Federal Register/Vol. 75, No. 3/Wednesday, January 6, 2010

Home , Solanum macrocarpon, Triadica sebifera

Federal Register / Vol. 75, No. 3 / Wednesday, January 6, 2010 / Proposed Rules 807

PART 147—SAFETY ZONES § 147.T17.001 Safety Zone; FRONTIER October 31, 2010. The DRILLSHIP will DISCOVERER, Outer Continental Shelf be anchored while conducting 1. The authority citation for part 147 Drillship, Chukchi and Beaufort Sea, exploratory drilling operations with the continues to read as follows: Alaska. center point of the vessel located at the Authority: 14 U.S.C. 85; 43 U.S.C. 1333; (a) Description. The FRONTIER coordinates listed in Table 1. These Department of Homeland Security Delegation DISCOVERER will be engaged in coordinates are based upon [NAD 83] No. 0170.1. exploratory drilling operations at UTM Zone 3. 2. Add § 147.T17–001 to read as various locations in the Chukchi and follows: Beaufort Sea from July 1, 2010 through

TABLE 1—PROSPECT LOCATIONS

Prospect Area Block Lease No. Latitude Longitude

Burger ...... Posey ...... 6764 OCS–Y–2280 ...... N71°18′17.2739″ W163°12′45.9891″ Burger ...... Posey ...... 6714 OCS–Y–2267 ...... N71°20′13.9640″ W163°12′21.7460″ Burger ...... Posey ...... 6912 OCS–Y–2321 ...... N71°10′24.0292″ W163°28′18.5219″ Crackerjack ...... Karo ...... 6864 OCS–Y–2111 ...... N71°13′58.9211″ W166°14′10.7889″ SW Shoebill ...... Karo ...... 7007 OCS–Y–2142 ...... N71°04′24.4163″ W167°13′38.0886″ Sivulliq ...... Flaxman Is ...... 6658 OCS–Y–1805 ...... N70°23′29.5814″ W145°58′52.5284″ Torpedo ...... Flaxman Is ...... 6610 OCS–Y–1941 ...... N70°27′01.6193″ W145°49′32.0650″

The area within 500 meters (1,640.4 these revisions to promote greater use of www.regulations.gov, including any feet) from each point on the outer edge crop groupings for tolerance-setting personal information provided, unless of the vessel while anchored on location purposes and, in particular, will assist the comment includes information is a safety zone. in making available lower risk claimed to be Confidential Business (b) Regulation. No vessel may enter or pesticides for minor crops both Information (CBI) or other information remain in this safety zone except the domestically and in countries that whose disclosure is restricted by statute. following: export food to the United States. This is Do not submit information that you (1) An attending vessel; or the second in a series of planned crop consider to be CBI or otherwise (2) A vessel authorized by the group updates expected to be proposed protected through regulations.gov or e- Commander, Seventeenth Coast Guard over the next several years. EPA is also mail. The regulations.gov website is an District. proposing to delete 40 CFR 180.1(h) ‘‘anonymous access’’ system, which Dated: December 17, 2009. which addresses when tolerances apply means EPA will not know your identity C.C. Colvin, to post-harvest uses. or contact information unless you provide it in the body of your comment. Rear Admiral, U.S. Coast Guard, Commander, DATES: Comments must be received on Seventeenth Coast Guard District. or before March 8, 2010. If you send an e-mail comment directly to EPA without going through [FR Doc. E9–31351 Filed 1–5–10; 8:45 am] ADDRESSES: Submit your comments, regulations.gov, your e-mail address BILLING CODE 9110–04–P identified by docket identification (ID) number EPA–HQ–OPP–2006–0766, by will be automatically captured and one of the following methods: included as part of the comment that is • Federal eRulemaking Portal: http:// placed in the docket and made available ENVIRONMENTAL PROTECTION www.regulations.gov. Follow the on-line on the Internet. If you submit an AGENCY instructions for submitting comments. electronic comment, EPA recommends • that you include your name and other 40 CFR Part 180 Mail: Office of Pesticide Programs (OPP) Regulatory Public Docket (7502P), contact information in the body of your [EPA–HQ–OPP–2006–0766; FRL–8801–2] Environmental Protection Agency, 1200 comment and with any disk or CD-ROM Pennsylvania Ave., NW., Washington, you submit. If EPA cannot read your RIN 2070–AJ28 DC 20460–0001. comment due to technical difficulties • and cannot contact you for clarification, Pesticide Tolerance Crop Grouping Delivery: OPP Regulatory Public EPA may not be able to consider your Program II; Revision to General Docket (7502P), Environmental comment. Electronic files should avoid Tolerance Regulations Protection Agency, Rm. S–4400, One Potomac Yard (South Bldg.), 2777 S. the use of special characters, any form AGENCY: Environmental Protection Crystal Dr., Arlington, VA. Deliveries of encryption, and be free of any defects Agency (EPA). are only accepted during the Docket or viruses. ACTION: Proposed rule. Facility’s normal hours of operation Docket: All documents in the docket (8:30 a.m. to 4 p.m., Monday through are listed in the docket index available SUMMARY: EPA is proposing revisions to Friday, excluding legal holidays). at http://www.regulations.gov. Although its pesticide tolerance crop grouping Special arrangements should be made listed in the index, some information is regulations, which allow establishment for deliveries of boxed information. The not publicly available, e.g., CBI or other of tolerances for multiple related crops, Docket Facility telephone number is information whose disclosure is based on data from a representative set (703) 305–5805. restricted by statute. Certain other of crops. The present revision would Instructions: Direct your comments to material, such as copyrighted material, create a new crop group for oilseeds, docket ID number EPA–HQ–OPP–2006- is not placed on the Internet and will be expand existing crop groups by adding 0766. EPA’s policy is that all comments publicly available only in hard copy new commodities, establish new crop received will be included in the docket form. Publicly available docket subgroups, and revise the representative without change and may be made materials are available either in the crops in some groups. EPA expects available on-line at http:// electronic docket at http://

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www.regulations.gov, or, if only you mail to EPA, mark the outside of the be established that applies to a group of available in hard copy, at the OPP disk or CD-ROM as CBI and then related commodities. For example, the Regulatory Public Docket in Rm. S– identify electronically within the disk or citrus crop group covers 11 different 4400, One Potomac Yard (South Bldg.), CD-ROM the specific information that is citrus fruits including oranges, 2777 S. Crystal Dr., Arlington, VA. The claimed as CBI. In addition to one grapefruit, lemons, and limes among hours of operation of this Docket complete version of the comment that others. Crop group tolerances may be Facility are from 8:30 a.m. to 4 p.m., includes information claimed as CBI, a established based on residue data only Monday through Friday, excluding legal copy of the comment that does not on designated representative holidays. The Docket Facility telephone contain the information claimed as CBI commodities within the group. number is (703) 305–5805. must be submitted for inclusion in the Representative commodities are selected FOR FURTHER INFORMATION CONTACT: public docket. Information so marked based on EPA’s determination that they Rame´ Cromwell, Field and External will not be disclosed except in are likely to bear the maximum level of Affairs Division, Office of Pesticide accordance with procedures set forth in residue that could occur on any crop Programs, Environmental Protection 40 CFR part 2. within the group. Once the group Agency, 1200 Pennsylvania Ave., NW., 2. Tips for preparing your comments. tolerance is established, the tolerance Washington, DC 20460–0001; telephone When submitting comments, remember level applies to all agricultural number: (703) 308-9068; fax number: to: commodities within the group. It is also (703) 305-5884; e-mail address: i. Identify the document by docket ID possible to request a crop group [email protected]. number and other identifying tolerance with a particular member of information (subject heading, Federal the crop excluded. An example of SUPPLEMENTARY INFORMATION: Register date and page number). exclusion to a crop group would be a I. General Information ii. Follow directions. The Agency may tolerance for the Stone Fruit group 12, ask you to respond to specific questions except peach. In this crop group, A. Does this Action Apply to Me? or organize comments by referencing a residue data for cherry and plum are You may be potentially affected by Code of Federal Regulations (CFR) part used to establish a group tolerance for this action if you are an agricultural or section number. the stone fruit group, except peach. producer, food manufacturer. iii. Explain why you agree or disagree; Exclusions are requested when Potentially affected entities may suggest alternatives and substitute variations in residue levels within a include, but are not limited to: Crop language for your requested changes. group for a particular pesticide make a production (NAICS code 111), e.g., iv. Describe any assumptions and crop group tolerance otherwise agricultural workers; greenhouse, provide any technical information and/ inappropriate. See 40 CFR 180.40(h). nursery, and floriculture workers; or data that you used. This proposed rule is the second in a farmers. v. If you estimate potential costs or series of planned crop group revisions Animal production (NAICS code 112), burdens, explain how you arrived at expected to be completed over the next e.g., cattle ranchers and farmers, dairy your estimate in sufficient detail to several years. Specific information cattle farmers, livestock farmers. allow for it to be reproduced. regarding the history of the crop group Food manufacturing (NAICS code vi. Provide specific examples to regulations, the previous amendments 311), e.g., agricultural workers; farmers; illustrate your concerns and suggest to the regulations and the process for greenhouse, nursery, and floriculture alternatives. revising crop groups can be found in the workers; ranchers; pesticide applicators. vii. Explain your views as clearly as Federal Register of December 7, 2007 Pesticide manufacturing (NAICS code possible, avoiding the use of profanity (72 FR 69150). Specific information 32532), e.g., agricultural workers; or personal threats. regarding how the Agency implements commercial applicators; farmers; viii. Make sure to submit your crop group revisions can be found in the greenhouse, nursery, and floriculture comments by the comment period 40 CFR 180.40(j). workers; residential users. deadline identified. Today’s proposal is based upon four This listing is not intended to be petitions developed by the International exhaustive, but rather provides a guide II. Background Crop Groupings Consulting Committee for readers regarding entities likely to be A. Tolerance-Setting Requirements and (ICGCC) workgroup and submitted to affected by this action. Other types of Petition from Inter-regional Research EPA by a nation-wide cooperative effort entities not listed in this unit could also Project Number 4 Program to Expand called the Inter-regional Research be affected. The North American the Existing Crop Grouping System Project Number 4 (IR-4). These petitions Industrial Classification System and the monographs supporting them (NAICS) codes have been provided to EPA is authorized to establish have been included in the docket for the assist you and others in determining maximum residue limits or ‘‘tolerances’’ proposed rule. EPA expects that a series whether this action might apply to for pesticide chemical residues in food of additional petitions seeking certain entities. If you have any under section 408 of the Federal Food, amendments and changes to the crop questions regarding the applicability of Drug and Cosmetic Act (FFDCA) (21 groupings regulations (40 CFR 180.41) this action to a particular entity, consult U.S.C. 346a). EPA establishes pesticide will originate from the ICGCC the person listed under FOR FURTHER tolerances only after determining that workgroup over the next few years. INFORMATION CONTACT. aggregate exposure to the pesticide is safe. The U.S. Food and Drug B. International Considerations B. What Should I Consider as I Prepare Administration and the U.S. Department 1. NAFTA partner involvement in this My Comments for EPA? of Agriculture together enforce proposal. EPA’s Chemistry Science 1. Submitting CBI. Do not submit this compliance with tolerance limits. Advisory Council (ChemSAC), an information to EPA through Traditionally, tolerances are internal Agency peer review committee, regulations.gov or e-mail. Clearly mark established for a specific pesticide/ provided a detailed analysis for each the part or all of the information that commodity combination. However, proposed crop group to Canada’s Pest you claim to be CBI. For CBI under EPA’s crop grouping regulation Management Regulatory Agency information in a disk or CD-ROM that (40 CFR 180.41) a single tolerance may (PMRA), IR-4, and the government of

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Mexico for their review and comment group will retain roughly the same name parenthetical has not been used for and invited these parties to participate and number as the pre-existing group establishing tolerances for this fruiting in the ChemSAC meeting to finalize the except that the number will be followed vegetables group since 2002, and recommendation of the petitions. PMRA by a hyphen and the final two digits of cucurbits have their own crop group has indicated that it will in parallel with the year it is established. Where specifically labeled the ‘‘Crop Group 9: the United States (U.S.) effort and under additions to a crop group make the pre- Cucurbits Vegetable Group,’’ 40 CFR the authority of Canada’s Pest Control existing crop group name misleading, 180.41(c)(10). Products (PCP) Act (2002) establish EPA will amend the name as well as the 2. Add commodities. EPA proposes to equivalent crop groups. Once the new or number. For example, today EPA is amend the existing Crop Group 8 by updated crop groups become effective in proposing to revise Crop Group 8: expanding it from 6 to 21 commodities. the United States, Mexico will have Fruiting Vegetables Group (Except The existing crop group consists of the them as a reference for the Cucurbits). The revised group will be following six commodities: (1) Eggplant, establishment of maximum residue titled Crop Group 8-09: Fruiting Solanum melongena; (2) Ground cherry, limits in Mexico. Vegetable Group. Physalis spp.; (3) Pepino, Solanum EPA will provide a ‘‘reviewer’s guide’’ Tolerances established for revised muricatum; (4) Pepper, Capsicum spp., describing the crop grouping crop groups will include the new includes bell pepper, chili pepper, amendments and explaining how to number (and new name, if applicable) cooking pepper, pimento, sweet pepper; express the changes to the crop group in so that it is apparent on the face of the (5) Tomatillo, Physalis ixocarpo; (6) the Federal Register to IR-4 and PMRA tolerance regulation what commodities Tomato, Lycopersicum esculentum. in support of implementation and to are covered. Similarly, it will be clear EPA proposes to expand Crop Group inform the regulatory community. what tolerances for pre-existing crop 8-09 to include 15 commodities as 2. Relationship of this proposal to groups are covered since these existing follows: (1) African eggplant, Solanum Codex activities. The delegations of the tolerance regulations use the pre- macrocarpon L.; (2) Bush tomato, United States and Canada to the Codex existing crop group names. Solanum centrale J.M. Black; (3) Committee on Pesticide Residues Although EPA will initially retain Cocona, Solanum sessiliflorum Dunal; (CCPR) continued efforts in 2009 to pre-existing crop groups that have been (4) Currant tomato, Lycopersicon harmonize the NAFTA crop groups and superseded by revised crop groups, EPA pimpinellifolium (L.) Mill.; (5) Garden representative commodities with those will not establish new tolerances under huckleberry, Solanum scabrum Mill.; being developed by Codex as part of the pre-existing groups. Further, EPA (6) Goji berry, Lycium barbarum L.; (7) their revision of the Codex plans to eventually convert tolerances Martynia, Proboscidea louisianica Classification of Foods and Feeds. for any pre-existing crop groups to (Mill.) Thell.; (8) Naranjilla, Solanum Canada, the United States, and IR-4 are tolerances with the coverage of the quitoense Lam.; (9) Okra, Abelmoschus working closely with the chair of the revised crop group. This conversion will esculentus (L.) Moench; (10) Pea Codex group (Netherlands and the be effected both through the registration eggplant, Solanum torvum Sw.; (11) United States) to coordinate the U.S. review process and in the course of Pepper, nonbell, Capsicum Chinese crop group revisions with the revised establishing new tolerances for a Jacq., C. annuum L. var. annuum , C. crop groups going into Codex. The goals pesticide. To this end, EPA requests that frutescens L., C. baccatum L., C. are to expand the crops in each group petitioners for tolerances address this pubescens Ruiz & Pav., Capsicum spp.; to include numerous minor crops, to issue in their petitions. For example, (12) Roselle, Hibiscus sabdariffa L.; (13) minimize differences within and among assuming EPA adopts the amendment to Scarlet eggplant, Solanum aethiopicum the United States and Codex groups, Crop Group 8: Fruiting Vegetables L.; (14) Sunberry, Solanum retroflexum and to develop representative (Except Cucurbits.), any tolerance Dunal; (15) Tree tomato, Solanum commodities for each group that will be petition for a pesticide that has a Group betaceum Cav.; including cultivars, acceptable on an international basis. To 8 tolerance should include a request varieties and/or hybrids of these date, CCPR has advanced eight crop that the Group 8 tolerance be amended commodities. groups in the adoption process. to a Group 8-09 tolerance, since the Commodities are being added to this C. Specific Revisions—Phasing out Pre- representative commodities are crop group based on similarities and existing Crop Groups equivalent. When all crop group characteristics of Solanaceae or the tolerances for a superseded crop group This section explains the revisions to Nightshade plant family which includes have been revised or removed, EPA will the crop group regulations in the first most of the fruiting vegetable group. remove the superseded group from final rule dated December 7, 2007 (72 These added crops have similar cultural § 180.41. FR 69150) and should be used for practices, edible food portions, guidance. III. Specific Proposed Revisions geographical locations, pest problems, EPA has amended the generic crop established tolerances and similar group regulations to include an explicit A. Crop Group 8-09 Fruiting Vegetables exposure to residue levels. scheme for how revised crop groups Group Additionally, increased demand for will be organized in the regulations. EPA is proposing to revise the fruiting these fruiting vegetables by U.S. growers In brief, the regulations now specify vegetables crop group in the following and consumers has led to increased that when a crop group is amended in manner. production of these commodities in the a manner that expands or contracts its 1. Change name. EPA proposes to United States and this increased coverage of commodities, EPA will: (1) change the pre-existing name Crop production has led to heightened Retain the pre-existing crop group in 40 Group 8, Fruiting Vegetables (Except demand for pesticides for a wide range CFR 180.41; (2) insert the revised crop Cucurbits) by dropping the of fruiting vegetables. Expanding the group immediately after the pre-existing parenthetical ‘‘(Except Cucurbits).’’ The crop group will facilitate pesticide crop group in 40 CFR 180.41; and (3) term ‘‘Except Cucurbits’’ is not availability for fruiting vegetables. title the revised crop group in a way that necessary in the group name because Increasing the variety of available clearly differentiates it from the pre- cucurbits are not included in the listed pesticides for a crop enables U.S. existing crop group. The revised crop commodities for the group; this growers to develop integrated pest

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management programs (IPM), which can B. Crop Group 10-09 Citrus Fruit Group 3. Create new subgroups. EPA minimize pest resistance. EPA is proposing to revise and proposes to add three new subgroups to 3. Change the names of representative expand the citrus crop group. EPA will revised Crop Group 10-09 as follows: i. Orange Subgroup 10-09A. commodities. EPA proposes to change retain pre-existing Crop Group 10 and Representative commodities. Orange or the name of the representative title the revised group as Crop Group Tangerine/Mandarin. Twelve commodity for the crop group ‘‘one 10-09. cultivar of non-bell pepper’’ by deleting 1. Add commodities. Crop Group 10 commodities are included in this subgroup: Calamondin; Citron; Citrus the hyphen from the term non-bell currently contains the following 12 hybrids; Mediterranean Mandarin; pepper. This change merely adopts commodities: (1) Calamondin, Citrus Orange, sour; Orange, sweet; Satsuma current commodity vocabulary mitis x Citrofortunella mitis; (2) Citrus mandarin; Tachibana orange; Tangelo; designations. citron, Citrus medica; (3) Citrus hybrids, Tangerine (Mandarin); Tangor; Trifoliate 4. Create crop subgroups. EPA Citrus spp. includes chironja, tangelo, orange; including cultivars, varieties tangor; (4) Grapefruit, Citrus paradisi; proposes to add three crop subgroups to and/or hybrids of these. the revised crop group. The subgroups (5) Kumquat, Fortunella spp.; (6) ii. Lemon/Lime Subgroup 10-09B. are: Lemon, Citrus jambhiri, Citrus limon; Representative commodities. Lemon or i. Subgroup 8-09A. Tomato subgroup. (7) Lime, Citrus aurantiifolia; (8) Lime. Twelve commodities are included Representative commodity. Tomato, Mandarin (tangerine), Citrus reticulata; in this subgroup: Australian desert lime; standard size and one cultivar of small (9) Orange, sour, Citrus aurantium; (10) Australian finger lime; Australian round tomato. Eleven commodities are Orange, sweet, Citrus sinensis; (11) lime; Brown River finger lime; included in this subgroup: Bush tomato; Pummelo, Citrus grandis, Citrus Kumquat; Lemon; Lime; Mount White Cocona; Currant tomato; Garden maxima; (12) Satsuma mandarin, Citrus lime; New Guinea wild lime; Russell huckleberry; Goji berry; Groundcherry; unshiu. River lime; Sweet lime; Tahiti Lime; Naranjilla; Sunberry; Tomatillo; EPA proposes to expand Crop Group including cultivars, varieties and/or Tomato; Tree tomato; including 10-09 to include 16 commodities as hybrids of these. cultivars, varieties and/or hybrids of follows: (1) Australian desert lime, iii. Grapefruit Subgroup 10-09C. these commodities. Eremocitrus glauca (Lindl.) Swingle; (2) Representative commodity. Grapefruit. ii. Subgroup 8-09B. Pepper/Eggplant Australian finger lime, Microcitrus Five commodities are included in this subgroup. Representative commodities. australasica (F. Muell.) Swingle; (3) subgroup: Grapefruit; Japanese summer Bell pepper and one cultivar of nonbell Australian round lime, Microcitrus grapefruit; Pummelo; Tangelo; Uniq pepper. Ten commodities are included australis (A. Cunn. ex Mudie) Swingle; fruit; including cultivars, varieties and/ in this subgroup: African eggplant; Bell (4) Brown River finger lime, Microcitrus or hybrids of these. pepper; Eggplant; Martynia; Nonbell papuana Winters; (5) Japanese summer The creation of these subgroups and pepper; Okra; Pea eggplant; Pepino; grapefruit, Citrus natsudaidai Hayata; the choice of representative Roselle; Scarlet eggplant; including (6) Mediterranean Mandarin, Citrus commodities for these subgroups are cultivars, varieties and/or hybrids of deliciosa Ten; (7) Mount White lime, based on similarities in pest pressures, these commodities. Microcitrus garrowayae (F. M. Bailey) cultural practices, the edible portion of Swingle; (8) New Guinea wild lime, iii. Subgroup 8-09C. Nonbell Pepper/ the commodity, and the geographic Microcitrus warburgiana (F. M. Bailey) locations where these crops are grown. Eggplant subgroup. Representative Tanaka; (9) Russell River lime, commodities. One cultivar of small EPA has also determined that residue Microcitrus inodora (F. M. Bailey) data on the designated representative nonbell pepper or one cultivar of small Swingle; (10) Sweet lime, Citrus limetta eggplant. Nine commodities are crops will provide adequate information Risso; (11) Tachibana orange, Citrus on residue levels in crops in the included in this subgroup: African tachibana (Makino) Tanaka; (12) Tahiti eggplant; Martynia; Eggplant; Nonbell subgroup. The subgroups provide Lime, Citrus latifolia (Yu. Tanaka) flexibility in the establishment of crop pepper; Okra; Pea eggplant; Pepino; Tanaka; (13) Tangerine (Mandarin), Roselle; Scarlet eggplant; including group tolerances which can be Citrus reticulata Blanco; (14) Tangor, important for international cultivars, varieties and/or hybrids of Citrus nobilis lour. (15) Trifoliate these commodities. harmonization. orange, Poncirus trifoliata (L.) Raf.; (16) 4. Revise the representative The creation of these subgroups and Uniq fruit, Citrus aurantium Tangelo commodities. EPA proposes to revise the choice of representative group; including cultivars, varieties the representative crops for Crop Group commodities for these subgroups are and/or hybrids of these. 10-09 as follows: ‘‘Sweet orange, lemon based on similarities in pest pressures, The proposed addition of crops to this and grapefruit’’ will be changed to cultural practices, and the edible crop group is based on similarities and ‘‘Orange or tangerine/mandarin, lemon portion of the commodity. EPA has also characteristics of the Rutaceae plant or lime and grapefruit.’’ This change determined that residue data on the family. These added crops are all citrus reflects the broader range of designated representative crops will fruits, have similar cultural practices, commodities in this group. provide adequate information on edible food portions, residue levels, residue levels in crops and subgroups. geographical locations, pest problems C. Crop Group 11-09: Pome Fruit Group Subgroups will provide flexibility in and established tolerances. EPA is proposing to revise and the establishment of crop group 2. Change the crop group name. EPA expand the pome fruit crop. EPA will tolerances which can be important for proposes to change the name of ‘‘Crop retain pre-existing Pome Fruit Crop international harmonization. Tomatoes Group 10: Citrus Fruits Group (Citrus Group 11 and title the revised group as and peppers are the most commonly spp., Fortunella spp.)’’ to ‘‘Crop Group Crop Group 11-09: Pome Fruit Group. grown fruiting vegetable in the world 10-09: Citrus Fruit Group’’. The name Add commodities. Crop Group 11 and are increasing in popularity. They change reflects the addition of the new currently contains the following seven are used in various ethnic cuisines and commodities to the group in that it commodities: (1) Apple, Malus per capita consumption has also includes commodities other than domestica Borkh; (2) Crabapple, Malus increased. Fortunella spp. spp.; (3) Loquat, Eriobotrya japonica

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(Thunb.) Lindl.; (4) Mayhaw, Crataegus Greene; (28) Sunflower, Helianthus on residue levels in crops and subgroup. spp.; (5) Pear, Pyrus communis L.; (6) annuus L.; (29) Sweet rocket, Hesperis The subgroups provide flexibility in the Pear, oriental, Pyrus communis L.; (7) matronalis L.; (30) Tallowwood, establishment of crop group tolerances Quince, Cydonia oblonga Mill.; Ximenia americana L.; (31) Tea oil which can be important for EPA proposes to expand Crop Group plant, Camellia oleifera C. Abel; (32) international harmonization. 11 to include five commodities as Vernonia, Vernonia galamensis (Cass.) follows: (1) Azarole, Crataegus azarolus Less. The representative commodities E. Amendment to Definitions and L.; (2) Medlar, Mespilus germanica L.; proposed for this group are cottonseed, Interpretations (4) Pear, Asian, Pyrus pyrifolia (Burm f.) rapeseed (canola varieties only), and EPA proposes to revise the Nakai var. culta (Makino) Nakai; (5) sunflower. commodity definition in 40 CFR Tejocote, Crataegus mexicana DC; Oilseed Crop Group 20 is proposed 180.1(g) for Citrus Group as follows: including varieties, cultivars and/or based on similarities in cultural Tangerines = Tangerine (mandarin or hybrids of these. practices, edible food portions, livestock mandarin orange), Clementine, The proposed addition of crops to this feed items, residue levels, geographical Mediterranean mandarin, Satsuma mandarin, crop group is based on similarities and locations, and pest problems. The Tangelo, Tangor, cultivars and varieties. characteristics of the Pome Fruit Crop Oilseed crop group should facilitate the Group 11 as well as a comparison of approval in the United States of F. Amendment to 40 CFR 180.1(h) pome fruits, their cultural practices, additional pesticides for these crops and EPA proposes to delete 40 CFR edible food portions, residue levels, both domestic and foreign tolerances, 180.1(h) that reads: ‘‘Unless otherwise geographical locations, pest problems, increasing opportunities for producers specified, tolerances and exemptions and established tolerances. to grow new high value alternative established under the regulations in this D. New Crop Group 20 Oilseed Group minor crops, including potential biofuel part apply to residues from only crops. The proposed representative preharvest application of the chemical.’’ EPA proposes to add a new crop commodities were chosen based on the EPA is proposing to delete this group, entitled Oilseed Group as Crop scope of their production and economic provision for two reasons. First, EPA Group 20. Oilseed group will include importance as well as on the similarities believes that use information should those crops from which oil is extracted in cultural practices, pest problems, and generally be avoided in the tolerance from their seed and used to produce commercial production. These three listings because such information is edible or inedible oils as well high- representative commodities account for difficult to enforce and is more protein livestock meal. greater than 95% of the harvested acres completely addressed through other 1. Commodities in group and for the entire Oilseed crop group. means, such as pesticide labels. Second, representative commodities. EPA 2. Create crop subgroups. EPA removal of § 180.1(h) will not result in proposes to include 32 commodities in proposes to add three crop subgroups any increased exposure under existing Crop Group 20: (1) Borage, Borago for Crop Group 20. The subgroups are: tolerance due to expansion of post- officinalis L.; (2) Calendula, Calendula i. Rapeseed Subgroup 20A. harvest uses cannot be expanded absent officinalis L.; (3) Castor oil plant, Representative commodity: Rapeseed, pre-market approval by EPA under the Ricinus communis L.; (4) Chinese canola varieties only. The 17 Federal Insecticide, Fungicide, and tallowtree, Triadica sebifera (L.) Small; commodities proposed for inclusion in (5) Cottonseed, Gossypium spp.; (6) Rodenticide Act, 7 U.S.C. 136 et seq., this subgroup are: Borage; Crambe; and the FFDCA, as appropriate. Crambe, Crambe hispanica L., Crambe Cuphea; Echium; Flax seed; Gold of abyssinica Hochst. ex R.E. Fr.; (7) pleasure; Hare’s ear mustard; IV. Statutory and Executive Order Cuphea, Cuphea hyssopifolia Kunth; (8) Lesquerella; Lunaria; Meadowfoam; Reviews Echium, Echium plantagineum L.; (9) Milkweed; Mustard seed; Oil radish; A. Executive Order 12866 Euphorbia, Euphorbia esula L.; (10) Poppy seed; Rapeseed; Sesame; Sweet Evening primrose, Oenothera biennis L.; rocket. Under Executive Order 12866, (11) Flax seed, Linum usitatissimum L.; ii. Sunflower Subgroup 20B. entitled Regulatory Planning and (12) Gold of pleasure, Camelina sativa Representative commodity: Sunflower, Review (58 FR 51735, October 4, 1993), (L.) Crantz; (13) Hare’s ear mustard, seed. The 14 commodities proposed for the Office of Management and Budget Conringia orientalis (L.) Dumort.; (14) inclusion in this subgroup are: (OMB) has designated this proposed Jojoba, Simmondsia chinensis (Link) Calendula; Castor oil plant; Chinese rule as a not-significant regulatory C.K. Schneid.; (15) Lesquerella, tallowtree; Euphorbia; Evening action under section 3(f) of the Lesquerella recurvata (Engelm. ex A. primrose; Jojoba; Niger seed; Rose hip; Executive Order. Gray) S. Watson; (16) Lunaria, Lunaria Safflower; Stokes aster; Sunflower; This action is one in a series of annua L.; (17) Meadowfoam, Tallowwood; Tea oil plant; Vernonia. planned crop group updates. EPA Limnanthes alba Hartw. ex Benth.; (18) iii. Cottonseed Subgroup 20C. prepared an analysis of the potential Milkweed, Asclepias spp. L.; (19) Representative commodity: Cottonseed. costs and benefits related to its pesticide Mustard seed, Brassica hirta Moench, The one commodity proposed for tolerance crop grouping regulations for Sinapis alba L. subsp. alba; (20) Niger inclusion in this subgroup is: the first crop grouping final rule seed, Guizotia abyssinica (L.f.) Cass.; Cottonseed. published December 7, 2007 (72 FR (21) Oil radish, Raphanus sativus L. var. The creation of these subgroups and 69150). This analysis is contained in oleiformis Pers.; (22) Poppy seed, the choice of representative ‘‘Economic Analysis of the Expansion of Papaver somniferum L. subsp. commodities for these subgroups are the Crop Grouping Program.’’ A copy of somniferum; (23) Rapeseed, Brassica based on similarities in pest pressures, the analysis is available in the docket spp.; Brassica napus L.; (24) Rose hip, cultural practices, the edible portion of and is briefly summarized here. Rosa rubiginosa L.; (25) Safflower, the commodity, and the geographic This is a burden-reducing regulation. Carthamus tinctorious L.; (26) Sesame, locations where these crops are grown. Crop grouping has saved money by Sesamum indicum L.; Sesamum EPA has also determined that residue allowing the results of pesticide radiatum Schumach. & Thonn.; (27) data on the designated representative exposure studies for one crop to be Stokes aster, Stokesia laevis (Hill) crops will provide adequate information applied to other, similar crops. This

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action proposes to expand certain addition to those required on the small entities, small entity is defined as: existing crop groups and to add one new representative commodities (which did (1) A small business according to the crop group. Crop groupings will assist not change with the expansion of the small business size standards in making available lower risk group). Fewer field trials means a established by the Small Business pesticides for minor crops both greater likelihood that these Administration (SBA); (2) a small domestically and in countries that commodities will obtain tolerance governmental jurisdiction that is a export food to the U.S. Minor crop and coverage under the FFDCA, aiding government of a city, county, town, specialty crop producers will benefit growers, and the administrative costs of school district or special district with a because lower registration costs will both the IR-4 testing process and the population of less than 50,000; and (3) encourage pesticide manufacturers to EPA review process will be reduced. a small organization that is any not-for- register more pesticides for use on The benefits of the rule proposed profit enterprise which is independently minor and/or specialty crops, providing today can be shown through the owned andoperated and is not dominant these growers with additional lower-risk example of the impact of changes to in its field. pesticide options. The increased Crop Group 3 in a prior rulemaking (72 In determining whether a rule has a coverage of tolerances to imported FR 69150, December 7, 2007). That significant economic impact on a commodities may result in a larger rulemaking expanded Crop Group 3, substantial number of small entities, the supply of imported and domestically Bulb Vegetables from 7 to 25 crops, an impact of concern is any significant produced specialty produce at increase of 18 from the original crop adverse economic impact on small potentially lower costs and treated with group. Prior to the expansion of the entities, since the primarypurpose of the lower-risk pesticides which also benefit subgroup, adding tolerances for the 18 regulatory flexibility analyses is to consumers. EPA believes that data from new crops would have required 18 field identify and addressregulatory representative crops will not trials at a cost of approximately $5.4 alternatives ‘‘which minimize any underestimate the public exposure to million (assuming $300,000 per field significant economicimpact of the pesticide residues through the trial), whereas after promulgation of the proposed rule on small entities’’ (5 consumption of treated crops. EPA and expanded group these 18 new crops U.S.C. sections 603 and604). Thus, an the IR-4 Project, will more efficiently could obtain coverage under a Crop agency may certify that a rule will not use resources as a result of the rule. EPA Group 3 tolerance with no field trials in have a significant economic impact on will conserve resources if, as expected, addition to those required on the a substantial number of small entities if new or expanded crop groups result in representative commodities (which did the rule relieves a regulatory burden, or not change with the expansion of the fewer emergency pesticide use requests otherwise has positive economic effects group). Fewer field trials means a from specialty crop growers. Further, on all of the small entities subject to the greater likelihood that these new and expanded crop groups will rule. commodities will obtain tolerance likely reduce the number of separate This proposed rule provides risk assessments and tolerance coverage under the FFDCA, aiding growers, and the administrative costs of regulatory relief and regulatory rulemakings that EPA will have to flexibility. The new or expanded crop conduct. Further benefits come from both the IR-4 testing process and the EPA reviewprocess will be reduced. groups ease the process for pesticide international harmonization of crop manufacturers to obtain pesticide classification and nomenclature, B. Paperwork Reduction Act tolerances on greater numbers of crops. harmonized commodity import and This rule does not contain any new Pesticides will be more widely available export standards and increased information collection requirements that to growers for use on crops, particularly potential for resource sharing between would need approval by OMB under the specialty crops. EPA and pesticide regulatory agencies provisions of the Paper Reduction Act D. Unfunded Mandates Reform Act in other countries. Revisions to the crop (PRA), 44 U.S.C. 3501 et seq. However, grouping program will result in no the proposed rule, when adopted as a Under Title II of the Unfunded appreciable costs or negative impacts to final rule, is expected to reduce Mandates Reform Act of 1995 (UMRA) consumers, minor crop producers, mandatory paperwork due to a (Public Law 104–4), EPA has specialty crop producers, pesticide reduction in required studies. The final determined that this proposed rule does registrants, the environment, or human rule will have the effect of reducing the not contain a Federal mandate that may health. No crop group tolerance for a number of residue chemistry studies result in expenditures of $100 million or pesticide can be established unless EPA because fewer representative crops more for State, local, and tribal determines that it is safe. would need to be tested under a crop governments, in the aggregate,or the An example of the benefits of group grouping scheme, than would otherwise private sector in any 1 year. groupings can be shown through of the be required. Accordingly, this rule is not subject to impact of changes to Crop Group 3 in the requirements of sections 202, 203, a prior rulemaking (72 FR 69150, C. Regulatory Flexibility Act 204, and 205 of UMRA. December 7, 2007). That rulemaking Pursuant to section 605(b) of the E. Executive Order 13132 expanded Crop Group 3, Bulb Regulatory Flexibility Act (RFA), 5 Vegetables from 7 to 25 crops, an U.S.C. 601 et seq., the Agency hereby Pursuant to Executive Order 13132, increase of 18 from the original crop certifies that this proposed rule, when entitled Federalism (64 FR 43255, group. Prior to the expansion of the adopted as final, will not have a August 10, 1999), EPA has determined subgroup, adding tolerances for the 18 significant adverse economic impact on that this proposed rule does not have new crops would have required 18 field a substantial number of small entities. federalism implications, because it will trials at a cost of approximately $5.4 This proposed ruledoes not have any not have substantial direct effects on the million (assuming $300,000 per field direct adverse impacts on small states, on the relationship between the trial), whereas after promulgation of the businesses, small non-profit national government and the states, or expanded group these 18 new crops organizations, or small local on the distribution of power and could obtain coverage under a Crop governments. For purposes of assessing responsibilities among the various Group 3 tolerance with no field trials in the impacts of today’s proposed rule on levels of government, as specified in the

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Order. Thus, Executive Order 13132 I. National Technology Transfer and PART 180—[AMENDED] does not apply to this proposed rule. Advancement Act F. Executive Order 13175 1. The authority citation for part 180 Section 12(d) of the National would continue to read as follows: As required by Executive Order Technology Transfer and Advancement 13175, entitled Consultation and Act of 1995 (NTTAA), (15 U.S.C. 272 Authority: 21 U.S.C. 321(q). 346a and 371. Coordination with Indian Tribal note) directs EPA to use voluntary 2. Section 180.41 is amended as consensus standards in its regulatory Governments (65 FR 67249, November follows: 6, 2000), EPA has determined that this activities unless to do so would be proposed rule does not have tribal inconsistent with applicable law or a. By redesignating paragraphs (c)(10) implications because it will not have impractical. Voluntary consensus – (c)(22) as paragraphs (c)(11) – (c)(23), any affect on tribal governments, on the standards are technical standards (e.g., respectively, and by adding a new relationship between the Federal materials specifications, test methods, paragraph (c)(10). government andthe Indian tribes, or on and sampling procedures) that are b. By redesignating newly the distribution of power and developed or adopted by voluntary redesignated paragraphs (c)(13) – (c)(23) responsibilities between the Federal consensus standards bodies. This as paragraphs (c)(14) – (c)(24), government and Indian tribes, as proposed rule does not impose any respectively, and by adding a new specified in the Order. Thus, Executive technical standards that would require paragraph (c)(13). Order 13175 does not apply to this EPA to consider any voluntary proposed rule. consensus standards. c. By redesignating newly redesignated paragraphs (c)(15) – (c)(24) G. Executive Order 13045 J. Executive Order 12898 as paragraphs (c)(16) – (c)(25), Executive Order 13045, entitled respectively, and by adding new Under Executive Order 12898, Protection of Children from paragraph (c)(15). and Environmental Health Risks and Safety entitled Federal Actions to Address d. By redesignating newly Risks (62 FR 19885, April 23, 1997) does Environmental Justice in Minority not apply to this proposed rule because Populations and Low-Income redesignated paragraph (c)(25) as this action is not designated as an Populations (59 FR 7629, February 16, paragraph (c)(26), and by adding a new economically significant regulatory 1994), the Agency has not considered paragraph (c)(25). action as defined by Executive Order environmental justice-related issues The amendments read as follows: 12866 (see Unit IV.A.), nor does it because this proposed rule does not establish an environmental standard, or have an adverse impact on the § 180.41 Crop group tables. otherwise have a disproportionate effect environmental and health conditions in * * * * * low-income and minority communities. on children. (c) * * * H. Executive Order 13211 List of Subjects in 40 CFR Part 180 (10) Crop Group 8-09. Fruiting This proposed rule is not subject to Environmental protection, Vegetable Group. Executive Order 13211, entitledActions Administrative practice and procedure, (i) Representative commodities. Concerning Regulations that Agricultural commodities. Tomato (standard size) and one cultivar Significantly Affect Energy of small tomato; bell pepper and one Supply,Distribution, or Use (66 FR Dated: December 22, 2009. cultivar of nonbell pepper; and one 28355, May 22, 2001) because it is not Stephen A. Owens, cultivar of small nonbell pepper or one designated as a regulatory action as Assistant Administrator for Prevention, cultivar of small eggplant. defined by Executive Order 12866 (see Pesticides and Toxic Substances. Unit IV.A.), nor is it likely to have any (ii) Commodities. The following is a adverse effect on the supply, Therefore, it is proposed that 40 CFR list of all commodities included in the distribution, or use of energy. chapter I be amended as follows: Crop Group 8-09.

TABLE 1—CROP GROUP 8-09: FRUITING VEGETABLE GROUP

Commodities Related crop subgroups

African eggplant, Solanum macrocarpon L ...... 8-09B, 8-09C Bush tomato, Solanum centrale J.M. Black ...... 8-09A Cocona, Solanum sessiliflorum Dunal ...... 8-09A Currant tomato, Lycopersicon pimpinellifolium (L.) Mill...... 8-09A Eggplant, Solanum melongena L...... 8-09B, 8-09C Garden huckleberry, Solanum scabrum Mill ...... 8-09A Goji berry, Lycium barbarum L...... 8-09A Groundcherry, Physalis alkekengi L., P. grisea (Waterf.) M. Martinez, P. peruvian L., P. pubescens L...... 8-09A Martynia, Proboscidea louisianica (Mill.) Thell...... 8-09B, 8-09C Naranjilla, Solanum quitoense Lam ...... 8-09A Okra, Abelmoschus esculentus (L.) Moench ...... 8-09B, 8-09C Pea eggplant, Solanum torvum Sw...... 8-09B, 8-09C Pepino, Solanum muricatum Aiton ...... 8-09B, 8-09C Pepper, bell, Capsicum annuum L. var. annuum, Capsicum spp...... 8-09B Pepper, nonbell, Capsicum chinese Jacq., C. annuum L. var. annuum, C. frutescens L., C. baccatum L., C. pubescens Ruiz & Pav., Capsicum spp ...... 8-09B, 8-08C Roselle, Hibiscus sabdariffa L...... 8-09B, 8-09C Scarlet eggplant, Solanum aethiopicum L...... 8-09B, 8-09C Sunberry, Solanum retroflexum Dunal ...... 8-09A

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TABLE 1—CROP GROUP 8-09: FRUITING VEGETABLE GROUP—Continued

Commodities Related crop subgroups

Tomatillo, Physalis philadelphica Lam...... 8-09A Tomato, Solanum lycopersicon L., Solanum lycopersicum L. var. lycopersicum ...... 8-09A Tree tomato, Solanum betaceum Cav...... 8-09A Cultivars, varieties and/or hybrids of these......

(iii) Table. The following Table 2 Group 8-09, 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 8-09: SUBGROUP LISTING

Representative commodities Commodities

Crop Subgroup 8-09A. Tomato subgroup. Tomato (Standard size and one cultivar of small tomato)...... Bush tomato; Cocona; Currant tomato; Garden huckleberry; Goji berry; Groundcherry; Naranjilla; Sunberry; Tomatillo; Tomato; Tree tomato; cultivars, varieties, and/or hybrids of these.

Crop Subgroup 8-09B Pepper/Eggplant subgroup. Bell pepper and one cultivar of nonbell pepper...... African eggplant; Bell pepper; Eggplant; Martynia; Nonbell pepper; Okra; Pea eggplant; Pepino; Roselle, Scarlet eggplant; cultivars, varieties, and/or hybrids of these.

Crop Subgroup 8-09C Nonbell pepper/Eggplant subgroup. One cultivar small nonbell pepper or one cultivar of small eggplant...... African eggplant; Eggplant; Martynia; Nonbell pepper; Okra; Pea eggplant; Pepino; Roselle, Scarlet eggplant; cultivars, varieties, and/or hybrids of these.

* * * * * (i) Representative commodities. (ii) Commodities. The following is a (13) Crop Group 10-09. Citrus Fruit Orange or Tangerine/Mandarin, Lemon list of all the commodities in Crop Group. or Lime, and Grapefruit Group 10:

TABLE 1—CROP GROUP 10-09: CITRUS FRUIT GROUP

Commodities Related crop subgroups

Australian desert lime, Eremocitrus glauca (Lindl.) Swingle ...... 10-09B Australian finger lime, Microcitrus australasica (F. Muell.) Swingle ...... 10-09B Australian round lime, Microcitrus australis (A. Cunn. ex Mudie) Swingle ...... 10-09B Brown River finger lime, Microcitrus papuana Winters ...... 10-09B Calamondin, Citrofortunella microcarpa (Bunge) Wijnands ...... 10-09A Citron, Citrus medica L ...... 10-09A Citrus hybrids, Citrus spp. Eremocitrus spp., Fortunella spp., Microcitrus spp., and Poncirus spp...... 10-09A Grapefruit, Citrus paradisi Macfad...... 10-09C Japanese summer grapefruit, Citrus natsudaidai Hayata ...... 10-09C Kumquat, Fortunella spp...... 10-09B Lemon, Citrus limon (L.) Burm. f...... 10-09B Lime, Citrus aurantiifolia (Christm.) Swingle ...... 10-09B Mediterranean Mandarin, Citrus deliciosa Ten...... 10-09A Mount White lime, Microcitrus garrowayae (F. M. Bailey) Swingle ...... 10-09B New Guinea wild lime, Microcitrus warburgiana (F. M. Bailey) Tanaka ...... 10-09B Orange, sour, Citrus aurantium L...... 10-09A Orange, sweet, Citrus sinensis (L.) Osbeck ...... 10-09A Pummelo, Citrus maxima (Burm .) Merr...... 10-09C Russell River lime, Microcitrus inodora (F.M. Bailey) Swingle ...... 10-09B Satsuma mandarin, Citrus unshiu Marcow...... 10-09A Sweet lime, Citrus limetta Risso ...... 10-09B Tachibana orange, Citrus tachibana (Makino) Tanaka ...... 10-09A Tahiti Lime, Citrus latifolia (Yu. Tanaka) Tanaka ...... 10-09B Tangelo, Citrus x tangelo J.W. Ingram & H.E. Moore ...... 10-09A, 10-09C Tangerine (Mandarin), Citrus reticulata Blanco ...... 10-09A Tangor, Citrus nobilis Lour...... 10-09A Trifoliate orange, Poncirus trifoliata (L.) Raf...... 10-09A Uniq fruit, Citrus aurantium Tangelo group ...... 10-09C Cultivars, varieties and/or hybrids of these..

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(iii) Table. The following Table 2 Group 10-09, specifies the subgroup and lists all the commodities identifies the crop subgroups for Crop representative commodities for each included in each subgroup.

TABLE 2—CROP GROUP 10-09: SUBGROUP LISTING

Representative commodities Commodities

Crop Subgroup 10-09A. Orange subgroup. Orange or tangerine/mandarin ...... Calamondin; Citron; Citrus hybrids; Mediterranean Mandarin; Orange, sour; Orange, sweet; Satsuma mandarin; Tachibana orange; Tan- gerine (Mandarin); Tangelo, Tangor; Trifoliate orange; cultivars, varieties, and/or hybrids of these.

Crop Subgroup 10-09B. Lemon/Lime subgroup. Lemon or lime ...... Australian desert lime; Australian finger-lime; Australian round lime; Brown River finger lime; Kumquat; Lemon; Lime; Mount White Lime; New Guinea wild lime; Russell River Lime; Sweet lime; Tahiti Lime; cultivars, varieties, and/or hybrids of these varieties.

Crop Subgroup 10-09C. Grapefruit subgroup. Grapefruit ...... Grapefruit; Japanese summer grapefruit; Pummelo; Tangelo; Uniq fruit; cultivars, varieties, and/or hybrids of these.

* * * * * TABLE 1—CROP GROUP 11-09: POME TABLE 1—CROP GROUP 11-09: POME (15) Crop Group 11-09. Pome Fruit FRUIT GROUP—COMMODITIES— FRUIT GROUP—COMMODITIES— Group. Continued Continued (i) Representative commodities. Apple Mayhaw, Crataegus aestivalis (Walter) Torr. Tejocote, Crataegus mexicana DC. and Pear. & A. Gray, C. opaca Hook. & Arn., and C. Cultivars, varieties and/or hybrids of these. (ii) Commodities. The following is a rufula Sarg. * * * * * list of all the commodities in Crop Medlar, Mespilus germanica L. (25) Crop Group 20. Oilseed Group. Group 11-09. Pear, Pyrus communis L Pear, Asian, Pyrus pyrifolia (Burm. f.) Nakai (i) Representative commodities. TABLE 1—CROP GROUP 11-09: POME var. culta (Makino) Nakai Rapeseed (canola varieties only); FRUIT GROUP—COMMODITIES Quince, Cydonia oblonga Mill sunflower, seed and cottonseed. Apple, Malus domestica Borkh Quince, Chinese, Chaenomeles speciosa (ii) Table. The following Table 1 lists Azarole, Crataegus azarolus L. (Sweet) Nakai, Pseudocydonia sinensis all the commodities listed in Crop Crabapple, Malus sylvestris (L.) Mill., Malus (Thouin) C.K. Schneid. Group 20 and identifies the related crop prunifolia (Willd.) Borkh. Quince, Japanese, Chaenomeles japonica subgroups and includes cultivars and/or Loquat, Eriobotrya japonica (Thunb.) Lindl. (Thunb.) Lindl. ex Spach varieties of these commodities. TABLE 1—CROP GROUP 20: OILSEED GROUP

Related crop sub- Commodities groups

Borage, Borago officinalis L...... 20A Calendula, Calendula officinalis L...... 20B Castor oil plant, Ricinus communis L...... 20B Chinese tallowtree, Triadica sebifera (L.) Small ...... 20B Cottonseed, Gossypium spp. L...... 20C Crambe, Crambe hispanica L.; Crambe abyssinica Hochst. ex R.E. Fr...... 20A Cuphea, Cuphea hyssopifolia Kunth ...... 20A Echium, Echium plantagineum L...... 20A Euphorbia, Euphorbia esula L...... 20B Evening primrose, Oenothera biennis L...... 20B Flax seed, Linum usitatissimum L...... 20A Gold of pleasure, Camelina sativa (L.) Crantz ...... 20A Hare’s ear mustard, Conringia orientalis (L.) Dumort...... 20A Jojoba, Simmondsia chinensis (Link) C.K. Schneid...... 20B Lesquerella, Lesquerella recurvata (Engelm. ex A. Gray) S. Watson ...... 20A Lunaria, Lunaria annua L...... 20A Meadowfoam, Limnanthes alba Hartw. ex Benth...... 20A Milkweed, Asclepias spp. L...... 20A Mustard seed, Brassica hirta Moench, Sinapis alba L. subsp. alba ...... 20A Niger seed, Guizotia abyssinica (L.f.) Cass...... 20B Oil radish, Raphanus sativus L. var. oleiformis Pers ...... 20A Poppy seed, Papaver somniferum L. subsp. Somniferum ...... 20A Rapeseed, Brassica spp.; Brassica napus L...... 20A Rose hip, Rosa rubiginosa L...... 20B Safflower, Carthamus tinctorious L...... 20B Sesame, Sesamum indicum L.; Sesamum radiatum Schumach. & Thonn...... 20A Stokes aster, Stokesia laevis (Hill) Greene ...... 20B Sunflower, Helianthus annuus L...... 20B

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TABLE 1—CROP GROUP 20: OILSEED GROUP—Continued

Related crop sub- Commodities groups

Sweet rocket, Hesperis matronalis L...... 20A Tallowwood, Ximenia americana L...... 20B Tea oil plant, Camellia oleifera C. Abel ...... 20B Vernonia, Vernonia galamensis (Cass.) Less...... 20B Cultivars, varieties, and/or hybrids of these......

(iii) Table. The following Table 2 Group 20, 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 20 SUBGROUP LISTING

Representative commodities Commodities

Crop Subgroup 20A. Rapeseed subgroup. Rapeseed, canola varieties only...... Borage, Crambe, Cuphea, Echium, Flax seed, Gold of pleasure, Hare’s ear mustard, Lesquerella, Lunaria, Meadowfoam, Milkweed, Mustard seed, Oil radish, Poppy seed, Rapeseed, Sesame, Sweet rocket, cultivars, varieties, and/or hybrids of these. Crop Subgroup 20B. Sunflower subgroup. Sunflower, seed...... Calendula, Castor oil plant, Chinese tallowtree, Euphorbia, Evening primrose, Jojoba, Niger seed, Rose hip, Safflower, Stokes aster, Sunflower, Tallowwood, Tea oil plant, Vernonia, cultivars, varieties, and/or hybrids of these. Crop Subgroup 20C. Cottonseed Subgroup. Cottonseed...... Cottonseed, cultivars, varieties, and/or hybrids of these.

* * * * * disposal of hazardous substances. In a processes involving hazardous [FR Doc. E10–31397 Filed 01–05–10; 8:45 July 28, 2009, Federal Register notice, substances at these facilities, as well as am] the Environmental Protection Agency Federal and State authorities, policies, BILLING CODE 6560–50–S (EPA or the Agency) identified classes and practices to determine the risks of facilities within the Hardrock Mining posed by these classes of facilities and industry as those for which the Agency whether requirements under CERCLA ENVIRONMENTAL PROTECTION will first develop financial Section 108(b) will effectively reduce AGENCY responsibility requirements under these risks. CERCLA Section 108(b). In that notice, In addition, this Federal Register 40 CFR Part 320 EPA also stated its belief that additional notice identifies the Waste Management and Remediation Services industry [EPA–HQ–SFUND–2009–0265; FRL–9100–5] classes of facilities—that is, other than those in the Hardrock Mining industry, (NAICS 562), the Wood Product RIN 2050–AG56 also may warrant the development of Manufacturing industry (NAICS 321), financial responsibility requirements the Fabricated Metal Product Identification of Additional Classes of under CERCLA Section 108(b), and Manufacturing (NAICS 332) industry, Facilities for Development of Financial stated that EPA would publish a Federal and the Electronics and Electrical Responsibility Requirements Under Register notice, by December 2009, Equipment Manufacturing industry CERCLA Section 108(b) identifying additional classes of (NAICS 334 and 335), as well as AGENCY: Environmental Protection facilities it plans to evaluate regarding facilities engaged in the recycling of Agency (EPA). the development of financial materials containing CERCLA hazardous substances—as requiring further study ACTION: Advance notice of proposed responsibility requirements. As a result before EPA begins the regulatory rulemaking (ANPRM). of examining available data and information, the Agency is identifying development process. In identifying SUMMARY: Section 108(b) of the the classes of facilities within three classes of facilities within these Comprehensive Environmental industries—that is, the Chemical industries in this notice, the Agency Response, Compensation, and Liability Manufacturing industry (NAICS 325), does not intend to indicate that other Act (CERCLA) of 1980, as amended, the Petroleum and Coal Products classes in other industry sectors are no establishes certain regulatory authorities Manufacturing industry (NAICS 324), longer being considered. concerning financial responsibility and the Electric Power Generation, DATES: Submit comments on or before requirements. Specifically, the statutory Transmission, and Distribution industry February 5, 2010. language addresses the promulgation of (NAICS 2211), as those for which the ADDRESSES: Submit your comments, regulations that require classes of Agency plans to develop, as necessary, identified by Docket ID No. EPA–HQ– facilities to establish and maintain a proposed regulation identifying SFUND–2009–0834, by one of the evidence of financial responsibility appropriate financial responsibility following methods: consistent with the degree and duration requirements under CERCLA Section • Electronic docket at: of risk associated with the production, 108(b). EPA will carefully examine www.regulations.gov: Follow the on-line transportation, treatment, storage, or specific activities, practices, and instructions for submitting comments.

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