Pesticides; Expansion of Crop Grouping Program VI, 1091-1105 [2021-27057]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 87, Number 6 (Monday, January 10, 2022)]
[Proposed Rules]
[Pages 1091-1105]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-27057]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2006-0766; FRL-5031-12-OCSPP]
RIN 2070-AJ28


Pesticides; Expansion of Crop Grouping Program VI

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: The Environmental Protection Agency (EPA) is proposing 
revisions to its pesticide tolerance crop grouping regulations, which 
allow the establishment of tolerances for multiple related crops based 
on data from a representative set of crops. EPA is proposing amendments 
to Crop Group 6: Legume Vegetables; Crop Group 7: Foliage of Legume 
Vegetables; Crop Group 15: Cereal Grains; and Crop Group 16: Forage, 
Fodder and Straw of Cereal Grains. EPA is also proposing amendments to 
the associated commodity definitions. This is the sixth in a series of 
planned crop group updates expected to be prepared over the next 
several years.

DATES: Comments must be received on or before March 11, 2022.

ADDRESSES: Submit your comments, identified by docket identification 
(ID) number EPA-HQ-OPP-2006-0766, through the Federal eRulemaking 
Portal at https://www.regulations.gov. Follow the online instructions 
for submitting comments. Do not submit electronically any information 
you consider to be Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. Additional 
instructions on commenting or visiting the docket, along with more 
information about dockets generally, is available at https://www.epa.gov/dockets.
    Due to the public health concerns related to COVID-19. The EPA 
Docket Center (EPA/DC) and Reading Room is open to visitors by 
appointment only. The staff continues to provide remote customer 
service via email, phone, and webform. For the latest status 
information on EPA/DC services and docket access, visit https://www.epa.gov/dockets.

FOR FURTHER INFORMATION CONTACT: Sara Kemme; Mission Support Division 
(7101M), Office of Program Support, Environmental Protection Agency, 
1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone number 
202-566-1217; email address: [email protected].

SUPPLEMENTARY INFORMATION:

I. Executive Summary

A. Does this action apply to me?

    You may be potentially affected by this action if you are an 
agricultural producer, pesticide manufacturer, 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 applies to them. 
Potentially affected entities may include:
     Crop production (NAICS code 111).
     Animal production (NAICS code 112).
     Food manufacturing (NAICS code 311).
     Pesticide manufacturing (NAICS code 32532)

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

    The EPA is initiating this rulemaking to amend the existing crop 
grouping regulations under section 408(e)(1)(C) of the Federal Food, 
Drug, and Cosmetic Act (FFDCA), which authorizes EPA to establish 
``general procedures and requirements to implement [section 408].'' 21 
U.S.C. 346a(e)(1)(C). Under FFDCA section 408, EPA is authorized to 
establish tolerances for pesticide chemical residues in food. EPA 
establishes tolerances for each pesticide based on data on the 
pesticide residues and 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 commodities 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.

[[Page 1092]]

C. What should I consider as I prepare my comments for EPA?

1. Submitting CBI
    Do not submit this information to EPA through regulations.gov or 
email. Clearly mark the part or all of the information that you claim 
to be CBI. For CBI information in a disk or CD-ROM that you mail to 
EPA, mark the outside of the disk or CD-ROM as CBI and then identify 
electronically within the disk or CD-ROM the specific information that 
is claimed as CBI. In addition to one complete version of the comment 
that includes information claimed as CBI, a copy of the comment that 
does not contain the information claimed as CBI must be submitted for 
inclusion in the public docket. Information so marked will not be 
disclosed except in accordance with procedures set forth in 40 CFR part 
2.
2. Tips for Preparing Your Comments
    When preparing and submitting your comments, see the commenting 
tips at https://www.epa.gov/dockets/comments.html.

D. What action is the Agency taking?

    This proposed rule is the sixth in an ongoing series of crop group 
updates, including additional updates expected to be promulgated in the 
next several years. EPA is proposing revisions to EPA's regulations 
governing crop group tolerances for pesticides. Specifically, this rule 
is proposing revisions to Crop Group 6: Legume Vegetables (Succulent or 
Dried) Group; Crop Group 7: Foliage of Legume Vegetables Group; Crop 
Group 15: Cereal Grains Group; and Crop Group 16: Forage, Fodder, and 
Straw of Cereal Grains Group. The proposed changes include changes to 
the terminology in the names of Crop Groups 6, 7 and 16, the addition 
of commodities, and changes that advance international harmonization. 
In addition, the proposed changes include revisions to the subgroups 
for Crop Group 6 and the addition of subgroups for Crop Group 15. EPA 
is also proposing additions and revisions to associated commodity 
definitions at 40 CFR 180.1(g). Unit III of this proposal includes a 
detailed description of the proposed changes.

E. Why is the Agency taking this action?

    EPA sets tolerances, which are the maximum amount of a pesticide 
allowed to remain in or on a food, as part of the process of regulating 
pesticides that may leave residues in food. Crop groups are established 
when residue data for certain representative crops are used to 
establish pesticide tolerances for a group of crops that are 
botanically or taxonomically related. Representative crops of a crop 
group or subgroup are those crops whose residue data can be used to 
establish a tolerance for the entire group or subgroup.
    With the establishment of crop groups such as the ones being 
revised in this proposed rule, EPA seeks to:
     Enhance our ability to conduct food safety evaluations on 
crops for tolerance-setting purposes;
     Promote global harmonization of food safety standards;
     Reduce regulatory burden; and
     Ensure food safety for agricultural goods.

F. What are the estimated incremental economic impacts of this action?

    EPA prepared an Economic Analysis which concludes that this is a 
burden-reducing regulation (Ref. 1). Crop grouping permits the results 
of pesticide residue studies for some crops, called representative 
crops, to be applied to other, similar crops in the group. EPA expects 
these revisions to promote greater use of crop groupings for tolerance-
setting purposes, both domestically and in countries that export food 
to the U.S.
    The estimate of cost savings from the proposed revisions to Crop 
Group 6: Legume Vegetables (Succulent or Dried) Group are around $38.0 
million annually. There are no cost savings from the proposed revisions 
to Crop Group 7: Foliage of Legume Vegetables Group. The estimate of 
cost savings from the proposed revisions to Crop Group 15: Cereal 
Grains Group are around $89.9 million annually. The estimate of cost 
savings from the proposed revisions to Crop Group 16: Forage, Fodder, 
and Straw of Cereal Grains Group are around $76.7 million annually. The 
total estimated cost savings from the rule is $204.6 million annually. 
This cost savings value should be considered an overestimate. The 
methodology used to estimate cost savings implicitly assumes that all 
of the new crops being added to the group have a residue field trial 
that is replaced by the residue field trials of the representative 
crops. However, some of these crops would never have been the subject 
of a pesticide tolerance petition that required a residue field trial. 
Therefore, it does not reflect actual savings, but merely a potential 
savings if a registrant or Interregional Research Project Number 4 (IR-
4) were planning to submit residue field trial data to support a 
tolerance petition.
    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, the environment, or 
human health. In particular, specialty crop producers may gain access 
to pesticides that are registered on the crop group that would not have 
been available when the crop was not part of the group. Although this 
rule may make it possible to get a pesticide tolerance on a larger 
number of crops within a group, it will not necessarily increase the 
amount of pesticides released into the environment and will expand the 
choice of pesticides for crop producers, which may result in the use of 
safer pesticides.

II. Background

A. Tolerance-Setting Requirements and Petitions From the Interregional 
Research Project Number 4 (IR-4) To Expand the Existing Crop Grouping 
System

    EPA is authorized to establish tolerances under FFDCA section 408 
(21 U.S.C. 346a). EPA establishes pesticide tolerances only after 
determining that they are safe, i.e., that there is a reasonable 
certainty that no harm will result from aggregate exposure to the 
pesticide. The U.S. Food and Drug Administration (FDA) and the U.S. 
Department of Agriculture (USDA) enforce compliance with tolerance 
limits.
    Traditionally, tolerances are established for a specific pesticide 
and commodity combination. However, under EPA's crop grouping 
regulations (40 CFR 180.40 and 180.41), a single tolerance may be 
established that applies to a group of related commodities. For 
example, Crop Group 15: Cereal Grains Group is proposed to include 60 
commodities. Crop group tolerances may be established based on residue 
data from designated representative commodities within the group. 
Representative commodities are selected based on EPA's determination 
that they are likely to bear the maximum level of residue that could 
occur on any crop within the group. The proposed representative 
commodities for Crop Group 15-XX are wheat, barley, field corn, sweet 
corn, rice, and either grain sorghum or proso millet. Once a crop group 
tolerance is established, the tolerance level applies to all 
commodities within the group.
    This proposed rule is the sixth in a series of planned crop group 
amendments expected to be completed over the next several years. The 
previous five crop group amendment rules were finalized on December 7, 
2007 (72 FR 69150) (FRL-8343-1); December 8, 2010 (75 FR 76284) (FRL-
8853-8); August 22, 2012 (77 FR 50617)

[[Page 1093]]

(FRL-9354-3); May 3, 2016 (81 FR 26471) (FRL-9944-87); and November 6, 
2020 (85 FR 70976) (FRL-10015-19). Specific information and details 
regarding the history of the crop group regulations, the previous 
amendments to the regulations, and the process for amending crop groups 
can be found in Pesticide Tolerance Crop Grouping Program; Proposed 
Expansion; Proposed Rule, Federal Register (72 FR 28920, May 23, 2007) 
(FRL-8126-1), and in the docket for these actions under docket 
identifier EPA-HQ-OPP-2006-0766 at https://regulations.gov. Specific 
information regarding how the Agency implements crop group amendments 
can be found in 40 CFR 180.40.
    The proposed changes identified in this action have been informed 
by petitions developed by the International Crop Grouping Consulting 
Committee (ICGCC) workgroup and submitted to EPA by a nation-wide 
cooperative project, IR-4 (Refs. 2 and 3). The petitions and the 
supporting monographs, as well as EPA's analyses of the petitions 
(Refs. 4-11), are included in the docket for this action. Additional 
petitions seeking future amendments and changes to the crop grouping 
regulations (40 CFR 180.40 and 180.41) from the ICGCC workgroup and IR-
4 have been submitted and are being evaluated by EPA.

B. Regulatory Burden Reductions and Cost Savings Achieved Through the 
Expansion of the Existing Crop Grouping System

    In 2007, EPA prepared an Economic Analysis (EA) of the potential 
costs and benefits associated with the first proposed rule issued in 
this series of updates, entitled ``Economic Analysis Proposed Expansion 
of Crop Grouping Program'' (Ref. 12). EPA considers the findings of the 
2007 EA to apply to each subsequent crop group rulemaking, including 
this proposal, due to the similarity in purpose and scope of each of 
those rulemakings.
    As discussed in the 2007 EA, EPA believes that crop grouping 
rulemakings are burden-reducing and cost-saving regulations. However, 
the impacts in the 2007 EA were measured primarily on a qualitative 
basis. For example, the crop grouping rules provide for greater sharing 
of data by permitting the results from a magnitude of residue field 
trial study in one crop to be applied to other, similar crops. The 
primary beneficiaries are minor crop producers and pesticide 
registrants. Minor crop producers benefit because lower registration 
costs will encourage more products to be registered on minor crops, 
providing additional tools (i.e., pesticides) for pest control. 
Pesticide registrants are expected to benefit as expanded markets for 
pesticide products will lead to increased sales. Additionally, the IR-
4, which is publicly funded, is also expected to benefit from this rule 
as it will help IR-4 use its resources more efficiently in its efforts 
to ensure that minor or specialty crop growers have access to legal, 
registered uses of essential pest management tools such as pesticides 
and biopesticides. The Agency is also expected to 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 groupings, greater ease of 
establishing tolerances, greater capacity to assess risks of pesticides 
used on crops grown both in the United States and not grown in the 
United States, 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.
    While the 2007 EA provides a qualitative assessment of the benefits 
of the crop grouping rulemaking activities, EPA has developed a new 
burden reduction and cost savings assessment specific to the crop group 
amendments proposed in this rule, titled ``Burden Reduction from the 
Proposed Expansion of Crop Grouping Program'' (Ref. 1). Although there 
are some uncertainties in the evaluation, for this final rule, EPA 
estimates that the cost savings from these proposed amendments to be 
approximately $204.6 million annually.
    EPA's full analysis on the estimated burden reductions and cost 
savings is provided in the docket for this action at regulations.gov 
using Docket ID EPA-HQ-OPP-2006-0766. EPA welcomes feedback on the 
assumptions made in developing these estimates, as well as any 
additional information that may help the Agency to refine these 
estimates.

C. International Efforts and Considerations

1. United States-Mexico-Canada Agreement Partner Involvement in the 
Proposal
    EPA's Office of Pesticide Programs' Chemistry Science Advisory 
Council (ChemSAC), an internal Agency peer review committee, provided 
detailed analyses for each proposed crop group to IR-4, Canada's Pest 
Management Regulatory Agency (PMRA), and the government of Mexico for 
their review and comment, and invited these parties to participate in 
the ChemSAC meeting to finalize the EPA's recommendations on responses 
to each IR-4 petition. The results of the ChemSAC meetings finalizing 
the recommendations for proposal in this action are provided in the 
docket (Ref. 4-11).
    PMRA has indicated that it will, in parallel with the United States 
effort and under the authority of Canada's Pest Control Products (PCP) 
Act (2002), establish equivalent crop groups. Additionally, once the 
new crop groups become effective in the United States, Mexico will have 
them as a reference for the establishment of maximum residue limits in 
Mexico.
2. Relationship of Proposal to Codex Activities
    When Codex establishes Maximum Residue Limits (MRL) for a pesticide 
chemical residue and EPA is not establishing tolerances at that same 
level, section 408 of the FFDCA calls for EPA to provide an explanation 
for its reasons for departing from that Codex level. In implementing 
this provision, EPA works to harmonize tolerance determinations with a 
Codex MRL whenever possible. This activity facilitates free trade and 
international movement of goods produced in the United States. When a 
Codex crop group is established, EPA will work to harmonize with Codex 
to the extent feasible. Both Canada and Codex have adopted their own 
crop group schemes that are synchronized with and complement the 
efforts and goals of the crop grouping rulemaking efforts.

D. Scheme for Organization of Revised and Pre-Existing Crop Groups

    The generic crop group regulations include an explicit scheme for 
how revised crop groups will be organized in the regulations. In brief, 
the regulations at 40 CFR 180.40(j) specify that when a crop group is 
amended in a manner that expands or contracts its coverage of 
commodities, EPA will retain the pre-existing crop group in 40 CFR 
180.41 and insert the new, related crop group immediately after the 
pre-existing crop group in the CFR. Although EPA will initially retain 
pre-existing crop groups that have been superseded by new crop groups, 
40 CFR 180.41(j) states that EPA will not establish new tolerances 
under the pre-existing groups and that EPA will convert tolerances for 
any pre-existing crop groups to tolerances with the coverage of the new 
crop group. Conversions to revised crop groups are implemented through 
the registration review process and in the course of

[[Page 1094]]

establishing new tolerances for a pesticide.

III. Specific Proposed Revisions

    This unit explains the proposed amendments to the crop group 
regulations.

A. Proposed Amendments to Crop Group 6: Legume Vegetables (Succulent or 
Dried) Group, and Associated Commodity Definitions

    EPA is proposing to amend ``Crop Group 6: Legume Vegetables 
(Succulent or Dried)'' to update the commodity listings in the group. 
EPA also proposes to name the new crop group ``Crop Group 6-XX Legume 
Vegetable Group.'' The following paragraphs describes this crop 
grouping in more detail.
1. Commodities
    Based on similarities of growth habits and edible plant parts that 
are exposed to pesticides, geographical distribution, comparison of 
established tolerances, and for international harmonization purposes, 
EPA is proposing to include 121 commodities in Legume Vegetable Crop 
Group 6-XX. The commodities are distinguished based on the specific 
plant part that is edible, such as edible podded beans and peas, 
succulent shelled beans and peas, and dried seeds of beans and peas, 
which is consistent with how legume vegetables are classified. The 
commodities proposed for inclusion in Crop Group 6-XX are as follows: 
African yam bean, dry seed, Sphenostylis stenocarpa (Hochst. ex A. 
Rich.) Harms; American potato bean, dry seed, Apios americana Medik.; 
Bean (Lupinus spp.), succulent shelled (including, but not limited to 
Andean lupin, blue lupin, grain lupin, sweet lupin, white lupin, white 
sweet lupin, and yellow lupin); Bean (Lupinus spp.), dry seed 
(including, but not limited to Andean lupin, blue lupin, grain lupin, 
sweet lupin, white lupin, white sweet lupin, and yellow lupin); Bean 
(Phaseolus spp.), edible podded (including, but not limited to French 
bean, garden bean, green bean, kidney bean, navy bean, scarlet runner 
bean, snap bean, and wax bean); Bean (Phaseolus spp.), succulent 
shelled (including, but not limited to, lima bean, scarlet runner bean, 
and wax bean); Bean (Phaseolus spp.), dry seed (including, but not 
limited to black bean, cranberry bean, dry bean, field bean, French 
bean, garden bean, great northern bean, green bean, kidney bean, lima 
bean, navy bean, pink bean, pinto bean, red bean, scarlet runner bean, 
tepary bean, and yellow bean); Bean (Vigna spp.), edible podded 
(including, but not limited to asparagus bean, catjang bean, Chinese 
longbean, cowpea, moth bean, mung bean, rice bean, urd bean, and 
yardlong bean); Bean (Vigna spp.), succulent shelled (including, but 
not limited to blackeyed pea, catjang bean, cowpea, crowder pea, moth 
bean and southern pea); Bean (Vigna spp.), dry seed (including, but not 
limited to adzuki bean, asparagus bean, blackeyed pea, catjang bean, 
Chinese longbean, cowpea, crowder pea, moth bean, mung bean, rice bean, 
southern pea, urd bean, and yardlong bean); Broad bean (fava bean), 
succulent shelled, Vicia faba L. subsp. faba var. faba; Broad bean 
(fava bean), dry seed, Vicia faba L. subsp. faba var. faba; Chickpea 
(garbanzo), edible podded, Cicer arietinum L.; Chickpea (garbanzo), 
succulent shelled, Cicer arietinum L.; Chickpea (garbanzo), dry seed, 
Cicer arietinum L.; Goa bean (asparagus pea and winged bean), edible 
podded, Psophocarpus tetragonolobus (L.) DC.; Goa bean (asparagus pea 
and winged bean), succulent shelled, Psophocarpus tetragonolobus (L.) 
DC.; Goa bean, dry seed (asparagus pea and winged bean), Psophocarpus 
tetragonolobus (L.) DC.; Grass pea, edible podded, Lathyrus sativus L.; 
Grass pea, dry seed, Lathyrus sativus L.; Guar bean, edible podded, 
Cyamopsis tetragonoloba (L.) Taub.; Guar bean, dry seed, Cyamopsis 
tetragonoloba (L.) Taub.; Horse gram, dry seed, Macrotyloma uniflorum 
(Lam.) Verdc.; Jackbean, edible podded, Canavalia ensiformis (L.) DC.; 
Jackbean, succulent shelled, Canavalia ensiformis (L.) DC.; Jackbean, 
dry seed, Canavalia ensiformis (L.) DC.; Lablab bean (hyacinth bean), 
edible podded, Lablab purpureus (L.) Sweet subsp. purpureus; Lablab 
bean (hyacinth bean), succulent shelled, Lablab purpureus (L.) Sweet 
subsp. purpureus; Lablab bean (hyacinth bean), dry seed, Lablab 
purpureus (L.) Sweet subsp. purpureus; Lentil, edible podded, Lens 
culinaris Medik. subsp. culinaris; Lentil, succulent shelled, Lens 
culinaris Medik. subsp. culinaris; Lentil, dry seed, Lens culinaris 
Medik. subsp. culinaris; Morama bean, dry seed, Tylosema esculentum 
(Burch.) A. Schreib.; Pea (Pisum spp.), edible podded (including, but 
not limited to dwarf pea, green pea, snap pea, snow pea, and sugar snap 
pea); Pea (Pisum spp.), succulent shelled (including, but not limited 
to English pea, garden pea, and green pea); Pea (Pisum spp.), dry seed 
(including, but not limited to dry pea, field pea, garden pea, and 
green pea); Pigeon pea, edible podded, Cajanus cajan (L.) Huth; Pigeon 
pea, succulent shelled, Cajanus cajan (L.) Huth; Pigeon pea, dry seed, 
Cajanus cajan (L.) Huth; Soybean, seed, Glycine max (L.) Merr.; Sword 
bean, edible podded, Canavalia gladiata (Jacq.) DC.; Sword bean, dry 
seed, Canavalia gladiata (Jacq.) DC.; Vegetable soybean, edible podded 
(edamame), Glycine max (L.) Merr.; Vegetable soybean, succulent shelled 
(edamame), Glycine max (L.) Merr.; Vegetable soybean, dry seed 
(edamame), Glycine max (L.) Merr.; Velvetbean, edible podded, Mucuna 
pruriens (L.) DC.; Velvetbean, succulent shelled, Mucuna pruriens (L.) 
DC.; Velvetbean, dry seed, Mucuna pruriens (L.) DC.; Winged pea, edible 
podded, Lotus tetragonolobus L.; Winged pea, dry seed, Lotus 
tetragonolobus L. Also included are cultivars, varieties, and/or 
hybrids of these commodities. In the parentheticals of this paragraph 
EPA has provided examples of succulent shelled, dry seed, and edible 
podded beans and peas that are included within the species listed and 
covered by this crop group. EPA requests comment on whether there are 
other examples that would be helpful to stakeholders.
    This list of 121 commodities includes several new commodities that 
EPA is proposing to add to Crop Group 6-XX. These include the African 
yam bean, Sphenostylis stenocarpa (Hochst. ex A. Rich.); American 
potato bean, Apios americana Medik; Goa bean (asparagus pea and winged 
bean) Psophocarpus tetragonolobus (L.) DC.; Grass pea, Lathyrus sativus 
L.; Horse gram, Macrotyloma uniflorum (Lam.) Verdc.; Morama bean, 
Tylosema esculentum (Burch.) A. Schreib.; Velvetbean, Mucuna pruriens 
(L.) DC.; and Winged pea, Lotus tetragonolobus L.
    Updating and expanding the commodities included in Crop Group 6-XX 
will have many benefits. Many minor legume orphan crops have become 
more popular in some countries and areas today than they were over 
twenty years ago. Increased globalization of trade has resulted in 
additional commodities to be enjoyed that are grown worldwide. Being 
excluded from the crop groups means that tolerances requested for these 
commodities would have to be established individually and based on 
separate residue studies. Also, this crop group regulation will 
facilitate the establishment of pesticide tolerances for residues of 
numerous pesticides that are needed to control a wide diversity of bean 
and pea pests, as well as to facilitate integrated pest management 
(IPM). Those IPM programs incorporate reduced risk pesticides, organic 
and biopesticides, as well as cultural practices to reduce the 
development of pesticide resistance. Some of these ``minor'' crops have 
great potential to be

[[Page 1095]]

grown on a larger scale in some areas in the future due to their unique 
nutritional and medicinal values. Because the demand for both pea and 
bean crops keeps increasing in the United States, these crops may 
provide local market growers new revenue opportunities for legume 
vegetable crops with high returns per acre. Finally, this proposal more 
closely aligns the commodities in the U.S. legume crop group and 
subgroups with the commodities in the Codex legume crop group and 
subgroups.
    In addition to these commodity additions, EPA is proposing to 
remove ``Succulent or Dried'' from the old group name ``Legume 
Vegetables (Succulent or Dried)'' since this qualification is not 
needed. EPA does not believe these terms belong in the title because 
they are unclear (for example ``succulent'' would include the edible 
podded and succulent shelled). For years, this phrase has not been used 
to describe the crop group when establishing crop group 6 tolerances.
2. Representative Commodities
    EPA is proposing the following seven representative commodities for 
proposed Crop Group 6-XX: Bean (Phaseolus spp. or Vigna spp.; one 
edible podded cultivar, one succulent shelled cultivar, and one dried 
seed); Pea (Pisum spp.; one edible podded cultivar, one succulent 
shelled cultivar, and one dried seed); and Soybean, seed.
    Representative commodities are those crops that are most likely to 
contain the highest residues, are major in terms of production and/or 
consumption, and are similar in morphology, growth habit, pest problems 
and edible portion to the related commodities within a group or 
subgroup. Based on these criteria, EPA is proposing to add Vigna spp. 
as an alternate representative commodity to bean, Phaseolus spp. These 
representative commodities represent over 98% of the total legume 
vegetable harvested acres reported in the USDA Census of Agriculture 
(Ref. 13) and are the highest consumed commodities on a per capita 
basis in the group.
    In addition to adding Vigna spp. as an option, EPA is proposing a 
revision of the representative commodity expression for Crop Group 6 
from ``Bean (Phaseolus spp.; one succulent cultivar and one dried 
cultivar); pea (Pisum spp.; one succulent cultivar and one dried 
cultivar); and soybean'' to read:

    Bean (Phaseolus spp. or Vigna spp.; one edible podded cultivar, 
one succulent shelled cultivar, and one dried seed); Pea (Pisum spp; 
one edible podded cultivar, one succulent shelled cultivar, and one 
dried seed); and Soybean, seed.

    This revision does not imply an increase in data requirements. The 
term ``succulent cultivar'' in the current representative commodity 
expression for Crop Group 6 has always been understood to mean both 
``edible podded cultivar'' and ``succulent shelled cultivar.'' The 
current Crop Field Trial Guideline (Guideline 860.1500) provides some 
guidance on how these terms have been used together. In Table 2 of the 
Guideline, the entry for legume vegetables (succulent or dried) 
requires 12 field trials for the representative commodities of 
succulent bean and 9 field trials for the representative commodity 
succulent pea, although the footnote for each of those requirements 
clarifies that the actual number of field trials is divided between 
edible podded beans (or peas) and succulent shelled beans (or peas). 
(Refs. 14 and 15). While EPA's proposal for the updated Crop Group 6 
explicitly identifies edible podded representative commodities as 
separate from succulent shelled representative commodities, the number 
of field trials is intended to remain the same.
3. Subgroups
    Currently, Legume Vegetables (Succulent or Dried) Crop Group 6 
includes three subgroups:
     Subgroup 6A--Edible podded legume vegetables subgroup,
     Subgroup 6B--Succulent shelled pea and bean subgroup, and
     Subgroup 6C--Dried shelled pea and bean (except soybean) 
subgroup.
    Nine legume subgroups were originally proposed at the 2002 IR-4/
USDA International Crop Grouping Symposium. (Ref. 16). Those nine 
subgroups included the original three subgroups, plus an additional six 
subgroups that divided the original three subgroups into separate bean 
and pea subgroups. This proposal, however, only includes six subgroups 
(the original three subgroups divided into their respective bean and 
pea subgroups). EPA believes these subgroups should provide a better 
understanding of which legumes are included in the appropriate subgroup 
and provide greater flexibility and efficiency in obtaining subgroup 
tolerances. Moreover, EPA believes the proposed reorganization of the 
subgroups would put EPA's regulations in better alignment with the 
legume subgroups established by Codex.
    Legume vegetables are vegetables with edible parts that are 
harvested above ground. Some legumes have edible parts that are 
enclosed in pods, which are removed before marketing or consumption; 
these are called succulent shelled or dried shelled legumes, depending 
on whether they have edible succulent immature seeds which are removed 
from the pod or mature dried seeds which are removed from the pod. In 
both cases, the pod is discarded. For other legumes, the edible parts 
include the pod, which is generally consumed; these are classified as 
edible podded legumes. The types of beans and peas and how they are 
consumed make for logical crop subgroups.
    Therefore, EPA proposes the following six subgroups:
     Crop Subgroup 6-XXA, Edible podded bean subgroup;
     Crop Subgroup 6-XXB, Edible podded pea subgroup;
     Crop Subgroup 6-XXC, Succulent shelled bean subgroup,
     Crop Subgroup 6-XXD, Succulent shelled pea subgroup;
     Crop Subgroup 6-XXE, Dried shelled bean, except soybean, 
subgroup; and
     Crop Subgroup 6-XXF, Dried shelled pea subgroup.
    EPA notes that under the proposal ``soybean, seed'' stands by 
itself as a member of Crop Group 6 but is not proposed to be in one of 
the subgroups. Soybean seed is a major crop with many uses and is an 
important dietary item. EPA does not expect the residues to be the same 
for soybean seed as they would be for the subgroups. (Refs. 9 and 10). 
EPA notes that vegetable soybean (edamame) is in subgroup 6-XXA (edible 
podded beans) and 6-XXC (succulent shelled beans).
    The edible podded bean subgroup 6-XXA and edible podded pea 
subgroup 6-XXB are based on the entire unripe pod with its small 
immature (green) seeds. The succulent shelled bean subgroup 6-XXC and 
succulent shelled pea subgroup 6-XXD have edible succulent immature 
seeds, which are removed from the pod, and the pod is discarded. The 
dried shelled bean subgroup 6-XXE and the dried shelled pea subgroup 6-
XXF have mature dried seeds, which are removed from the dried pods. The 
respective representative commodities and commodity listings are 
provided in (i) through (vi).
    i. Crop Subgroup 6-XXA: Edible podded bean subgroup. 
(Representative commodity--Any cultivar of edible podded bean, 
Phaseolus spp. or Vigna spp.).
    EPA is proposing to include the following commodities in new 
subgroup 6-XXA: Bean (Phaseolus spp.; including, but not limited to 
French bean, garden bean, green bean, kidney bean, navy bean, scarlet 
runner bean, snap bean, and wax bean); Bean (Vigna

[[Page 1096]]

spp.; including, but not limited to asparagus bean, catjang bean, 
Chinese longbean, cowpea, moth bean, mung bean, rice bean, urd bean, 
and yardlong bean); goa bean; guar bean; jackbean; lablab bean; 
vegetable soybean (edamame); sword bean; winged pea; and velvetbean; as 
well as cultivars, varieties, and/or hybrids of these commodities.
    ii. Crop Subgroup 6-XXB: Edible podded pea subgroup. 
(Representative commodity--Any cultivar of edible podded pea, Pisum 
spp).
    EPA is proposing the following commodities in new subgroup 6-XXB: 
Pea (Pisum spp.; including, but not limited to dwarf pea, green pea, 
snap pea, snow pea, and sugar snap pea); grass pea; lentil; pigeon pea; 
and chickpea; as well as cultivars, varieties, and/or hybrids of these 
commodities.
    iii. Crop Subgroup 6-XXC: Succulent shelled bean subgroup. 
(Representative commodity--Any succulent shelled cultivar of bean, 
Phaseolus spp., or Vigna spp.).
    EPA is proposing the following commodities in new subgroup 6-XXC: 
Bean (Phaseolus spp.; including, but not limited to lima bean, scarlet 
runner bean, and wax bean); Bean (Vigna spp.; including, but not 
limited to blackeyed pea, catjang bean, cowpea, crowder pea, moth bean, 
and southern pea); Bean (Lupinus spp.; including, but not limited to 
Andean lupin, blue lupin, grain lupin, sweet lupin, white lupin, white 
sweet lupin, and yellow lupin); broad bean; jackbean; goa bean; lablab 
bean; vegetable soybean (edamame); and velvetbean; as well as 
cultivars, varieties, and/or hybrids of these commodities.
    iv. Crop Subgroup 6-XXD: Succulent shelled pea subgroup. 
(Representative commodity--Any succulent shelled cultivar of garden 
pea, Pisum spp.).
    EPA is proposing the following commodities in new subgroup 6-XXD: 
Chickpea; lentil; Pea (Pisum spp.; including, but not limited to 
English pea, garden pea, and green pea); and pigeon pea; as well as 
cultivars, varieties, and/or hybrids of these commodities.
    v. Crop Subgroup 6-XXE: Dried shelled bean, except soybean, 
subgroup. (Representative commodity--Any one dried seed of bean, 
Phaseolus spp., or Vigna spp.).
    EPA is proposing the following commodities in new subgroup 6-XXE: 
African yam bean; American potato bean; Bean (Lupinus spp.; including, 
but not limited to Andean lupin, blue lupin, grain lupin, sweet lupin, 
white lupin, white sweet lupin, and yellow lupin); Bean (Phaseolus 
spp.; including, but not limited to black bean, cranberry bean, dry 
bean, field bean, French bean, garden bean, great northern bean, green 
bean, kidney bean, lima bean, navy bean, pink bean, pinto bean, red 
bean, scarlet runner bean, tepary bean, and yellow bean); Bean (Vigna 
spp.; including, but not limited to adzuki bean, asparagus bean, 
blackeyed pea, catjang bean, Chinese longbean, cowpea, crowder pea, 
moth bean, mung bean, rice bean, southern pea, urd bean, and yardlong 
bean); broad bean; guar bean; goa bean; horse gram; jackbean; lablab 
bean; morama bean; sword bean; winged pea; velvetbean, seed; and 
vegetable soybean (edamame); as well as cultivars, varieties, and/or 
hybrids of these commodities.
    vi. Crop Subgroup 6-XXF: Dried shelled pea subgroup. 
(Representative commodity--Any one dried seed of pea, Pisum spp.).
    EPA is proposing the following commodities in new subgroup 6-XXF: 
Pea (Pisum spp.; including, but not limited to, dry pea, field pea, 
green pea, and garden pea); chickpea; grass pea; lentil; and pigeon 
pea; as well as cultivars, varieties, and/or hybrids of these 
commodities.
4. Commodity Definitions
    To ensure commodities are clearly defined and specific to which 
part of the plant the commodity covers, EPA is proposing to modify and 
add several definitions to 40 CFR 180.1(g) that are relevant to Crop 
Groups 6 and 7.
    EPA proposes to revise the commodity definition entries for 
``Bean,'' ``Bean, succulent,'' ``Pea,'' and ``Pea, succulent.'' For 
``Bean'' and ``Pea,'' the revisions to the commodity definitions 
reflect the updates to the commodity listings in the proposed Crop 
Groups 6-XX and 7-XX since the commodities are more clearly identified. 
The current definition-based tolerance listings for ``Bean, succulent'' 
and ``Pea, succulent'' are ambiguous in terms of how they should be 
translated into subgroup tolerance listings. EPA proposes to revise 
``Bean, succulent'' and ``Pea, succulent'' to incorporate both edible 
podded and succulent shelled forms. EPA also proposes to add new 
definitions for ``Bean, succulent shelled,'' ``Bean, edible podded,'' 
``Pea, succulent shelled,'' and ``Pea, edible podded'' so these terms 
are defined individually.
    EPA is proposing to remove the entries for ``Bean, dry'' and ``Pea, 
dry,'' because the commodity definitions are not as useful as they once 
were since the beans and peas are more clearly listed in the commodity 
lists for the amended crop groups. These commodity definitions are 
therefore proposed to be replaced with new definitions for ``Bean, dry, 
seed'' and ``Pea, dry, seed,'' which are more accurate and reflect the 
proposed changes to the crop groupings previously discussed. The 
``Bean, dry, seed'' commodities are in crop subgroup 6-XXE, Dried 
shelled bean subgroup, except soybean, subgroup and the ``Pea, dry, 
seed'' commodities are in crop subgroup 6-XXF, Dried shelled pea 
subgroup.

B. Proposed Amendments to Crop Group 7: Foliage of Legume Vegetables 
Group, and Associated Commodity Definitions

    EPA is proposing to amend ``Crop Group 7: Foliage of Legume 
Vegetables Group'' by changing the name to ``Crop Group 7-XX: Forage 
and Hay of Legume Vegetables Group.'' The name change of this crop 
group is proposed to reflect current tolerance nomenclature and uses of 
the crop group commodities. The commodities in this group are livestock 
feed commodities, and only forage and hay residue field trials are 
required. Foliage is a more general term, while forage and hay are 
specific for the raw agricultural commodities included in this crop 
group.
    In addition to the title change, EPA is proposing to update the 
commodity listings in the group. The following paragraphs describes 
this crop grouping in more detail.
1. Commodities
    The description of the current commodities is as follows: ``Plant 
parts of any legume vegetable included in the legume vegetables that 
will be used as animal feed.'' EPA proposes to change this description 
to the following: ``Plant parts of any legume vegetable listed in crop 
group 6-XX that will be used as animal feed.''
    EPA notes that tolerances can be requested independently on CG 6 
and CG 7. Even though CG 7 includes ``plant parts of any legume 
vegetable . . . that will be used as animal feed,'' in practice the 
only commodities that meet that description are cowpeas and field peas 
that are specifically used for forage crops. This is why cowpea is 
being added to the representative commodities. Different varieties of 
cowpeas and field peas are grown to produce edible podded, succulent 
shelled or dry seed beans/peas and for forage and hay of legume 
vegetables. Additionally, they are grown in different parts of the 
country.
2. Representative Commodities
    The current crop group has the following description of the

[[Page 1097]]

representative commodities: ``any cultivar of bean (Phaseolus spp.) and 
field pea (Pisum spp.), and soybean (Glycine max).'' EPA proposes to 
change the representative commodities to ``Any cultivar of bean 
(Phaseolus spp. or cowpea (Vigna unguiculata (L.) Walp)); field pea 
(Pisum sativum L. subsp. sativum var. arvense (L.) Poir.); and soybean 
(Glycine max (L.) Merr.).''
    The only bean commodity currently used as a livestock feedstuff is 
cowpea (Vigna unguiculata (L.) Walp.). At this time, there is no 
Phaseolus spp. that is a significant livestock feed. However, since 
many beans (Phaseolus spp.) are being researched as forage crops, in 
the future there may be a Phaseolus spp. crop that will also have only 
livestock uses. Phaseolus spp. residue data that has been submitted 
with current petitions can substitute for cowpea residue data. Specific 
varieties of field pea such as ``Austrian winter peas'' have been 
developed for use as a forage crop only. While residue data for vines 
and hay are required for field peas, vines of field peas are typically 
referred to as forage for the current Crop Subgroup 7A. Residue data 
for forage and hay are required for soybeans. Therefore, to reflect 
current practice, EPA is proposing to change the representative 
commodities to ``Any cultivar of bean (Phaseolus spp. or cowpea (Vigna 
unguiculata (L.) Walp)); field pea (Pisum sativum L. subsp. sativum 
var. arvense (L.) Poir.); and soybean (Glycine max (L.) Merr.).''
3. Crop Subgroups
    EPA is proposing to revise the name of ``Crop Subgroup 7A. Foliage 
of legume vegetables (except soybeans) subgroup'' to be ``Crop Subgroup 
7-XXA. Forage and hay of legume vegetables (except soybeans) 
subgroup,'' EPA is also proposing several revisions to the crop 
subgroup to parallel the changes being made to the commodities and 
representative commodities of crop Group 7-XX, as follows:
    i. Commodities.
    The following commodities are proposed for Crop Subgroup 7-XXA: 
Plant parts of any legume vegetable listed in crop group 6-XX (except 
soybeans) that will be used as animal feed.
    ii. Representative commodities.
    EPA is proposing the following representative commodities for 
proposed Crop Subgroup 7-XXA: Any cultivar of bean (Phaseolus spp. or 
cowpea (Vigna unguiculata (L.) Walp)); field pea (Pisum sativum L. 
subsp. sativum var. arvense (L.) Poir.).

C. Proposed Amendments to Crop Group 15: Cereal Grains Group

    EPA is proposing to change the name of Crop Group 15: Cereal Grains 
Group to Crop Group 15-XX: Cereal Grain Group. Additionally, EPA is 
proposing changes to the commodities and representative commodities and 
EPA is proposing to add subgroups.
1. Commodities
    EPA is proposing to add additional commodities to Crop Group 15-XX. 
These additions are based on similarities of growth habits and edible 
plant parts (grain, seeds, or achenes) that are exposed similarly to 
pesticides, wide geographical distribution, comparison of established 
tolerances, and for international harmonization purposes. Adding these 
commodities into a group will benefit growers by enabling tools for 
crop protection. Many minor cereal grain orphan crops have become more 
popular in the United States and other countries and regions today than 
when Crop Group 15 was first established. Some of these ``minor'' crops 
have great potential to be grown on a larger scale in some areas in the 
future due to their unique nutritional and medicinal values. Being 
excluded from the crop groups means that tolerances requested for these 
commodities would have to be established based on separate residue 
studies. Also, this proposal would facilitate the establishment of 
pesticide tolerances on numerous pesticides that are needed to control 
a wide diversity of cereal grain pests, and will support IPM programs 
to incorporate reduced risk pesticides and biopesticides, and to reduce 
the development of pesticide resistance. Because the demand for cereal 
grain crops keeps increasing in the United States, as well as older 
varieties such as spelt wheat and emmer wheat (popularly called farro) 
becoming mainstream, these crops may provide local market growers new 
revenue opportunities with high returns per acre. Also, this proposal 
is more closely aligned with the Codex cereal grain crop group and 
subgroups.
    EPA is proposing to include the following 60 cereal grains in Crop 
Group 15-XX: Amaranth, grain, Amaranthus spp.; amaranth, purple, 
Amaranthus cruentus L.; baby corn, Zea mays L. subsp. mays; barley, 
Hordeum vulgare L. subsp. vulgare; buckwheat, Fagopyrum esculentum 
Moench; buckwheat, tartary, Fagopyrum tataricum (L.) Gaertn; 
canarygrass, annual, Phalaris canariensis L.; ca[ntilde]ihua, 
Chenopodium pallidicaule Aellen; chia, Salvia hispanica L.; corn, 
field, Zea mays L. subsp. mays; corn, sweet, Zea mays L. subsp. mays; 
cram cram, Cenchrus biflorus Roxb; fonio, black, Digitaria iburua 
Stapf; fonio, white, Digitaria exilis (Kippist) Stapf; Grain sorghum, 
Sorghum bicolor (L.)
    Moench; huauzontle, grain, Chenopodium berlandieri Moq. subsp. 
nuttalliae (Saff.) H. D. Wilson & Heiser and Chenopodium berlandieri 
Moq.; Inca wheat, Amaranthus caudatus L.; Job's tears, Coix lacryma-
jobi L., Coix lacryma-jobi L. var. ma-yun (Rom. Caill.) Stapf; millet, 
barnyard, Echinochloa frumentacea Link; millet, finger, Eleusine 
coracana (L.) Gaertn. subsp. coracana; millet, foxtail, Setaria italica 
(L.) P. Beauv. subsp. italic; millet, little, Panicum sumatrense Roth; 
millet, pearl, Pennisetum glaucum (L.) R. B. r; Millet, proso, Panicum 
miliaceum L. subsp. miliaceum; oat, Avena spp.; oat, Abyssinian, Avena 
abyssinica Hochst. ex A. Rich.; Oat, common, Avena sativa L.; oat, 
naked, Avena nuda L.; oat, sand, Avena strigosa Schreb.; Popcorn, Zea 
mays L. subsp. mays; princess feather, Amaranthus hypochondriacus L.; 
psyllium, Plantago arenaria Waldst. & Kit.; psyllium, blond, Plantago 
ovata Forssk.; quinoa, Chenopodium quinoa Willd. subsp. quinoa; rice, 
Oryza sativa L.; rice, African, Oryza glaberrima Steud.; rye, Secale 
cereale L. subsp. cereale; teff, Eragrostis tef (Zuccagni) Trotter; 
Teosinte, Zea mays L. subsp. mexicana (Schrad.) H. H. Iltis.; 
triticale, X Triticosecale spp.; wheat, Triticum spp.; wheat, club, 
Triticum aestivum L. subsp. compactum (Host) Mackey; wheat, common, 
Triticum aestivum L. subsp. aestivum; wheat, durum, Triticum turgidum 
L. subsp. durum (Desf.) van Slageren; wheat, einkorn, Triticum 
monococcum L. subsp. monococcum; wheat, emmer, Triticum turgidum L. 
subsp. dicoccon (Schrank) Thell.; wheat, macha, Triticum aestivum L. 
subsp. macha (Dekapr. & Menabde) Mackey; wheat, oriental, Triticum 
turgidum L. subsp. turanicum (Jakubz.) [Aacute]. L[ouml]ve & D. 
L[ouml]ve; wheat, Persian, Triticum turgidum L. subsp. carthlicum 
(Nevski) [Aacute]. L[ouml]ve & D. L[ouml]ve.; wheat, Polish, Triticum 
turgidum L. subsp. polonicum (L.) Thell.; wheat, poulard, Triticum 
turgidum L. subsp. turgidum; wheat, shot, Triticum aestivum L. subsp. 
sphaerococcum (Percival) Mackey; wheat, spelt, Triticum aestivum L. 
subsp. spelta (L.) Thell.; wheat, timopheevi, Triticum timopheevii 
(Zhuk.) Zhuk. subsp. timopheevii; wheat, vavilovi, Triticum vavilovii 
Jakubz.; wheat, wild einkorn, Triticum monococcum L. subsp. 
aegilopoides (Link) Thell; wheat, wild emmer, Triticum turgidum L. 
subsp. dicoccoides

[[Page 1098]]

(K[ouml]rn. ex Asch. & Graebn.) Thell; wheatgrass, intermediate, 
Iseilema prostratum (L.) Andersson; wild rice, Zizania palustris L.; 
wild rice, eastern, Zizania aquatica L., and cultivars, varieties, and 
hybrids of these commodities.
    Twenty-one of these commodities simply reflect specific terms for 
commodities already included in the current crop group (i.e., baby corn 
and the different varieties of oat and wheat). Twenty-four of these 
commodities would be new for the proposed Crop Group 15-XX: Amaranth, 
purple amaranth, tartary buckwheat, annual canarygrass, ca[ntilde]ihua, 
chia, cram cram, black fonio, white fonio, huauzontle, Inca wheat, 
Job's tears, barnyard millet, finger millet, foxtail millet, little 
millet, princess feather, psyllium, blond psyllium, quinoa, African 
rice, teff, intermediate wheatgrass, and eastern wild rice.
2. Subgroups
    EPA is proposing to create 6 subgroups: Crop Subgroup 15-XXA, Wheat 
subgroup; Crop Subgroup 15-XXB, Barley subgroup; Crop Subgroup 15-XXC, 
Field corn subgroup; Crop Subgroup 15-XXD, Sweet corn subgroup; Crop 
Subgroup 15-XXE, Grain sorghum and millet subgroup; and Crop Subgroup 
15-XXF, Rice subgroup. The following are a description of the proposed 
subgroups:
    i. Crop Subgroup 15-XXA: Wheat subgroup. (Representative 
commodity--Wheat).
    EPA is proposing the following commodities for inclusion in 
subgroup 15-XXA: Amaranth, grain; Amaranth, purple; Ca[ntilde]ihua; 
Chia; Cram cram; Huauzontle, grain; Inca wheat; Princess feather; 
Psyllium; Psyllium, blond; Quinoa; Rye; Triticale; Wheat; Wheat, club; 
Wheat, common; Wheat, durum; Wheat, einkorn; Wheat, emmer; Wheat, 
macha; Wheat, oriental; Wheat, Persian; Wheat, Polish; Wheat, poulard; 
Wheat, shot; Wheat, spelt; Wheat, timopheevi; Wheat, vavilovi; Wheat, 
wild einkorn; Wheat, wild emmer; and Wheatgrass, intermediate; as well 
as cultivars, varieties, and hybrids of these commodities.
    ii. Crop Subgroup 15XXB: Barley Subgroup. (Representative 
commodity--Barley).
    EPA is proposing the following commodities for inclusion in 
subgroup 15-XXB: Barley; Buckwheat; Buckwheat, tartary; Canarygrass, 
annual; Oat; Oat, Abyssinian; Oat, common; Oat, naked; and Oat, sand; 
as well as cultivars, varieties, and hybrids of these commodities.
    iii. Crop Subgroup 15-XXC: Field corn subgroup. (Representative 
commodity--Field corn).
    EPA is proposing the following commodities for inclusion in 
subgroup 15-XXC: Corn, field; Popcorn; and Teosinte; as well as 
cultivars, varieties, and hybrids of these commodities.
    iv. Crop Subgroup 15-XXD: Sweet corn subgroup. (Representative 
commodity -Sweet corn).
    EPA is proposing the following commodities for inclusion in 
subgroup 15-XXD: Baby corn; and Corn, sweet; as well as cultivars, 
varieties, and hybrids of these commodities.
    v. Crop Subgroup 15-XXE: Grain sorghum and millet subgroup. 
(Representative commodities--Grain sorghum or Proso millet).
    EPA is proposing the following commodities for inclusion in 
subgroup 15-XXE: Fonio, black; Fonio, white; Grain sorghum; Job's 
tears; Millet, barnyard; Millet, finger; Millet, foxtail; Millet, 
little; Millet, pearl; Millet, Proso; and Teff; as well as cultivars, 
varieties, and hybrids of these commodities.
    vi. Crop Subgroup 15-XXF: Rice subgroup. (Representative 
commodity--Rice).
    EPA is proposing the following commodities for inclusion in 
subgroup 15-XXF: Rice; Rice, African; Wild rice; and Wild rice, 
eastern; as well as cultivars, varieties, and hybrids of these 
commodities.
3. Representative Commodities
    EPA is proposing to include the current representative commodities 
for Crop Group 15, add barley as a representative crop to accommodate 
the new Barley Subgroup (15-XXB), and add proso millet as an 
alternative representative commodity for better harmonization of the 
Grain Sorghum and Millet Subgroup (15-XXD). In practice, the residue 
field trial requirement could be fulfilled by providing the required 
number of trials on just grain sorghum, just proso millet, or a 
combination of the two commodities. EPA notes that barley is a 
representative crop in Canada and barley is also the representative 
commodity for the recently adopted Codex subgroup 020B, Barley, similar 
grains and pseudocereals with husks. EPA does not intend the addition 
of barley as a representative commodity to increase the number of 
required field trials for the group. EPA plans to split the current 
requirement for wheat trials into wheat and barley. Wheat and barley 
are mostly grown in similar field trial regions. Studies unique only to 
wheat or barley would include only the respective crop in the 
appropriate regions. The total number of trials for wheat and barley 
would be the same as when wheat was the only representative crop. 
(Refs. 3-5, 7, and 13-15). Specifically, this would replace the current 
requirement of 15 field trials for wheat with 6 of barley and 9 of 
wheat, resulting in no net increase in field trials (Ref. 5). This 
change applies only to the total number of field trials required for 
Crop Group 15; this change has no impact on the number of field trials 
required to establish a tolerance for wheat alone, the wheat subgroup, 
barley alone, or the barley subgroup. With respect to the newly 
proposed option of proso millet as a representative commodity in lieu 
of or in combination with grain sorghum, EPA notes that OPPTS 
860.1500--Crop Field Trials (Ref. 14) currently provides for 12 (9 if 
part of the group) field trials for grain sorghum and 5 for proso 
millet. EPA plans to implement the revised Crop Group 15-XX with 9 
field trials of grain sorghum or 9 of proso millet, or a mixture of 
grain sorghum and proso millet totaling 9. This would not affect the 
number of field trials to establish a tolerance for proso millet alone. 
EPA intends to update OPPTS 860.1500--Crop Field Trials (Ref. 14) to 
reflect these changes when EPA wholistically updates the guideline at, 
or around, the conclusion of this series of rulemakings revising the 
pesticide tolerance crop grouping regulations.
    Proso millet is a member of the current Cereal Grain Crop Group 15. 
EPA is now proposing it to be an alternate representative commodity for 
the Grain sorghum and millet crop subgroup 15-XXE and for crop group 
15. Codex also adopted Subgroup 020D Grain Sorghum and Millet subgroup 
with grain sorghum as the representative commodity. Canada does not 
grow grain sorghum but does grow proso millet and there is sufficient 
production of millet in Canada with field trial requirements already 
established. The United States grows both commodities. By having grain 
sorghum or proso millet as the representative commodities for crop 
subgroup 15-XXE, trade irritants with Canada would be avoided. 
Therefore, for the proposed revised U.S. subgroup 15-XXE the 
representative commodities are expressed as grain sorghum or proso 
millet. OPPTS 860.1500--Crop Field Trials (Ref.14) currently specifies 
5 field trials for proso millet and 12 (9 if part of a crop group) 
field trials for grain sorghum. Under these revisions, the subgroup 
could be obtained with 12 field trails (12 for proso millet or 12 for 
grain sorghum, or a combination of the

[[Page 1099]]

two totaling 12). EPA intends to update OPPTS 860.1500- Crop Field 
Trials (Ref. 14) to reflect this change when EPA wholistically updates 
the guideline at, or around, the conclusion of this series of 
rulemakings revising the pesticide tolerance crop grouping regulations.

D. Proposed Amendments to Crop Group 16: Forage, Fodder, and Straw of 
Cereal Grains Group, and Associated Commodity Definitions

    EPA is proposing to amend Crop Group 16: Forage, Fodder and Straw 
of Cereal Grains Group to update the commodity listings in the group. 
EPA also proposes to name the new crop group ``Crop Group 16-XX: 
Forage, Hay, Stover, and Straw of Cereal Grain Group.'' EPA is 
proposing this change because corn fodder is an antiquated term 
referring to the entire corn plant (either fresh or dried) and 
including the ears. Modern harvesting methods since 1950s remove the 
ear at harvest and leave only the whole stalk, which is referred to as 
stover. Thus, EPA is proposing to replace fodder with stover to update 
the commodity terminology. Due to the change in harvesting methods, 
fodder no longer has any meaning for most cereal grains, including all 
the representative commodities in the proposed group 15-XX.
    Consistent with the changes proposed for Crop Group 15-XX, EPA is 
proposing to add the same additional commodities to Crop Group 16-XX. 
These additions are based on similarities of growth habits and edible 
plant parts that are exposed similarly to pesticides, wide geographical 
distribution, comparison of established tolerances, and for 
international harmonization purposes.
    EPA is proposing to include the following in Forage, Hay, Stover, 
and Straw of Cereal Grain Crop Group 16-XX: The forage, hay, stover and 
straw of the commodities included in proposed Cereal Grain Crop Group 
15-XX.
    EPA is not proposing to create subgroups for Crop Group 16-XX and 
is not proposing changes to the representative commodities. The 
representative commodities would continue to be corn, wheat, and any 
other cereal grain crop.

IV. References

    The following is a listing of the documents that are specifically 
referenced in this document. The docket includes these documents and 
other information considered by EPA, including documents that are 
referenced within the documents that are included in the docket, even 
if the referenced document is not physically located in the docket. For 
assistance in locating these other documents, please consult the person 
listed under FOR FURTHER INFORMATION CONTACT.

    1. U.S. EPA, ``Burden Reduction from the Expansion of Crop Group 
Program,'' September 28, 2021.
    2. USDA IR-4 Petition. William P. Barney. Proposed revisions to 
Legume Vegetables (Succulent or Dried), Crop Group 6 and Foliage of 
Legume Vegetables, Crop Group 7, Technical Amendment to 40 CFR 
180.41(c)(6) and (c) IR-4 PR #11237 (Legume Vegetable) and PR# 11238 
(Foliage of Legume Vegetables). Volumes 1-4. July 9, 2013.
    3. USDA IR-4 Petition. William P. Barney. Proposed revisions to 
Cereal Grains, Crop Group 15 and Forage, Fodder and Straw of Cereal 
Grains Crop Group 16, Technical Amendment to 40 CFR 180.41(c)(9); 
IR-4 PR #11394. Volumes 1-3. February 18, 2014.
    4. Schneider, Bernard A. Recommendations for Amending Crop Group 
15 Cereal Grains and Crop Group 16 Forage, Fodder and Straw of 
Cereal Grains to Approve Its Members, Representative Commodities, 
Crop Subgroups, and Commodity Definitions Including Grasses for 
Sugar and Syrup Production September 6, 2018, Updated April 29, 
2020.
    5. Schneider, Bernard A. EPA Memorandum: Crop Grouping--Part XX: 
Analysis of the USDA IR-4 Petition to Amend the Crop Group 
Regulation 40 CFR 180.41(c)(22) and Commodity Definitions [40 CFR 
180.1(g)] Related to the Crop Group 15: Cereal Grains and the 
Forage, Fodder and Straw of Cereal Grains Group 16 [40 CFR 
180.41(c)(23)], and Commodity Definition ``Grasses for Sugar and 
Syrup Production. June 8, 2018, updated April 29, 2020, Updated 
October 19, 2021.
    6. USEPA. Chemistry Science Advisory Council (ChemSAC) Minutes. 
Response to Questions by the Crop Group Implementation Focus Group 
(CGIFG) on Amending the Cereal Grain Crop Group 15 and the Forage, 
Fodder, and Straw of the Cereal Grain Crop Group 16. April 8, 2020.
    7. Schneider, Bernard A. EPA Memorandum: Response to Questions 
by the Crop Group Implementation Focus Group (CGIFG) on Amending the 
Cereal Grain Crop Group 15 and the Forage, Fodder and Straw of 
Cereal Grain Crop Group 16. November 18, 2019, Updated December 11, 
2019 and April 8, 2020.
    8. USEPA. Chemistry Science Advisory Council (ChemSAC) Minutes. 
Recommendations to the HED Chemistry Science Advisory Council 
Regarding Updates to Crop Groups 6 (Legume Vegetables) and 7 
(Foliage of Legume Vegetables). October 25, 2017.
    9. Schneider, Bernard A. EPA Memorandum. Crop Grouping Part 
XVII: Analysis of the USDA IR-4 Petition to Amend the Crop Group 
Regulation 40 CFR 180.41(c)(7) and Commodity Definitions (40 CFR 
180.1(g)) Related to the Crop Group 6 Legume Vegetables. September 
27, 2016, updated February 7, 2017.
    10. Schneider, Bernard A. Recommendations for Amending Crop 
Group 6 Legume Vegetable to Approve Its Members, Representative 
Commodities, Crop Subgroups, and Associated Commodity Definitions. 
February 8, 2017.
    11. Schneider, Bernard A. Recommendations for Amending Crop 
Group 7 Foliage of Legume Vegetable to Approve Its Members, 
Representative Commodities, Crop Subgroups, and Associated Commodity 
definitions. September 29, 2016.
    12. U.S. EPA, ``Economic Analysis of the Proposed Expansion of 
the Crop Group Program,'' February 12, 2007.
    13. U.S.D.A. 2017 Census of Agriculture, available at https://www.nass.usda.gov/Publications/AgCensus/2017/index.php#full_report.
    14. U.S. EPA. Series 860--Residue Chemistry Test Guideline, 
OPPTS 860.1500--Crop Field Trials. EPA 712-C-96-183. August 1996.
    15. U.S. EPA. Series 860--Residue Chemistry Test Guideline, 
OPPTS 860.1000--Background (August 1998), see footnotes 13 and 51.
    16. IR-4/USDA International Crop Grouping Symposium Proceedings, 
2002, available at https://www.ir4.rutgers.edu/Other/USDACropGroupingSymposium.pdf.

V. Statutory and Executive Order Reviews

    Additional information about these statutes and Executive Orders 
can be found at https://www2.epa.gov/laws-regulations/laws-and-executive-orders.

A. Executive Order 12866: Regulatory Planning and Review and Executive 
Order 13563: Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was 
therefore not submitted to the Office of Management and Budget (OMB) 
for review under Executive Orders 12866 (58 FR 51735; October 4, 1993) 
and 13563 (76 FR 3821, January 21, 2011).

B. Paperwork Reduction Act (PRA)

    This action does not impose any new information collection 
requirements that would require additional review or approval by OMB 
under the provisions of the PRA, 44 U.S.C. 3501 et seq. However, this 
action is expected to reduce potential future paperwork burdens 
associated with seeking a tolerance. These crop groupings will enhance 
our ability to conduct food safety evaluations on crops for tolerance-
setting purpose; allowing for tolerances to be established for the 
defined crop groups rather than individually for each crop. This action 
will also 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.

[[Page 1100]]

C. Regulatory Flexibility Act (RFA)

    I certify that this action will not have a significant economic 
impact on a substantial number of small entities under the RFA, 5 
U.S.C. 601 et seq. In making this determination, EPA concludes that the 
impact of concern for this rule is any significant adverse economic 
impact on small entities, and the Agency is certifying that this rule 
will not have a significant economic impact on a substantial number of 
small entities because the rule relieves regulatory burden (Ref. 1).
    This proposed action 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. Rather than having any adverse 
impact on small businesses, this proposal would relieve regulatory 
burden for all directly regulated small entities. We have therefore 
concluded that this proposed action would, if finalized, relieve 
regulatory burden for all directly regulated small entities.

D. Unfunded Mandates Reform Act (UMRA)

    This action does not contain any unfunded mandate as described in 
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect 
small governments. This action imposes no enforceable duty on any 
state, local or tribal governments or the private sector.

E. Executive Order 13132: Federalism

    This proposed action does not have federalism implications as 
specified in Executive Order 13132 (64 FR 43255, August 4, 1999). 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. Thus, Executive Order 13132 does not apply to this action.

F. Executive Order 13175; Consultation and Coordination With Indian 
Tribal Governments

    This proposed action does not have tribal implications as specified 
in Executive Order 13175 (62 FR 19985, April 23, 1997) 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. Thus, Executive Order 13175 does not apply to this proposed 
action.

G. Executive Order 13045; Protection of Children From Environmental 
Health Risks and Safety Risks

    EPA interprets Executive Order 13045 (62 FR 19885, April 23, 1997) 
as applying only to those regulatory actions that concern environmental 
health or safety risks that the EPA has reason to believe may 
disproportionately affect children, per the definition of ``covered 
regulatory action'' in section 2-202 of Executive Order 13045. This 
proposed action is not subject to Executive Order 13045 because it does 
not concern an environmental health risk or safety risk.

H. Executive Order 13211: Actions That Significantly Affect Energy 
Supply, Distribution, or Use

    This proposed action is not subject to Executive Order 13211 (66 FR 
28355, May 22, 2001, because it is not a significant regulatory action 
under Executive Order 12866.

I. National Technology Transfer and Advancement Act (NTTAA)

    This proposed action does not involve technical standards as 
specified in NTTAA section 12(d), 15 U.S.C. 272 note.

J. Executive Order 12898: Federal Actions To Address Environmental 
Justice in Minority Populations and Low-Income Populations

    This proposed action does not address human health or environmental 
risks or otherwise have disproportionately high and adverse human 
health or environmental effects on minority populations, low-income 
populations and/or indigenous peoples, as specified in Executive Order 
12898 (59 FR 7629, February 16, 1994).

List of Subjects in 40 CFR Part 180

    Administrative practice and procedure, Commodities, Environmental 
protection, Pesticides and pests.

Michal Freedhoff,
Assistant Administrator, Office of Chemical Safety and Pollution 
Prevention.

    Therefore, for the reasons stated in the preamble, it is proposed 
that 40 CFR chapter I be amended as follows:

PART 180--TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES 
IN FOOD

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. In Sec.  180.1, amend the table to paragraph (g) by:
0
a. Revising the entry of ``Bean'';
0
b. Removing the entry of ``Bean, dry'';
0
c. Adding in alphabetical order entries for ``Bean, dry, seed'' and 
``Bean, edible podded'';
0
d. Revising the entry of ``Bean, succulent'';
0
e. Adding in alphabetical order an entry for ``Bean, succulent 
shelled'';
0
f. Revising the entry of ``Pea'';
0
g. Removing the entry of ``Pea, dry'';
0
h. Adding in alphabetical order entries for ``Pea, dry, seed'' and 
``Pea, edible podded'';
0
i. Revising the entry of ``Pea, succulent''; and
0
j. Adding in alphabetical order an entry for ``Pea, succulent 
shelled''.
    The additions and revisions read as follows:


Sec.  180.1   Definitions and interpretations.

* * * * *
    (g) * * *

------------------------------------------------------------------------
              A                                    B
------------------------------------------------------------------------
 
                              * * * * * * *
Bean.........................  Cicer arietinum (chickpea, garbanzo
                                bean); Lupinus spp. (including, but not
                                limited to, Andean lupin, blue lupin,
                                grain lupin, sweet lupin, white sweet
                                lupin, white lupin, and yellow lupin).
                                Phaseolus spp. (including, but not
                                limited to, black bean, cranberry bean,
                                dry bean, field bean, French bean,
                                garden bean, great northern bean, green
                                bean, kidney bean, lima bean, navy bean,
                                pink bean, pinto bean, red bean, scarlet
                                runner bean, snap bean, tepary bean,
                                yellow bean, and wax bean); Broad bean
                                (fava bean, faba bean); Goa bean
                                (asparagus pea and winged bean); Vigna
                                spp. (including adzuki bean, asparagus
                                bean, blackeyed pea, catjang bean,
                                Chinese longbean, cowpea, crowder pea,
                                moth bean, mung bean, rice bean,
                                southern pea, urd bean, and yardlong
                                bean); Guar bean; Horse gram; Jackbean;
                                Lablab bean (hyacinth bean); Morama
                                bean; African yam bean; American potato
                                bean; Vegetable soybean (edamame); Sword
                                bean; Velvetbean; Winged pea; cultivars,
                                varieties and/or hybrids of these
                                commodities.
Bean, dry, seed..............  All beans in the entry ``Bean'' in dry
                                seed form.
Bean, edible podded..........  All beans in the entry ``Bean'' in edible
                                podded form.
Bean, succulent..............  All beans in the entry ``Bean'' in edible
                                podded or succulent shelled form.

[[Page 1101]]

 
Bean, succulent shelled......  All beans in the entry ``Bean'' in
                                succulent shelled form.
 
                              * * * * * * *
Pea..........................  Cajanus cajan (pigeon pea); Cicer
                                arietinum (chickpea, garbanzo bean);
                                Lens culinaris (lentil); Grass pea;
                                Pisum spp. (including, but not limited
                                to dry pea, dwarf pea, English pea,
                                field pea, garden pea, green pea, snap
                                pea, snow pea, and sugar snap pea).
                                [Note: A variety of pesticide tolerances
                                have been previously established for pea
                                and/or bean. Chickpea/garbanzo bean is
                                now classified in both the bean and the
                                pea categories. For garbanzo bean/
                                chickpea only, the highest established
                                pea or bean tolerance will apply to
                                pesticide residues found in this
                                commodity]; cultivars, varieties and/or
                                hybrids of these commodities.
Pea, dry, seed...............  All peas in the entry ``Pea'' in dry seed
                                form.
Pea, edible podded...........  All peas in the entry ``Pea'' in edible
                                podded form.
Pea, succulent...............  All peas in the entry ``Pea'' in edible
                                podded or succulent shelled form.
Pea, succulent shelled.......  All peas in the entry ``Pea'' in
                                succulent shelled form.
 
                              * * * * * * *
------------------------------------------------------------------------

* * * * *
0
3. Amend Sec.  180.41 by:
0
a. Redesignating paragraphs (c)(30) through (35) as paragraphs (c)(34) 
through (39) respectively;
0
b. In newly redesignated paragraph (c)(39)(ii), removing ``Table 3'' 
and adding ``table'' in its place;
0
c. Redesignating paragraph (c)(29) as paragraph (c)(33) and adding a 
new paragraph (c)(29);
0
d. Redesignating paragraph (c)(28) as paragraph (c)(32);
0
e. Redesignating paragraph (c)(27) as paragraph (c)(31) and adding a 
new paragraph (c)(27);
0
f. Redesignating paragraph (c)(26) as paragraph (c)(30);
0
g. Redesignating paragraph (c)(25) as paragraph (c)(28);
0
h. Redesignating paragraphs (c)(14) through (24) as paragraphs (c)(16) 
through (26) respectively;
0
i. Redesignating paragraph (c)(13) as paragraph (c)(15);
0
j. Redesignating paragraph (c)(12) as paragraph (c)(14) and adding a 
new paragraph (c)(12);
0
k. Redesignating paragraph (c)(11) as paragraph (c)(13); and
0
l. Redesignating paragraph (c)(10) as paragraph (c)(11) and adding a 
new paragraph (c)(10).
    The additions read as follows.


Sec.  180.41   Crop group tables.

* * * * *
    (c) * * *
    (10) Crop Group 6-xx. Legume Vegetable Group.
    (i) Representative commodities. Bean (Phaseolus spp. or Vigna spp.; 
one edible podded cultivar, one succulent shelled cultivar, and one 
dried seed); Pea (Pisum spp; one edible podded cultivar, one succulent 
shelled cultivar, and one dried seed); and Soybean, seed.
    (ii) Commodities. The following table is a list of all commodities 
included in Crop Group 6-XX and includes cultivars, varieties and/or 
hybrids of these commodities.

   Table 1 to Paragraph (c)(10)--Crop Group 6-XX: Legume and Vegetable
                                  Group
------------------------------------------------------------------------
                                                           Related crop
                       Commodities                           subgroups
------------------------------------------------------------------------
African yam bean, dry seed, Sphenostylis stenocarpa                6-XXE
 (Hochst. ex A. Rich.) Harms............................
American potato bean, dry seed, Apios americana Medik...           6-XXE
Bean (Lupinus spp.), succulent shelled (including, but             6-XXC
 not limited to Andean lupin, blue lupin, grain lupin,
 sweet lupin, white lupin, white sweet lupin, and yellow
 lupin).................................................
Bean (Lupinus spp.), dry seed (including, but not                  6-XXE
 limited to Andean lupin, blue lupin, grain lupin, sweet
 lupin, white lupin, white sweet lupin, and yellow
 lupin).................................................
Bean (Phaseolus spp.), edible podded (including, but not           6-XXA
 limited to French bean, garden bean, green bean, kidney
 bean, navy bean, scarlet runner bean, snap bean, and
 wax bean)..............................................
Bean (Phaseolus spp.), succulent shelled (including, but           6-XXC
 not limited to lima bean, scarlet runner bean, and wax
 bean)..................................................
Bean (Phaseolus spp.), dry seed (including, but not                6-XXE
 limited to black bean, cranberry bean, dry bean, field
 bean, French bean, garden bean, great northern bean,
 green bean, kidney bean, lima bean, navy bean, pink
 bean, pinto bean, red bean, scarlet runner bean, tepary
 bean, and yellow bean).................................
Bean (Vigna spp.), edible podded (including, but not               6-XXA
 limited to asparagus bean, catjang bean, Chinese
 longbean, cowpea, moth bean, mung bean, rice bean, urd
 bean, and yardlong bean)...............................
Bean (Vigna spp.), succulent shelled (including, but not           6-XXC
 limited to blackeyed pea, catjang bean, cowpea, crowder
 pea, moth bean, and southern pea)......................
Bean (Vigna spp.), dry seed (including, but not limited            6-XXE
 to adzuki bean, asparagus bean, blackeyed pea, catjang
 bean, Chinese longbean, cowpea, crowder pea, moth bean,
 mung bean, rice bean, southern pea, urd bean, and
 yardlong bean).........................................
Broad bean (fava bean), succulent shelled, Vicia faba L.           6-XXC
 subsp. faba var. faba..................................
Broad bean (fava bean), dry seed, Vicia faba L. subsp.             6-XXE
 faba var. faba.........................................
Chickpea (garbanzo), edible podded, Cicer arietinum L...           6-XXB
Chickpea (garbanzo), succulent shelled, Cicer arietinum            6-XXD
 L......................................................
Chickpea (garbanzo), dry seed, Cicer arietinum L........           6-XXF
Goa bean, edible podded (asparagus pea and winged bean),           6-XXA
 Psophocarpus tetragonolobus (L.) DC....................
Goa bean, succulent shelled (asparagus pea and winged              6-XXC
 bean), Psophocarpus tetragonolobus (L.) DC.............
Goa bean, dry seed (asparagus pea and winged bean),                6-XXE
 Psophocarpus tetragonolobus (L.) DC....................
Grass pea, edible podded, Lathyrus sativus L............           6-XXB
Grass pea, dry seed, Lathyrus sativus L.................           6-XXF
Guar bean, edible podded, Cyamopsis tetragonoloba (L.)             6-XXA
 Taub...................................................
Guar bean, dry seed, Cyamopsis tetragonoloba (L.) Taub..           6-XXE
Horse gram, dry seed, Macrotyloma uniflorum (Lam.) Verdc           6-XXE
Jackbean, edible podded, Canavalia ensiformis (L.) DC...           6-XXA
Jackbean, succulent shelled, Canavalia ensiformis (L.)             6-XXC
 DC.....................................................
Jackbean, dry seed, Canavalia ensiformis (L.) DC........           6-XXE

[[Page 1102]]

 
Lablab bean (hyacinth bean), edible podded, Lablab                 6-XXA
 purpureus (L.) Sweet subsp. purpureus..................
Lablab bean (hyacinth bean), succulent shelled, Lablab             6-XXC
 purpureus (L.) Sweet subsp. purpureus..................
Lablab bean (hyacinth bean), dry seed, Lablab purpureus            6-XXE
 (L.) Sweet subsp. purpureus............................
Lentil, edible podded, Lens culinaris Medik. subsp.                6-XXB
 culinaris..............................................
Lentil, succulent shelled, Lens culinaris Medik. subsp.            6-XXD
 culinaris..............................................
Lentil, dry seed, Lens culinaris Medik. subsp. culinaris           6-XXF
Morama bean, dry seed, Tylosema esculentum (Burch.) A.             6-XXE
 Schreib................................................
Pea (Pisum spp.), edible podded (including, but not                6-XXB
 limited to dwarf pea, green pea, snap pea, snow pea,
 and sugar snap pea)....................................
Pea (Pisum spp.), succulent shelled (including, but not            6-XXD
 limited to, English pea, garden pea, and green pea)....
Pea (Pisum spp.), dry seed (including, but not limited             6-XXF
 to dry pea, field pea, garden pea, and green pea)......
Pigeon pea, edible podded, Cajanus cajan (L.) Huth......           6-XXB
Pigeon pea, succulent shelled, Cajanus cajan (L.) Huth..           6-XXD
Pigeon pea, dry seed, Cajanus cajan (L.) Huth...........           6-XXF
Soybean, seed, Glycine max (L.) Merr....................             N/A
Sword bean, edible podded, Canavalia gladiata (Jacq.) DC           6-XXA
Sword bean, dry seed, Canavalia gladiata (Jacq.) DC.....           6-XXE
Vegetable soybean, edible podded (edamame), Glycine max            6-XXA
 (L.) Merr..............................................
Vegetable soybean, succulent shelled (edamame), Glycine            6-XXC
 max (L.) Merr..........................................
Vegetable soybean, dry seed (edamame), Glycine max (L.)            6-XXE
 Merr...................................................
Velvetbean, edible podded, Mucuna pruriens (L.) DC......           6-XXA
Velvetbean, succulent shelled, Mucuna pruriens (L.) DC..           6-XXC
Velvetbean, dry seed, Mucuna pruriens (L.) DC...........           6-XXE
Winged pea, edible podded, Lotus tetragonolobus L.......           6-XXA
Winged pea, dry seed, Lotus tetragonolobus L............           6-XXE
Cultivars, varieties, and/or hybrids of these             ..............
 commodities............................................
------------------------------------------------------------------------

    (iii) Crop subgroups. The following table identifies the crop 
subgroups for Crop Group 6-XX, specifies the representative commodities 
for each subgroup and lists all the commodities included in each 
subgroup.

     Table 2 to Paragraph (c)(10)--Crop Group 6-XX: Subgroup Listing
------------------------------------------------------------------------
  Representative commodities                  Commodities
------------------------------------------------------------------------
            Crop Subgroup 6-XXA: Edible podded bean subgroup
------------------------------------------------------------------------
Any cultivar of edible podded  Bean (Phaseolus spp.; including, but not
 bean Phaseolus spp. or Vigna   limited to French bean, garden bean,
 spp.                           green bean, kidney bean, navy bean,
                                scarlet runner bean, snap bean, and wax
                                bean); Bean (Vigna spp.; including, but
                                not limited to asparagus bean, catjang
                                bean; Chinese longbean, cowpea, moth
                                bean, mung bean, rice bean, urd bean,
                                and yardlong bean); goa bean; guar bean;
                                jackbean; lablab bean; vegetable soybean
                                (edamame); sword bean; winged pea;
                                velvetbean; cultivars, varieties, and/or
                                hybrids of these commodities.
------------------------------------------------------------------------
             Crop Subgroup 6-XXB: Edible podded pea subgroup
------------------------------------------------------------------------
Any cultivar of edible podded  Pea (Pisum spp.; including, but not
 pea, Pisum spp.                limited to dwarf pea, green pea, snap
                                pea, snow pea, and sugar snap pea);
                                grass pea; lentil; pigeon pea; chickpea;
                                cultivars, varieties, and/or hybrids of
                                these commodities.
------------------------------------------------------------------------
          Crop Subgroup 6-XXC: Succulent shelled bean subgroup
------------------------------------------------------------------------
Any succulent shelled          Bean (Phaseolus spp.; including, but not
 cultivar of bean, Phaseolus    limited to lima bean, scarlet runner
 spp., or Vigna spp.            bean, and wax bean); Bean (Vigna spp.;
                                including, but not limited to blackeyed
                                pea, catjang bean, cowpea, crowder pea,
                                moth bean, and southern pea); Bean
                                (Lupinus spp.; including, but not
                                limited to Andean lupin, blue lupin,
                                grain lupin, sweet lupin, white lupin,
                                white sweet lupin, and yellow lupin);
                                broad bean; jackbean; goa bean; lablab
                                bean; vegetable soybean (edamame);
                                velvetbean; cultivars, varieties, and/or
                                hybrids of these commodities.
------------------------------------------------------------------------
           Crop Subgroup 6-XXD: Succulent shelled pea subgroup
------------------------------------------------------------------------
Any succulent shelled          Chickpea; lentil; Pea (Pisum spp.;
 cultivar of garden pea,        including, but not limited to English
 Pisum spp.                     pea, garden pea, and green pea); pigeon
                                pea; cultivars, varieties, and/or
                                hybrids of these commodities.
------------------------------------------------------------------------

[[Page 1103]]

 
    Crop Subgroup 6-XXE: Dried shelled bean, except soybean, subgroup
------------------------------------------------------------------------
Any one dried seed of bean,    African yam bean; American potato bean;
 Phaseolus spp., or Vigna spp.  Bean (Lupinus spp.; including, but not
                                limited to Andean lupin, blue lupin,
                                grain lupin, sweet lupin, white lupin,
                                white sweet lupin, and yellow lupin);
                                Bean (Phaseolus spp.; including, but not
                                limited to black bean, cranberry bean,
                                dry bean, field bean, French bean,
                                garden bean, great northern bean, green
                                bean, kidney bean, lima bean, navy bean,
                                pink bean, pinto bean, red bean, scarlet
                                runner bean, tepary bean, and yellow
                                bean); Bean (Vigna spp.; including, but
                                not limited to adzuki bean, asparagus
                                bean, blackeyed pea, catjang bean,
                                Chinese longbean, cowpea, crowder pea,
                                moth bean, mung bean, rice bean,
                                southern pea, urd bean, and yardlong
                                bean); broad bean; guar bean; goa bean;
                                horse gram; jackbean; lablab bean;
                                morama bean; sword bean; winged pea;
                                velvetbean, seed; vegetable soybean
                                (edamame); cultivars, varieties, and/or
                                hybrids of these commodities.
------------------------------------------------------------------------
             Crop Subgroup 6-XXF: Dried shelled pea subgroup
------------------------------------------------------------------------
Any one dried seed of pea,     Pea (Pisum spp.; including, but not
 Pisum spp.                     limited to dry pea, field pea, green
                                pea, and garden pea); chickpea; grass
                                pea; lentil; pigeon pea; cultivars,
                                varieties, and/or hybrids of these
                                commodities.
------------------------------------------------------------------------

* * * * *
    (12) Crop Group 7-XX. Forage and Hay Legume Vegetable Group.
    (i) Representative commodities. Any cultivar of bean (Phaseolus 
spp. or cowpea (Vigna unguiculata (L.) Walp)); field pea (Pisum sativum 
L. subsp. sativum var. arvense (L.) Poir.); and soybean (Glycine max 
(L.) Merr.).
    (ii) Commodities. The following table lists the commodities 
included in Crop Group 7-XX.

Table 1 to Paragraph (c)(12)--Crop Group 7-XX: Forage and Hay for Legume
                             Vegetable Group
------------------------------------------------------------------------
          Representative commodities                  Commodities
------------------------------------------------------------------------
Any cultivar of bean (Phaseolus spp. or        Plant parts of any legume
 cowpea (Vigna unguiculata (L.) Walp)); field   vegetable listed in crop
 pea (Pisum sativum L. subsp. sativum var.      group 6-XX that will be
 arvense (L.) Poir.); and soybean (Glycine      used as animal feed.
 max (L.) Merr.).
------------------------------------------------------------------------

    (iii) Crop subgroup. The following table identifies the crop 
subgroup for Crop Group 7-XX and specifies the representative 
commodities for the subgroup, and lists all the commodities included in 
the subgroup.

     Table 2 to Paragraph (c)(12)--Crop Group 7-XX Subgroup Listing
------------------------------------------------------------------------
  Representative commodities                  Commodities
------------------------------------------------------------------------
    Crop Subgroup 7-XXA. Forage and hay of legume vegetables (except
                           soybeans) subgroup
------------------------------------------------------------------------
Any cultivar of bean           Plant parts of any legume vegetable
 (Phaseolus spp. or cowpea      listed in crop group 6-XX (except
 (Vigna unguiculata (L.)        soybeans) that will be used as animal
 Walp)); field pea (Pisum       feed.
 sativum L. subsp. sativum
 var. arvense (L.) Poir.).
------------------------------------------------------------------------

* * * * *
    (27) Crop Group 15-XX. Cereal Grain Group.
    (i) Representative commodities. Wheat, barley, field corn, sweet 
corn, rice and either grain sorghum or proso millet.
    (ii) Commodities. The following table is a list of all commodities 
included in Crop Group 15-XX and includes cultivars, varieties and/or 
hybrids of these commodities.

   Table 1 to Paragraph (c)(27)--Crop Group 15-XX: Cereal Grain Group
------------------------------------------------------------------------
                                                           Related crop
                       Commodities                           subgroups
------------------------------------------------------------------------
Amaranth, grain, Amaranthus spp.........................          15-XXA
Amaranth, purple, Amaranthus cruentus L.................          15-XXA
Baby corn, Zea mays L. subsp. mays......................          15-XXD
Barley, Hordeum vulgare L. subsp. vulgare...............          15-XXB
Buckwheat, Fagopyrum esculentum Moench..................          15-XXB
Buckwheat, tartary, Fagopyrum tataricum (L.) Gaertn.....          15-XXB
Canarygrass, annual, Phalaris canariensis L.............          15-XXB

[[Page 1104]]

 
Ca[ntilde]ihua, Chenopodium pallidicaule Aellen.........          15-XXA
Chia, Salvia hispanica L................................          15-XXA
Corn, field, Zea mays L. subsp. mays....................          15-XXC
Corn, sweet, Zea mays L. subsp. mays....................          15-XXD
Cram cram, Cenchrus biflorus Roxb.......................          15-XXA
Fonio, black, Digitaria iburua Stapf....................          15-XXE
Fonio, white, Digitaria exilis (Kippist) Stapf..........          15-XXE
Grain sorghum, Sorghum bicolor (L.) Moench..............          15-XXE
Huauzontle grain, Chenopodium berlandieri Moq. subsp.             15-XXA
 nuttalliae (Saff.) H. D. Wilson & Heiser and
 Chenopodium berlandieri Moq............................
Inca wheat, Amaranthus caudatus L.......................          15-XXA
Job's tears, Coix lacryma-jobi L., Coix lacryma-jobi L.           15-XXE
 var. ma-yun (Rom. Caill.) Stapf........................
Millet, barnyard, Echinochloa frumentacea Link..........          15-XXE
Millet, finger, Eleusine coracana (L.) Gaertn. subsp.             15-XXE
 coracana...............................................
Millet, foxtail, Setaria italica (L.) P. Beauv. subsp.            15-XXE
 italic.................................................
Millet, little, Panicum sumatrense Roth.................          15-XXE
Millet, pearl, Pennisetum glaucum (L.) R. B. r..........          15-XXE
Millet, proso, Panicum miliaceum L. subsp. miliaceum....          15-XXE
Oat, Avena spp..........................................          15-XXB
Oat, Abyssinian, Avena abyssinica Hochst. ex A. Rich....          15-XXB
Oat, common, Avena sativa L.............................          15-XXB
Oat, naked, Avena nuda L................................          15-XXB
Oat, sand, Avena strigosa Schreb........................          15-XXB
Popcorn, Zea mays L. subsp. mays........................          15-XXC
Princess feather, Amaranthus hypochondriacus L..........          15-XXA
Psyllium, Plantago arenaria Waldst. & Kit...............          15-XXA
Psyllium, blond, Plantago ovata Forssk..................          15-XXA
Quinoa, Chenopodium quinoa Willd. subsp. quinoa.........          15-XXA
Rice, Oryza sativa L....................................          15-XXF
Rice, African, Oryza glaberrima Steud...................          15-XXF
Rye, Secale cereale L. subsp. cereale...................          15-XXA
Teff, Eragrostis tef (Zuccagni) Trotter.................          15-XXE
Teosinte, Zea mays L. subsp. mexicana (Schrad.) H. H.             15-XXC
 Iltis..................................................
Triticale, X Triticosecale spp..........................          15-XXA
Wheat, Triticum spp.....................................          15-XXA
Wheat, club, Triticum aestivum L. subsp. compactum                15-XXA
 (Host) Mackey..........................................
Wheat, common, Triticum aestivum L. subsp. aestivum.....          15-XXA
Wheat, durum, Triticum turgidum L. subsp. durum (Desf.)           15-XXA
 van Slageren...........................................
Wheat, einkorn, Triticum monococcum L. subsp. monococcum          15-XXA
Wheat, emmer, Triticum turgidum L. subsp. dicoccon                15-XXA
 (Schrank) Thell........................................
Wheat, macha, Triticum aestivum L. subsp. macha (Dekapr.          15-XXA
 & Menabde) Mackey......................................
Wheat, oriental, Triticum turgidum L. subsp. turanicum            15-XXA
 (Jakubz.) [Aacute]. L[ouml]ve & D. L[ouml]ve...........
Wheat, Persian, Triticum turgidum L. subsp. carthlicum            15-XXA
 (Nevski) [Aacute]. L[ouml]ve & D. L[ouml]ve............
Wheat, Polish, Triticum turgidum L. subsp. polonicum              15-XXA
 (L.) Thell.............................................
Wheat, poulard, Triticum turgidum L. subsp. turgidum....          15-XXA
Wheat, shot, Triticum aestivum L. subsp. sphaerococcum            15-XXA
 (Percival) Mackey......................................
Wheat, spelt, Triticum aestivum L. subsp. spelta (L.)             15-XXA
 Thell..................................................
Wheat, timopheevi, Triticum timopheevii (Zhuk.) Zhuk.             15-XXA
 subsp. timopheevii.....................................
Wheat, vavilovi, Triticum vavilovii Jakubz..............          15-XXA
Wheat, wild einkorn, Triticum monococcum L. subsp.                15-XXA
 aegilopoides (Link) Thell..............................
Wheat, wild emmer, Triticum turgidum L. subsp.                    15-XXA
 dicoccoides (K[ouml]rn. ex Asch. & Graebn.) Thell......
Wheatgrass, intermediate, Iseilema prostratum (L.)                15-XXA
 Andersson..............................................
Wild rice, Zizania palustris L..........................          15-XXF
Wild rice, eastern, Zizania aquatica L..................          15-XXF
Cultivars, varieties, and hybrids of these commodities..  ..............
------------------------------------------------------------------------

    (iii) Crop subgroups. The following table identifies the crop 
subgroups for Crop Group 15-XX, specifies the representative 
commodities for each subgroup and lists all the commodities included in 
each subgroup.

[[Page 1105]]



    Table 2 to Paragraph (c)(27)--Crop Group 15-XX: Subgroup Listing
------------------------------------------------------------------------
  Representative commodities                  Commodities
------------------------------------------------------------------------
                  Crop Subgroup 15-XXA: Wheat subgroup
------------------------------------------------------------------------
Wheat........................  Amaranth, grain; Amaranth, purple;
                                Ca[ntilde]ihua; Chia; Cram cram;
                                Huauzontle grain; Inca wheat; Princess
                                feather; Psyllium; Psyllium, blond;
                                Quinoa; Rye; Triticale; Wheat; Wheat,
                                club; Wheat, common; Wheat, durum;
                                Wheat, einkorn; Wheat, emmer; Wheat,
                                macha; Wheat, oriental; Wheat, Persian;
                                Wheat, Polish; Wheat, poulard; Wheat,
                                shot; Wheat, spelt; Wheat, timopheevi;
                                Wheat, vavilovi; Wheat, wild einkorn;
                                Wheat, wild emmer; Wheatgrass,
                                intermediate; cultivars, varieties, and
                                hybrids of these commodities.
------------------------------------------------------------------------
                  Crop Subgroup 15-XXB: Barley subgroup
------------------------------------------------------------------------
Barley.......................  Barley; Buckwheat; Buckwheat, tartary;
                                Canarygrass, annual; Oat; Oat,
                                Abyssinian; Oat, common; Oat, naked;
                                Oat, sand; cultivars, varieties, and
                                hybrids of these commodities.
------------------------------------------------------------------------
                Crop Subgroup 15-XXC: Field corn subgroup
------------------------------------------------------------------------
Field corn...................  Corn, field; Popcorn; Teosinte;
                                cultivars, varieties, and hybrids of
                                these commodities.
------------------------------------------------------------------------
                Crop Subgroup 15-XXD: Sweet corn subgroup
------------------------------------------------------------------------
Sweet corn...................  Baby corn; Corn, sweet; cultivars,
                                varieties, and hybrids of these
                                commodities.
------------------------------------------------------------------------
         Crop Subgroup 15-XXE: Grain sorghum and millet subgroup
------------------------------------------------------------------------
Grain sorghum or Proso millet  Fonio, black; Fonio, white; Grain
                                sorghum; Job's tears; Millet, barnyard;
                                Millet, finger; Millet, foxtail; Millet,
                                little; Millet, pearl; Millet, proso;
                                Teff; cultivars, varieties, and hybrids
                                of these commodities.
------------------------------------------------------------------------
                   Crop Subgroup 15-XXF: Rice subgroup
------------------------------------------------------------------------
Rice.........................  Rice; Rice, African; Wild rice; Wild
                                rice, eastern; cultivars, varieties, and
                                hybrids of these commodities.
------------------------------------------------------------------------

* * * * *
    (29) Crop Group 16-XX. Forage, Hay, Stover, and Straw of Cereal 
Grain Group.
    (i) Representative commodities. Corn, wheat, and any other cereal 
grain crop.
    (ii) Commodities. Crop Group 16-XX includes the forage, hay, stover 
and straw of the commodities in Crop Group 15-XX, including cultivars, 
varieties and/or hybrids of these commodities.
* * * * *
[FR Doc. 2021-27057 Filed 1-7-22; 8:45 am]
BILLING CODE 6560-50-P