[Federal Register Volume 75, Number 3 (Wednesday, January 6, 2010)]
[Proposed Rules]
[Pages 807-816]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E10-31397]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2006-0766; FRL-8801-2]
RIN 2070-AJ28


Pesticide Tolerance Crop Grouping Program II; Revision to General 
Tolerance Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

SUMMARY: EPA is proposing revisions to its pesticide tolerance crop 
grouping regulations, which allow establishment of tolerances for 
multiple related crops, based on data from a representative set of 
crops. The present revision would create a new crop group for oilseeds, 
expand existing crop groups by adding new commodities, establish new 
crop subgroups, and revise the representative crops in some groups. EPA 
expects these revisions to promote greater use of crop groupings for 
tolerance-setting purposes and, in particular, will assist in making 
available lower risk pesticides for minor crops both domestically and 
in countries that export food to the United States. This is the second 
in a series of planned crop group updates expected to be proposed over 
the next several years. EPA is also proposing to delete 40 CFR 180.1(h) 
which addresses when tolerances apply to post-harvest uses.

DATES: Comments must be received on or before March 8, 2010.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2006-0766, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public 
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania 
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P), 
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South 
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only 
accepted during the Docket Facility's normal hours of operation (8:30 
a.m. to 4 p.m., Monday through Friday, excluding legal holidays). 
Special arrangements should be made for deliveries of boxed 
information. The Docket Facility telephone number is (703) 305-5805.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2006-0766. EPA's policy is that all comments received will be included 
in the docket without change and may be made available on-line at 
http://www.regulations.gov, including any personal information 
provided, unless the comment includes information claimed to be 
Confidential Business Information (CBI) or other information whose 
disclosure is restricted by statute. Do not submit information that you 
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The regulations.gov website is an ``anonymous access'' system, 
which means EPA will not know your identity or contact information 
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through regulations.gov, 
your e-mail address will be automatically captured and included as part 
of the comment that is placed in the docket and made available on the 
Internet. If you submit an electronic comment, EPA recommends that you 
include your name and other contact information in the body of your 
comment and with any disk or CD-ROM you submit. If EPA cannot read your 
comment due to technical difficulties and cannot contact you for 
clarification, EPA may not be able to consider your comment. Electronic 
files should avoid the use of special characters, any form of 
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the docket index 
available at http://www.regulations.gov. Although listed in the index, 
some information is not publicly available, e.g., CBI or other 
information whose disclosure is restricted by statute. Certain other 
material, such as copyrighted material, is not placed on the Internet 
and will be publicly available only in hard copy form. Publicly 
available docket materials are available either in the electronic 
docket at http://

[[Page 808]]

www.regulations.gov, or, if only available in hard copy, at the OPP 
Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South Bldg.), 
2777 S. Crystal Dr., Arlington, VA. The hours of operation of this 
Docket Facility are from 8:30 a.m. to 4 p.m., Monday through Friday, 
excluding legal holidays. The Docket Facility telephone number is (703) 
305-5805.

FOR FURTHER INFORMATION CONTACT: Ram[eacute] Cromwell, Field and 
External Affairs Division, Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (703) 308-9068; fax number: (703) 305-5884; e-
mail address: [email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are an 
agricultural producer, food manufacturer. Potentially affected entities 
may include, but are not limited to: Crop production (NAICS code 111), 
e.g., agricultural workers; greenhouse, nursery, and floriculture 
workers; farmers.
    Animal production (NAICS code 112), e.g., cattle ranchers and 
farmers, dairy cattle farmers, livestock farmers.
    Food manufacturing (NAICS code 311), e.g., agricultural workers; 
farmers; greenhouse, nursery, and floriculture workers; ranchers; 
pesticide applicators.
    Pesticide manufacturing (NAICS code 32532), e.g., agricultural 
workers; commercial applicators; farmers; greenhouse, nursery, and 
floriculture workers; residential users.
    This listing is not intended to be exhaustive, but rather provides 
a guide for readers regarding entities likely to be affected by this 
action. Other types of entities not listed in this unit could also be 
affected. The North American Industrial Classification System (NAICS) 
codes have been provided to assist you and others in determining 
whether this action might apply to certain entities. If you have any 
questions regarding the applicability of this action to a particular 
entity, consult the person listed under FOR FURTHER INFORMATION 
CONTACT.

B. What Should I Consider as I Prepare My Comments for EPA?

    1. Submitting CBI. Do not submit this information to EPA through 
regulations.gov or e-mail. Clearly mark the part or all of the 
information that you claim to be CBI. For CBI information in a disk or 
CD-ROM that you mail to EPA, mark the outside of the disk or CD-ROM as 
CBI and then identify electronically within the disk or CD-ROM the 
specific information that is claimed as CBI. In addition to one 
complete version of the comment that includes information claimed as 
CBI, a copy of the comment that does not contain the information 
claimed as CBI must be submitted for inclusion in the public docket. 
Information so marked will not be disclosed except in accordance with 
procedures set forth in 40 CFR part 2.
    2. Tips for preparing your comments. When submitting comments, 
remember to:
    i. Identify the document by docket ID number and other identifying 
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to 
specific questions or organize comments by referencing a Code of 
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and 
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information 
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you 
arrived at your estimate in sufficient detail to allow for it to be 
reproduced.
    vi. Provide specific examples to illustrate your concerns and 
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of 
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period 
deadline identified.

II. Background

A. Tolerance-Setting Requirements and Petition from Inter-regional 
Research Project Number 4 Program to Expand the Existing Crop Grouping 
System

    EPA is authorized to establish maximum residue limits or 
``tolerances'' for pesticide chemical residues in food under section 
408 of the Federal Food, Drug and Cosmetic Act (FFDCA) (21 U.S.C. 
346a). EPA establishes pesticide tolerances only after determining that 
aggregate exposure to the pesticide is safe. The U.S. Food and Drug 
Administration and the U.S. Department of Agriculture together enforce 
compliance with tolerance limits.
    Traditionally, tolerances are established for a specific pesticide/
commodity combination. However, under EPA's crop grouping regulation 
(40 CFR 180.41) a single tolerance may be established that applies to a 
group of related commodities. For example, the citrus crop group covers 
11 different citrus fruits including oranges, grapefruit, lemons, and 
limes among others. Crop group tolerances may be established based on 
residue data only on designated representative commodities within the 
group. Representative commodities are selected based on EPA's 
determination that they are likely to bear the maximum level of residue 
that could occur on any crop within the group. Once the group tolerance 
is established, the tolerance level applies to all agricultural 
commodities within the group. It is also possible to request a crop 
group tolerance with a particular member of the crop excluded. An 
example of exclusion to a crop group would be a tolerance for the Stone 
Fruit group 12, except peach. In this crop group, residue data for 
cherry and plum are used to establish a group tolerance for the stone 
fruit group, except peach. Exclusions are requested when variations in 
residue levels within a group for a particular pesticide make a crop 
group tolerance otherwise inappropriate. See 40 CFR 180.40(h).
    This proposed rule is the second in a series of planned crop group 
revisions expected to be completed over the next several years. 
Specific information regarding the history of the crop group 
regulations, the previous amendments to the regulations and the process 
for revising crop groups can be found in the Federal Register of 
December 7, 2007 (72 FR 69150). Specific information regarding how the 
Agency implements crop group revisions can be found in the 40 CFR 
180.40(j).
    Today's proposal is based upon four petitions developed by the 
International Crop Groupings Consulting Committee (ICGCC) workgroup and 
submitted to EPA by a nation-wide cooperative effort called the Inter-
regional Research Project Number 4 (IR-4). These petitions and the 
monographs supporting them have been included in the docket for the 
proposed rule. EPA expects that a series of additional petitions 
seeking amendments and changes to the crop groupings regulations (40 
CFR 180.41) will originate from the ICGCC workgroup over the next few 
years.

B. International Considerations

    1. NAFTA partner involvement in this proposal. EPA's Chemistry 
Science Advisory Council (ChemSAC), an internal Agency peer review 
committee, provided a detailed analysis for each proposed crop group to 
Canada's Pest Management Regulatory Agency (PMRA), IR-4, and the 
government of

[[Page 809]]

Mexico for their review and comment and invited these parties to 
participate in the ChemSAC meeting to finalize the recommendation of 
the petitions. PMRA has indicated that it will in parallel with the 
United States (U.S.) effort and under the authority of Canada's Pest 
Control Products (PCP) Act (2002) establish equivalent crop groups. 
Once the new or updated crop groups become effective in the United 
States, Mexico will have them as a reference for the establishment of 
maximum residue limits in Mexico.
    EPA will provide a ``reviewer's guide'' describing the crop 
grouping amendments and explaining how to express the changes to the 
crop group in the Federal Register to IR-4 and PMRA in support of 
implementation and to inform the regulatory community.
    2. Relationship of this proposal to Codex activities. The 
delegations of the United States and Canada to the Codex Committee on 
Pesticide Residues (CCPR) continued efforts in 2009 to harmonize the 
NAFTA crop groups and representative commodities with those being 
developed by Codex as part of their revision of the Codex 
Classification of Foods and Feeds. Canada, the United States, and IR-4 
are working closely with the chair of the Codex group (Netherlands and 
the United States) to coordinate the U.S. crop group revisions with the 
revised crop groups going into Codex. The goals are to expand the crops 
in each group to include numerous minor crops, to minimize differences 
within and among the United States and Codex groups, and to develop 
representative commodities for each group that will be acceptable on an 
international basis. To date, CCPR has advanced eight crop groups in 
the adoption process.

C. Specific Revisions--Phasing out Pre-existing Crop Groups

    This section explains the revisions to the crop group regulations 
in the first final rule dated December 7, 2007 (72 FR 69150) and should 
be used for guidance.
    EPA has amended the generic crop group regulations to include an 
explicit scheme for how revised crop groups will be organized in the 
regulations.
    In brief, the regulations now specify that when a crop group is 
amended in a manner that expands or contracts its coverage of 
commodities, EPA will: (1) Retain the pre-existing crop group in 40 CFR 
180.41; (2) insert the revised crop group immediately after the pre-
existing crop group in 40 CFR 180.41; and (3) title the revised crop 
group in a way that clearly differentiates it from the pre-existing 
crop group. The revised crop group will retain roughly the same name 
and number as the pre-existing group except that the number will be 
followed by a hyphen and the final two digits of the year it is 
established. Where additions to a crop group make the pre-existing crop 
group name misleading, EPA will amend the name as well as the number. 
For example, today EPA is proposing to revise Crop Group 8: Fruiting 
Vegetables Group (Except Cucurbits). The revised group will be titled 
Crop Group 8-09: Fruiting Vegetable Group.
    Tolerances established for revised crop groups will include the new 
number (and new name, if applicable) so that it is apparent on the face 
of the tolerance regulation what commodities are covered. Similarly, it 
will be clear what tolerances for pre-existing crop groups are covered 
since these existing tolerance regulations use the pre-existing crop 
group names.
    Although EPA will initially retain pre-existing crop groups that 
have been superseded by revised crop groups, EPA will not establish new 
tolerances under the pre-existing groups. Further, EPA plans to 
eventually convert tolerances for any pre-existing crop groups to 
tolerances with the coverage of the revised crop group. This conversion 
will be effected both through the registration review process and in 
the course of establishing new tolerances for a pesticide. To this end, 
EPA requests that petitioners for tolerances address this issue in 
their petitions. For example, assuming EPA adopts the amendment to Crop 
Group 8: Fruiting Vegetables (Except Cucurbits.), any tolerance 
petition for a pesticide that has a Group 8 tolerance should include a 
request that the Group 8 tolerance be amended to a Group 8-09 
tolerance, since the representative commodities are equivalent. When 
all crop group tolerances for a superseded crop group have been revised 
or removed, EPA will remove the superseded group from Sec.  180.41.

III. Specific Proposed Revisions

A. Crop Group 8-09 Fruiting Vegetables Group

    EPA is proposing to revise the fruiting vegetables crop group in 
the following manner.
    1. Change name. EPA proposes to change the pre-existing name Crop 
Group 8, Fruiting Vegetables (Except Cucurbits) by dropping the 
parenthetical ``(Except Cucurbits).'' The term ``Except Cucurbits'' is 
not necessary in the group name because cucurbits are not included in 
the listed commodities for the group; this parenthetical has not been 
used for establishing tolerances for this fruiting vegetables group 
since 2002, and cucurbits have their own crop group specifically 
labeled the ``Crop Group 9: Cucurbits Vegetable Group,'' 40 CFR 
180.41(c)(10).
    2. Add commodities. EPA proposes to amend the existing Crop Group 8 
by expanding it from 6 to 21 commodities. The existing crop group 
consists of the following six commodities: (1) Eggplant, Solanum 
melongena; (2) Ground cherry, Physalis spp.; (3) Pepino, Solanum 
muricatum; (4) Pepper, Capsicum spp., includes bell pepper, chili 
pepper, cooking pepper, pimento, sweet pepper; (5) Tomatillo, Physalis 
ixocarpo; (6) Tomato, Lycopersicum esculentum.
    EPA proposes to expand Crop Group 8-09 to include 15 commodities as 
follows: (1) African eggplant, Solanum macrocarpon L.; (2) Bush tomato, 
Solanum centrale J.M. Black; (3) Cocona, Solanum sessiliflorum Dunal; 
(4) Currant tomato, Lycopersicon pimpinellifolium (L.) Mill.; (5) 
Garden huckleberry, Solanum scabrum Mill.; (6) Goji berry, Lycium 
barbarum L.; (7) Martynia, Proboscidea louisianica (Mill.) Thell.; (8) 
Naranjilla, Solanum quitoense Lam.; (9) Okra, Abelmoschus esculentus 
(L.) Moench; (10) Pea eggplant, Solanum torvum Sw.; (11) Pepper, 
nonbell, Capsicum Chinese Jacq., C. annuum L. var. annuum , C. 
frutescens L., C. baccatum L., C. pubescens Ruiz & Pav., Capsicum spp.; 
(12) Roselle, Hibiscus sabdariffa L.; (13) Scarlet eggplant, Solanum 
aethiopicum L.; (14) Sunberry, Solanum retroflexum Dunal; (15) Tree 
tomato, Solanum betaceum Cav.; including cultivars, varieties and/or 
hybrids of these commodities.
    Commodities are being added to this crop group based on 
similarities and characteristics of Solanaceae or the Nightshade plant 
family which includes most of the fruiting vegetable group. These added 
crops have similar cultural practices, edible food portions, 
geographical locations, pest problems, established tolerances and 
similar exposure to residue levels.
    Additionally, increased demand for these fruiting vegetables by 
U.S. growers and consumers has led to increased production of these 
commodities in the United States and this increased production has led 
to heightened demand for pesticides for a wide range of fruiting 
vegetables. Expanding the crop group will facilitate pesticide 
availability for fruiting vegetables. Increasing the variety of 
available pesticides for a crop enables U.S. growers to develop 
integrated pest

[[Page 810]]

management programs (IPM), which can minimize pest resistance.
    3. Change the names of representative commodities. EPA proposes to 
change the name of the representative commodity for the crop group 
``one cultivar of non-bell pepper'' by deleting the hyphen from the 
term non-bell pepper. This change merely adopts current commodity 
vocabulary designations.
    4. Create crop subgroups. EPA proposes to add three crop subgroups 
to the revised crop group. The subgroups are:
    i. Subgroup 8-09A. Tomato subgroup. Representative commodity. 
Tomato, standard size and one cultivar of small tomato. Eleven 
commodities are included in this subgroup: Bush tomato; Cocona; Currant 
tomato; Garden huckleberry; Goji berry; Groundcherry; Naranjilla; 
Sunberry; Tomatillo; Tomato; Tree tomato; including cultivars, 
varieties and/or hybrids of these commodities.
    ii. Subgroup 8-09B. Pepper/Eggplant subgroup. Representative 
commodities. Bell pepper and one cultivar of nonbell pepper. Ten 
commodities are included in this subgroup: African eggplant; Bell 
pepper; Eggplant; Martynia; Nonbell pepper; Okra; Pea eggplant; Pepino; 
Roselle; Scarlet eggplant; including cultivars, varieties and/or 
hybrids of these commodities.
    iii. Subgroup 8-09C. Nonbell Pepper/Eggplant subgroup. 
Representative commodities. One cultivar of small nonbell pepper or one 
cultivar of small eggplant. Nine commodities are included in this 
subgroup: African eggplant; Martynia; Eggplant; Nonbell pepper; Okra; 
Pea eggplant; Pepino; Roselle; Scarlet eggplant; including cultivars, 
varieties and/or hybrids of these commodities.
    The creation of these subgroups and the choice of representative 
commodities for these subgroups are based on similarities in pest 
pressures, cultural practices, and the edible portion of the commodity. 
EPA has also determined that residue data on the designated 
representative crops will provide adequate information on residue 
levels in crops and subgroups.
    Subgroups will provide flexibility in the establishment of crop 
group tolerances which can be important for international 
harmonization. Tomatoes and peppers are the most commonly grown 
fruiting vegetable in the world and are increasing in popularity. They 
are used in various ethnic cuisines and per capita consumption has also 
increased.

B. Crop Group 10-09 Citrus Fruit Group

    EPA is proposing to revise and expand the citrus crop group. EPA 
will retain pre-existing Crop Group 10 and title the revised group as 
Crop Group 10-09.
    1. Add commodities. Crop Group 10 currently contains the following 
12 commodities: (1) Calamondin, Citrus mitis x Citrofortunella mitis; 
(2) Citrus citron, Citrus medica; (3) Citrus hybrids, Citrus spp. 
includes chironja, tangelo, tangor; (4) Grapefruit, Citrus paradisi; 
(5) Kumquat, Fortunella spp.; (6) Lemon, Citrus jambhiri, Citrus limon; 
(7) Lime, Citrus aurantiifolia; (8) Mandarin (tangerine), Citrus 
reticulata; (9) Orange, sour, Citrus aurantium; (10) Orange, sweet, 
Citrus sinensis; (11) Pummelo, Citrus grandis, Citrus maxima; (12) 
Satsuma mandarin, Citrus unshiu.
    EPA proposes to expand Crop Group 10-09 to include 16 commodities 
as follows: (1) Australian desert lime, Eremocitrus glauca (Lindl.) 
Swingle; (2) Australian finger lime, Microcitrus australasica (F. 
Muell.) Swingle; (3) Australian round lime, Microcitrus australis (A. 
Cunn. ex Mudie) Swingle; (4) Brown River finger lime, Microcitrus 
papuana Winters; (5) Japanese summer grapefruit, Citrus natsudaidai 
Hayata; (6) Mediterranean Mandarin, Citrus deliciosa Ten; (7) Mount 
White lime, Microcitrus garrowayae (F. M. Bailey) Swingle; (8) New 
Guinea wild lime, Microcitrus warburgiana (F. M. Bailey) Tanaka; (9) 
Russell River lime, Microcitrus inodora (F. M. Bailey) Swingle; (10) 
Sweet lime, Citrus limetta Risso; (11) Tachibana orange, Citrus 
tachibana (Makino) Tanaka; (12) Tahiti Lime, Citrus latifolia (Yu. 
Tanaka) Tanaka; (13) Tangerine (Mandarin), Citrus reticulata Blanco; 
(14) Tangor, Citrus nobilis lour. (15) Trifoliate orange, Poncirus 
trifoliata (L.) Raf.; (16) Uniq fruit, Citrus aurantium Tangelo group; 
including cultivars, varieties and/or hybrids of these.
    The proposed addition of crops to this crop group is based on 
similarities and characteristics of the Rutaceae plant family. These 
added crops are all citrus fruits, have similar cultural practices, 
edible food portions, residue levels, geographical locations, pest 
problems and established tolerances.
    2. Change the crop group name. EPA proposes to change the name of 
``Crop Group 10: Citrus Fruits Group (Citrus spp., Fortunella spp.)'' 
to ``Crop Group 10-09: Citrus Fruit Group''. The name change reflects 
the addition of the new commodities to the group in that it includes 
commodities other than Fortunella spp.
    3. Create new subgroups. EPA proposes to add three new subgroups to 
revised Crop Group 10-09 as follows:
    i. Orange Subgroup 10-09A. Representative commodities. Orange or 
Tangerine/Mandarin. Twelve commodities are included in this subgroup: 
Calamondin; Citron; Citrus hybrids; Mediterranean Mandarin; Orange, 
sour; Orange, sweet; Satsuma mandarin; Tachibana orange; Tangelo; 
Tangerine (Mandarin); Tangor; Trifoliate orange; including cultivars, 
varieties and/or hybrids of these.
    ii. Lemon/Lime Subgroup 10-09B. Representative commodities. Lemon 
or Lime. Twelve commodities are included in this subgroup: 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; including cultivars, 
varieties and/or hybrids of these.
    iii. Grapefruit Subgroup 10-09C. Representative commodity. 
Grapefruit. Five commodities are included in this subgroup: Grapefruit; 
Japanese summer grapefruit; Pummelo; Tangelo; Uniq fruit; including 
cultivars, varieties and/or hybrids of these.
    The creation of these subgroups and the choice of representative 
commodities for these subgroups are based on similarities in pest 
pressures, cultural practices, the edible portion of the commodity, and 
the geographic locations where these crops are grown. EPA has also 
determined that residue data on the designated representative crops 
will provide adequate information on residue levels in crops in the 
subgroup. The subgroups provide flexibility in the establishment of 
crop group tolerances which can be important for international 
harmonization.
    4. Revise the representative commodities. EPA proposes to revise 
the representative crops for Crop Group 10-09 as follows: ``Sweet 
orange, lemon and grapefruit'' will be changed to ``Orange or 
tangerine/mandarin, lemon or lime and grapefruit.'' This change 
reflects the broader range of commodities in this group.

C. Crop Group 11-09: Pome Fruit Group

    EPA is proposing to revise and expand the pome fruit crop. EPA will 
retain pre-existing Pome Fruit Crop Group 11 and title the revised 
group as Crop Group 11-09: Pome Fruit Group.
    Add commodities. Crop Group 11 currently contains the following 
seven commodities: (1) Apple, Malus domestica Borkh; (2) Crabapple, 
Malus spp.; (3) Loquat, Eriobotrya japonica

[[Page 811]]

(Thunb.) Lindl.; (4) Mayhaw, Crataegus spp.; (5) Pear, Pyrus communis 
L.; (6) Pear, oriental, Pyrus communis L.; (7) Quince, Cydonia oblonga 
Mill.;
    EPA proposes to expand Crop Group 11 to include five commodities as 
follows: (1) Azarole, Crataegus azarolus L.; (2) Medlar, Mespilus 
germanica L.; (4) Pear, Asian, Pyrus pyrifolia (Burm f.) Nakai var. 
culta (Makino) Nakai; (5) Tejocote, Crataegus mexicana DC; including 
varieties, cultivars and/or hybrids of these.
    The proposed addition of crops to this crop group is based on 
similarities and characteristics of the Pome Fruit Crop Group 11 as 
well as a comparison of pome fruits, their cultural practices, edible 
food portions, residue levels, geographical locations, pest problems, 
and established tolerances.

D. New Crop Group 20 Oilseed Group

    EPA proposes to add a new crop group, entitled Oilseed Group as 
Crop Group 20. Oilseed group will include those crops from which oil is 
extracted from their seed and used to produce edible or inedible oils 
as well high-protein livestock meal.
    1. Commodities in group and representative commodities. EPA 
proposes to include 32 commodities in Crop Group 20: (1) Borage, Borago 
officinalis L.; (2) Calendula, Calendula officinalis L.; (3) Castor oil 
plant, Ricinus communis L.; (4) Chinese tallowtree, Triadica sebifera 
(L.) Small; (5) Cottonseed, Gossypium spp.; (6) Crambe, Crambe 
hispanica L., Crambe abyssinica Hochst. ex R.E. Fr.; (7) Cuphea, Cuphea 
hyssopifolia Kunth; (8) Echium, Echium plantagineum L.; (9) Euphorbia, 
Euphorbia esula L.; (10) Evening primrose, Oenothera biennis L.; (11) 
Flax seed, Linum usitatissimum L.; (12) Gold of pleasure, Camelina 
sativa (L.) Crantz; (13) Hare's ear mustard, Conringia orientalis (L.) 
Dumort.; (14) Jojoba, Simmondsia chinensis (Link) C.K. Schneid.; (15) 
Lesquerella, Lesquerella recurvata (Engelm. ex A. Gray) S. Watson; (16) 
Lunaria, Lunaria annua L.; (17) Meadowfoam, Limnanthes alba Hartw. ex 
Benth.; (18) Milkweed, Asclepias spp. L.; (19) Mustard seed, Brassica 
hirta Moench, Sinapis alba L. subsp. alba; (20) Niger seed, Guizotia 
abyssinica (L.f.) Cass.; (21) Oil radish, Raphanus sativus L. var. 
oleiformis Pers.; (22) Poppy seed, Papaver somniferum L. subsp. 
somniferum; (23) Rapeseed, Brassica spp.; Brassica napus L.; (24) Rose 
hip, Rosa rubiginosa L.; (25) Safflower, Carthamus tinctorious L.; (26) 
Sesame, Sesamum indicum L.; Sesamum radiatum Schumach. & Thonn.; (27) 
Stokes aster, Stokesia laevis (Hill) Greene; (28) Sunflower, Helianthus 
annuus L.; (29) Sweet rocket, Hesperis matronalis L.; (30) Tallowwood, 
Ximenia americana L.; (31) Tea oil plant, Camellia oleifera C. Abel; 
(32) Vernonia, Vernonia galamensis (Cass.) Less. The representative 
commodities proposed for this group are cottonseed, rapeseed (canola 
varieties only), and sunflower.
    Oilseed Crop Group 20 is proposed based on similarities in cultural 
practices, edible food portions, livestock feed items, residue levels, 
geographical locations, and pest problems. The Oilseed crop group 
should facilitate the approval in the United States of additional 
pesticides for these crops and both domestic and foreign tolerances, 
increasing opportunities for producers to grow new high value 
alternative minor crops, including potential biofuel crops. The 
proposed representative commodities were chosen based on the scope of 
their production and economic importance as well as on the similarities 
in cultural practices, pest problems, and commercial production. These 
three representative commodities account for greater than 95% of the 
harvested acres for the entire Oilseed crop group.
    2. Create crop subgroups. EPA proposes to add three crop subgroups 
for Crop Group 20. The subgroups are:
    i. Rapeseed Subgroup 20A. Representative commodity: Rapeseed, 
canola varieties only. The 17 commodities proposed for inclusion in 
this subgroup are: 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.
    ii. Sunflower Subgroup 20B. Representative commodity: Sunflower, 
seed. The 14 commodities proposed for inclusion in this subgroup are: 
Calendula; Castor oil plant; Chinese tallowtree; Euphorbia; Evening 
primrose; Jojoba; Niger seed; Rose hip; Safflower; Stokes aster; 
Sunflower; Tallowwood; Tea oil plant; Vernonia.
    iii. Cottonseed Subgroup 20C. Representative commodity: Cottonseed. 
The one commodity proposed for inclusion in this subgroup is: 
Cottonseed.
    The creation of these subgroups and the choice of representative 
commodities for these subgroups are based on similarities in pest 
pressures, cultural practices, the edible portion of the commodity, and 
the geographic locations where these crops are grown. EPA has also 
determined that residue data on the designated representative crops 
will provide adequate information on residue levels in crops and 
subgroup. The subgroups provide flexibility in the establishment of 
crop group tolerances which can be important for international 
harmonization.

E. Amendment to Definitions and Interpretations

    EPA proposes to revise the commodity definition in 40 CFR 180.1(g) 
for Citrus Group as follows:

Tangerines = Tangerine (mandarin or mandarin orange), Clementine, 
Mediterranean mandarin, Satsuma mandarin, Tangelo, Tangor, cultivars 
and varieties.

F. Amendment to 40 CFR 180.1(h)

    EPA proposes to delete 40 CFR 180.1(h) that reads: ``Unless 
otherwise specified, tolerances and exemptions established under the 
regulations in this part apply to residues from only preharvest 
application of the chemical.'' EPA is proposing to delete this 
provision for two reasons. First, EPA believes that use information 
should generally be avoided in the tolerance listings because such 
information is difficult to enforce and is more completely addressed 
through other means, such as pesticide labels. Second, removal of Sec.  
180.1(h) will not result in any increased exposure under existing 
tolerance due to expansion of post-harvest uses cannot be expanded 
absent pre-market approval by EPA under the Federal Insecticide, 
Fungicide, and Rodenticide Act, 7 U.S.C. 136 et seq., and the FFDCA, as 
appropriate.

IV. Statutory and Executive Order Reviews

A. Executive Order 12866

    Under Executive Order 12866, entitled Regulatory Planning and 
Review (58 FR 51735, October 4, 1993), the Office of Management and 
Budget (OMB) has designated this proposed rule as a not-significant 
regulatory action under section 3(f) of the Executive Order.
    This action is one in a series of planned crop group updates. EPA 
prepared an analysis of the potential costs and benefits related to its 
pesticide tolerance crop grouping regulations for the first crop 
grouping final rule published December 7, 2007 (72 FR 69150). This 
analysis is contained in ``Economic Analysis of the Expansion of the 
Crop Grouping Program.'' A copy of the analysis is available in the 
docket and is briefly summarized here.
    This is a burden-reducing regulation. Crop grouping has saved money 
by allowing the results of pesticide exposure studies for one crop to 
be applied to other, similar crops. This

[[Page 812]]

action proposes to expand certain existing crop groups and to add one 
new crop group. Crop groupings will assist in making available lower 
risk pesticides for minor crops both domestically and in countries that 
export food to the U.S. Minor crop and specialty crop producers will 
benefit because lower registration costs will encourage pesticide 
manufacturers to register more pesticides for use on minor and/or 
specialty crops, providing these growers with additional lower-risk 
pesticide options. The increased coverage of tolerances to imported 
commodities may result in a larger supply of imported and domestically 
produced specialty produce at potentially lower costs and treated with 
lower-risk pesticides which also benefit consumers. EPA believes that 
data from representative crops will not underestimate the public 
exposure to pesticide residues through the consumption of treated 
crops. EPA and the IR-4 Project, will more efficiently use resources as 
a result of the rule. EPA will conserve resources if, as expected, new 
or expanded crop groups result in fewer emergency pesticide use 
requests from specialty crop growers. Further, new and expanded crop 
groups will likely reduce the number of separate risk assessments and 
tolerance rulemakings that EPA will have to conduct. Further benefits 
come from international harmonization of crop classification and 
nomenclature, harmonized commodity import and export standards and 
increased potential for resource sharing between EPA and pesticide 
regulatory agencies in other countries. Revisions to the crop grouping 
program will result in no appreciable costs or negative impacts to 
consumers, minor crop producers, specialty crop producers, pesticide 
registrants, the environment, or human health. No crop group tolerance 
for a pesticide can be established unless EPA determines that it is 
safe.
    An example of the benefits of group groupings can be shown through 
of the impact of changes to Crop Group 3 in a prior rulemaking (72 FR 
69150, December 7, 2007). That rulemaking expanded Crop Group 3, Bulb 
Vegetables from 7 to 25 crops, an increase of 18 from the original crop 
group. Prior to the expansion of the subgroup, adding tolerances for 
the 18 new crops would have required 18 field trials at a cost of 
approximately $5.4 million (assuming $300,000 per field trial), whereas 
after promulgation of the expanded group these 18 new crops could 
obtain coverage under a Crop Group 3 tolerance with no field trials in 
addition to those required on the representative commodities (which did 
not change with the expansion of the group). Fewer field trials means a 
greater likelihood that these commodities will obtain tolerance 
coverage under the FFDCA, aiding growers, and the administrative costs 
of both the IR-4 testing process and the EPA review process will be 
reduced.
    The benefits of the rule proposed today can be shown through the 
example of the impact of changes to Crop Group 3 in a prior rulemaking 
(72 FR 69150, December 7, 2007). That rulemaking expanded Crop Group 3, 
Bulb Vegetables from 7 to 25 crops, an increase of 18 from the original 
crop group. Prior to the expansion of the subgroup, adding tolerances 
for the 18 new crops would have required 18 field trials at a cost of 
approximately $5.4 million (assuming $300,000 per field trial), whereas 
after promulgation of the expanded group these 18 new crops could 
obtain coverage under a Crop Group 3 tolerance with no field trials in 
addition to those required on the representative commodities (which did 
not change with the expansion of the group). Fewer field trials means a 
greater likelihood that these commodities will obtain tolerance 
coverage under the FFDCA, aiding growers, and the administrative costs 
of both the IR-4 testing process and the EPA reviewprocess will be 
reduced.

B. Paperwork Reduction Act

    This rule does not contain any new information collection 
requirements that would need approval by OMB under the provisions of 
the Paper Reduction Act (PRA), 44 U.S.C. 3501 et seq. However, the 
proposed rule, when adopted as a final rule, is expected to reduce 
mandatory paperwork due to a reduction in required studies. The final 
rule will have the effect of reducing the number of residue chemistry 
studies because fewer representative crops would need to be tested 
under a crop grouping scheme, than would otherwise be required.

C. Regulatory Flexibility Act

    Pursuant to section 605(b) of the Regulatory Flexibility Act (RFA), 
5 U.S.C. 601 et seq., the Agency hereby certifies that this proposed 
rule, when adopted as final, will not have a significant adverse 
economic impact on a substantial number of small entities. This 
proposed ruledoes not have any direct adverse impacts on small 
businesses, small non-profit organizations, or small local governments. 
For purposes of assessing the impacts of today's proposed rule on small 
entities, small entity is defined as: (1) A small business according to 
the small business size standards established by the Small Business 
Administration (SBA); (2) a small governmental jurisdiction that is a 
government of a city, county, town, school district or special district 
with a population of less than 50,000; and (3) a small organization 
that is any not-for-profit enterprise which is independently owned 
andoperated and is not dominant in its field.
    In determining whether a rule has a significant economic impact on 
a substantial number of small entities, the impact of concern is any 
significant adverse economic impact on small entities, since the 
primarypurpose of the regulatory flexibility analyses is to identify 
and addressregulatory alternatives ``which minimize any significant 
economicimpact of the proposed rule on small entities'' (5 U.S.C. 
sections 603 and604). Thus, an agency may certify that a rule will not 
have a significant economic impact on a substantial number of small 
entities if the rule relieves a regulatory burden, or otherwise has 
positive economic effects on all of the small entities subject to the 
rule.
     This proposed rule provides regulatory relief and regulatory 
flexibility. The new or expanded crop groups ease the process for 
pesticide manufacturers to obtain pesticide tolerances on greater 
numbers of crops. Pesticides will be more widely available to growers 
for use on crops, particularly specialty crops.

D. Unfunded Mandates Reform Act

     Under Title II of the Unfunded Mandates Reform Act of 1995 (UMRA) 
(Public Law 104-4), EPA has determined that this proposed rule does not 
contain a Federal mandate that may result in expenditures of $100 
million or more for State, local, and tribal governments, in the 
aggregate,or the private sector in any 1 year. Accordingly, this rule 
is not subject to the requirements of sections 202, 203, 204, and 205 
of UMRA.

E. Executive Order 13132

    Pursuant to Executive Order 13132, entitled Federalism (64 FR 
43255, August 10, 1999), EPA has determined that this proposed rule 
does not have federalism implications, because it will not have 
substantial direct effects on the states, on the relationship between 
the national government and the states, or on the distribution of power 
and responsibilities among the various levels of government, as 
specified in the

[[Page 813]]

Order. Thus, Executive Order 13132 does not apply to this proposed 
rule.

F. Executive Order 13175

    As required by Executive Order 13175, entitled Consultation and 
Coordination with Indian Tribal Governments (65 FR 67249, November 6, 
2000), EPA has determined that this proposed rule does not have tribal 
implications because it will not have any affect on tribal governments, 
on the relationship between the Federal government andthe Indian 
tribes, or on the distribution of power and responsibilities between 
the Federal government and Indian tribes, as specified in the Order. 
Thus, Executive Order 13175 does not apply to this proposed rule.

G. Executive Order 13045

    Executive Order 13045, entitled Protection of Children from 
Environmental Health Risks and Safety Risks (62 FR 19885, April 23, 
1997) does not apply to this proposed rule because this action is not 
designated as an economically significant regulatory action as defined 
by Executive Order 12866 (see Unit IV.A.), nor does it establish an 
environmental standard, or otherwise have a disproportionate effect on 
children.

H. Executive Order 13211

    This proposed rule is not subject to Executive Order 13211, 
entitledActions Concerning Regulations that Significantly Affect Energy 
Supply,Distribution, or Use (66 FR 28355, May 22, 2001) because it is 
not designated as a regulatory action as defined by Executive Order 
12866 (see Unit IV.A.), nor is it likely to have any adverse effect on 
the supply, distribution, or use of energy.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (NTTAA), (15 U.S.C. 272 note) directs EPA to use voluntary 
consensus standards in its regulatory activities unless to do so would 
be inconsistent with applicable law or impractical. Voluntary consensus 
standards are technical standards (e.g., materials specifications, test 
methods, and sampling procedures) that are developed or adopted by 
voluntary consensus standards bodies. This proposed rule does not 
impose any technical standards that would require EPA to consider any 
voluntary consensus standards.

J. Executive Order 12898

    Under Executive Order 12898, entitled Federal Actions to Address 
Environmental Justice in Minority Populations and Low-Income 
Populations (59 FR 7629, February 16, 1994), the Agency has not 
considered environmental justice-related issues because this proposed 
rule does not have an adverse impact on the environmental and health 
conditions in low-income and minority communities.

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure, 
Agricultural commodities.


    Dated: December 22, 2009.
Stephen A. Owens,
Assistant Administrator for Prevention, Pesticides and Toxic 
Substances.

    Therefore, it is proposed that 40 CFR chapter I be amended as 
follows:

PART 180--[AMENDED]

    1. The authority citation for part 180 would continue to read as 
follows:

    Authority: 21 U.S.C. 321(q). 346a and 371.

    2. Section 180.41 is amended as follows:
    a. By redesignating paragraphs (c)(10) - (c)(22) as paragraphs 
(c)(11) - (c)(23), respectively, and by adding a new paragraph (c)(10).
    b. By redesignating newly redesignated paragraphs (c)(13) - (c)(23) 
as paragraphs (c)(14) - (c)(24), respectively, and by adding a new 
paragraph (c)(13).
    c. By redesignating newly redesignated paragraphs (c)(15) - (c)(24) 
as paragraphs (c)(16) - (c)(25), respectively, and by adding new 
paragraph (c)(15). and
    d. By redesignating newly redesignated paragraph (c)(25) as 
paragraph (c)(26), and by adding a new paragraph (c)(25).
    The amendments read as follows:


Sec.  180.41  Crop group tables.

* * * * *
    (c) * * *
    (10) Crop Group 8-09. Fruiting Vegetable Group.
    (i) Representative commodities. Tomato (standard size) and one 
cultivar of small tomato; bell pepper and one cultivar of nonbell 
pepper; and one cultivar of small nonbell pepper or one cultivar of 
small eggplant.
    (ii) Commodities. The following is a list of all commodities 
included in the 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                      8-09A
 (L.) Mill.....................................
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                     8-09A
 (Waterf.) M. Martinez, P. peruvian L., P.
 pubescens L...................................
Martynia, Proboscidea louisianica (Mill.)                   8-09B, 8-09C
 Thell.........................................
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,                      8-09B
 Capsicum spp..................................
Pepper, nonbell, Capsicum chinese Jacq., C.                 8-09B, 8-08C
 annuum L. var. annuum, C. frutescens L., C.
 baccatum L., C. pubescens Ruiz & Pav.,
 Capsicum spp..................................
Roselle, Hibiscus sabdariffa L.................             8-09B, 8-09C
Scarlet eggplant, Solanum aethiopicum L........             8-09B, 8-09C
Sunberry, Solanum retroflexum Dunal............                    8-09A

[[Page 814]]

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

    (iii) Table. The following Table 2 identifies the crop subgroups 
for Crop Group 8-09, specifies the representative commodities for each 
subgroup and lists all the commodities included in each subgroup.

               Table 2--Crop Group 8-09: Subgroup Listing
------------------------------------------------------------------------
       Representative commodities                  Commodities
------------------------------------------------------------------------
Crop Subgroup 8-09A. Tomato subgroup...
Tomato (Standard size and one cultivar   Bush tomato; Cocona; Currant
 of small tomato)..                       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  African eggplant; Bell pepper;
 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     African eggplant; Eggplant;
 one cultivar of small eggplant..         Martynia; Nonbell pepper;
                                          Okra; Pea eggplant; Pepino;
                                          Roselle, Scarlet eggplant;
                                          cultivars, varieties, and/or
                                          hybrids of these.
------------------------------------------------------------------------

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

              Table 1--Crop Group 10-09: Citrus Fruit Group
------------------------------------------------------------------------
                  Commodities                     Related crop subgroups
------------------------------------------------------------------------
Australian desert lime, Eremocitrus glauca                        10-09B
 (Lindl.) Swingle..............................
Australian finger lime, Microcitrus                               10-09B
 australasica (F. Muell.) Swingle..............
Australian round lime, Microcitrus australis                      10-09B
 (A. Cunn. ex Mudie) Swingle...................
Brown River finger lime, Microcitrus papuana                      10-09B
 Winters.......................................
Calamondin, Citrofortunella microcarpa (Bunge)                    10-09A
 Wijnands......................................
Citron, Citrus medica L........................                   10-09A
Citrus hybrids, Citrus spp. Eremocitrus spp.,                     10-09A
 Fortunella spp., Microcitrus spp., and
 Poncirus spp..................................
Grapefruit, Citrus paradisi Macfad.............                   10-09C
Japanese summer grapefruit, Citrus natsudaidai                    10-09C
 Hayata........................................
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.                   10-09B
 Bailey) Swingle...............................
New Guinea wild lime, Microcitrus warburgiana                     10-09B
 (F. M. Bailey) Tanaka.........................
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.                     10-09B
 Bailey) Swingle...............................
Satsuma mandarin, Citrus unshiu Marcow.........                   10-09A
Sweet lime, Citrus limetta Risso...............                   10-09B
Tachibana orange, Citrus tachibana (Makino)                       10-09A
 Tanaka........................................
Tahiti Lime, Citrus latifolia (Yu. Tanaka)                        10-09B
 Tanaka........................................
Tangelo, Citrus x tangelo J.W. Ingram & H.E.              10-09A, 10-09C
 Moore.........................................
Tangerine (Mandarin), Citrus reticulata Blanco.                   10-09A
Tangor, Citrus nobilis Lour....................                   10-09A
Trifoliate orange, Poncirus trifoliata (L.)                       10-09A
 Raf...........................................
Uniq fruit, Citrus aurantium Tangelo group.....                   10-09C
Cultivars, varieties and/or hybrids of these...
------------------------------------------------------------------------


[[Page 815]]

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

* * * * *
    (15) Crop Group 11-09. Pome Fruit Group.
    (i) Representative commodities. Apple and Pear.
    (ii) Commodities. The following is a list of all the commodities in 
Crop Group 11-09.

        Table 1--Crop Group 11-09: Pome Fruit Group--Commodities
Apple, Malus domestica Borkh
Azarole, Crataegus azarolus L.
Crabapple, Malus sylvestris (L.) Mill., Malus prunifolia (Willd.) Borkh.
Loquat, Eriobotrya japonica (Thunb.) Lindl.
Mayhaw, Crataegus aestivalis (Walter) Torr. & A. Gray, C. opaca Hook. &
 Arn., and C. rufula Sarg.
Medlar, Mespilus germanica L.
Pear, Pyrus communis L
Pear, Asian, Pyrus pyrifolia (Burm. f.) Nakai var. culta (Makino) Nakai
Quince, Cydonia oblonga Mill
Quince, Chinese, Chaenomeles speciosa (Sweet) Nakai, Pseudocydonia
 sinensis (Thouin) C.K. Schneid.
Quince, Japanese, Chaenomeles japonica (Thunb.) Lindl. ex Spach
Tejocote, Crataegus mexicana DC.
Cultivars, varieties and/or hybrids of these.
 

* * * * *
    (25) Crop Group 20. Oilseed Group.
    (i) Representative commodities. Rapeseed (canola varieties only); 
sunflower, seed and cottonseed.
    (ii) Table. The following Table 1 lists all the commodities listed 
in Crop Group 20 and identifies the related crop subgroups and includes 
cultivars and/or varieties of these commodities.

                  Table 1--Crop Group 20: Oilseed Group
------------------------------------------------------------------------
                                                          Related crop
                     Commodities                           subgroups
------------------------------------------------------------------------
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                       20A
 Hochst. ex R.E. Fr..................................
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.                    20A
 Gray) S. Watson.....................................
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.                 20A
 subsp. alba.........................................
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                         20A
 Schumach. & Thonn...................................
Stokes aster, Stokesia laevis (Hill) Greene..........                20B
Sunflower, Helianthus annuus L.......................                20B

[[Page 816]]

 
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 identifies the crop subgroups 
for Crop Group 20, specifies the representative commodities for each 
subgroup and lists all the commodities included in each 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.
------------------------------------------------------------------------

* * * * *

[FR Doc. E10-31397 Filed 01-05-10; 8:45 am]
BILLING CODE 6560-50-S