Pesticide Tolerance Crop Grouping Program III; Revisions to General Tolerance Regulations, 50617-50622 [2012-20667]
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of section 408(n)(4) of FFDCA. As such,
the Agency has determined that this
action will not have a substantial direct
effect on States or tribal governments,
on the relationship between the national
government and the States or tribal
governments, or on the distribution of
power and responsibilities among the
various levels of government or between
the Federal Government and Indian
tribes. Thus, the Agency has determined
that Executive Order 13132, entitled
Federalism (64 FR 43255, August 10,
1999) and Executive Order 13175,
entitled Consultation and Coordination
with Indian Tribal Governments (65 FR
67249, November 9, 2000) do not apply
to this final rule. In addition, this final
rule does not impose any enforceable
duty or contain any unfunded mandate
as described under Title II of the
Unfunded Mandates Reform Act of 1995
(UMRA) (Pub. L. 104–4).
This action does not involve any
technical standards that would require
Agency consideration of voluntary
consensus standards pursuant to section
12(d) of the National Technology
Transfer and Advancement Act of 1995
(NTTAA), Public Law 104–113, section
12(d) (15 U.S.C. 272 note).
X. 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 to 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 this final rule in the
Federal Register. This final 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,
Agricultural commodities, Aliphatic
alkyl quaternaries, Food-contact
sanitizers, Pesticides and pests,
Quaternary ammonium compounds,
Reporting and recordkeeping
requirements.
Dated: August 9, 2012.
Joan Harrigan-Farrelly,
Director, Antimicrobials Division, Office of
Pesticide Programs.
Therefore, 40 CFR chapter I is
amended as follows:
PART 180—[AMENDED]
1. The authority citation for part 180
continues to read as follows:
■
Authority: 21 U.S.C. 321(q), 346a and 371.
2. In § 180.940(a), the table is
amended by revising in its entirety, the
entry for ‘‘Quaternary ammonium
compounds, didecyl dimethyl
ammonium carbonate/didecyl dimethyl
ammonium bicarbonate’’ which
immediately preceeds the pesticide
chemical which reads in part ‘‘Silver
ions resulting * * *’’ to read as follows:
■
§ 180.940 Tolerance exemptions for active
and inert ingredients for use in
antimicrobial formulations (Food-contact
surface sanitizing solutions).
*
*
*
(a) * * *
*
*
Pesticide chemical
CAS Reg. No.
Limits
*
*
*
Quaternary ammonium compounds, didecyl dimethyl
ammonium carbonate/didecyl dimethyl ammonium bicarbonate.
*
148788–55–0/148812–654–
1.
*
*
*
When ready for use, the end-use concentration of these
specific ammonium compounds is not to exceed 400
ppm of active quaternary ammonium compound.
*
*
*
*
*
*
*
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[FR Doc. 2012–20663 Filed 8–21–12; 8:45 am]
BILLING CODE 6560–50–P
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
Environmental Protection
Agency (EPA).
ACTION: Final rule.
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AGENCY:
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
SUMMARY:
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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 https://
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 https://
www.epa.gov/dockets.
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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:
nollen.laura@epa.gov.
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.
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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).
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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
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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 preexisting 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.
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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
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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:
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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 preexisting 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
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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 preexisting 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.
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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-forprofit 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
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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.
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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]
1. The authority citation for part 180
continues to read as follows:
■
Authority: 21 U.S.C. 321(q). 346a and 371.
2. Section 180.41 is amended as
follows:
■ a. Redesignate paragraphs (c)(17)
through (c)(26) as paragraphs (c)(18)
■
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through (c)(27), respectively, and add a
new paragraph (c)(17).
■ 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:
§ 180.41
Crop group tables.
*
*
*
*
*
(c) * * *
(17) Crop Group 12–12: Stone Fruit
Group.
50621
(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
Related crop
subgroup
Commodities
Apricot (Prunus armeniaca L.) ...............................................................................................................................................................
Apricot, Japanese (Prunus mume Siebold & Zucc.) .............................................................................................................................
Capulin (Prunus serotina Ehrh. var. salicifolia (Kunth) Koehne) ...........................................................................................................
Cherry, black (Prunus serotina Ehrh.) ...................................................................................................................................................
Cherry, Nanking (Prunus tomentosa Thunb.) ........................................................................................................................................
Cherry, sweet (Prunus avium (L.) L.) ....................................................................................................................................................
Cherry, tart (Prunus cerasus L.) ............................................................................................................................................................
Jujube, Chinese (Ziziphus jujuba Mill.) ..................................................................................................................................................
Nectarine (Prunuspersica (L.) Batsch var. nucipersica (Suckow) C.K. Schneid) .................................................................................
Peach (Prunus persica (L.) Batsch var. persica) ...................................................................................................................................
Plum (Prunus domestica L. subsp. domestica) .....................................................................................................................................
Plum, American (Prunus americana Marshall) ......................................................................................................................................
Plum, beach (Prunus maritima Marshall) ..............................................................................................................................................
Plum, Canada (Prunus nigra Aiton) .......................................................................................................................................................
Plum, cherry (Prunus cerasifera Ehrh.) .................................................................................................................................................
Plum, Chickasaw (Prunus angustifolia Marshall) ..................................................................................................................................
Plum, Damson (Prunus domestica L. subsp. insititia (L.) C.K. Schneid.) .............................................................................................
Plum, Japanese (Prunus salicina Lindl.; P. salicina Lindl. var. salicina) ..............................................................................................
Plum, Klamath (Prunus subcordata Benth.) ..........................................................................................................................................
Plum, prune (Prunus domestica L. subsp. domestica) ..........................................................................................................................
Plumcot (Prunus hybr.) ..........................................................................................................................................................................
Sloe (Prunus spinosa L.) .......................................................................................................................................................................
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
12–12C
12–12C
12–12A
12–12A
12–12A
12–12A
12–12A
12–12C
12–12B
12–12B
12–12C
12–12C
12–12C
12–12C
12–12C
12–12C
12–12C
12–12C
12–12C
12–12C
12–12C
12–12C
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.
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*
(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.)
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Federal Register / Vol. 77, No. 163 / Wednesday, August 22, 2012 / Rules and Regulations
CROP GROUP 14–12: TREE NUT GROUP—Continued
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 Carriere 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. & Frem.; 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
*
*
*
*
*
[FR Doc. 2012–20667 Filed 8–21–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 268
[EPA–HQ–RCRA–2010–0851; FRL–9715–3]
Land Disposal Restrictions: SiteSpecific Treatment Variance for
Hazardous Selenium-Bearing Waste
Treated by U.S. Ecology Nevada in
Beatty, NV
This final rule will be effective
August 22, 2012.
DATES:
EPA (or the Agency) is
granting a site-specific treatment
variance, under the Land Disposal
Restrictions program, to U.S. Ecology
Nevada in Beatty, Nevada for the
treatment of a hazardous seleniumbearing waste generated by the OwensBrockway Glass Container Company in
Vernon, California. The Agency has
determined that the chemical properties
of the waste generated by the Owens-
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EPA has established a
docket for this action under Docket ID
No. EPA–HQ–RCRA–2010–0851. All
documents in the docket are listed on
the https://www.regulations.gov Web
site. Although listed in the index, some
information may not be publicly
available, because for example, it may
be Confidential Business Information
(CBI) or other information, the
disclosure of which is restricted by
statute. Certain material, such as
copyrighted material, is not placed on
the Internet and will be publicly
available only in hard copy form.
ADDRESSES:
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
SUMMARY:
Brockway Glass Container Corporation
differ significantly from the waste used
in developing the Land Disposal
Restrictions treatment standard for
selenium-bearing wastes, and as such
cannot be treated to the specified
treatment level of 5.7 mg/L for
selenium, as measured by the Toxicity
Characteristic Leaching Procedure
(TCLP). The site-specific treatment
variance provides an alternative
treatment standard of 59 mg/L TCLP for
selenium, with the condition that the
waste-to-reagent ratio not exceed 1:0.45.
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Publicly available docket materials are
available either electronically through
https://www.regulations.gov or in hard
copy at the RCRA Docket, EPA/DC, EPA
West, Room 3334, 1301 Constitution
Avenue NW., Washington, DC. The
Docket Facility 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 RCRA Docket is (202)
566–0270. A reasonable fee may be
charged for copying docket materials.
FOR FURTHER INFORMATION CONTACT: For
more information on this rulemaking,
contact Jesse Miller, Materials Recovery
and Waste Management Division, Office
of Resource Conservation and Recovery
(MC 5304 P), U.S. Environmental
Protection Agency, 1200 Pennsylvania
Ave. NW., Washington, DC 20460;
telephone (703) 308–1180; fax (703)
308–0522; or miller.jesse@epa.gov.
SUPPLEMENTARY INFORMATION:
A. Does this action apply to me?
This action applies only to U.S. Ecology
Nevada located in Beatty, Nevada.
B. Table of Contents
I. Background
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[Federal Register Volume 77, Number 163 (Wednesday, August 22, 2012)]
[Rules and Regulations]
[Pages 50617-50622]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-20667]
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 https://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 https://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: nollen.laura@epa.gov.
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
------------------------------------------------------------------------
* * * * *
[FR Doc. 2012-20667 Filed 8-21-12; 8:45 am]
BILLING CODE 6560-50-P
