Order 12898, H. Executive Order 13211 Administrative practice and procedures, entitled Federal Actions to Address pesticides and pests. This rule is not subject to Executive Environmental Justice in Minority Populations and Low-Income Dated: November 29, 2007. Order 13211, entitled Actions James B. Gulliford, Concerning Regulations that Populations (59 FR 7629, February 16, 1994), the Agency has not considered Assistant Administrator for Prevention, Significantly Affect Energy Supply, Pesticides, and Toxic Substances. Distribution, or Use (66 FR 28355, May environmental justice-related issues 22, 2001) because it is not designated as because this rule does not have an I Therefore, 40 CFR chapter I is an regulatory action as defined by adverse impact on the environmental amended as follows: Executive Order 12866 (see Unit IV.A.), and health conditions in low-income and minority communities. PART 180—[AMENDED] nor is it likely to have any adverse effect The Agency hereby certifies that this on the supply, distribution, or use of rule will not have significant negative I 1. The authority citation for part 180 energy. economic impact on a substantial continues to read as follows: I. National Technology Transfer and number of small entities. Authority: 21 U.S.C. 321(q), 346a, and 371 Advancement Act VIII. Congressional Review Act Section 12(d) of the National The Congressional Review Act, 5 I 2. Section 180.1 is amended by Technology Transfer and Advancement U.S.C. 801 et seq., generally provides removing from the table in paragraph (g) Act of 1995 (NTTAA), (15 U.S.C. 272 that before a rule may take effect, the the entries for ‘‘Caneberries’’, ‘‘Onions’’, note) directs EPA to use voluntary Agency promulgating the rule must ‘‘Onions (dry bulb only)’’, and ‘‘Onions, consensus standards in its regulatory submit a rule report to each House of green’’ and by adding alphabetically activities unless to do so would be the Congress and the Comptroller new entries for ‘‘Caneberry’’, ‘‘Onion’’, inconsistent with applicable law or General of the United States. EPA will ‘‘Onion, bulb’’, and ‘‘Onion, green’’, impractical. Voluntary consensus submit a report containing this rule and ‘‘Garlic’’ and ‘‘Raspberry’’ to read as standards are technical standards (e.g., other required information to the U.S. follows: materials specifications, test methods, Senate, the U.S. House of and sampling procedures) that are Representatives, and the Comptroller § 180.1 Definitions and interpretations. developed or adopted by voluntary General of the United States prior to * * * * * consensus standards bodies. This rule publication of the rule in the Federal (g) * * *

A B

******* Caneberry ...... Rubus spp. (including blackberry; Rubus caesius (youngberry); Rubus loganbaccus (loganberry); Rubus idaeus (red and black raspberry); cultivars, varieties, 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, varieties, and/ or hybrids of these). *******

* * * * * existing as well as the revised crop numbered in a similar fashion in the group in the CFR. The revised crop revised crop group. The name of the I 3. Section 180.40 is amended by redesignating paragraph (j) as paragraph group will have the same number as the revised crop group will not be changed (k) and adding new paragraph (j) to read pre-existing crop group; however, the from the pre-existing crop group unless as follows: revised crop group number will be the revision so changes the composition followed by a hyphen and the final two of the crop group that the pre-existing § 180.40 Tolerances for crop groups. digits of the year in which it was name is no longer accurate. Once a * * * * * established (e.g., if Crop Group 1 is revised crop group is established, EPA (j) When EPA amends a crop group in amended in 2007, the revised group will will no longer establish tolerances a manner that expands or contracts the be designated as Crop Group 1-07). If under the pre-existing crop group. At commodities that are covered by the the pre-existing crop group had crop appropriate times, EPA will amend group, EPA will initially retain the pre- subgroups, these subgroups will be tolerances for crop groups that have

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been superseded by revised crop groups I 5. Section 180.41 is further amended CROP GROUP 3: BULB VEGETABLE to conform the pre-existing crop group by removing the commodities: (Allium SPP.) GROUP—COMMODITIES to the revised crop group. Once all of cranberry, grape, kiwifruit, mushroom, Garlic, bulb (Allium sativum) the tolerances for the pre-existing crop and strawberry from paragraph (b); by Garlic, great headed, (elephant) (Allium group have been updated, the pre- revising paragraph (c)(3), by ampeloprasum var. ampeloprasum) existing crop group will be removed redesignating paragraphs (c)(4) through Leek (Allium ampeloprasum, A. porrum, A. from the CFR. (c)(19) as paragraphs (c)(5) through tricoccum) (c)(20), respectively, and by adding a * * * * * Onion, dry bulb and green (Allium cepa, A. new paragraph (c)(4) to read as follows: fistulosum) Onion, Welsh, (Allium fistulosum) § 180.41 [Amended] § 180.41 Crop group tables. Shallot (Allium cepa var. cepa) I 4. Section 180.41 is amended by * * * * * removing the hyphens in the crop (c) * * * (4) Crop Group 3-07. Bulb Vegetable (3) Crop Group 3. Bulb Vegetables subgroup numbers listed in the tables in Group. (i) Representative Commodities. (Allium spp.) Group. Onion, bulb and onion, green. paragraphs (c)(1)(ii), (c)(1)(iii), (c)(4)(ii), (i) Representative commodities. (c)(4)(iii), (c)(5)(ii), (c)(5)(iii), (c)(6)(ii), Onion, green; and onion, dry bulb. (ii) Table. The following Table 1 lists (c)(6)(iii), (c)(7)(iii), (c)(9)(ii), (c)(9)(iii), (ii) Commodities. The following is a all the commodities listed in Crop (c)(13)(ii), (c)(13)(iii), (c)(19)(ii), and list of all the commodities in Crop Group 3-07 and identifies the related (c)(19)(iii). Group 3. crop subgroups.

TABLE 1.—CROP GROUP 3-07: BULB VEGETABLE GROUP

Commodities Related crop subgroups

Chive, fresh leaves (Allium schoenoprasum L.) ...... 3-07B Chive, Chinese, fresh leaves (Allium tuberosum Rottler ex Spreng) ...... 3-07B Daylily, bulb (Hemerocallis fulva (L.) L. var. fulva) ...... 3-07A Elegans hosta (Hosta Sieboldiana (Hook.) Engl) ...... 3-07B Fritillaria, bulb (Fritillaria L. fritillary) ...... 3-07A Fritillaria, leaves (Fritillaria L. fritillary) ...... 3-07B Garlic, bulb (Allium sativum L. var. sativum) (A. sativum Common Garlic Group) ...... 3-07A Garlic, great headed, bulb (Allium ampeloprasum L. var. ampeloprasum) (A. ampeloprasum Great Headed Garlic Group) ...... 3-07A Garlic, Serpent, bulb (Allium sativum var. ophioscorodon or A. sativum Ophioscorodon Group) ...... 3-07A Kurrat (Allium kurrat Schweinf. Ex. K. Krause or A. ampeloprasum Kurrat Group) ...... 3-07B Lady’s leek (Allium cernuum Roth) ...... 3-07B Leek Allium porrum L. (syn: A. ampeloprasum L. var. porrum (L.) J. Gay) (A.ampeloprasum Leek Group) ...... 3-07B Leek, wild (Allium tricoccum Aiton) ...... 3-07B Lily, bulb (Lilium spp. (Lilium Leichtlinii var. maximowiczii, Lilium lancifolium)) ...... 3-07A Onion, Beltsville bunching (Allium x proliferum (Moench) Schrad.) (syn: Allium fistulosum L. x A. cepa L.) ...... 3-07B Onion, bulb (Allium cepa L. var.cepa) (A. cepa Common Onion Group) ...... 3-07A Onion, Chinese, bulb (Allium chinense G. Don.) (syn: A. bakeri Regel) ...... 3-07A Onion, fresh (Allium fistulosum L. var. caespitosum Makino) ...... 3-07B Onion, green (Allium cepa L. var. cepa) (A. cepa Common Onion Group) ...... 3-07B Onion, macrostem (Allium macrostemom Bunge) ...... 3-07B Onion, pearl (Allium porrum var. sectivum or A. ampeloprasum Pearl Onion Group) ...... 3-07A Onion, potato, bulb (Allium cepa L. var. aggregatum G. Don.) (A. cepa Aggregatum Group) ...... 3-07A Onion, tree, tops (Allium x proliferum (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.) ...... 3-07B Onion, Welsh, tops (Allium fistulosum L.) ...... 3-07B Shallot, bulb (Allium cepa var. aggregatum G. Don.) ...... 3-07A Shallot, fresh leaves (Allium cepa var. aggregatum G. Don.) ...... 3-07B Cultivars, varieties, and/or hybrids of these......

(iii) Table. The following Table 2 Group 3-07, specifies the representative all the commodities included in each identifies the crop subgroups for Crop commodities for each subgroup and lists subgroup.

TABLE 2.—CROP GROUP 3-07: SUBGROUP LISTING

Representative commodities Commodities

Crop subgroup 3-07A. Onion, bulb, subgroup. Daylily, bulb; fritillaria, bulb; garlic, bulb; garlic, great-headed, bulb; garlic, serpent, bulb; lily, Onion, bulb...... bulb; onion, bulb; onion, Chinese, bulb; onion, pearl; onion, potato, bulb; shallot, bulb; cultivars, varieties, and/or hybrids of these. Crop subgroup 3-07B. Onion, green, subgroup. Chive, fresh leaves; chive, Chinese, fresh leaves; elegans hosta; fritillaria, leaves; kurrat; Onion, green...... lady’s leek; leek; leek, wild; Onion, Beltsville bunching; onion, fresh; onion, green; onion, macrostem; onion, tree, tops; onion, Welsh, tops; shallot, fresh leaves; cultivars, varieties, and/or hybrids of these.

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* * * * * § 180.41 Crop group tables. mulberry; grape; fuzzy kiwifruit, and I 6. Section 180.41 is further amended * * * * * strawberry. by redesignating newly designated (c) * * * (ii) Table. The following Table 1 lists paragraphs (c)(15) through (c)(20) as (15) Crop Group 13-07. Berry and all the commodities listed in Crop paragraphs (c)(16) through (c)(21), Small Fruit Crop Group Group 13-07 and identifies the related respectively, and by adding a new (i) Representative commodities. Any crop subgroups. paragraph (c)(15) and paragraph (c)(22) one blackberry or any one raspberry; to read as follows: highbush blueberry; elderberry or

TABLE 1.—CROP GROUP 13-07: BERRY AND SMALL FRUIT CROP GROUP

Commodities Related crop subgroups

Amur river grape (Vitis amurensis Rupr) ...... 13-07D, 13-07E, 13-07F Aronia berry (Aronia spp.) ...... 13-07B Bayberry (Myrica spp.) ...... 13-07C Bearberry (Arctostaphylos uva-ursi) ...... 13-07G, 13-07H Bilberry (Vaccinium myrtillus L.) ...... 13-07G, 13-07H Blackberry (Rubus spp.) (including Andean 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, varieties and/or hybrids of these...... 13-07A Blueberry, highbush (Vaccinium spp.) ...... 13-07B Blueberry, lowbush (Vaccinium angustifolium Aiton) ...... 13-07B Buffalo currant (Ribes aureum Pursh) ...... 13-07B Buffaloberry (Shepherdia argentea (Pursh) Nutt.) ...... 13-07C Che (Cudrania tricuspidata Bur. Ex Lavallee) ...... 13-07C Chilean guava (Myrtus ugni Mol.) ...... 13-07B Chokecherry (Prunus virginiana L.) ...... 13-07C Cloudberry (Rubus chamaemorus L.) ...... 13-07G, 13-07H Cranberry (Vaccinium macrocarpon Aiton) ...... 13-07G, 13-07H Currant, black (Ribes nigrum L.) ...... 13-07B Currant, red (Ribes rubrum L.) ...... 13-07B Elderberry (Sambucus spp.) ...... 13-07B, 13-07C European barberry (Berberis vulgaris L.) ...... 13-07B Gooseberry (Ribes spp.) ...... 13-07B, 13-07D Grape (Vitis spp.) ...... 13-07D, 13-07F Highbush cranberry (Viburnum opulus L. var. Americanum Aiton) ...... 13-07B Honeysuckle, edible (Lonicera caerula L. var. emphyllocalyx Nakai, Lonicera caerula L var . edulis Turcz. ex herder) .. 13-07B Huckleberry (Gaylussacia spp.) ...... 13-07B Jostaberry (Ribes x nidigrolaria Rud. Bauer and A. Bauer) ...... 13-07B Juneberry (Saskatoon berry) (Amelanchier spp.) ...... 13-07B, 13-07C Kiwifruit, fuzzy (Actinidia deliciosa A. Chev.) (C.F. Liang and A.R. Fergusons, Actinida chinensis Planch.) ...... 13-07D, 13-07E Kiwifruit, hardy (Actinidia arguta (Siebold and Zucc.) Planch. ex Miq) ...... 13-07D, 13-07E, 13-07F Lingonberry (Vaccinium vitis-idaea L.) ...... 13-07B, 13-07G 13-07H Maypop (Passiflora incarnata L.) ...... 13-07E, 13-07F Mountain pepper berries (Tasmannia lanceolata)(Poir.) A.C.Sm...... 13-07C Mulberry (Morus spp.) ...... 13-07C Muntries (Kunzea pomifera F. Muell.) ...... 13-07G, 13-07H Native currant (Acrotriche depressa R. BR.) ...... 13-07B Partridgeberry (Mitchella repens L.) ...... 13-07G, 13-07H Phalsa (Grewia subinaequalis DC.) ...... 13-07C Pincherry (Prunus pensylvanica L.f.) ...... 13-07C Raspberry, black and red (Rubus spp.) ...... 13-07A Riberry (Syzygium luehmannii) ...... 13-07C Salal (Gaultheria shallon Pursh.) ...... 13-07B, 13-07C Schisandra berry (Schisandra chinensis (Turcz.) Baill.) ...... 13-07D, 13-07E, 13-07F Sea buckthorn (Hippophae rhamnoides L.) ...... 13-07B Serviceberry (Sorbus spp.) ...... 13-07C Strawberry (Fragaria x ananassa Duchesne) ...... 13-07G Wild raspberry (Rubus muelleri Lefevre ex P.J. Mull) ...... 13-07A Cultivars, varieties, and/or hybrids of these......

(iii) Table. The following Table 2 Group 13-07, specifies the subgroup and lists all the commodities identifies the crop subgroups for Crop representative commodities for each included in each subgroup.

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TABLE 2.—CROP GROUP 13-07: SUBGROUP LISTING

Representative commodities Commodities

Crop Subgroup 13-07A. Caneberry subgroup Any one blackberry or any one raspberry...... Blackberry; loganberry; raspberry, red and black; wild raspberry; cultivars, varieties, and/or hybrids of these. Crop Subgroup 13-07B. Bushberry subgroup. Blueberry, highbush...... Aronia berry; blueberry, highbush; blueberry, lowbush; buffalo currant; Chilean guava; currant, black; currant, red; elderberry; European, barberry; gooseberry; cranberry, highbush; honeysuckle, edible; huckleberry; jostaberry; Juneberry; lingonberry; native currant; salal; sea buckthorn; cultivars, varieties, and/or hybrids of these. Crop Subgroup 13-07C. Large shrub/tree berry subgroup. Elderberry or mulberry...... Bayberry; buffaloberry; che; chokecherry; elderberry; Juneberry; mountain pepper berries; mulberry; phalsa; pincherry; riberry; salal; serviceberry; cultivars, varieties, and/or hybrids of these. Crop Subgroup 13-07D. Small fruit vine climbing subgroup. Grape and fuzzy kiwifruit...... Amur river grape; gooseberry; grape; kiwifruit, fuzzy; kiwifruit, hardy; Maypop; schisandra berry; cultivars, varieties, and /or hybrids of these. Crop Subgroup 13-07E. Small fruit vine climbing subgroup, except grape. Fuzzy kiwifruit...... Amur river grape; gooseberry; kiwifruit, fuzzy; kiwifruit, hardy; Maypop; schisandra berry; cultivars, varieties, and/or hybrids of these. Crop Subgroup 13-07F. Small fruit vine climbing subgroup except fuzzy kiwifruit. Grape...... Amur river grape; gooseberry; grape; kiwifruit, hardy; Maypop; schisandra berry; cultivars varieties, and/or hybrids of these. Crop Subgroup 13-07G. Low growing berry subgroup. Strawberry...... Bearberry; bilberry; blueberry, lowbush; cloudberry; cranberry; lingonberry; muntries; partridgeberry; strawberry; cultivars, varieties, and/or hybrids of these. Crop Subgroup 13-07H. Low growing berry subgroup, except strawberry. Cranberry ...... Bearberry; bilberry; blueberry, lowbush; cloudberry; cranberry; lingonberry; muntries; partridgeberry; cultivars, varieties, and/or cultivars of these.

* * * * * CROP GROUP 21: EDIBLE FUNGI [FR Doc. E7–23659 Filed 12–6–07; 8:45 am] (22) Crop Group 21. Edible fungi GROUP—COMMODITIES BILLING CODE 6560–50–S Group. Blewitt, Lepista nuda (Tricholomataceae) (i) Representative commodities. White Bunashimeji, Hypsizygus marrmoreus (Agaricaceae) button mushroom and any one oyster DEPARTMENT OF DEFENSE Chinese mushroom, Volvariella volvacea mushroom or any Shiitake mushroom. (Bull.) Singer (Pluteaceae) Defense Acquisition Regulations (ii) Table. The following is a list of all Enoki, Flammulina velutipes (Curt.) Singer System the commodities in Crop Group 21. (Tricholomataceae) There are no related subgroups. Hime-Matsutake, Agaricus blazei Murill (Agaricaeae) 48 CFR Part 216 Hirmeola, Auricularia auricular (Auricularicaceae) Defense Federal Acquisition Maitake, Grifola frondosa (Polyporaceae) Regulation Supplement; Technical Morel, Morchella spp. (Morchellaceae) Amendment Nameko, Pholiota nameko, (Strophariaceae) AGENCY: Defense Acquisition Net Bearing Dictyophora, Dictyophora Regulations System, Department of indusiata (Phallaceae) Oyster mushroom, Pleurotus spp. Defense (DoD). (Tricholomataceae) ACTION: Final rule. Pom Pom, Hericium erinaceus (Hydnaceae) Reishi mushroom, Ganoderma lucidum SUMMARY: DoD is making a technical (Leyss. Fr.) Karst. (Ganodermataceae) amendment to the Defense Federal Rodman’s agaricus, Agaricus bitorquis Acquisition Regulation Supplement (Quel.) Saccardo (Agaricaceae) (DFARS) to update a cross-reference Shiitake mushroom, Lentinula edodes (Berk.) within the DFARS text. Pegl. (Polyporaceae) DATES: Effective Date: December 7, 2007. Shimeji, Tricholoma conglobatum, (Tricholomataceae) FOR FURTHER INFORMATION CONTACT: Ms. Stropharia, Stropharia spp. (Strophariaceae) Michele Peterson, Defense Acquisition Truffle, Tuber spp. (Tuberaceae) Regulations System, OUSD (AT&L) White button mushroom, Agaricus bisporous DPAP (DARS), IMD 3D139, 3062 (Lange) Imbach (Agaricaceae) Defense Pentagon, Washington, DC White Jelly Fungi, Tremella fuciformis 20301–3062. Telephone 703–602–0311; (Tremellaceae) facsimile 703–602–7887.

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