Pesticide Tolerance Crop Grouping Program, 69150-69158 [E7-23659]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 72, Number 235 (Friday, December 7, 2007)]
[Rules and Regulations]
[Pages 69150-69158]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E7-23659]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2007-0766; FRL-8343-1]
RIN 2070-AJ28


Pesticide Tolerance Crop Grouping Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: This final rule makes revisions to the pesticide tolerance 
crop grouping regulations. Crop grouping allows tolerances to be 
established for multiple related crops based on data from a 
representative set of crops. The revisions will create a new crop group 
for edible fungi (mushrooms), expand existing crop groups by adding new 
commodities, establish new crop subgroups, and revise the 
representative crops in some groups. Additionally, EPA is revising the 
general crop group regulation to explain how the Agency will implement 
revisions to crop groups. EPA expects these revisions to promote 
greater use of crop groupings for tolerance-setting purposes and, in 
particular, assist in retaining or making pesticides available for 
minor crop uses. This is the first in a series of planned crop group 
updates expected during the next several years.

DATES: This final rule is effective on December 7, 2007.

ADDRESSES: EPA has established a docket for this action under docket 
identification (ID) number EPA-HQ-OPP-2007-0766. To access the 
electronic docket, go to https://www.regulations.gov, select ``Advanced 
Search,'' then ``Docket Search.'' Insert the docket ID number where 
indicated and select the ``Submit'' button. Follow the instructions on 
the regulations.gov website to view the docket index or access 
available documents. All documents in the docket are listed in the 
docket index available in regulations.gov. Although listed in the 
index, some information is not publicly available, e.g., Confidential 
Business Information (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 https://
www.regulations.gov, or, if only available in hard copy, at the Office 
of Pesticide Programs (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: Rame Cromwell, 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: cromwell.rame@epa.gov.

SUPPLEMENTARY INFORMATION:

I. Does this Action Apply to Me?

    You may be potentially affected by this action if you are an 
agricultural producer or food manufacturer. Potentially affected 
entities may include, but are not limited to:
     Crop Production (NAICS code 111).
     Animal Production (NAICS code 112).
     Food Manufacturing and Processing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532).
    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.

II. Overview of this Document

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), amends

[[Page 69151]]

EPA's regulations governing crop group tolerances for pesticides. 
Specifically, the rule: (1) creates a new crop group for edible fungi 
(mushrooms); (2) expands existing crop groups by adding new 
commodities; (3) establishes new crop subgroups for two groups; (4) 
changes the representative crops for two groups; and (5) revises the 
general crop group regulation in 40 CFR 180.40 to explain how the 
Agency will implement revisions to crop groups.
    The crop grouping concept leads to an estimate of the maximum 
residue level (MRL) that could occur on any crop within the group. The 
minimum data required for a group tolerance consists of residue data 
for all representative commodities for a group. This action is intended 
to promote more extensive use of crop group tolerances and, in 
particular, will assist in retaining or making pesticides available for 
minor crop uses.
    This final rule is the first in a series of planned crop group 
updates expected to be promulgated in the next several years.

B. What is the Agency's Authority for 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. 346 a(e)(1)(C).

III. The Proposed Rule

    EPA published a notice of proposed rulemaking in the Federal 
Register of May 23, 2007 (77 FR 28920). Written comments were solicited 
and were received from four parties in response to the proposal. 
Comments were received from a pesticide manufacturer, an association 
representing pesticide manufacturers, New Zealand Food Safety 
Authority, and the Interregional Research Project No. 4 (IR-4).

IV. The Final Rule

    In response to comments, EPA is modifying some aspects of the rule 
relating to commodities identification, but is adopting most provisions 
without change. For the reasons discussed in Unit V, EPA is making the 
following modifications in the final rule: (1) Add the general 
statement ``will include cultivars, varieties, and/or hybrids of 
these'' to replace the extensive list of hybrids to the crop groups. 
(2) Add Kiwi, fuzzy (Actinida chinensis) to Crop Group 13-07: Berry and 
Small Fruit Group.
    Otherwise, EPA is promulgating the rule as proposed.
    Additionally, EPA is making one technical correction to the crop 
group regulation. The crop group regulation currently titles crop 
subgroups by giving them a number corresponding to the crop group 
number and also a letter to distinguish between subgroups. The number 
and letter are separated by a hyphen. For example, within the crop 
group for root and tuber vegetables (Crop Group 1), the root vegetables 
subgroup is designated as ``Crop Subgroup 1-A.'' Recent amendments to 
existing tolerances specified the number and letter of a subgroup 
without including a hyphen. Thus subgroup 1-A has been listed in the 
amended tolerances as 1A. To avoid correcting the recent amendments to 
hundreds if not thousands of tolerances, EPA is changing the crop group 
regulation to delete the hyphen in the designation of the crop 
subgroups number and letter. Thus, for example, in Sec.  
180.41(c)(1)(iii), ``subgroup 1-A'' will become ``subgroup 1A.'' 
Subgroups for amended crop groups will also drop the hyphen before the 
letter distinguishing the subgroup. Thus the bulb onion subgroup will 
be encoded as ``subgroup 3-07A'' not ``subgroup 3-07-A.'' EPA finds 
that there is good cause to make this change to the crop group 
regulation without prior notice and comment because this is a 
formatting change having no substantive or procedural effect, and thus 
notice and comment is unnecessary.

V. Response to Comments

    In this section EPA describes the comments received on the proposed 
rule, and EPA's response to those comments, including EPA's 
determination of necessary modification of the proposed rule for this 
final rule.

A. General Procedures for Amending Pre-existing Crop Groups

    EPA is adopting provisions of the proposed rule without changes.
    The final rule specifies 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 group in the Code 
of Federal Regulations (CFR); 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 2 digits of the year it is established.
    Over time, EPA expects that tolerances for pre-existing crop groups 
would be upgraded and would eventually be converted to tolerances for 
the more recent crop groups. (See Unit VI.) The adoption of a 
standardized format for titling amended crop groups is specifically 
designed to create a clear distinction between pre-existing and amended 
crop groups. These procedures are necessary because when EPA expands an 
existing crop group it is difficult to simultaneously amend the dozens 
of pesticide tolerances for that crop group already in force.
    One commenter objected to this new scheme claiming it may result in 
confusion for growers and difficulties in harmonizing U.S. tolerances 
with international maximum residue levels for pesticides. The commenter 
suggested that if the change in the crop group is significant, a 
distinctive new name should be given the new crop group, but if the 
change involves adding only minor crops and no alteration of the 
representative commodities then ``no change in tolerance expression 
should be necessary when requesting label amendments adding the new 
minor crops.''
    EPA understands that modifying existing crop groups could lead to 
confusion. For this reason it is adopting transparent procedures for 
how such modification will be published in the CFR and the titling 
procedure that will be used. Along these lines, an outreach effort to 
inform registrants, agriculture professionals, trade partners and 
others will be undertaken in support of these changes. EPA agrees with 
the commenter that if a crop group is changed in significant ways, a 
new descriptive name is appropriate. EPA has done just that with the 
berries crop group, changing the name to the berry and small fruit 
group to reflect the significant crops added to the group.
    However, EPA disagrees with the assertion that no new crop group 
(and crop group name) is needed when only minor crops are added and the 
representative commodities remain the same. Unless EPA creates a new 
crop group when it expands the coverage of an existing group by adding 
new commodities, EPA will be expanding the scope of all then-current 
existing

[[Page 69152]]

pesticide tolerances for that existing crop group. For example, the 
revisions to Crop Group 3 involve adding 19 additional commodities. If 
EPA did not establish a new crop group for this expanded set of 
commodities but instead just added these commodities to the existing 
crop group, the tolerance for the existing crop group already in the 
CFR would instantly expand to cover 19 additional commodities. This 
would be problematic because EPA would, in effect, be establishing new 
tolerances for the added commodities without following the statutory 
procedures for establishing a new tolerance or making the required 
safety findings. There is no provision in section 408 for waiving these 
procedural and substantive requirements for new tolerances.

B. Crop Group 3-07: Bulb Vegetable Group

    EPA is adopting its proposal with one change, not to list specific 
hybrids. The final rule retains the pre-existing Crop Group 3 and 
titles the revised group as Crop Group 3-07.
    1. Add commodities. The final rule revises Bulb Vegetable Group 3-
07, expanding the existing seven commodities to 26 commodities.
    2. Change the names of representative commodities. The final rule 
changes the name of the representative commodities for the new crop 
group by designating onion, bulb and onion, green as the representative 
commodities.
    3. Create crop subgroups. The final rule retains the proposed 
addition of two subgroups to the revised crop group.
    i. Bulb onion subgroup 3-07A . Representative crop. Onion, bulb. 
Eleven commodities are included in this subgroup.
    ii. Green onion subgroup 3-07B. Representative crop. Onion, green. 
Fifteen commodities are included in this subgroup.
    4. Change of format. The final rule converts the current narrative 
format of the existing group to tabular form.
    5. Change the name. The final rule drops the descriptor ``(Allium 
spp.)'' from the name.
    A commenter recommended that specific hybrids in the Bulb Vegetable 
Crop Group should not be listed. The commenter claimed that listing 
some hybrids and/or cultivars can cause confusion and uncertainty for 
growers of hybrids that are not listed.
    EPA agrees with the commenter that extensive listings of hybrids 
are not necessary and could be confusing. Instead, the Agency is 
replacing the extensive lists of hybrids and cultivars with a general 
statement that will include cultivars, varieties, and/or hybrids of 
these commodities.

C. Crop Group 13-07: Berry and Small Fruit Group

    EPA is adopting its proposal with an added commodity. The final 
rule revises and expands the berries crop group, but retains pre-
existing Crop Group 13 and titles the revised group Crop Group 13-07.
    1. Add commodities. Revised Crop Group 13-07 is expanded from the 
existing Crop Group 13 of 10 to 46 commodities.
    2. Change the crop group name. The final rule changes the name of 
``Crop Group 13: Berries Group'' to ``Crop Group 13-07: Berry and Small 
Fruit Group.''
    3. Revise the existing subgroups. The final rule revises 13-07 to 
have subgroups, 13-07A and 13-07B. Subgroup13-07A is similar to 
existing 13A except that wild raspberry has been added. Subgroup 13-07B 
will have 13 additional commodities for a total of 19 commodities.
    4. Create new subgroups. The final rule revises new crop group 13-
07 to add six new subgroups.
    i. Large shrub berry subgroup 13-07C. (Representative commodities. 
Elderberry or Mulberry). 13 commodities are included in this subgroup.
    ii. Small fruit vine climbing 13-07D. (Representative commodities. 
Grape and Fuzzy kiwifruit). Seven commodities are included in this 
subgroup.
    iii. Small fruit vine climbing subgroup, except grape 13-07E. 
(Representative commodity. Fuzzy kiwifruit). Six commodities are 
included in this subgroup.
    iv. Small fruit vine climbing subgroup except fuzzy kiwifruit, 
Grape 13-07F. (Representative commodity. Grape). Six commodities are 
included in this subgroup.
    v. Low growing berry subgroup 13-07G. (Representative commodity. 
Strawberry). Nine commodities are included in this subgroup.
    vi. Low growing berry subgroup, except strawberry 13-07H. 
(Representative commodity. Cranberry). Eight commodities are included 
in this subgroup.
    Several comments were received regarding the addition of kiwifruit 
to this crop group. One commenter requested that both ``Kiwifruit, 
hardy'' and ``Kiwifruit, fuzzy'' be removed from the crop group and a 
new group be created for inedible skinned tropical fruit. Another 
commenter asked that only ``Kiwifruit, fuzzy'' be deleted from the 
group. This commenter argued that fuzzy kiwifruit are different in size 
and in plant growth habits from other fruits in the group as well as 
being the only fruit in the group with inedible skin. The commenter 
further noted that any future inclusion of fuzzy kiwifruit in a crop 
group should recognize that there are currently two cultivars presently 
being grown commercially (Acinidia deliciosa and Actinidia chinensis). 
Finally, this commenter requested that hardy kiwifruit be renamed to 
clearly differentiate this commodity from the other more traditional 
kiwifruit (possibly by calling it ``Argot fruit'') and using the more 
generic name ``Kiwifruit'' (defined as Actinidia deliciosa or Actinidia 
chinensis) instead of the proposed name ``Kiwifruit, fuzzy'' (currently 
defined as only Actinidia deliciosa).
    EPA believes that it is appropriate to keep both hardy and fuzzy 
kiwifruit as members of the berry and small fruit crop group. Kiwifruit 
is considered a trellis crop similar to grape culture, and its peel, 
while traditionally deemed inedible, is becoming increasingly popular 
to eat. Nonetheless, EPA will also consider adding the fuzzy kiwifruit 
to a tropical fruit crop group under development. Additionally, EPA 
agrees with the recommendation to amend the definition of fuzzy 
kiwifruit to include both its green (Acinidia deliciosa) and yellow 
(Actinidia chinensis) varieties. Both varieties are currently grown in 
the U.S., and although the yellow fleshed varieties have less surface 
hair on the fruit than the green varieties, both varieties are 
approximately the same size and are grown under the same conditions. 
Finally, EPA will retain the name ``Kiwifruit, hardy'' because it is a 
common commodity name in North America for the small, grape-like 
varieties of kiwifruit. It includes the Arguta species and the 
scientific name is Actinidia arguta.
    One comment was received concerning adding Low growing berry 
subgroups to the berry and small fruit group. The commenter asserted 
that these subgroups contain diverse berries which vary significantly 
in harvest practices (e.g. strawberry vs. blueberry) as well as growth 
habit (e.g., blueberry vs. cranberry). The commenter stated that, 
although the approach of creating inclusive new crop groups is 
desirable, in these instances it may be unlikely that pest control 
solutions are likely to have similar directions for use (number of 
applications, pre-harvest interval, use rate, etc.), thus making the 
probability of having the same tolerance quite low. The commenter 
speculated that the likelihood of use of these subgroups may be low.

[[Page 69153]]

    EPA disagrees that the commodities in these subgroups are too 
diverse. This subgroup was formed based on the commodities being either 
short shrubs or herbaceous perennials less than two feet in height. 
Most of these berries are from botanical families of Ericaceae and 
Rosaceae and have similar sized fruits (1/2 to 1/3 inches in length), 
except the strawberry, which is larger in size. Strawberry is selected 
as representative commodity for this subgroup (13-07G) of nine 
commodities based on its potential for higher residues related to the 
presence of seeds on its edible skin, higher per capita consumption, 
cultural practices, and larger commercial production and geographical 
locations. The blueberries in these subgroups are the lowbush types 
that are low growing (less than two feet) and similar to others in size 
in the subgroups. The highbush blueberry is in a separate crop subgroup 
(13-07B). The Agency is already receiving requests to utilize these 
subgroups for tolerance setting.

D. New Crop Group 21: Edible Fungi Group

    EPA received no comments on the addition of this new group and 
adopts its proposed rule without change.

E. Technical Corrections

    No comments were submitted on the proposed technical corrections 
section, and EPA adopts its proposed rule without change.

F. Other Comments

    A commenter suggested significant changes to the preamble regarding 
the background of the rule.
    These comments did not pertain to the substance of the rule. EPA 
will consider these comments in the development of preambles for future 
proposed rules on crop groups.
    The Agency received a comment asking how the proposed changes will 
affect established product labels, including use directions for crops 
that are moved into new crop grouping arrangements.
    There will be no EPA required changes to existing product labels. 
For product labels, crops are not automatically listed with the new 
crop group members. In addition, with respect to pre-existing 
tolerances, the existing crop groups will remain in place until a 
petition request is made to revise them or a chemical goes through the 
registration review process. At that time, and at the discretion of the 
registrant, labels would also have to be amended to reflect the changes 
to add the new crop group.
    Another commenter asked how the proposed changes would affect 
residue programs of registrants and IR-4 that are now in progress and 
may have been initiated under soon-to-be-superseded crop groupings. The 
commenter asked whether such field residue programs can be completed 
under the existing crop groupings, and if adapting the programs to the 
new crop groups would delay submission of tolerance petitions.
    The changes in the final rule will not impact on-going residue 
programs nor should it delay submissions of tolerance petitions. The 
changes being made do not require different field trial data for the 
representative commodities. In the case of Crop Group 3-07: Bulb 
Vegetable Group, the two representative commodities are still bulb 
onion and green onion. The rule will add subgroups and include 
additional crops. The field residue data requirements remain the same. 
Therefore, the only changes required for submission of the tolerance 
petitions will be administrative in that a new petition should reflect 
the new crop groups or subgroups. As stated in the proposed rule, once 
this rule is final, EPA will not establish new tolerances under the 
pre-existing groups.
    The Agency received a comment on whether an administrative process 
could replace tolerance petitions to speed up and smooth the revision 
of existing tolerances affected by changes in crop groupings, 
especially since most of the additions of orphan/minor crops will not 
impact dietary risk assessment. The commenter suggested that there is a 
potential for unfair marketing advantage for new active ingredients 
versus currently registered active ingredients, if a tolerance petition 
is always required. It was proposed that IR-4 might play a facilitating 
role in administrative updates for all active ingredients affected by a 
particular crop grouping change.
    In response, EPA would note that section 408 sets forth specific 
rule-making procedures for establishing and modifying tolerances. The 
process for taking advantage of the new group of edible fungi or 
expanded and updated groups of bulb vegetables and berries involves 
making a tolerance petition to EPA. The administrative and governing 
statutory requirements are analogous, whether the petition involves a 
single crop or one of the new or updated crop groups.
    EPA received a comment that the conversion of existing crop group 
tolerances to the new crop group definitions could require petition 
action by a registrant and amendments to labels under the plan proposed 
by EPA (see Unit III. A. of the preamble of the proposed rule). The 
commenter stated that when a tolerance petition for one crop or group 
includes a request to amend a different tolerance solely to conform to 
a new crop group definition, the registration service fee under FIFRA 
section 33 should not be imposed or increased for that amendment action 
if it does not involve review of any data, or for subsequent conforming 
label amendments.
    The fees for making label changes listed under PRIA are clearly 
defined. However, for this sort of change the registrant may request a 
discretionary refund for data that have already been reviewed. EPA will 
evaluate these requests as they are submitted, but it will not, at this 
time, make an across-the-board determination on PRIA fees. Further, 
registrants may choose not to make these changes when submitting a 
petition request for other crops. Because of the demonstrated 
advantages of the updated or new crop groups, EPA will eventually 
propose to convert existing crop groups on its own through mechanisms 
such as the registration review process.
    Finally, EPA received a comment asking which crops from groups 
covered by crop group tolerances should be listed on the label in order 
to cover use of the pesticide on the entire group of all crops, 
selected crops, and representative crops only. EPA agrees that there 
are some coordination issues relative to labeling and tolerance 
expression and will address this question in other ways and through 
outreach activities.

VI. Implementation

    After the effective date, 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 Sec.  180.41; (2) insert the 
revised crop group immediately after the pre-existing crop group in the 
CFR; (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 
hyphen and the final digits of the year established. (e.g., Crop Group 
3-07)
    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 of the revised crop group.

[[Page 69154]]

This conversion will be effected both through the registration review 
process and in the course of preparing new risk assessments 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.

VII. 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 final rule as a not-significant 
regulatory action under section 3(f) of the Executive Order.
    EPA prepared an analysis of the potential costs and benefits 
associated with this action. This analysis is contained in ``Economic 
Analysis Final Expansion of 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 permitting the results of pesticide exposure studies for one crop to 
be applied to other, similar crops. The regulation exploits this 
opportunity for saving money by expanding certain crop groups and 
creating a new crop group for edible fungi.
    The primary beneficiaries of the regulation are minor crop 
producers and consumers. Specialty crop producers will benefit because 
lower regulatory costs will encourage more products to be registered on 
minor crops, providing additional tools for pest control. Consumers 
will benefit by having a larger supply of imported and domestically 
produced specialty produce at potentially lower costs. Secondary 
beneficiaries are pesticide registrants, who benefit because expanded 
markets for pesticide products will lead to increased sales. The IR-4 
Project and EPA, which are publicly funded Federal government entities, 
will also more efficiently use resources as a result of the rule. EPA 
will also benefit from broader operational efficiency gains, which 
result from fewer emergency pesticide use requests from specialty crop 
growers, the ability to conduct risk assessments based on crop 
grouping, greater ease of establishing import tolerances, greater 
capacity to assess risks of pesticides used on crops not grown in the 
US, further harmonization of crop classification and nomenclature, 
harmonized commodity import and export standards, and increased 
potential for resource sharing between EPA and other pesticide 
regulatory agencies. Revisions to the crop grouping program will result 
in no appreciable costs or negative impacts to consumers, specialty 
crop producers, pesticide registrants, the environment or human health.
    No comments were received on the costs or burdens described in the 
Economic Analysis for the proposed rule.

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 rule 
is expected to reduce mandatory paperwork due to a reduction in 
required studies. The 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 rule will 
not have a significant adverse economic impact on a substantial number 
of small entities. This rule does 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 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 and 
operated 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 
primary purpose of the regulatory flexibility analyses is to identify 
and address regulatory alternatives ``which minimize any significant 
economic impact of the final rule on small entities'' (5 U.S.C. 
sections 603 and 604). 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 regulatory burden, or otherwise has 
positive economic effects on all of the small entities subject to the 
rule.
    This rule provides regulatory relief and regulatory flexibility 
because the new or expanded crop groups ease the process for pesticide 
manufacturers to obtain pesticide tolerances on greater numbers of 
crops and make it likely that 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 action 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 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 Order. Thus, Executive Order 13132 does not apply to this 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 rule does not have tribal 
implications because it will not have any affect 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 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 rule because this action is not designated 
as an economically significant regulatory action as defined

[[Page 69155]]

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 rule is not subject to 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 
designated as an 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 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 rule does 
not have an adverse impact on the environmental and health conditions 
in low-income and minority communities.
    The Agency hereby certifies that this rule will not have 
significant negative economic impact on a substantial number of small 
entities.

VIII. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., generally 
provides that before a rule may take effect, the Agency promulgating 
the rule must submit a rule report to each House of the Congress and 
the Comptroller General of the United States. 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 procedures, 
pesticides and pests.

    Dated: November 29, 2007.
James B. Gulliford,
Assistant Administrator for Prevention, Pesticides, and Toxic 
Substances.

0
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 180.1 is amended by removing from the table in paragraph (g) 
the entries for ``Caneberries'', ``Onions'', ``Onions (dry bulb 
only)'', and ``Onions, green'' and by adding alphabetically new entries 
for ``Caneberry'', ``Onion'', ``Onion, bulb'', and ``Onion, green'', 
``Garlic'' and ``Raspberry'' to read as follows:


Sec.  180.1  Definitions and interpretations.

* * * * *
    (g) * * *

------------------------------------------------------------------------
                  A                                    B
------------------------------------------------------------------------
                              * * * * * * *
Caneberry............................  Rubus spp. (including blackberry;
                                       Rubus caesius (youngberry);
                                       Rubus loganbaccus (loganberry);
                                       Rubus idaeus (red and black
                                        raspberry); cultivars,
                                        varieties, and/or hybrids of
                                        these.
                              * * * * * * *
Garlic...............................  Garlic, great headed; garlic, and
                                        serpent garlic.
                              * * * * * * *
Onion................................  Bulb onion; green onion; and
                                        garlic.
Onion, bulb..........................  Bulb onion; garlic; great headed
                                        garlic; serpent garlic; Chinese
                                        onion; pearl onion; potato
                                        onion; and shallot, bulb.
Onion, green.........................  Green onion; lady's leek; leek;
                                        wild leek; Beltsville bunching
                                        onion; fresh onion; tree onion,
                                        tops; Welsh onion; and shallot,
                                        fresh leaves.
                              * * * * * * *
Raspberry............................  Rubus spp. (including bababerry;
                                        black raspberry; blackcap;
                                        caneberry; framboise; frambueso;
                                        himbeere; keriberry; mayberry;
                                        red raspberry; thimbleberry;
                                        tulameen; yellow raspberry; and
                                        cultivars, varieties, and/or
                                        hybrids of these).
                              * * * * * * *
------------------------------------------------------------------------

* * * * *

0
3. Section 180.40 is amended by redesignating paragraph (j) as 
paragraph (k) and adding new paragraph (j) to read as follows:


Sec.  180.40  Tolerances for crop groups.

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

[[Page 69156]]

been superseded by revised crop groups to conform the pre-existing crop 
group to the revised crop group. Once all of the tolerances for the 
pre-existing crop group have been updated, the pre-existing crop group 
will be removed from the CFR.
* * * * *


Sec.  180.41  [Amended]

0
4. Section 180.41 is amended by removing the hyphens in the crop 
subgroup numbers listed in the tables in paragraphs (c)(1)(ii), 
(c)(1)(iii), (c)(4)(ii), (c)(4)(iii), (c)(5)(ii), (c)(5)(iii), 
(c)(6)(ii), (c)(6)(iii), (c)(7)(iii), (c)(9)(ii), (c)(9)(iii), 
(c)(13)(ii), (c)(13)(iii), (c)(19)(ii), and (c)(19)(iii).

0
5. Section 180.41 is further amended by removing the commodities: 
cranberry, grape, kiwifruit, mushroom, and strawberry from paragraph 
(b); by revising paragraph (c)(3), by redesignating paragraphs (c)(4) 
through (c)(19) as paragraphs (c)(5) through (c)(20), respectively, and 
by adding a new paragraph (c)(4) to read as follows:


Sec.  180.41  Crop group tables.

* * * * *
    (c) * * *
    (3) Crop Group 3. Bulb Vegetables (Allium spp.) Group.
    (i) Representative commodities. Onion, green; and onion, dry bulb.
    (ii) Commodities. The following is a list of all the commodities in 
Crop Group 3.

      Crop Group 3: Bulb Vegetable (Allium spp.) Group--Commodities
Garlic, bulb (Allium sativum)
Garlic, great headed, (elephant) (Allium ampeloprasum var. ampeloprasum)
Leek (Allium ampeloprasum, A. porrum, A. tricoccum)
Onion, dry bulb and green (Allium cepa, A. fistulosum)
Onion, Welsh, (Allium fistulosum)
Shallot (Allium cepa var. cepa)
 

    (4) Crop Group 3-07. Bulb Vegetable Group. (i) Representative 
Commodities. Onion, bulb and onion, green.
    (ii) Table. The following Table 1 lists all the commodities listed 
in Crop Group 3-07 and identifies the related crop subgroups.

             TABLE 1.--Crop Group 3-07: Bulb Vegetable Group
------------------------------------------------------------------------
                  Commodities                     Related crop subgroups
------------------------------------------------------------------------
Chive, fresh leaves (Allium schoenoprasum L.)..                    3-07B
Chive, Chinese, fresh leaves (Allium tuberosum                     3-07B
 Rottler ex Spreng)............................
Daylily, bulb (Hemerocallis fulva (L.) L. var.                     3-07A
 fulva)........................................
Elegans hosta (Hosta Sieboldiana (Hook.) Engl).                    3-07B
Fritillaria, bulb (Fritillaria L. fritillary)..                    3-07A
Fritillaria, leaves (Fritillaria L. fritillary)                    3-07B
Garlic, bulb (Allium sativum L. var. sativum)                      3-07A
 (A. sativum Common Garlic Group)..............
Garlic, great headed, bulb (Allium ampeloprasum                    3-07A
 L. var. ampeloprasum) (A. ampeloprasum Great
 Headed Garlic Group)..........................
Garlic, Serpent, bulb (Allium sativum var.                         3-07A
 ophioscorodon or A. sativum Ophioscorodon
 Group)........................................
Kurrat (Allium kurrat Schweinf. Ex. K. Krause                      3-07B
 or A. ampeloprasum Kurrat Group)..............
Lady's leek (Allium cernuum Roth)..............                    3-07B
Leek Allium porrum L. (syn: A. ampeloprasum L.                     3-07B
 var. porrum (L.) J. Gay) (A.ampeloprasum Leek
 Group)........................................
Leek, wild (Allium tricoccum Aiton)............                    3-07B
Lily, bulb (Lilium spp. (Lilium Leichtlinii                        3-07A
 var. maximowiczii, Lilium lancifolium)).......
Onion, Beltsville bunching (Allium x proliferum                    3-07B
 (Moench) Schrad.) (syn: Allium fistulosum L. x
 A. cepa L.)...................................
Onion, bulb (Allium cepa L. var.cepa) (A. cepa                     3-07A
 Common Onion Group)...........................
Onion, Chinese, bulb (Allium chinense G. Don.)                     3-07A
 (syn: A. bakeri Regel)........................
Onion, fresh (Allium fistulosum L. var.                            3-07B
 caespitosum Makino)...........................
Onion, green (Allium cepa L. var. cepa) (A.                        3-07B
 cepa Common Onion Group)......................
Onion, macrostem (Allium macrostemom Bunge)....                    3-07B
Onion, pearl (Allium porrum var. sectivum or A.                    3-07A
 ampeloprasum Pearl Onion Group)...............
Onion, potato, bulb (Allium cepa L. var.                           3-07A
 aggregatum G. Don.) (A. cepa Aggregatum Group)
Onion, tree, tops (Allium x proliferum (Moench)                    3-07B
 Schrad. ex Willd.) (syn: A. cepa var.
 proliferum (Moench) Regel; A. cepa L. var.
 bulbiferum L.H. Bailey; A. cepa L. var.
 viviparum (Metz.) Alef.)......................
Onion, Welsh, tops (Allium fistulosum L.)......                    3-07B
Shallot, bulb (Allium cepa var. aggregatum G.                      3-07A
 Don.).........................................
Shallot, fresh leaves (Allium cepa var.                            3-07B
 aggregatum G. Don.)...........................
Cultivars, varieties, and/or hybrids of these..  .......................
------------------------------------------------------------------------

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

               TABLE 2.--Crop Group 3-07: Subgroup Listing
------------------------------------------------------------------------
     Representative commodities                   Commodities
------------------------------------------------------------------------
Crop subgroup 3-07A. Onion, bulb,     Daylily, bulb; fritillaria, bulb;
 subgroup.                             garlic, bulb; garlic, great-
Onion, bulb.........................   headed, bulb; garlic, serpent,
                                       bulb; lily, bulb; onion, bulb;
                                       onion, Chinese, bulb; onion,
                                       pearl; onion, potato, bulb;
                                       shallot, bulb; cultivars,
                                       varieties, and/or hybrids of
                                       these.
Crop subgroup 3-07B. Onion, green,    Chive, fresh leaves; chive,
 subgroup.                             Chinese, fresh leaves; elegans
Onion, green........................   hosta; fritillaria, leaves;
                                       kurrat; lady's leek; leek; leek,
                                       wild; Onion, Beltsville bunching;
                                       onion, fresh; onion, green;
                                       onion, macrostem; onion, tree,
                                       tops; onion, Welsh, tops;
                                       shallot, fresh leaves; cultivars,
                                       varieties, and/or hybrids of
                                       these.
------------------------------------------------------------------------


[[Page 69157]]

* * * * *

0
6. Section 180.41 is further amended by redesignating newly designated 
paragraphs (c)(15) through (c)(20) as paragraphs (c)(16) through 
(c)(21), respectively, and by adding a new paragraph (c)(15) and 
paragraph (c)(22) to read as follows:


Sec.  180.41  Crop group tables.

* * * * *
    (c) * * *
    (15) Crop Group 13-07. Berry and Small Fruit Crop Group
    (i) Representative commodities. Any one blackberry or any one 
raspberry; highbush blueberry; elderberry or mulberry; grape; fuzzy 
kiwifruit, and strawberry.
    (ii) Table. The following Table 1 lists all the commodities listed 
in Crop Group 13-07 and identifies the related crop subgroups.

      TABLE 1.--Crop Group 13-07: Berry and Small Fruit Crop Group
------------------------------------------------------------------------
                  Commodities                     Related crop subgroups
------------------------------------------------------------------------
Amur river grape (Vitis amurensis Rupr)........   13-07D, 13-07E, 13-07F
Aronia berry (Aronia spp.).....................                   13-07B
Bayberry (Myrica spp.).........................                   13-07C
Bearberry (Arctostaphylos uva-ursi)............           13-07G, 13-07H
Bilberry (Vaccinium myrtillus L.)..............           13-07G, 13-07H
Blackberry (Rubus spp.) (including Andean                         13-07A
 blackberry, arctic blackberry, bingleberry,
 black satin berry, boysenberry, brombeere,
 California blackberry, Chesterberry, Cherokee
 blackberry, Cheyenne blackberry, common
 blackberry, coryberry, darrowberry, dewberry,
 Dirksen thornless berry, evergreen blackberry,
 Himalayaberry, hullberry, lavacaberry,
 loganberry, lowberry, Lucretiaberry, mammoth
 blackberry, marionberry, mora, mures deronce,
 nectarberry, Northern dewberry, olallieberry,
 Oregon evergreen berry, phenomenalberry,
 rangeberry, ravenberry, rossberry, Shawnee
 blackberry, Southern dewberry, tayberry,
 youngberry, zarzamora, and cultivars,
 varieties and/or hybrids of these.............
Blueberry, highbush (Vaccinium spp.)...........                   13-07B
Blueberry, lowbush (Vaccinium angustifolium                       13-07B
 Aiton)........................................
Buffalo currant (Ribes aureum Pursh)...........                   13-07B
Buffaloberry (Shepherdia argentea (Pursh)                         13-07C
 Nutt.)........................................
Che (Cudrania tricuspidata Bur. Ex Lavallee)...                   13-07C
Chilean guava (Myrtus ugni Mol.)...............                   13-07B
Chokecherry (Prunus virginiana L.).............                   13-07C
Cloudberry (Rubus chamaemorus L.)..............           13-07G, 13-07H
Cranberry (Vaccinium macrocarpon Aiton)........           13-07G, 13-07H
Currant, black (Ribes nigrum L.)...............                   13-07B
Currant, red (Ribes rubrum L.).................                   13-07B
Elderberry (Sambucus spp.).....................           13-07B, 13-07C
European barberry (Berberis vulgaris L.).......                   13-07B
Gooseberry (Ribes spp.)........................           13-07B, 13-07D
Grape (Vitis spp.).............................           13-07D, 13-07F
Highbush cranberry (Viburnum opulus L. var.                       13-07B
 Americanum Aiton).............................
Honeysuckle, edible (Lonicera caerula L. var.                     13-07B
 emphyllocalyx Nakai, Lonicera caerula L var .
 edulis Turcz. ex herder)......................
Huckleberry (Gaylussacia spp.).................                   13-07B
Jostaberry (Ribes x nidigrolaria Rud. Bauer and                   13-07B
 A. Bauer).....................................
Juneberry (Saskatoon berry) (Amelanchier spp.).           13-07B, 13-07C
Kiwifruit, fuzzy (Actinidia deliciosa A. Chev.)           13-07D, 13-07E
 (C.F. Liang and A.R. Fergusons, Actinida
 chinensis Planch.)............................
Kiwifruit, hardy (Actinidia arguta (Siebold and   13-07D, 13-07E, 13-07F
 Zucc.) Planch. ex Miq)........................
Lingonberry (Vaccinium vitis-idaea L.).........    13-07B, 13-07G 13-07H
Maypop (Passiflora incarnata L.)...............           13-07E, 13-07F
Mountain pepper berries (Tasmannia                                13-07C
 lanceolata)(Poir.) A.C.Sm.....................
Mulberry (Morus spp.)..........................                   13-07C
Muntries (Kunzea pomifera F. Muell.)...........           13-07G, 13-07H
Native currant (Acrotriche depressa R. BR.)....                   13-07B
Partridgeberry (Mitchella repens L.)...........           13-07G, 13-07H
Phalsa (Grewia subinaequalis DC.)..............                   13-07C
Pincherry (Prunus pensylvanica L.f.)...........                   13-07C
Raspberry, black and red (Rubus spp.)..........                   13-07A
Riberry (Syzygium luehmannii)..................                   13-07C
Salal (Gaultheria shallon Pursh.)..............           13-07B, 13-07C
Schisandra berry (Schisandra chinensis (Turcz.)   13-07D, 13-07E, 13-07F
 Baill.).......................................
Sea buckthorn (Hippophae rhamnoides L.)........                   13-07B
Serviceberry (Sorbus spp.).....................                   13-07C
Strawberry (Fragaria x ananassa Duchesne)......                   13-07G
Wild raspberry (Rubus muelleri Lefevre ex P.J.                    13-07A
 Mull).........................................
Cultivars, varieties, and/or hybrids of these..  .......................
------------------------------------------------------------------------

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

[[Page 69158]]



              TABLE 2.--Crop Group 13-07: Subgroup Listing
------------------------------------------------------------------------
       Representative commodities                  Commodities
------------------------------------------------------------------------
Crop Subgroup 13-07A. Caneberry
 subgroup
    Any one blackberry or any one        Blackberry; loganberry;
     raspberry..                          raspberry, red and black; wild
                                          raspberry; cultivars,
                                          varieties, and/or hybrids of
                                          these.
Crop Subgroup 13-07B. Bushberry
 subgroup.
    Blueberry, highbush................  Aronia berry; blueberry,
                                          highbush; blueberry, lowbush;
                                          buffalo currant; Chilean
                                          guava; currant, black;
                                          currant, red; elderberry;
                                          European, barberry;
                                          gooseberry; cranberry,
                                          highbush; honeysuckle, edible;
                                          huckleberry; jostaberry;
                                          Juneberry; lingonberry; native
                                          currant; salal; sea buckthorn;
                                          cultivars, varieties, and/or
                                          hybrids of these.
Crop Subgroup 13-07C. Large shrub/tree
 berry subgroup.
    Elderberry or mulberry.............  Bayberry; buffaloberry; che;
                                          chokecherry; elderberry;
                                          Juneberry; mountain pepper
                                          berries; mulberry; phalsa;
                                          pincherry; riberry; salal;
                                          serviceberry; cultivars,
                                          varieties, and/or hybrids of
                                          these.
Crop Subgroup 13-07D. Small fruit vine
 climbing subgroup.
    Grape and fuzzy kiwifruit..........  Amur river grape; gooseberry;
                                          grape; kiwifruit, fuzzy;
                                          kiwifruit, hardy; Maypop;
                                          schisandra berry; cultivars,
                                          varieties, and /or hybrids of
                                          these.
Crop Subgroup 13-07E. Small fruit vine
 climbing subgroup, except grape.
    Fuzzy kiwifruit....................  Amur river grape; gooseberry;
                                          kiwifruit, fuzzy; kiwifruit,
                                          hardy; Maypop; schisandra
                                          berry; cultivars, varieties,
                                          and/or hybrids of these.
Crop Subgroup 13-07F. Small fruit vine
 climbing subgroup except fuzzy
 kiwifruit.
    Grape..............................  Amur river grape; gooseberry;
                                          grape; kiwifruit, hardy;
                                          Maypop; schisandra berry;
                                          cultivars varieties, and/or
                                          hybrids of these.
Crop Subgroup 13-07G. Low growing berry
 subgroup.
    Strawberry.........................  Bearberry; bilberry; blueberry,
                                          lowbush; cloudberry;
                                          cranberry; lingonberry;
                                          muntries; partridgeberry;
                                          strawberry; cultivars,
                                          varieties, and/or hybrids of
                                          these.
Crop Subgroup 13-07H. Low growing berry
 subgroup, except strawberry.
    Cranberry..........................  Bearberry; bilberry; blueberry,
                                          lowbush; cloudberry;
                                          cranberry; lingonberry;
                                          muntries; partridgeberry;
                                          cultivars, varieties, and/or
                                          cultivars of these.
------------------------------------------------------------------------

* * * * *
    (22) Crop Group 21. Edible fungi Group.
    (i) Representative commodities. White button mushroom and any one 
oyster mushroom or any Shiitake mushroom.
    (ii) Table. The following is a list of all the commodities in Crop 
Group 21. There are no related subgroups.

             Crop Group 21: Edible Fungi Group--Commodities
Blewitt, Lepista nuda (Tricholomataceae)
Bunashimeji, Hypsizygus marrmoreus (Agaricaceae)
Chinese mushroom, Volvariella volvacea (Bull.) Singer (Pluteaceae)
Enoki, Flammulina velutipes (Curt.) Singer (Tricholomataceae)
Hime-Matsutake, Agaricus blazei Murill (Agaricaeae)
Hirmeola, Auricularia auricular (Auricularicaceae)
Maitake, Grifola frondosa (Polyporaceae)
Morel, Morchella spp. (Morchellaceae)
Nameko, Pholiota nameko, (Strophariaceae)
Net Bearing Dictyophora, Dictyophora indusiata (Phallaceae)
Oyster mushroom, Pleurotus spp. (Tricholomataceae)
Pom Pom, Hericium erinaceus (Hydnaceae)
Reishi mushroom, Ganoderma lucidum (Leyss. Fr.) Karst. (Ganodermataceae)
Rodman's agaricus, Agaricus bitorquis (Quel.) Saccardo (Agaricaceae)
Shiitake mushroom, Lentinula edodes (Berk.) Pegl. (Polyporaceae)
Shimeji, Tricholoma conglobatum, (Tricholomataceae)
Stropharia, Stropharia spp. (Strophariaceae)
Truffle, Tuber spp. (Tuberaceae)
White button mushroom, Agaricus bisporous (Lange) Imbach (Agaricaceae)
White Jelly Fungi, Tremella fuciformis (Tremellaceae)
 

[FR Doc. E7-23659 Filed 12-6-07; 8:45 am]
BILLING CODE 6560-50-S