[Federal Register Volume 77, Number 163 (Wednesday, August 22, 2012)]
[Rules and Regulations]
[Pages 50617-50622]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-20667]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2006-0766; FRL-9354-3]
RIN 2070-AJ28


Pesticide Tolerance Crop Grouping Program III; Revisions to 
General Tolerance Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This final rule revises the current pesticide tolerance crop 
grouping regulations, which allow for the establishment of tolerances 
for multiple related crops based on data from a representative set of 
crops. This rule expands upon existing stone fruit and tree nut crop 
groups by establishing new crop subgroups and adding new commodities. 
This is the third in a series of planned crop group updates expected to 
be promulgated over the next several years.

DATES: This final rule is effective October 22, 2012.

ADDRESSES: The docket for this action, identified by docket 
identification (ID) number EPA-HQ-OPP-2006-0766 is available 
electronically at http://www.regulations.gov, or in hard copy at the 
OPP Docket in the Environmental Protection Agency Docket Center (EPA/
DC), located in EPA West, Room 3334, 1301 Constitution Ave. NW., 
Washington, DC 20460. The Public Reading Room is open from 8:30 a.m. to 
4:30 p.m., Monday through Friday, excluding legal holidays. The 
telephone number for the Public Reading Room is (202) 566-1744, and the 
telephone number for the OPP Docket is (703) 305-5805. Please review 
the visitor instructions and additional information about the docket 
available at http://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Laura Nollen, Registration Division, 
Office of Pesticide Programs, Environmental Protection Agency, 1200 
Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number: 
(703) 305-7390; email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. Executive Summary

A. What action is the agency taking?

    This final rule, under the provisions of section 408 of the Federal 
Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a, amends EPA's 
regulations governing crop group tolerances for pesticides. 
Specifically, the rule expands upon existing stone fruit and tree nut 
crop groups by adding new commodities and establishes crop subgroups 
for the new stone fruit crop group. This final rule is the third in a 
series of planned crop group updates expected to be promulgated in the 
next several years.

[[Page 50618]]

B. What is the agency's authority for taking this action?

    EPA is authorized to establish tolerances for pesticide chemical 
residues in food under FFDCA section 408. EPA establishes tolerances 
for each pesticide based on the potential risks to human health posed 
by that pesticide. A tolerance is the maximum permissible residue level 
established for a pesticide in raw agricultural produce and processed 
foods. The crop group regulations currently in 40 CFR 180.40 and 180.41 
enable the establishment of tolerances for a group of crops based on 
residue data for certain crops that are representative of the group. 
Crop group regulations are promulgated under section 408(e)(1)(C) which 
authorizes EPA to establish ``general procedures and requirements to 
implement [section 408].'' 21 U.S.C. 346a(e)(1)(C).

C. Does this action apply to me?

    You may be potentially affected by this action if you are an 
agricultural producer or food manufacturer. The following list of North 
American Industrial Classification System (NAICS) codes is not intended 
to be exhaustive, but rather provides a guide to help readers determine 
whether this document might apply to them. 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).
     Pesticide manufacturing (NAICS code 32532).

D. What are the incremental costs and benefits of this action?

    EPA prepared an analysis of the potential costs and benefits 
associated with the establishment of crop groupings when it issued the 
first proposed rule in this series of rulemakings, which published in 
the Federal Register of May 23, 2007 (77 FR 28920). This analysis is 
contained in ``Economic Analysis Proposed Expansion of Crop Grouping 
Program,'' a copy of which is available in the docket for this action. 
In general, the Agency anticipates that revisions to the crop grouping 
program will result in no appreciable costs or negative impacts to 
consumers, specialty crop producers, pesticide registrants, human 
health, or the environment. The impacts of this rule are measured 
primarily on a qualitative basis. However, the rule is expected to 
reduce the cost of generating residue data for pesticide registration 
and new food uses, because it 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.
    Benefits of the rule can be shown through an example of the impact 
of the changes to Crop Group 3 that were accomplished in a prior 
rulemaking (72 FR 69150, December 7, 2007). That rulemaking expanded 
Crop Group 3, Bulb Vegetable, from 7 to 25 crops, an increase of 18 
from the original crop group. Prior to the expansion of that subgroup, 
adding tolerances for 18 new crops would have required at least 18 
field trials at a cost of approximately $5.4 million (assuming $300,000 
per field trial).
    This action is intended to promote more extensive use of crop group 
tolerances; in particular, it will assist in making available lower-
risk pesticides for minor crops both domestically and in countries that 
export food to the United States. In addition, expanding crop groups 
will greatly increase the efficiency of IR-4 and EPA in registering 
pesticides on specialty crops and reduce the administrative costs of 
both the IR-4 testing process and the EPA review process.

II. The Proposed Rule

    EPA published a notice of proposed rulemaking in the Federal 
Register of November 9, 2011 (76 FR 69693) (FRL-8887-8). Written 
comments were received from three parties in response to the proposal: 
A private citizen; The Embassy of the Republic of Korea; and from the 
American Pistachio Growers trade association.

III. Response to Comments

    In this section, EPA describes the major provisions of the proposed 
rule, the comments received on each provision and EPA's responses to 
those comments, including EPA's determination if any modification of 
the proposed rule is warranted.

A. Crop Group 12-12: Stone Fruit Group

    1. Revise the proposed crop group name. The final rule retains the 
pre-existing Crop Group 12 and adds a new group titled ``Crop Group 12-
12: Stone Fruit Group.'' Although the new group was proposed as ``Crop 
Group 12-11: Stone Fruit Group,'' this change has been effected in 
order to reflect the correct year of establishment, which is 2012. 
Therefore, this final rule adds a new stone fruit group, ``Crop Group 
12-12: Stone Fruit Group,'' but retains the pre-existing Crop Group 12.
    2. Add commodities. The final rule expands the stone fruit crop 
group from the existing 11 commodities to 22 commodities in Crop Group 
12-12: Stone Fruit Group.
    EPA received one comment from a private citizen that noted that the 
commodity chokecherry, which was proposed to be included in the revised 
Crop Group 12-12: Stone Fruit Group and Cherry subgroup 12-12A, is 
already established in Crop Group 13-07: Berry and Small Fruit Group 
and Large Shrub/Tree Berry Subgroup 13-07C. As a general practice, the 
Agency will avoid having a commodity as a member of more than one crop 
group. Accordingly, EPA revisited the proposal to include chokecherry 
in the revised crop group.
    Although chokecherry is a stone fruit, its fruit size is closer to 
elderberry and mulberry, the representative commodities for Large 
Shrub/Tree Berry Subgroup 13-07C, rather than sweet or tart cherry, the 
representative commodities for Cherry Subgroup 12-12A. The diameter for 
chokecherry is 0.3 inches (0.8 cm), elderberry is 0.3-0.5 inches (0.8-
1.3 cm), mulberry is 0.5 inches (1.3 cm), and sweet cherry is 1.4 
inches (3.6 cm). Cherry, the commodity proposed as the representative 
for chokecherry in the revised Crop Subgroup 12-12A, has a diameter 
that is approximately 4.7 times larger than the chokecherry, while both 
elderberry and mulberry are approximately the same size as chokecherry. 
The application of pesticides on commodities with smaller diameters 
(surface area to volume ratio) often results in higher residues than on 
larger commodities. Therefore, the EPA has determined that it is 
appropriate to retain chokecherry in the previously established Crop 
Group 13-07 and Subgroup 13-07C and will not include chokecherry in 
Crop Group 12-12: Stone Fruit Group or Cherry Subgroup 12-12A.
    Additionally, a comment was received from the Embassy of the 
Republic of Korea requesting that Chinese jujube (Ziziphus jujuba 
Mill.) be reconsidered as a member of Crop Group 12-12: Stone Fruit 
Group. Chinese jujube was originally included in the petition to the 
Agency as a proposed member of the revised stone fruit crop group. 
However, when EPA first reviewed the available supporting information, 
EPA concluded that it might be more appropriate to include Chinese 
jujube in a future proposed tropical fruit, edible peel crop group. The 
Agency noted that Chinese jujube is a member of a different plant 
family (Rhamnaceae instead of Rosaceae) as a rationale for this 
decision. Further information about the original petition

[[Page 50619]]

to the Agency to include Chinese jujube and EPA's previous review of 
the commodity can be found in the docket, identified by document ID No. 
EPA-HQ-OPP-2006-0766-0044.
    However, after reviewing the Korean data submitted with the comment 
and literature from the United States, EPA finds that Chinese jujube 
growth and cultural practices are similar to some stone fruits, such as 
cherries and small varieties of plums, and should therefore be similar 
to other stone fruit in terms of pesticide residue exposure.
    Chinese jujube is a traditional East Asian fruit crop mainly 
cultivated in temperate regions of China, Korea, Taiwan, and Japan. 
Chinese jujube has large leaf canopies shading the small sized fruits, 
and the fruit is botanically considered a stone fruit or ``drupe.'' The 
Chinese jujube is also deciduous; the crop loses its leaves in the fall 
and has a dormant period in the winter, similar to other members of 
Crop Group 12-12: Stone Fruit Group. Additionally, the flower to 
harvest time as well as the fruit shape, size, and smooth skin texture 
is similar to the plum.
    The Chinese jujube was introduced into the United States from China 
in 1908, and it is widely distributed in the southern states as both an 
ornamental crop and potential minor food crop. Improved varieties of 
Chinese jujube are available to growers from commercial nursery catalog 
companies, and there has been recent research in cultivating the crop 
in the United States as a potential profitable minor crop. For these 
reasons, EPA concludes it would be appropriate to include Chinese 
jujube as a member of Crop Group 12-12: Stone Fruit Group, and as a 
member of the Plum Subgroup 12-12C.
    Finally, EPA has revised the taxonomic names for several 
commodities in Crop Group 12-12: Stone Fruit Group, in order to reflect 
the currently accepted taxonomic name or names. Based on the decision 
to remove chokecherry and add Chinese jujube to the revised Crop Group 
12-12: Stone Fruit Group, the final rule expands Crop Group 12-12: 
Stone Fruit Group to include 22 commodities.
    3. Create new subgroups. The final rule retains the proposed 
addition of three subgroups to Crop Group 12-12: Stone Fruit Group, and 
updates the names of the subgroups to reflect the correct year that the 
subgroups are being established. Based on the information considered, 
chokecherry has been removed from inclusion in Crop Subgroup 12-12A, 
and Chinese jujube has been added to Crop Subgroup 12-12C. Therefore, 
the three subgroups are being established as follows:
    i. Cherry Subgroup 12-12A. (Representative commodities--Sweet 
cherry or Tart cherry). Five commodities are included in this subgroup.
    ii. Peach Subgroup 12-12B. (Representative commodity--Peach). Two 
commodities are included in this subgroup.
    iii. Plum Subgroup 12-12C. (Representative commodities--Plum or 
Prune plum). Fifteen commodities are included in this subgroup.
    EPA adopts these proposals as final, with the changes noted in this 
section.

B. Crop Group 14-12: Tree Nut Group

    1. Revise the proposed crop group name. The final rule retains the 
pre-existing Crop Group 14 and adds a new group titled ``Crop Group 14-
12: Tree Nut Group.'' Although the new group was proposed as ``Crop 
Group 14-11: Tree Nut Group,'' this change has been effected in order 
to reflect the correct year of establishment, which is 2012. Therefore, 
this final rule adds a new tree nut group, ``Crop Group 14-12: Tree Nut 
Group,'' but retains the pre-existing Crop Group 14.
    2. Add commodities. The final rule expands the tree nut crop group 
from the existing 12 commodities to 39 commodities in Crop Group 14-12: 
Tree Nut Group.
    EPA received one comment from the American Pistachio Growers trade 
association that supported including pistachio in the revised tree nut 
crop group. They noted that including pistachio will, ``* * * provide 
the pistachio growers with the ability to use crop tools necessary to 
combat pests,'' and further noted that, ``* * * growers, processors, 
marketers, and consumers * * * will benefit from including pistachios 
in the tree nut group.'' EPA agrees with these comments.
    EPA has revised the taxonomic names for several commodities in Crop 
Group 14-12: Tree Nut Group, in order to reflect the currently accepted 
taxonomic name or names. Therefore, EPA adopts these proposals as 
final, with the changes noted in this section.

IV. The Final Rule

    After fully considering all comments, EPA is finalizing the 
proposed rule with the revisions discussed previously. Other than these 
revisions, EPA is finalizing the rule as proposed, based on the 
rationale set forth in the proposed rule.

V. Implementation

    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 the Code of Federal Regulations; 
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 the number will be followed by a dash 
and the final digits of the year established (e.g., Crop Group 8-10).
    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 group to 
tolerances with coverage under the revised crop group. This conversion 
will be effected both through the registration review process and in 
the course of evaluating new uses for a pesticide. EPA requests that 
petitioners for tolerances address this issue in their petitions. For 
existing petitions for which a Notice of Filing has been published, the 
Agency will attempt to conform these petitions to this rule.

VI. Statutory and Executive Order Reviews

A. Executive Orders 12866 and 13563

    This action is not a ``significant regulatory action'' under the 
terms of Executive Order 12866, entitled ``Regulatory Planning and 
Review'' (58 FR 51735, October 4, 1993) and was therefore not reviewed 
by the Office of Management and Budget (OMB) under Executive Orders 
12866 and 13563, entitled ``Improving Regulation and Regulatory 
Review'' (76 FR 3821, January 21, 2011).

B. Paperwork Reduction Act

    This rule does not impose any new information collection 
requirements that would require additional review or approval by OMB 
under the Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et seq. Burden 
is defined at 5 CFR 1320.3(b). An Agency may not conduct or sponsor, 
and a person is not required to respond to a collection of information 
that requires OMB approval under PRA, unless it has been approved by 
OMB and displays a currently valid OMB control number. The OMB control 
numbers for EPA's regulations in title 40 of the CFR, after appearing 
in the Federal Register, are listed in 40 CFR part 9, and included on 
the related collection instrument, or form, if applicable.

[[Page 50620]]

    The information collection activities associated with the 
submission of a petition to request a tolerance are already approved 
under OMB control number 2070-0024 (EPA ICR No. 0597.10), and the 
changes to the crop grouping regulations do not change the covered 
activities such that additional OMB review or approval is required.

C. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA), 5 U.S.C. 601 et seq., 
generally requires an agency to prepare a regulatory flexibility 
analysis of any rule subject to notice and comment rulemaking 
requirements under the Administrative Procedure Act (APA), 5 U.S.C. 
551-553, or any other statute unless the agency certifies that the rule 
will not have a significant economic impact on a substantial number of 
small entities. Under the RFA, small entities include small businesses, 
small organizations, and small governmental jurisdictions.
    For the purpose of assessing the impacts of this final rule on 
small entities, a small entity is defined as: (1) A small business as 
defined by the Small Business Administration's (SBA) regulations at 13 
CFR 121.201; (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 and operated 
and is not dominant in its field.
    After considering the economic impacts of this final rule on small 
entities, I certify that this action will not have a significant 
economic impact on a substantial number of small entities. This final 
rule does not have any direct adverse impacts on small businesses, 
small non-profit organizations, or small local governments. 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 
primary purpose of the regulatory flexibility analyses is to identify 
and address regulatory alternatives ``which minimize any significant 
economic impact of the proposed rule on small entities'' (5 U.S.C. 603 
and 604). Thus, an agency may certify under section 605(b) of the RFA 
if the rule relieves regulatory burdens or otherwise has a positive 
economic effect on all of the small entities subject to the rule.
    As discussed previously, this rule provides regulatory relief and 
regulatory flexibility. The new 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

    Pursuant to Title II of the Unfunded Mandates Reform Act (UMRA), 2 
U.S.C. 1531-1538, EPA has determined that this final 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 one year. Accordingly, this 
rule is not subject to the requirements of sections 202, 203, 204, and 
205 of UMRA.

E. Executive Order 13132

    This action will not have ``federalism implications'' as specified 
in Executive Order 13132, entitled ``Federalism'' (64 FR 43255, August 
10, 1999), because this action 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 Order. Thus, 
Executive Order 13132 does not apply to this final rule.

F. Executive Order 13175

    This action will not have ``tribal implications'' as specified in 
Executive Order 13175, entitled ``Consultation and Coordination with 
Indian Tribal Governments:'' (65 FR 67249, November 9, 2000), because 
it will not have any effect on tribal governments, on the relationship 
between the Federal government and the 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 final rule.

G. Executive Order 13045

    EPA interprets Executive Order 13045, entitled ``Protection of 
Children from Environmental Health Risks and Safety Risks'' (62 FR 
19885, April 23, 1997) as applying only to those regulatory actions 
that concern health or safety risks, such that the analysis required 
under section 5-501 of the Order has the potential to influence the 
regulation. Executive Order 13045 does not apply to this rule because 
this action is not designated as an ``economically significant 
regulatory action'' as defined by Executive Order 12866 (see Unit 
III.A.), nor does it establish an environmental standard, or otherwise 
have a disproportionate effect on children.

H. Executive Order 13211

    This action is not a ``significant energy action'' as defined in 
Executive Order 13211, entitled ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 
28355, May 22, 2001) because it is not likely to have any adverse 
effect on the supply, distribution, or use of energy.

I. National Technology Transfer and Advancement Act

    This action does not involve technical standards that would require 
the consideration of voluntary consensus standards pursuant to section 
12(d) of the National Technology Transfer and Advancement Act (NTTAA), 
15 U.S.C. 272 note.

J. Executive Order 12898

    This action does not have an adverse impact on the environmental 
and health conditions in low-income and minority communities. 
Therefore, this action does not involve special consideration of 
environmental justice related issues as specified in Executive Order 
12898, entitled ``Federal Actions to Address Environmental Justice in 
Minority Populations and Low-Income Populations'' (59 FR 7629, February 
16, 1994).

VII. Congressional Review Act

    Pursuant to the Congressional Review Act, 5 U.S.C. 801 et seq., EPA 
will submit a report containing this rule and other required 
information to the U.S. Senate, the U.S. House of Representatives, and 
the Comptroller General of the United States prior to publication of 
the rule in the Federal Register. This rule is not a ``major rule'' as 
defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure, 
pesticides and pests.

    Dated: July 31, 2012.
James Jones,
Assistant Administrator for Chemical Safety and Pollution Prevention.
    Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

0
1. The authority citation for part 180 continues to read as follows:

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


0
2. Section 180.41 is amended as follows:
0
a. Redesignate paragraphs (c)(17) through (c)(26) as paragraphs (c)(18)

[[Page 50621]]

through (c)(27), respectively, and add a new paragraph (c)(17).
0
b. Redesignate newly redesignated paragraphs (c)(21) through (c)(27) as 
paragraphs (c)(22) through (c)(28), respectively, and add a new 
paragraph (c)(21).
    These amendments read as follows:


Sec.  180.41  Crop group tables.

* * * * *
    (c) * * *
    (17) Crop Group 12-12: Stone Fruit Group.
    (i) Representative commodities. Sweet cherry or Tart cherry; Peach; 
and Plum or Prune plum.
    (ii) Commodities. The following Table 1 is a list of all 
commodities included in Crop Group 12-12.

              Table 1--Crop Group 12-12: Stone Fruit Group
------------------------------------------------------------------------
                  Commodities                     Related crop subgroup
------------------------------------------------------------------------
Apricot (Prunus armeniaca L.)..................  12-12C
Apricot, Japanese (Prunus mume Siebold & Zucc.)  12-12C
Capulin (Prunus serotina Ehrh. var. salicifolia  12-12A
 (Kunth) Koehne).
Cherry, black (Prunus serotina Ehrh.)..........  12-12A
Cherry, Nanking (Prunus tomentosa Thunb.)......  12-12A
Cherry, sweet (Prunus avium (L.) L.)...........  12-12A
Cherry, tart (Prunus cerasus L.)...............  12-12A
Jujube, Chinese (Ziziphus jujuba Mill.)........  12-12C
Nectarine (Prunuspersica (L.) Batsch var.        12-12B
 nucipersica (Suckow) C.K. Schneid).
Peach (Prunus persica (L.) Batsch var. persica)  12-12B
Plum (Prunus domestica L. subsp. domestica)....  12-12C
Plum, American (Prunus americana Marshall).....  12-12C
Plum, beach (Prunus maritima Marshall).........  12-12C
Plum, Canada (Prunus nigra Aiton)..............  12-12C
Plum, cherry (Prunus cerasifera Ehrh.).........  12-12C
Plum, Chickasaw (Prunus angustifolia Marshall).  12-12C
Plum, Damson (Prunus domestica L. subsp.         12-12C
 insititia (L.) C.K. Schneid.).
Plum, Japanese (Prunus salicina Lindl.; P.       12-12C
 salicina Lindl. var. salicina).
Plum, Klamath (Prunus subcordata Benth.).......  12-12C
Plum, prune (Prunus domestica L. subsp.          12-12C
 domestica).
Plumcot (Prunus hybr.).........................  12-12C
Sloe (Prunus spinosa L.).......................  12-12C
Cultivars, varieties, and/or hybrids of these..
------------------------------------------------------------------------

     (iii) Crop subgroups. The following Table 2 identifies the crop 
subgroups for Crop Group 12-12, specifies the representative 
commodities for each subgroup, and lists all the commodities included 
in each subgroup.

               Table 2--Crop Group 12-12: Subgroup Listing
------------------------------------------------------------------------
    Representative commodities                   Commodities
------------------------------------------------------------------------
                  Crop subgroup 12-12A. Cherry subgroup
------------------------------------------------------------------------
Cherry, sweet or Cherry, tart.....  Capulin; Cherry, black; Cherry,
                                     Nanking; Cherry, sweet; Cherry,
                                     tart; cultivars, varieties, and/or
                                     hybrids of these.
------------------------------------------------------------------------
                  Crop subgroup 12-12B. Peach subgroup
------------------------------------------------------------------------
Peach.............................  Peach; Nectarine; cultivars,
                                     varieties, and/or hybrids of these.
------------------------------------------------------------------------
                   Crop subgroup 12-12C. Plum subgroup
------------------------------------------------------------------------
Plum or Prune plum................  Apricot; Apricot, Japanese; Jujube,
                                     Chinese; Plum; Plum, American;
                                     Plum, beach; Plum, Canada; Plum,
                                     cherry; Plum, Chickasaw; Plum,
                                     Damson; Plum, Japanese; Plum,
                                     Klamath; Plumcot; Plum, prune;
                                     Sloe; cultivars, varieties, and/or
                                     hybrids of these.
------------------------------------------------------------------------

* * * * *
    (21) Crop Group 14-12. Tree Nut Group.
    (i) Representative commodities. Almond and Pecan.
    (ii) Commodities. The following is a list of all commodities 
included in Crop Group 14-12.

                    Crop Group 14-12: Tree Nut Group
------------------------------------------------------------------------
 
-------------------------------------------------------------------------
African nut-tree (Ricinodendron heudelotii (Baill.) Heckel)
Almond (Prunus dulcis (Mill.) D.A. Webb)
Beechnut (Fagus grandifolia Ehrh.; F. sylvatica L.)
Brazil nut (Bertholletia excelsa Humb. & Bonpl.)
Brazilian pine (Araucaria angustifolia (Bertol.) Kuntze)
Bunya (Araucaria bidwillii Hook.)

[[Page 50622]]

 
Bur oak (Quercus macrocarpa Michx.)
Butternut (Juglans cinerea L.)
Cajou nut (Anacardium giganteum Hance ex Engl.)
Candlenut (Aleurites moluccanus (L.) Willd.)
Cashew (Anacardium occidentale L.)
Chestnut (Castanea crenata Siebold & Zucc.; C. dentata (Marshall)
 Borkh.; C. mollissima Blume; C. sativa Mill.)
Chinquapin (Castaneapumila (L.) Mill.)
Coconut (Cocos nucifera L.)
Coquito nut (Jubaea chilensis (Molina) Baill.)
Dika nut (Irvingia gabonensis (Aubry-Lecomte ex O'Rorke) Baill.)
Ginkgo (Ginkgo biloba L.)
Guiana chestnut (Pachira aquatica Aubl.)
Hazelnut (Filbert) (Corylus americana Marshall; C. avellana L.; C.
 californica (A. DC.) Rose; C. chinensis Franch.)
Heartnut (Juglans ailantifolia Carri[egrave]re var. cordiformis (Makino)
 Rehder)
Hickory nut (Carya cathayensis Sarg.; C. glabra (Mill.) Sweet; C.
 laciniosa (F. Michx.) W. P. C. Barton; C. myristiciformis (F. Michx.)
 Elliott; C. ovata (Mill.) K. Koch; C. tomentosa (Lam.) Nutt.)
Japanese horse-chestnut (Aesculus turbinate Blume)
Macadamia nut (Macadamia integrifolia Maiden & Betche; M. tetraphylla
 L.A.S. Johnson)
Mongongo nut (Schinziophyton rautanenii (Schinz) Radcl.-Sm.)
Monkey-pot (Lecythis pisonis Cambess.)
Monkey puzzle nut (Araucaria araucana (Molina) K. Koch)
Okari nut (Terminalia kaernbachii Warb.)
Pachira nut (Pachira insignis (Sw.) Savigny)
Peach palm nut (Bactris gasipaes Kunth var. gasipaes)
Pecan (Carya illinoinensis (Wangenh.) K. Koch)
Pequi (Caryocar brasiliense Cambess.; C. villosum (Aubl.) Pers; C.
 nuciferum L.)
Pili nut (Canarium ovatum Engl.; C. vulgare Leenh.)
Pine nut (Pinus edulis Engelm.; P. koraiensis Siebold & Zucc.; P.
 sibirica Du Tour; P. pumila (Pall.) Regel; P. gerardiana Wall. ex D.
 Don; P. monophylla Torr. & Fr[eacute]m.; P. quadrifolia Parl. ex Sudw.;
 P. pinea L.)
Pistachio (Pistacia vera L.)
Sapucaia nut (Lecythis zabucaja Aubl.)
Tropical almond (Terminalia catappa L.)
Walnut, black (Juglans nigra L.; J. hindsii Jeps. ex R. E. Sm.; J.
 microcarpa Berland.)
Walnut, English (Juglans regia L.)
Yellowhorn (Xanthoceras sorbifolium Bunge)
Cultivars, varieties, and/or hybrids of these
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[FR Doc. 2012-20667 Filed 8-21-12; 8:45 am]
BILLING CODE 6560-50-P