28920 Federal Register / Vol. 72, No. 99 / Wednesday, May 23, 2007 / Proposed Rules

Commodity Parts per million • Mail: Office of Pesticide Programs electronic docket at http:// (OPP) Regulatory Public Docket (7502P), www.regulations.gov, or, if only Cattle, meat ...... 0.05 Environmental Protection Agency, 1200 available in hard copy, at the OPP Cattle, meat byproducts 0.05 Pennsylvania Ave., NW., Washington, Regulatory Public Docket in Rm. S– Cotton, gin byproducts ... 55.0 DC 20460–0001. 4400, One Potomac Yard (South Cotton, undelinted seed 2.0 • Delivery: OPP Regulatory Public Building), 2777 S. Crystal Drive, Goat, fat ...... 0.05 Docket (7502P), Environmental Goat, meat ...... 0.05 Arlington, VA. The hours of operation Goat, meat byproducts ... 0.05 Protection Agency, Rm. S–4400, One of this Docket Facility are from 8:30 a.m. Horse, fat ...... 0.05 Potomac Yard (South Building), 2777 S. to 4 p.m., Monday through Friday, Horse, meat ...... 0.05 Crystal Drive, Arlington, VA. Deliveries excluding legal holidays. The Docket Horse, meat byproducts 0.05 are only accepted during the Docket’s telephone number is (703) 305–5805. Milk ...... 0.01 normal hours of operation (8:30 a.m. to FOR FURTHER INFORMATION CONTACT: Sheep, fat ...... 0.05 4 p.m., Monday through Friday, Rame` Cromwell, Field and External Sheep, meat ...... 0.05 excluding legal holidays). Special Affairs Division, Office of Pesticide Sheep, meat byproducts 0.05 arrangements should be made for Programs, Environmental Protection deliveries of boxed information. The Agency, 1200 Pennsylvania Ave., NW., * * * * * Docket telephone number is (703) 305– Washington, DC 20460–0001; telephone FR Doc. 07–2561 Filed 5–22–07; 8:45 am 5805. number: (703) 308–9068; fax number: Instructions: Direct your comments to BILLING CODE 6560–50–S (703) 305–5884; e-mail address: docket ID number EPA–HQ–OPP–2006– [email protected]. 0766. EPA’s policy is that all comments SUPPLEMENTARY INFORMATION: ENVIRONMENTAL PROTECTION received will be included in the docket AGENCY without change and may be made I. General Information available on-line at http:// 40 CFR Part 180 www.regulations.gov, including any A. Does this Action Apply to Me? personal information provided, unless You may be potentially affected by [EPA–HQ–OPP–2006–0766; FRL–8126–1] the comment includes information this action if you are an agricultural claimed to be Confidential Business [RIN 2070–AJ28] producer, food manufacturer. Information (CBI) or other information Potentially affected entities may whose disclosure is restricted by statute. Pesticide Tolerance Crop Grouping include, but are not limited to: Do not submit information that you • Crop production (NAICS code 111), Program; Proposed Expansion consider to be CBI or otherwise e.g., agricultural workers; greenhouse, AGENCY: Environmental Protection protected through regulations.gov or e- nursery, and floriculture workers; Agency (EPA). mail. The Federal regulations.gov farmers. website is an ‘‘anonymous access’’ • Animal production (NAICS code ACTION: Proposed rule. system, which means EPA will not 112), e.g., cattle ranchers and farmers, SUMMARY: EPA is proposing revisions to know your identity or contact dairy cattle farmers, livestock farmers. • its pesticide tolerance crop grouping information unless you provide it in the Food manufacturing (NAICS code regulations, which allow establishment body of your comment. If you send an 311), e.g., agricultural workers; farmers; of tolerances for multiple related crops, e-mail comment directly to EPA without greenhouse, nursery, and floriculture based on data from a representative set going through regulations.gov, your e- workers; ranchers; pesticide applicators. • of crops. The present revision would mail address will be automatically Pesticide manufacturing (NAICS create a new crop group for edible fungi captured and included as part of the code 32532), e.g., agricultural workers; (mushrooms), expand existing crop comment that is placed in the docket commercial applicators; farmers; groups by adding new commodities, and made available on the Internet. If greenhouse, nursery, and floriculture establish new crop subgroups, and you submit an electronic comment, EPA workers; residential users. revise the representative crops in some recommends that you include your This listing is not intended to be groups. Additionally, EPA is revising name and other contact information in exhaustive, but rather provides a guide the generic crop group regulation to add the body of your comment and with any for readers regarding entities likely to be a subsection explaining how the Agency disk or CD-ROM you submit. If EPA affected by this action. Other types of will implement revisions to crop cannot read your comment due to entities not listed in this unit could also groups. EPA expects these revisions to technical difficulties and cannot contact be affected. The North American promote greater use of crop groupings you for clarification, EPA may not be Industrial Classification System for tolerance-setting purposes and, in able to consider your comment. (NAICS) codes have been provided to particular, will assist in retaining or Electronic files should avoid the use of assist you and others in determining making available pesticides for minor special characters, any form of whether this action might apply to encryption, and be free of any defects or crop uses. This is the first in a series of certain entities. If you have any viruses. planned crop group updates expected to questions regarding the applicability of Docket: All documents in the docket be proposed over the next several years. this action to a particular entity, consult are listed in the docket index. Although the person listed under FOR FURTHER DATES: Comments must be received on listed in the index, some information is INFORMATION CONTACT. or before July 23, 2007. not publicly available, e.g., CBI or other ADDRESSES: Submit your comments, information whose disclosure is B. What Should I Consider as I Prepare identified by docket identification (ID) restricted by statute. Certain other My Comments for EPA? number EPA–HQ–OPP–2006–0766, by material, such as copyrighted material, 1. Submitting CBI. Do not submit this one of the following methods: is not placed on the Internet and will be information to EPA through • Federal eRulemaking Portal: http:// publicly available only in hard copy www.regulations.gov or e-mail. Clearly www.regulations.gov. Follow the on-line form. Publicly available docket mark the part or all of the information instructions for submitting comments. materials are available either in the that you claim to be CBI. For CBI

VerDate Aug<31>2005 15:44 May 22, 2007 Jkt 211001 PO 00000 Frm 00026 Fmt 4702 Sfmt 4702 E:\FR\FM\23MYP1.SGM 23MYP1 cprice-sewell on PROD1PC71 with PROPOSALS Federal Register / Vol. 72, No. 99 / Wednesday, May 23, 2007 / Proposed Rules 28921

information in a disk or CD ROM that is considered to be adulterated. The U.S. replaced and improved upon on two you mail to EPA, mark the outside of the Food and Drug Administration and the separate occasions (June 29, 1983 (48 FR disk or CD ROM as CBI and then U.S. Department of Agriculture together 29855) and May 17, 1995 (60 FR identify electronically within the disk or enforce the EPA’s tolerance limits. 26626)). The May 1995 amendments CD ROM the specific information that is Adulterated food is not permitted in established the current crop grouping claimed as CBI. In addition to one commerce. scheme and presented the crop groups complete version of the comment that To establish a tolerance, a petition is in tables. Subgroups were also created includes information claimed as CBI, a submitted to the Agency requesting the for 8 of the 19 crop groups, new copy of the comment that does not tolerance and furnishing information on commodities were added to existing contain the information claimed as CBI the chemical identity and composition groups and some representative must be submitted for inclusion in the of the pesticide, its use pattern on the commodities were revised. This public docket. Information so marked crop, toxicity data, and extensive provided petitioners with more will not be disclosed except in residue data on the nature of the residue flexibility in obtaining supporting accordance with procedures set forth in and the residue levels resulting from the residue data. During the rulemaking 40 CFR part 2. proposed use pattern. The residue process for the 1995 amendments, EPA 2. Tips for preparing your comments. chemistry data requirements (40 CFR received comments requesting the When submitting comments, remember 158.240) have been identified as a inclusion of additional crop groups in to: limiting factor in making pesticide the crop grouping scheme for crops such i. Identify the document by docket ID licensing and tolerance decisions for as oil seed crops, subtropical fruits, and number and other identifying minor crops. This is particularly critical tropical fruits. Those proposed changes information (subject heading, Federal for low acreage minor crops where the were determined to be beyond the scope Register date, and page number). expense and time investment for of the 1995 rulemaking. Nonetheless, ii. Follow directions. The Agency may satisfying the residue chemistry EPA welcomed the opportunity to ask you to respond to specific questions requirements may preclude a registrant evaluate additional crop group and or organize comments by referencing a from petitioning the Agency for an subgroup proposals submitted by Code of Federal Regulations (CFR) part individual crop tolerance for that use. A interested parties for future or section number. tolerance may be proposed for an consideration. iii. Explain why you agree or disagree; individual commodity such as oranges In 2002, a nation wide cooperative suggest alternatives and substitute or lemons, or for a group of related effort called the USDA Inter-regional language for your requested changes. commodities in a crop group such as the Research Project No.4 (IR-4), along with iv. Describe any assumptions and citrus crop group. the governments of Canada and Mexico provide any technical information and/ The crop grouping regulations (40 held the first International Crop or data that you used. CFR 180.41) enables the establishment Grouping Symposium. One conclusion v. If you estimate potential costs or of tolerances for a group of crops based from the symposium was that EPA’s burdens, explain how you arrived at on residue data for certain crops that are crop group regulation should be your estimate in sufficient detail to representative of the group. The crop updated to incorporate more than 500 allow for it to be reproduced. grouping concept leads to an estimate of ‘‘orphan crops’’ (both domestic and vi. Provide specific examples to maximum level of residue that could imported) which are not currently illustrate your concerns and suggest occur on any crop within the group. The members of a crop group. The alternatives. minimum data required for a group symposium also recommended that vii. Explain your views as clearly as tolerance consists of residue data for all many of the existing crop groups in the possible, avoiding the use of profanity representative commodities for a group. crop group regulation be revised to or personal threats. For example, for Crop Group 12 the facilitate harmonization of crop groups viii. Make sure to submit your stone fruits group, the representative and simplification of commodity comments by the comment period commodities are sweet cherry or tart terminology for establishing Maximum deadline identified. cherry; peach; and plum or fresh prune Residue Levels (MRLs) internationally. (Prunus domestica, Prunus spp.). Crop The full proceedings from this II. Background group 12 includes the following symposium are available at http:// A. Tolerance-Setting Requirements and commodities: Apricot; cherry; cherry, www.ir4.rutgers.edu/Other/ tart; nectarine; peach; plum; plum, Petition from USDA IR-4 Program to USDACropGroupingSymposium.pdf. chickasaw; plum, damsom; plum, The International Crop Groupings Expand the Existing Crop Grouping Japanese; plumcot; prune (fresh). Once Consulting Committee (ICGCC) was System the group tolerance is established, the subsequently convened and is presently EPA is authorized to establish tolerance level applies to all agricultural composed of over 180 crop, tolerances for pesticide chemical commodities within the group. It is also agrichemical and regulatory experts residues in food under section 408 of possible to request a crop group representing more than 40 countries, the Federal Food, Drug and Cosmetic tolerance with a particular member of including the United States, Canada and Act (FFDCA) (21 U.S.C. 346a). EPA the crop excluded. An example of the European Union (EU) members. The establishes tolerances for each pesticide exclusion to a crop group would be a goal of the ICGCC is to harmonize based on the potential risks to human tolerance for the Stone Fruit group 12, international crop groupings and to that health posed by that pesticide. A except peach. In this crop group residue end, involves NAFTA. At the request of tolerance is the maximum permissible data for cherry and plum are used to IR-4, the ICGCC reviews proposals for residue level established for pesticides establish a group tolerance for the stone revised or new crop groups and in raw agricultural produce and fruit group except peach. develops crop petitions to submit to the processed foods. Tolerances are This proposed rule builds on a related EPA. The review process is conducted observed carefully by growers, pesticide crop grouping system initially by an ICGCC workgroup which validates users, processors, and food marketers. established via regulation on December the crop group, subgroup, and Food that contains residues of a 6, 1962 (27 FR 12100). That initial crop commodities (including adding or pesticide for which there is no tolerance grouping scheme has been subsequently deleting commodities), and provides

VerDate Aug<31>2005 15:44 May 22, 2007 Jkt 211001 PO 00000 Frm 00027 Fmt 4702 Sfmt 4702 E:\FR\FM\23MYP1.SGM 23MYP1 cprice-sewell on PROD1PC71 with PROPOSALS 28922 Federal Register / Vol. 72, No. 99 / Wednesday, May 23, 2007 / Proposed Rules

commodity information including the benefits of work sharing become Residue Chemistry Guidelines of each cultural, nutritional, and medicinal more apparent. NAFTA member country. Once the new information. The group makes MRL or updated crop groups become effective B. International Considerations comparisons with Codex and EU crop in the United States, Mexico will have classification and evaluates world 1. NAFTA partner involvement in this them as a reference for the production on relevant commodities. proposal. EPA’s Chemistry Science establishment of maximum residue Within this process, growers and Advisory Council (ChemSAC), an limits in Mexico. internal Agency peer review committee, commodity experts provide valuable III. Specific Proposed Revisions input on commodities and international provided a detailed analysis for each members provide specific information proposed crop group to Canada’s Pest This section explains the proposed on the commodities grown in their Management Regulatory Agency revisions to the crop group regulations. (PMRA), IR-4, and the government of countries and regions which provides A. Phasing out Pre-existing Crop Groups perspectives on harmonization Mexico for their review and comment Amending pre-existing crop groups approaches. The ICGCC prepares and invited these parties to participate may result in uncertainty as to the status commodity monographs for each in the ChemSac meeting to finalize the of crop group tolerances established specific crop group as well as report. prior to such an amendment as well as information tables for crop group EPA scientists will present the confusion in distinguishing between comparison. The draft crop grouping amended crop grouping to PMRA’s groups established before and after the petition is then examined by the Science Management Committee (SMC) amendment. This problem is workgroup and the final petition is for their evaluation. EPA will provide a particularly acute when the amendment submitted by USDA IR-4 to EPA for ‘‘reviewer’s guide’’ describing the crop grouping amendments and explaining adds or removes commodities from the analysis. how to express the changes to the crop coverage of the crop group. To avoid Today’s proposal is based upon three group in the Federal Register to IR-4 potential confusion, EPA is proposing to petitions developed by the ICGCC and PMRA in support of amend the generic crop group workgroup and submitted to EPA by IR- implementation and to inform the regulations to include an explicit 4. These petitions and the monographs regulatory community. scheme for how revised crop groups supporting them have been included in 2. Relationship of this proposal to will be organized in the regulations. the docket for the proposed rule. EPA Codex activities. In 2004 and 2005, In brief, EPA is proposing that, when expects that a series of additional Canada and the U.S. Codex delegation a crop group is amended in a manner petitions seeking amendments and discussed possible opportunities that a that expands or contracts its coverage of changes to the crop groupings linkage of the USDA IR-4 crop group commodities, EPA will (1) retain the regulations (40 CFR 180.41) will initiative with ongoing limited revisions pre-existing crop group in § 180.41; (2) originate from the ICGCC workgroup of the Codex system of Classification of insert the revised crop group over the next few years. Foods and Animal Feeds could bring to immediately after the pre-existing crop EPA believes that this proposal is a harmonizing MRL recommendations. In group in the CFR; and (3) title the burden-reducing regulation. It will December 2005, the NAFTA TWG revised crop group in a way that clearly provide for greater sharing of data by executive agreed that the United States differentiates it from the pre-existing permitting the results from magnitude of and Canada should work together to crop group. residue field trial studies in one crop to advance incorporation of U.S. and Under the proposed nomenclature the be applied to other similar crops. The Canadian bilateral activities on crop revised crop group will retain roughly primary beneficiaries are minor crop groups into the CCPR Codex work. the same name and number as the pre- producers and consumers. Minor crop Involvement by NAFTA TWG member existing group except that the number producers will benefit because lower countries in the Codex process will will be followed by a hyphen and the registration costs will encourage more facilitate the adoption of the ICGCC crop final two digits of the year it is products to be registered on minor groups, thereby providing a mechanism established. For example, today EPA is crops, providing additional tools for for developing residue data using proposing to revise Crop Group 3: Bulb pest control. Consumers are expected to representative crops at the international Vegetables (Allium spp.) Group. The benefit by having more affordable and level. Standardization of commodity revised group will be titled Crop Group abundant food products available. terminology within the global context 3-07: Bulb Vegetables Group. Dropping Secondary beneficiaries are pesticide and the adoption of Codex MRLs ‘‘(Allium spp.)’’ reflects the revised registrants. Expanded markets for representative of the ICGCC Crop character of the group. pesticide products will lead to increased Groups will greatly facilitate Where additions to a crop group make sales. EPA’s position is that data from international guideline harmonization. the pre-existing crop group name representative crops will not As a result of these efforts, minor crop misleading, EPA will amend the name underestimate the public exposure to growers will have easier access to crop as well as the number. For example, pesticide residues through the protection tools by an improved today EPA is proposing to revise Crop consumption of treated crops. The IR-4 extrapolation from representative crops Group 13: Group. The revised Project and EPA, which are publicly to other crops in the same crop group, group will be titled Crop Group 13-07: funded Federal government entities, while a broader harmonization will Berries and Small Fruit Group. This will also more efficiently use some minimize impediments to trade. change is necessary because of the resources as a result of the rule. EPA believes that NAFTA partners addition of commodities to this group. Revisions to the crop grouping scheme will pursue such programmatic changes. Tolerances established for revised will result in no appreciable costs or PMRA will in parallel undertake to crop groups will include the new negative impacts to consumers, minor follow its procedures under the number (and new name, if applicable) crop producers, pesticide registrants, authority of Canada’s Pest Control so that it is apparent on the face of the the environment, or human health. Products (PCP) Act (2002) to publish its tolerance regulation what commodities There is also a growing international regulatory directives. These regulatory are covered. Similarly, it will be clear need for harmonizing crop groupings as documents will be used to update the what tolerances for pre-existing crop

VerDate Aug<31>2005 15:44 May 22, 2007 Jkt 211001 PO 00000 Frm 00028 Fmt 4702 Sfmt 4702 E:\FR\FM\23MYP1.SGM 23MYP1 cprice-sewell on PROD1PC71 with PROPOSALS Federal Register / Vol. 72, No. 99 / Wednesday, May 23, 2007 / Proposed Rules 28923

groups are covered since these existing bunching (Allium x proliferum group tolerances which can be tolerance regulations use the pre- (Moench) Schrad. Ex. Willd); (12) important for international existing crop group names. Onion, Chinese, bulb (Allium chinense harmonization. EPA has determined Although EPA will initially retain G. Don.); (13) Onion, fresh (Allium that residue data on the designated pre-existing crop groups that have been fistulosum L. var. caespitosum Makino); representative crops will provide superceded by revised crop groups, EPA (14) Onion, macrostem (Allium adequate information on residue levels will not establish new tolerances under macrostemom Bunge); (15) Onion, pearl in crops and subgroups. This the pre-existing groups. Further, EPA (Allium porrum var. sectivum); (16) determination is based on similarities in plans to eventually convert tolerances Onion, potato, bulb (Allium cepa L. var. cultural practices, edible food portions for any pre-existing crop groups to aggregatum G. Don); (17) Onion, tree, (bulb vs. leaves), the fact that none of tolerances with the coverage of the tops (Allium x proliferum (Moench) these crops are used as animal feed revised crop group. This conversion will Schrad. ex. Willd.); and (18) Wild leek items, as well as existing data on be effected both through the registration (Allium tricoccum Aiton). residue levels in these crops. review process and in the course of Commodities are being added to this 4. Change the format. EPA proposes preparing new risk assessments for a crop group for several reasons. EPA is to convert the current narrative format pesticide. To this end, EPA requests that now able to place many minor or of the existing group to tabular form. petitioners for tolerances address this specialty crops that were considered This format will make it easier to read issue in their petitions. For example, ‘‘orphan crops’’ into an appropriate crop and understand. assuming EPA adopts the amendment to group. The publication of the ‘‘Food and 5. Change the name. EPA is proposing Crop Group 3: Bulb Vegetables (Allium Feed Crops of the United States’’ to drop the descriptor ‘‘(Allium spp.)’’ spp.) Group, any tolerance petition for includes over 690 crops and provides from the name because, commodities a pesticide that has a Group 3 tolerance the necessary information. Additionally, not in Allium spp. are now included in should include a request that the Group increased demand for these minor fruits the group. 3 tolerance be amended to a Group 3- and vegetables by U.S. growers and C. Crop Group 13-07: and Small 07 tolerance, since the representative consumers, particularly immigrants, Fruit Group commodities are equivalent. When all drives the need for pest control tools crop group tolerances for a superceded and thus the need to group crops. EPA is proposing to revise and crop group have been revised or Increasing the variety of available pest expand the berries crop group in the removed, EPA will remove the control tools for a crop enables U.S. following manner. EPA will retain pre- superceded group from § 180.41. growers to develop integrated pest existing Crop Group 13 and title the management programs (IPM), which can revised group as Crop Group 13-07. B. Group 3-07: Bulb Vegetables Group minimize pest resistance for these high 1. Add commodities. Crop Group 13 EPA is proposing to revise the bulb cash value alternative crops. currently contains the following 11 vegetables crop group in the following 2. Change the names of representative commodities: (1) Blackberries ( manner. EPA will retain the pre-existing commodities. EPA proposes to change eubatus); (2) Blueberry, highbush; (3) Crop Group 3 and title the revised group the names of the representative Blueberry, lowbush (Vaccinium spp.); as Crop Group 3-07. commodities for the crop group by (4) and (5) Currant, black and red(Ribes 1. Add commodities. EPA proposes to designating onion, bulb and onion, nigrum L., Ribes rubrum L.); (6) amend the existing Crop Group 3 from green as the representative Elderberry (Sambucus spp.); (7) 7 to 25 commodities. The existing crop commodities. The representative Gooseberry, (Ribes spp.); (8) group consists of the following seven commodities for the group are currently Huckleberry, (Gaylussacia spp.); (9) commodities: (1) Garlic (Allium sativum listed as onion, green and onion dry (Rubus loganobaccus L.H. L. var.sativum); (2) Garlic, great-headed bulb. This change merely adopts current Bailey); and (10) and (11) , (elephant) (Allium ampeloprasm L. var commodity name designations. black and red (Rubus cccidentalis L., ampleloprasum); (3) Leek 3. Create crop subgroups. EPA Rubus strigosus Michx., Rubusidaeus (Alliumporrum L.); (4) Onion, dry bulb proposes to add two crop subgroups to L.). and green, (Allium cepa L. var. cepa); the revised crop group. The subgroups EPA proposes to expand Crop group (5) Onion, Welsh, (Allium fistulosm L.); are: 13 by adding 36 commodities as (6) Shallot, bulb (Allium cepa var. i. Subgroup 3-07-A. Bulb onion follows: (1) Amur River grape (Vitis aggregatum G. Don); and (7) Shallot, subgroup. Representative crop. Onion, amurensis Rupr (Vitaceae)); (2) Aronia fresh leaves (Allium cepa bulb. Eleven commodities are included berry (Aronia spp. (Rosaceae)); (3) var.aggregatum G. Don). in this subgroup: Daylily, bulb; Bayberry (Myrica spp. (Myricaceae)) (4) The 18 commodities EPA proposes to Fritillaria, bulb; Garlic, bulb; Garlic Bearberry (Arctostaphylos uva-ursi (L.) add to the group are: (1) Chive, fresh great-headed, bulb; Garlic, serpent, bulb; Spreng (Ericaceae)); (5) Bilberry leaves (Allium schoenoprasum L.); (2) Lily, bulb; Onion, bulb; Onion, Chinese, (Vaccinium myrtillus L. (Ericaceae )); (6) Chive, Chinese, fresh leaves (Allium bulb; Onion, pearl; Onion, potato, bulb; Buffalo Currant (Ribes aureum Pursh. tuberosum Rottler ex. Spreng.); (3) Shallot, bulb. (Grossulariaceae)); (7) Buffaloberry Daylily, bulb (Hemerocallis fulva L.) (L. ii. Subgroup 3-07-B. Green onion (Shepherdia argentea (Pursh) var. fulva); (4) Elegans hosta (Hosta subgroup. Representative crop. Onion, Nutt.(Eleagnaceae)); (8) Che (Cudrania Sieboldiana (Hook) Engl); (5) Fritillaria, green. Fifteen commodities are included tricuspidata Bur. ex Lavallee bulb, (Fritillaria L. fritillary); (6) in this subgroup: Chive, fresh leaves; (Moraceae)); (9) Chilean guava (Myrtus Fritillaria, leaves (Fritillaria L. fritillary); Chive, Chinese, fresh leaves; Elegans ugni Mol. (Myrtaceae)); (10) (7) Garlic, serpent, bulb, (Allium hosta; Fritillaria, leaves; Kurrat; Lady’s Chokecherry (Prunus virginiana L. sativum var. ophioscorodon); (8) Kurrat leek; Leek; Leek, wild; Onion, Beltsville (Rosaceae)); (11) Cloudberry (Rubus (Allium kurrat Schweinf. ex. K. Kause) bunching; Onion, fresh; Onion, green; chamaemorus L. (Rosaceae)); (12) (9) Lady’s leek (Allium cernuum Roth); Onion, macrostem; Onion, tree, tops; Cranberry (Vaccinium macrocarpon (10) Lily, bulb (Lilium spp. (Lilium Onion, Welsh; Shallots, fresh leaves. Aiton (Ericaceae)); (13) European Leichtlinii var maximowiczii, Lilium Creation of subgroups provides barberry (Berberis vulgaris L. lancifolium)); (11) Onion, Beltsville flexibility in the establishment of crop (Berberidaceae)); (14) Grape (Vitis spp.

VerDate Aug<31>2005 15:44 May 22, 2007 Jkt 211001 PO 00000 Frm 00029 Fmt 4702 Sfmt 4702 E:\FR\FM\23MYP1.SGM 23MYP1 cprice-sewell on PROD1PC71 with PROPOSALS 28924 Federal Register / Vol. 72, No. 99 / Wednesday, May 23, 2007 / Proposed Rules

(Vitaceae)); (15) Highbush cranberry, similar fruit structure and are cultivated representative crops will provide (Viburnum opulus L. var. Americanum as shrubs. adequate information on residue levels Aiton (Caprifoliaceae)); (16) EPA proposes to revise the Bushberry in crops and subgroups. This Honeysuckle, edible (Lonicera caerula subgroup 13-B by adding 9 additional determination is based on similarities in L. var. emphyllocalyx Nakai commodities for a total of 16 as follows cultural practices, edible food portions, (Caprifoliaceae)); (17) Jostaberry (Ribes in the revised Bushberry subgroup 13- geographical location, the fact that none x nidigrolaria Rud. Bauer & A. Bauer. 07-B: (1) Aronia berry (2) Blueberry, of these crops are used as animal feed Grossulariaceae (Saxifragaceae)); (18) highbush, and cultivars and/or hybrids items, as well as existing data on Juneberry (including Saskatoon of these (3) Blueberry, lowbush (4) residue levels in these crops. Berry)(Amelanchier spp. (Rosaceae)); Buffalo currant (5) Chilean guava (6) 5. Revise the representative (19) Kiwifruit, fuzzy (Actinidia deliciosa Currrant, black and currant red (7) commodities. EPA proposes to revise (A. Chev.) C.F. Liang & A.R. Ferguson Elderberry (8) European barberry (9) the representative crops for Crop Group (Actinidaceae)); (20) Kiwifruit, hardy Gooseberry (10) Highbush cranberry (11) 13-07 as follows: ‘‘Any one (Actinidia arguta (Siebold & Zucc.) Honeysuckle, edible (12) Huckleberry or any one raspberry; and blueberry’’ Planch. Ex Miq (Actinidaceae)); (21) (13) Jostaberry (14) Native currant (15) will be changed to ‘‘Any one blackberry Lingonberry (Vaccinium vitis-idaea L. Salal (16) Sea Buckthorn. or any one raspberry; highbush (Ericaceae)); (22) Maypop (Passiflora The crops proposed to be added to blueberry; elderberry or mulberry; incarnata L. (Passifloraceae)); (23) this subgroup are all maintained as grape; fuzzy kiwifruit; and strawberry.’’ Mountain Pepper Berries (Tasmannia bushes and all have edible exposed As explained above, these commodities lanceolata (Poir.) A.C. berries. They are all similar in plant are representative of their respective Sm.(Winteraceae)); (24) (Mulberry biology and cultural practices and are subgroups and thus, in combination (Morus spp. (Moraceae)); (25) Muntries likely to have similar pest problems and with other commodities, are (Kunzea pomifera F. Muell. the need for pest control products with representative of the entire group. (Myrtaceae)); (26) (Native currant similar use patterns. D. New Crop Group 21: Edible Fungi (Acrotriche depressa R. Br. 4. Create new subgroups. EPA Group (Epacridaceae)); (27) Partridgeberry proposes to add six new subgroups to (Mitchella repens L. (Rubiaceae)); (28) revised Crop Group 13-07 as follows: EPA proposes to add a new crop Phalsa (Grewia subinaequalis DC. i. Large shrub/tree berry subgroup 13- group, entitled Edible Fungi, as Crop (Tiliaceae)); (29) Pincherry (Prunus 07-C. (Representative commodities. Group 21 and to include in this crop pensylvanica L. f. (Rosaceae)); (30) Elderberry or Mulberry) Bayberry; group 20 commodities in 12 fungi Riberry (Syzygium luehmannii Buffaloberry; Che; Chokeberry; families. (1) Blewitt (Lepista (Myrtaceae)); (31) Salal (Gaultheria Elderberry; Juneberry; Mountain pepper nuda(Bull.:Fr.) Cooke shallon Pursh (Ericaceae)); (32) berries; Mulberry; Phalsa; Pinchberry; (Tricholomataceae)); (2) Bunashimeji Schisandra berry (Schisandra chinensis Riberry; Serviceberry. (Hypsizygus marmoreus (Agaricaceae)); (Turcz.) Baill. (Schisandraceae)); (33) ii. Small fruit vine climbing subgroup (3) Chinese mushroom (Volvariella Sea buckthorn (Hippophae rhamnoides 13-07-D. (Representative commodities. volvacea (Bull.) Singer (Pluteaceae)); (4) L. (Eleagnaceae)); (34) Serviceberry Grape and Fuzzy kiwifruit) Amur river Enoke (Flammulina velutipes (Curt.) (Sorbus spp. (Rosaceae)); (35) grape; Gooseberry; Grape; Kiwifruit, Singer (Tricholomataceae)); (5) Hime- Strawberry (Fragaria x ananassa fuzzy; Kiwifruit, hardy; Maypop; Matsutake (Agaricus blazei Murill Duchesne, (Rosaceae)) and (36) Wild Schisandra berry. (Agaricaceae)); (6) Hirmeola raspberry (Rubus muelleri Lefevre ex iii. Small fruit vine climbing (Auricularia auricula P.J. Mull (Rosaceae)). subgroup, except grape 13-07-E. (Auriculariaceae)); (7) Maitake (Grifola The proposed addition of crops to this (Representative commodity. Fuzzy frondosa (Polyporaceae)); (8) Morel crop group is based on reasons similar kiwifruit) Amur river grape; Gooseberry; (Morchella spp. (Morchellaceae)); (9) to those for expanding the bulb Kiwifruit, fuzzy; Kiwifruit, hardy; Nameko (Pholiota nameko, vegetable group. Additionally, newer Maypop; Schisandra berry. (Strophariaceae)); (10) Net Bearing varieties of specialty berries and small iv. Small fruit vine climbing subgroup (Dictyophora Dictyophora indusiata fruits have become available for grower except fuzzy kiwifruit, Grape 13-07-F. (Phallaceae)); (11) Oyster Mushroom and homeowner use that were not (Representative commodity. Grape) (Pleurotus ostreatus (Jacq.) Kummer previously in this crop group. These Amur river grape; Grape; Kiwifruit, (Tricholomataceae)); (12) Pom Pom commodities have similarities in hardy; Maypop; Schisandra berry. (Hericium erinaceus (Hydnaceae)); (13) cultural practices, edible food portions v. Low growing berry subgroup 13-07- Reishi Mushroom (Ganoderma lucidum (mostly berries) and residue levels. G. (Reprensentative commodity. (Leyss. Fr.) Karst. (Ganodermataceae)); 2. Change the crop group name. EPA Strawberry) Bearberry; Bilberry; (14) Rodmans (Agaricus, Agaricus proposes to change the name of ‘‘Crop Blueberry, lowbush; Cloudberry; bitorquis (Quel.) Saccardo Group 13: Berries Group’’ to ‘‘Crop Cranberry; Lingonberry; Muntries; (Agaricaceae)); (15) Shiitake mushroom Group 13-07: Berry and small fruit Partridgeberry; Strawberry. (Lentinula edodes (Berk.) Pegl. group.’’ This name change reflects the vi. Low growing berry subgroup, (Polyporaceae)); (16) Shimeji addition of the new commodities to the except strawberry 13-07-H. (Tricholoma conglobatum, group. (Representative commodity. Cranberry) (Tricholomataceae)); (17) Stropharia 3. Revise the existing subgroups. EPA Bearberry; Bilberry; Blueberry, lowbush; (Stropharia spp. (Strophariaceae)) (18) is proposing that revised Crop Group Cloudberry; Cranberry; Ligonberry; Truffle Tuber spp. (Tuberaceae); (19) 13-07 have two subgroups. Subgroup Muntries; Partridgeberry. White button mushroom (Agaricus 13-07-A is similar to existing Subgroup Creation of subgroups provides bisporus (Lange) Imbach (Agaricaceae)) 13-A except that wild raspberry has flexibility in the establishment of crop and (20) White Jelly fungi (Tremella been added. Wild raspberry, like the group tolerances which can be fuciformis (Tremellaceae)). other members of this subgroup, is a important for international Edible Fungi Group 21 is proposed member of the genus ‘‘Rubus spp.,’’and harmonization. EPA has determined based on similarities in cultural edible the members of this genus have a that residue data on the designated food portions, residue levels,

VerDate Aug<31>2005 15:44 May 22, 2007 Jkt 211001 PO 00000 Frm 00030 Fmt 4702 Sfmt 4702 E:\FR\FM\23MYP1.SGM 23MYP1 cprice-sewell on PROD1PC71 with PROPOSALS Federal Register / Vol. 72, No. 99 / Wednesday, May 23, 2007 / Proposed Rules 28925

geographical locations, pest problems, idaeus (red and black ); and costs. Secondary beneficiaries are the fact that none of these crops are varieties and/or hybrids of these). pesticide registrants, who benefit used as animal feed items and for This proposed amendment will because expanded markets for international harmonization purposes. correct the scientific names to the pesticides products will lead to All members of this crop group are caneberry commodity definition and increased sales. The IR-4 Project and either grown in indoor structures under update the commodity terminology to EPA, which are publicly funded Federal very strict environmentally controlled conform to the ‘‘EPA Food and Feed government entities, will also more conditions or cultivated outdoors as a Commodity Vocabulary’’ rules for efficiently use resources as a result of crop. This new crop group will have no commodity terminology. the rule. EPA will also benefit from crop subgroup associated with it. The EPA proposes to establish a new broader operational efficiency gains, commodities grown in this proposed commodity definition in 40 CFR which result from fewer emergency crop group are principally grown in 180.1(g) for raspberry as follows: pesticide use requests from specialty other countries. This crop group will Raspberry = Rubus spp. (including crop growers, the ability to conduct risk provide the opportunity for domestic bababerry, black raspberry, blackcap, assessment based on crop grouping, growers to produce these high value caneberry, framboise, frambueso, greater ease of establishing import minor crops that are in demand, himbeere, keriberry, mayberry, red tolerances, greater capacity to assess particularly from immigrant populations raspberry, thimbleberry, tulameen, risks of pesticides used on crops not in the United States. yellow raspberry, and cultivars and/or grown in the United States, further EPA proposes to define the hybrids of these). harmonization of crop classification and representative commodities for the This proposed commodity definition nomenclature, harmonized commodity Edible Fungi Group 21 as: ‘‘White for raspberry will further clarify the import and export standards and button mushrooms and any one oyster cultivars of raspberry covered in the increased potential for resource sharing mushroom or any one Shiitake Caneberry subgroup. between EPA and other pesticide mushroom.’’ EPA proposes to delete from regulatory agencies. Revisions to the These proposed representative § 180.41(b) the terms: Mushroom; grape; crop grouping program will result in no commodities were chosen based on strawberry, and kiwifruit. appreciable costs or negative impacts to their production and economic These commodities were listed as not consumers, specialty crop producers, importance. The cultural practices, pest being in a crop group, but are now pesticide registrants, the environment or problems, and commercial production proposed to become crop group human health. of the different edible fungi are also members. Benefits of the proposed rule can be similar. Specialty mushrooms, which shown through an example of the IV. Statutory and Executive Order are expanding in the United States, will impact of the proposed changes to Crop Reviews be represented by the oyster or shiitake Group 3. The proposed rule expands mushroom. A. Executive Order 12866 Crop Group 3, Bulb Vegetables from 7 to 25 crops, an increase of 18 from the E. Technical Corrections Under Executive Order 12866, original crop group. The addition of EPA proposes that the misspelled entitled Regulatory Planning and these crops would greatly increase the commodity ‘‘Onion, Welch’’ in Crop Review (58 FR 51735, October 4, 1993), efficiency of IR-4 and EPA in registering Group 3 be corrected to ‘‘Onion, the Office of Management and Budget pesticides on specialty crops. Assuming Welsh’’. This correction will be made in (OMB) has designated this proposed that the crops added to the crop group pre-existing Crop Group 3. Additionally, rule as a not-significant regulatory require only one field trial to be granted EPA is proposing to list the action under section 3(f) of the a stand-alone registration (grown on a commodities in pre-existing Crop Group Executive Order. regional basis and few acres), to 3 in tabular form. EPA proposes to EPA prepared an analysis of the accomplish the same result without revise the commodity definitions under potential costs and benefits associated expanding Crop Group 3 would require 40 CFR 180.1(g) pertaining to onions with this action. This analysis is 18 field trials, at a cost of $5.4 million and adding an entry for garlic to clarify contained in ‘‘Economic Analysis ($300,000 per field trial) and the these definitions. The proposed changes Proposed Expansion of Crop Grouping administrative costs of both the IR-4 are: Program.’’ A copy of the analysis is testing process and the EPA review • Onion = Bulb onion, green onion, available in the docket and is briefly process. In addition, specialty crop and garlic. summarized here. producers will potentially gain access to • Onion, bulb = Bulb onion; garlic; This is a burden-reducing regulation. important pest control tools on 18 bulb great headed garlic; serpent garlic; Crop grouping has saved money by vegetable crops, consumers will benefit Chinese onion; pearl onion; potato permitting the results of pesticide from the potential for a cheaper, more onion; and shallot, bulb. exposure studies for one to be applied abundant and varied supply of bulb • Onion, green = Green onion; chive, to other, similar crops. The regulation vegetables, and pesticide registrants will fresh leaves; Chinese chive, fresh leaves; exploits the above opportunity for potentially enjoy greater sales. Kurrat; lady’s leek; leek; wild leek; saving money by expanding certain crop B. Paperwork Reduction Act Beltsville bunching onion; fresh onion; groups to include more crops. tree onion, tops; welsh; and shallot, The primary beneficiaries of the This action does not contain any new fresh leaves. regulation are minor crop producers and information collection requirements that • Garlic = Garlic, Great headed garlic, consumers. Specialty crop producers would need approval by OMB under the and serpent garlic. will benefit because lower registration provisions of the Paper Reduction Act EPA proposes to revise the costs will encourage more products to (PRA), 44 U.S.C. 3501 et seq. However, commodity definition in 40 CFR be registered on minor crops, providing the proposed rule is expected to reduce 180.1(g) for caneberries as follows: additional tools pest control. Consumers mandatory paperwork due to a • Caneberry = Rubus spp. (including will benefit by having a larger supply of reduction in required studies. The blackberry; (youngberry); imported and domestically produced proposed rule will have the effect of Rubus loganbaccus (loganberry); Rubus specialty produce at potentially lower reducing the number of residue

VerDate Aug<31>2005 15:44 May 22, 2007 Jkt 211001 PO 00000 Frm 00031 Fmt 4702 Sfmt 4702 E:\FR\FM\23MYP1.SGM 23MYP1 cprice-sewell on PROD1PC71 with PROPOSALS 28926 Federal Register / Vol. 72, No. 99 / Wednesday, May 23, 2007 / Proposed Rules

chemistry studies because fewer to growers for use on crops, particularly Distribution, or Use (66 FR 28355, May representative crops would need to be specialty crops. 22, 2001) because it is not designated as tested under a crop grouping scheme, an regulatory action as defined by D. Unfunded Mandates Reform Act than it would otherwise be required. Executive Order 12866 (see Unit IV.A.), EPA is interested in your comments Under Title II of the Unfunded nor is it likely to have any adverse effect on the estimated reductions as Mandates Reform Act of 1995 (UMRA) on the supply, distribution, or use of presented in the Economic Analysis (Public Law 104–4), EPA has energy. prepared for this proposed rule. Direct determined that this action does not I. National Technology Transfer and your comments to EPA using the public contain a Federal mandate that may Advancement Act docket that has been established for this result in expenditures of $100 million or proposed rule as described in more for State, local, and tribal Section 12(d) of the National ADDRESSES. The Agency will consider governments, in the aggregate, or the Technology Transfer and Advancement and address comments received as it private sector in any 1 year. Act of 1995 (NTTAA), (15 U.S.C. 272 develops the final rule. Accordingly, this rule is not subject to note) directs EPA to use voluntary the requirements of sections 202, 203, consensus standards in its regulatory C. Regulatory Flexibility Act 204, and 205 of UMRA. activities unless to do so would be Pursuant to section 605(b) of the E. Executive Order 13132 inconsistent with applicable law or Regulatory Flexibility Act (RFA), 5 impractical. Voluntary consensus U.S.C. 601 et seq., the Agency hereby Pursuant to Executive Order 13132, standards are technical standards (e.g., certifies that this rule will not have a entitled Federalism (64 FR 43255, materials specifications, test methods, significant adverse economic impact on August 10, 1999), EPA has determined and sampling procedures) that are a substantial number of small entities. that this proposed rule does not have developed or adopted by voluntary This proposed rule does not have any federalism implications, because it will consensus standards bodies. This direct adverse impacts on small not have substantial direct effects on the proposed rule does not impose any businesses, small non-profit states, on the relationship between the technical standards that would require organizations, or small local national government and the states, or EPA to consider any voluntary governments. on the distribution of power and consensus standards. For purposes of assessing the impacts responsibilities among the various J. Executive Order 12898 of today’s rule on small entities, small levels of government, as specified in the entity is defined as: (1) A small business Order. Thus, Executive Order 13132 Under Executive Order 12898, according to the small business size does not apply to this proposed rule. entitled Federal Actions to Address standards established by the Small F. Executive Order 13175 Environmental Justice in Minority Populations and Low-Income Business Administration (SBA); (2) a As required by Executive Order Populations (59 FR 7629, February 16, small governmental jurisdiction that is a 13175, entitled Consultation and 1994), the Agency has not considered government of a city, county, town, Coordination with Indian Tribal environmental justice-related issues school district or special district with a Governments (65 FR 67249, November because this proposed rule does not population of less than 50,000; and (3) 6, 2000), EPA has determined that this have an adverse impact on the a small organization that is any not-for- proposed rule does not have tribal environmental and health conditions in profit enterprise which is independently implications because it will not have low-income and minority communities. owned and operated and is not any affect on tribal governments, on the dominant in its field. relationship between the Federal List of Subjects in 40 CFR Part 180 In determining whether a rule has a government and the Indian tribes, or on Environmental protection, significant economic impact on a the distribution of power and substantial number of small entities, the Administrative practice and procedures, responsibilities between the Federal Pesticides and pests. impact of concern is any significant government and Indian tribes, as adverse economic impact on small specified in the Order. Thus, Executive entities, since the primary purpose of Dated: May 10, 2007. Order 13175 does not apply to this James B. Gulliford, the regulatory flexibility analyses is to proposed rule. identify and address regulatory Assistant Administrator for Prevention, alternatives ‘‘which minimize any G. Executive Order 13045 Pesticides and Toxic Substances. significant economic impact on of the Executive Order 13045, entitled Therefore, it is proposed that 40 CFR proposed rule on small entities’’ (5 Protection of Children from chapter I be amended as follows: U.S.C. sections 603 and 604). Thus, an Environmental Health Risks and Safety PART 180—[AMENDED] agency may certify that a rule will not Risks (62 FR 19885, April 23, 1997) does have a significant economic impact on not apply to this proposed rule because 1. The authority citation for part 180 a substantial number of small entities if this action is not designated as an would continue to read as follows: the rule relieves regulatory burden or economically significant regulatory Authority: 21 U.S.C. 321(q), 346a, and 371. otherwise has a positive economic action as defined by Executive Order effects on all of the small entities subject 12866 (see Unit IV.A.), nor does it 2. In the table to § 180.1(g) by revising to the rule. establish an environmental standard, or the entries for ‘‘Caneberries,’’ ‘‘Onions,’’ This proposed action provides otherwise have a disproportionate effect ‘‘Onions (dry bulb only),’’ and ‘‘Onions, regulatory relief and regulatory on children. green,’’ and by adding entries for flexibility because the new or expanded ‘‘Garlic,’’ and ‘‘Raspberry’’ to read as H. Executive Order 13211 crop groups ease the process for follows: pesticide manufacturers to obtain This proposed rule is not subject to pesticide tolerances on greater numbers Executive Order 13211, entitled Actions § 180.1 Definitions and interpretations. of crops and make it likely that Concerning Regulations that * * * * * pesticides will be more widely available Significantly Affect Energy Supply, (g) * * *

VerDate Aug<31>2005 15:44 May 22, 2007 Jkt 211001 PO 00000 Frm 00032 Fmt 4702 Sfmt 4702 E:\FR\FM\23MYP1.SGM 23MYP1 cprice-sewell on PROD1PC71 with PROPOSALS Federal Register / Vol. 72, No. 99 / Wednesday, May 23, 2007 / Proposed Rules 28927

A B

***** Caneberry ...... Rubus spp. (including blackberry; Rubus caesius (youngberry) Rubus loganbaccus (loganberry); (red and black raspberries); and varities and/or hybrids of these.

***** Garlic ...... Garlic, great headed garlic, and serpent garlic.

***** Onion ...... Bulb onion, green onion, and garlic.

Onion, bulb ...... Bulb onion: garlic; great headed garlic; serpent garlic; Chinese onion; pearl onion; potato onion; and shallot, bulb.

Onion, green ...... Green onion; lady’s leek; leek; wild leek; Beltsville bunching onion; fresh onion; tree onion, tops; Welsh, onion; and shallot, fresh leaves.

***** Raspberry ...... Rubus spp. (including bababerry, black raspberry, blackcap, caneberry, framboise, frambueso, himbeere, keriberry, mayberry, red raspberry, thimbleberry, tulameen, yellow raspberry, and cultivars and /or hybrids of these). *****

3. In § 180.40 by redesignating of the crop group that the pre-existing (3) Crop Group 3. Bulb Vegetables paragraph (j) as paragraph (k) and by name is no longer accurate. Once a (Allium spp.) Group. adding new paragraph (j) to read as revised crop group is established, EPA (i) Representative commodities. follows: will no longer establish tolerances Onion, green; and onion, dry bulb. under the pre-existing crop group. At (ii) Commodities. The following is a § 180.40 Tolerances for crop groups. appropriate times, EPA will amend * * * * * list of all the commodities in Crop tolerances for crop groups that have Group 3. (j) When EPA amends a crop group in been superseded by revised crop groups a manner that expands or contracts the to conform the pre-existing crop group CROP GROUP 3: BULB VEGETABLE commodities that are covered by the to the revised crop group. Once all of (ALLIUM SPP.) GROUP—COMMODITIES group, EPA will initially retain the pre- the tolerances for the pre-existing crop existing as well as the revised crop group have been updated, the pre- Garlic, bulb (Allium sativum) group in the CFR. The revised crop Garlic, great headed, (elephant) (Allium existing crop group will be removed ampeloprasum var. ampeloprasum) group will have the same number as the from the CFR. pre-existing crop group; however, the Leek (Allium ampeloprasum, A. porrum, A. * * * * * tricoccum) revised crop group number will be 4. Section 180.41 is amended by Onion, dry bulb and green (Allium cepa, A. followed by a hyphen and the final two removing the commodities: mushroom, fistulosum) digits of the year in which it was grape, strawberry, and kiwifruit from Onion, Welsh, (Allium fistulosum) established (e.g., if Crop Group 1 is paragraph (b); by revising paragraph Shallot (Allium cepa var. cepa) amended in 2007, the revised group will (c)(3) and by redesignating paragraphs be designated as Crop Group 1-07). If (4) Crop Group 3-07. Bulb Vegetables (c)(4) through (c)(19) as paragraphs Group. the pre-existing crop group had crop (c)(5) through (c)(20), respectively, and (i) Representative commodities. subgroups, these subgroups will be by adding a new paragraph (c)(4) to read Onion, bulb and onion, green. numbered in a similar fashion in the as follows: revised crop group. The name of the (ii) Table. The following Table 1 lists revised crop group will not be changed § 180.41 Crop group tables. all the commodities listed in Crop from the pre-existing crop group unless * * * * * Group 3-07 and identifies the related the revision so changes the composition (c) * * * crop subgroups.

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

Commodities Related crop subgroups

Chive, fresh leaves Allium schoenoprasum L...... 3-07-B Chive, Chinese, fresh leaves Allium tuberosum Rottler ex Spreng ...... 3-07-B Daylily, bulb Hemerocallis fulva (L.) L. var. fulva ...... 3-07-A Elegans hosta Hosta Sieboldiana (Hook.) Engl ...... 3-07-B Fritillaria, bulb Fritillaria L. fritillary ...... 3-07-A Fritillaria, leaves Fritillaria L. fritillary ...... 3-07-B Garlic, bulb Allium sativum L. var. sativum (A. sativum Common Garlic Group) ...... 3-07-A Garlic, great headed, bulb Allium ampeloprasum L. var. ampeloprasum (A. ampeloprasum Great-headed Garlic Group) ...... 3-07-A Garlic, Serpent, bulb Allium sativum var. ophioscorodon (or A. sativum Ophioscorodon Group) ...... 3-07-A Kurrat Allium kurrat Schweinf. Ex. K. Krause (or A. ampeloprasum Kurrat Group) ...... 3-07-B Lady’s leek Allium cernuum Roth ...... 3-07-B Leek Allium porrum L. (syn:A. ampeloprasum L. var. porrum (L.) J. Gay) (A.ampeloprasum Leek Group) ...... 3-07-B

VerDate Aug<31>2005 15:44 May 22, 2007 Jkt 211001 PO 00000 Frm 00033 Fmt 4702 Sfmt 4702 E:\FR\FM\23MYP1.SGM 23MYP1 cprice-sewell on PROD1PC71 with PROPOSALS 28928 Federal Register / Vol. 72, No. 99 / Wednesday, May 23, 2007 / Proposed Rules

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

Commodities Related crop subgroups

Leek, wild Allium tricoccum Aiton ...... 3-07-B Lily, bulb Lilium spp. (Lilium Leichtlinii var maximowiczii, Lilium lancifolium) ...... 3-07-A Onion, Beltsville bunching Allium x proliferum (Moench) Schrad. (syn: Allium fistulosum L. x A. cepa L.) ...... 3-07-B Onion, bulb Allium cepa L. var. cepa (A. cepa Common Onion Group) ...... 3-07-A Onion, Chinese, bulb Allium chinense G. Don. (syn: A. bakeri Regel) ...... 3-07-A Onion, fresh Allium fistulosum L. var. caespitosum Makino ...... 3-07-B Onion, green Allium cepa L. var. cepa (A. cepa Common Onion Group) ...... 3-07-B Onion, macrostem Allium macrostemom Bunge ...... 3-07-B Onion, Pearl Allium porrum var. sectivum (or A. ampeloprasum Pearl Onion Group) ...... 3-07-A Onion, potato, bulb Allium cepa L. var. aggregatum G. Don. (A. cepa Aggregatum Group) ...... 3-07-A 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.) ...... 3-07-B Onion, Welsh, tops Allium fistulosum L...... 3-07-B Shallot, bulb Allium cepa var. aggregatum G. Don ...... 3-07-A Shallot, fresh leaves Allium cepa var. aggregatum G. Don ...... 3-07-B

(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 3-07-A. Onion, bulb, subgroup ...... Daylily, bulb; Fritillaria, bulb; Garlic, bulb; Garlic, great-headed, bulb; Garlic, Serpent, bulb; Lily, bulb; Onion, bulb; Onion, Chinese, bulb; Onion, Pearl; Onion, potato, bulb; Shallot, bulb.

CROP SUBGROUP 3-07-B. Onion, green, subgroup ...... Chive, fresh leaves; Chive, Chinese, fresh leaves; Elegans hosta; Fritillaria, leaves; Kurrat; Lady’s leek; Leek; Leek, wild; Onion, Beltsville bunching; Onion, fresh; Onion, green; Onion, macrostem; Onion, tree, tops; Welsh onion; Shallot, fresh leaves.

* * * * * § 180.41 Crop group tables. mulberry; grape; kiwifruit, fuzzy; and 5. Section 180.41 is further amended * * * * * strawberry. by redesignating newly redesignated (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. respectively, and by adding a new (i) Representative commodities. Any Group 13-07 and identifies the related paragraph (c)(15), and paragraph (c)(22) one blackberry or any one raspberry; crop subgroups. 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) ...... 13-07-D 13-07-E 13-07-F Aronia berry (Aronia spp.) ...... 13-07-B Bayberry (Myrica spp.) ...... 13-07-C Bearberry (Arctostaphylos uva-ursi) ...... 13-07-G 13-07-H Bilberry (Vaccinium myrtillus L.) ...... 13-07-G 13-07-H Blackberry (Rubus spp.) (including Andean blackberry, arctic blackberry, bingleberry, black satin berry, boysen- berry, brombeere, California blackberry, Chesterberry, Cherokee blackberry, Cheyenne blackberry, common blackberry, coryberry, darrowberry, , Dirksen thornless berry, evergreen blackberry, Himalayaberry, hullberry, lavacaberry, loganberry, lowberry, Lucretiaberry, mammoth blackberry, , mora, mures deronce, nectarberry, Northern dewberry, , Oregon evergreen berry, phenomenalberry, rangeberry, ravenberry, rossberry, Shawnee blackberry, Southern dewberry, , youngberry, zarzamora, and cultivars and/or hybrids of these ...... 13-07-A Blueberry, highbush (Vaccinium spp.) ...... 13-07-B Blueberry, lowbush (Vaccinium angustifolium Aiton) ...... 13-07-B Buffalo currant (Ribes aureum Pursh) ...... 13-07-B Buffaloberry (Shepherdia argentea (Pursh) Nutt.) ...... 13-07-C Che (Cudrania tricuspidata Bur. Ex Lavallee ...... 13-07-C Chilean guava (Myrtus ugni Mol.) ...... 13-07-B Chokecherry (Prunus virginiana L.) ...... 13-07-C

VerDate Aug<31>2005 15:44 May 22, 2007 Jkt 211001 PO 00000 Frm 00034 Fmt 4702 Sfmt 4702 E:\FR\FM\23MYP1.SGM 23MYP1 cprice-sewell on PROD1PC71 with PROPOSALS Federal Register / Vol. 72, No. 99 / Wednesday, May 23, 2007 / Proposed Rules 28929

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

Commodities Related crop subgroups

Cloudberry (Rubus chamaemorus L.) ...... 13-07-G 13-07-H Cranberry (Vaccinium macrocarpon Aiton) ...... 13-07-G 13-07-H Currant, black (Ribes nigrum L.) ...... 13-07-B Currant, red (Ribes rubrum L.) ...... 13-07-B Elderberry (Sambucus spp.) ...... 13-07-B 13-07-C European barberry (Berberis vulgaris L.) ...... 13-07-B Gooseberry (Ribes spp.) ...... 13-07-B 13-07-D 13-07-E Grape (Vitis spp.) ...... 13-07-D 13-07-F Highbush cranberry (Viburnum opulus L. var. Americanum Aiton) ...... 13-07-B Honeysuckle, edible (Lonicera caerula L. var. emphyllocalyx Nakai, Lonicera carrula L var. edulis Turcz. Ex herder) ...... 13-07-B Huckleberry (Gaylussacia spp.) ...... 13-07-B Jostaberry (Ribes x nidigrolaria Rud. Bauer & A. Bauer) ...... 13-07-B Juneberry, Saskatoon berry (Amelanchier spp.) ...... 13-07-B 13-07-C Kiwifruit, fuzzy (Actinidia deliciosa A. Chev.) C.F. Liang & A.R. Ferguson) ...... 13-07-D 13-07-E Kiwifruit, hardy (Actinidia arguta (Siebold & Zucc.) Planch. Ex Miq) ...... 13-07-D 13-07-E 13-07-F Lingonberry (Vaccinium vitis-idaea L.) ...... 13-07-B 13-07-G 13-07-H Maypop (Passiflora incarnata L.) ...... 13-07-E 13-07-F Mountain pepper berries (Tasmannia lanceolata) ...... 13-07-C Mulberry Morus spp.) ...... 13-07-C Muntries (Kunzea pomifera) ...... 13-07-G 13-07-H Native currant (Acrotriche depressa) ...... 13-07-B Partridgeberry (Mitchella repens L.) ...... 13-07-G 13-07-H Phalsa (Grewia subinaequalis DC.) ...... 13-07-C Pincherry (Prunus pensylvanica L.f.) ...... 13-07-C Raspberry, black and red (Rubus spp.) ...... 13-07-A Riberry (Syzygium luehmannii) ...... 13-07-C Salal (Gaultheria shallon Pursh) ...... 13-07-B 13-07-C Schisandra berry (Schisandra chinensis (Turcz.) Baill ...... 13-07-D 13-07-E Sea buckthorn (Hippophae rhamnoides L.) ...... 13-07-B Serviceberry (Sorbus spp.) ...... 13-07-C Strawberry (Fragaria x ananassa Duchesne) ...... 13-07-G Wild raspberry (Rubus muelleri Lefevre ex P.J. Mull) ...... 13-07-A

(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.

VerDate Aug<31>2005 15:44 May 22, 2007 Jkt 211001 PO 00000 Frm 00035 Fmt 4702 Sfmt 4702 E:\FR\FM\23MYP1.SGM 23MYP1 cprice-sewell on PROD1PC71 with PROPOSALS 28930 Federal Register / Vol. 72, No. 99 / Wednesday, May 23, 2007 / Proposed Rules

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

Representative commodities Commodities

Crop Subgroup 13-07-A. Caneberry Blackberry; Raspberry, red and black; wild raspberry; loganberry; cultivars and/or hybrids of these. subgroup.

Crop Subgroup 13-07-B. Bushberry Aronia, berry; blueberry, highbush, and cultivars and/or hybrids of these; blueberry, lowbush; currant, subgroup. buffalo; Chilean,guava; currant, black; and currant, red; elderberry, European, barberry; gooseberry; cranberry, highbush; Honeysuckle, edible; Huckleberry; jostaberry; Juneberry: lingonberry; Native, cur- rant; salal; Sea, buckthorn.

Crop Subgroup 13-07-C. Large shrub/ Bayberry; Buffaloberry; che; chokecherry; elderberry; Juneberry; Mountain pepper, berries; mulberry; tree berry subgroup. Phalsa; pincherry; riberry; salal; serviceberry.

Crop Subgroup 13-07-D. Small fruit Amur river grape; gooseberry; grape; kiwifruit, fuzzy; kiwifruit, hardy; Maypop, Schisandra berry. vine climbing subgroup.

Crop Subgroup 13-07-E. Small fruit Amur river grape; gooseberry; kiwifruit, fuzzy; kiwifruit, hardy; Maypop; schisandra berry. vine climbing subgroup, except grape.

Crop Subgroup 13-07-F. Small fruit Amur river grape; grape, Kiwifruit, hardy; maypop; schisandra berry. vine climbing subgroup except fuzzy kiwifruit.

Crop Subgroup 13-07-G. Lowgrowing Bearberry; bilberry; blueberry,lowbush; cloudberry; cranberry; lingonberry; muntries; partridgeberry; berry subgroup. strawberry

Crop Subgroup 13-07-H. Lowgrowing Bearberry; bilberry; blueberry, lowbush; cloudberry; cranberry; lingonberry; muntries; partridgeberry. berry subgroup, except strawberry.

* * * * * CROP GROUP 21: EDIBLE FUNGI DEPARTMENT OF HEALTH AND (22) Crop Group 21. Edible fungi GROUP—COMMODITIES HUMAN SERVICES Group. Blewitt, Lepista nuda (Tricholomataceae) Centers for Medicare & Medicaid Bunashimeji, Hypsizygus marrmoreus (i) Representative commodities. White Services button mushroom and any one oyster (Agaricaceae) Chinese mushroom, Volvariella volvacea mushroom or any Shiitake mushroom. (Bull.) Singer (Pluteaceae) 42 CFR Parts 438 and 447 (ii) Table. The following is a list of all Enoki, Flammulina velutipes (Curt.) Singer [CMS–2279–P] the commodities in Crop Group 21. (Tricholomataceae) There are no related subgroups. Hime-Matsutake, Agaricus blazei Murill RIN 0938–A095 (Agaricaeae) Hirmeola, Auricularia auricular Medicaid Program; Graduate Medical (Auricularicaceae) Education Maitake, Grifola frondosa (Polyporaceae) AGENCY: Centers for Medicare & Morel, Morchella spp. (Morchellaceae) Medicaid Services (CMS), HHS. Nameko, Pholiota nameko, (Strophariaceae) ACTION: Net Bearing Dictyophora, Dictyophora Proposed rule. indusiata (Phallaceae) SUMMARY: This proposed rule would Oyster mushroom, Pleurotus spp. clarify that costs and payments (Tricholomataceae) associated with Graduate Medical Pom Pom, Hericium erinaceus (Hydnaceae) Education programs are not Reishi mushroom, Ganoderma lucidum (Leyss. Fr.) Karst. (Ganodermataceae) expenditures for medical assistance that Rodman’s agaricus, Agaricus bitorquis are federally reimbursable under the (Quel.) Saccardo (Agaricaceae) Medicaid program. Shiitake mushroom, Lentinula edodes (Berk.) DATES: Comment date: To be assured Pegl. (Polyporaceae) consideration, comments must be Shimeji, Tricholoma conglobatum, received at one of the addresses (Tricholomataceae) provided below, no later than 5 p.m. on Stropharia, Stropharia spp. (Strophariaceae) June 22, 2007. Truffle, Tuber spp. (Tuberaceae) ADDRESSES: In commenting, please refer White button mushroom, Agaricus bisporous to file code CMS–2279–P. Because of (Lange) Imbach (Agaricaceae) staff and resource limitations, we cannot White Jelly Fungi, Tremella fuciformis (Tremellaceae) accept comments by facsimile (Fax) transmission. [FR Doc. E7–9595 Filed 5–22–07; 8:45 am] You may submit comments in one of BILLING CODE 6560–50–S four ways (no duplicates, please): 1. Electronically. You may submit electronic comments on specific issues

VerDate Aug<31>2005 15:44 May 22, 2007 Jkt 211001 PO 00000 Frm 00036 Fmt 4702 Sfmt 4702 E:\FR\FM\23MYP1.SGM 23MYP1 cprice-sewell on PROD1PC71 with PROPOSALS