[Federal Register Volume 84, Number 233 (Wednesday, December 4, 2019)]
[Notices]
[Pages 66446-66447]
[FR Doc No: 2019-26185]

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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

[Docket No. FMCSA-2019-0036]

Qualification of Drivers; Exemption Applications; Epilepsy and
Seizure Disorders

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Notice of applications for exemption; request for comments.

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SUMMARY: FMCSA announces receipt of applications from seven individuals
for an exemption from the prohibition in the Federal Motor Carrier
Safety Regulations (FMCSRs) against persons with a clinical diagnosis
of epilepsy or any other condition that is likely to cause a loss of
consciousness or any loss of ability to control a commercial motor
vehicle (CMV) to drive in interstate commerce. If granted, the
exemptions would enable these individuals who have had one or more
seizures and are taking anti-seizure medication to operate CMVs in
interstate commerce.

DATES: Comments must be received on or before January 3, 2020.

ADDRESSES: You may submit comments identified by the Federal Docket
Operations Docket No. FMCSA-2019-0036 using any of the following
methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov/docket?D=FMCSA-2019-0036. Follow the online
instructions for submitting comments.
     Mail: Docket Operations; U.S. Department of
Transportation, 1200 New Jersey Avenue SE, West Building Ground Floor,
Room W12-140, Washington, DC 20590-0001.
     Hand Delivery: West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue SE, Washington, DC, between 9 a.m. and 5 p.m.,
ET, Monday through Friday, except Federal Holidays.
     Fax:<PHONE_NUMBER>.
    To avoid duplication, please use only one of these four methods.
See the ``Public Participation'' portion of the SUPPLEMENTARY
INFORMATION section for instructions on submitting comments.

FOR FURTHER INFORMATION CONTACT: Ms. Christine A. Hydock, Chief,
Medical Programs Division,<PHONE_NUMBER><EMAIL_ADDRESS>FMCSA,
Department of Transportation, 1200 New Jersey Avenue SE, Room W64-224,
Washington, DC 20590-0001. Office hours are 8:30 a.m. to 5 p.m., ET,
Monday through Friday, except Federal holidays. If you have questions
regarding viewing or submitting material to the docket, contact Docket
Operations,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

I. Public Participation

A. Submitting Comments

    If you submit a comment, please include the docket number for this
notice (Docket No. FMCSA-2019-0036), indicate the specific section of
this document to which each comment applies, and provide a reason for
each suggestion or recommendation. You may submit your comments and
material online or by fax, mail, or hand delivery, but please use only
one of these means. FMCSA recommends that you include your name and a
mailing address, an email address, or a phone number in the body of
your document so that FMCSA can contact you if there are questions
regarding your submission.
    To submit your comment online, go to http://www.regulations.gov/docket?D=FMCSA-2019-0036. Click on the ``Comment Now!'' button and type
your comment into the text box on the following screen. Choose whether
you are submitting your comment as an individual or on behalf of a
third party and then submit.
    If you submit your comments by mail or hand delivery, submit them
in an unbound format, no larger than 8\1/2\ by 11 inches, suitable for
copying and electronic filing. If you submit comments by mail and would
like to know that they reached the facility, please enclose a stamped,
self-addressed postcard or envelope.
    FMCSA will consider all comments and material received during the
comment period.

B. Viewing Documents and Comments

    To view comments, as well as any documents mentioned in this notice
as being available in the docket, go to http://www.regulations.gov/docket?D=FMCSA-2019-0036 and choose the document to review. If you do
not have access to the internet, you may view the docket online by
visiting the Docket Operations in Room W12-140 on the ground floor of
the DOT West Building, 1200 New Jersey Avenue SE, Washington, DC 20590,
between 9 a.m. and 5 p.m., ET, Monday through Friday, except Federal
holidays.

C. Privacy Act

    In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to better inform its rulemaking process. DOT posts these
comments, without edit, including any personal information the
commenter provides, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.

II. Background

    Under 49 U.S.C. 31136(e) and 31315(b), FMCSA may grant an exemption
from the FMCSRs for no longer than a 5-year period if it finds such
exemption would likely achieve a level of safety that is equivalent to,
or greater than, the level that would be achieved absent such
exemption. The statute also allows the Agency to renew exemptions at
the end of the 5-year period. FMCSA grants medical exemptions from the
FMCSRs for a 2-year period to align with the maximum duration of a
driver's medical certification.
    The seven individuals listed in this notice have requested an
exemption from the epilepsy and seizure disorders prohibition in 49 CFR
391.41(b)(8). Accordingly, the Agency will evaluate the qualifications
of each applicant to determine whether granting the exemption will
achieve the required level of safety mandated by statute.
    The physical qualification standard for drivers regarding epilepsy
found in Sec.  391.41(b)(8) states that a person is physically
qualified to drive a CMV if that person has no established medical
history or clinical diagnosis of epilepsy or any other condition which
is likely to cause the loss of consciousness or any loss of ability to
control a CMV.
    In addition to the regulations, FMCSA has published advisory
criteria \1\ to assist medical examiners (MEs) in determining whether
drivers with certain medical conditions are qualified to operate a CMV
in interstate commerce.
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    \1\ These criteria may be found in APPENDIX A TO PART 391--
MEDICAL ADVISORY CRITERIA, section H. Epilepsy: Sec.  391.41(b)(8),
paragraphs 3, 4, and 5, which is available on the internet at
https://www.gpo.gov/fdsys/pkg/CFR-2015-title49-vol5/pdf/CFR-2015-title49-vol5-part391-appA.pdf.
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    The criteria states that if an individual has had a sudden episode
of a non-epileptic seizure or loss of

consciousness of unknown cause that did not require anti-seizure
medication, the decision whether that person's condition is likely to
cause the loss of consciousness or loss of ability to control a CMV
should be made on an individual basis by the ME in consultation with
the treating physician. Before certification is considered, it is
suggested that a 6-month waiting period elapse from the time of the
episode. Following the waiting period, it is suggested that the
individual have a complete neurological examination. If the results of
the examination are negative and anti-seizure medication is not
required, then the driver may be qualified.
    In those individual cases where a driver has had a seizure or an
episode of loss of consciousness that resulted from a known medical
condition (e.g., drug reaction, high temperature, acute infectious
disease, dehydration, or acute metabolic disturbance), certification
should be deferred until the driver has recovered fully from that
condition, has no existing residual complications, and is not taking
anti-seizure medication.
    Drivers who have a history of epilepsy/seizures, off anti-seizure
medication and seizure-free for 10 years, may be qualified to operate a
CMV in interstate commerce. Interstate drivers with a history of a
single unprovoked seizure may be qualified to drive a CMV in interstate
commerce if seizure-free and off anti-seizure medication for a 5-year
period or more.
    As a result of MEs misinterpreting advisory criteria as regulation,
numerous drivers have been prohibited from operating a CMV in
interstate commerce based on the fact that they have had one or more
seizures and are taking anti-seizure medication, rather than an
individual analysis of their circumstances by a qualified ME based on
the physical qualification standards and medical best practices.
    On January 15, 2013, FMCSA announced in a Notice of Final
Disposition titled, ``Qualification of Drivers; Exemption Applications;
Epilepsy and Seizure Disorders,'' (78 FR 3069), its decision to grant
requests from 22 individuals for exemptions from the regulatory
requirement that interstate CMV drivers have ``no established medical
history or clinical diagnosis of epilepsy or any other condition which
is likely to cause loss of consciousness or any loss of ability to
control a CMV.'' Since that time, the Agency has published additional
notices granting requests from individuals for exemptions from the
regulatory requirement regarding epilepsy found in Sec.  391.41(b)(8).
    To be considered for an exemption from the epilepsy and seizure
disorders prohibition in Sec.  391.41(b)(8), applicants must meet the
criteria in the 2007 recommendations of the Agency's Medical Expert
Panel (78 FR 3069).

III. Qualifications of Applicants

David Crouch

    Mr. Crouch is a 63-year-old class D driver in Kentucky. He has a
history of seizure disorder and has been seizure free since 1995. He
takes anti-seizure medication with the dosage and frequency remaining
the same since May 2012. His physician states that he is supportive of
Mr. Crouch receiving an exemption.

Demetrius Furman

    Mr. Furman is a 45-year-old class A CDL holder in South Dakota. He
has a history of seizure disorder and has been seizure free since 2009.
He takes anti-seizure medication with the dosage and frequency
remaining the same since June 2010. His physician states that he is
supportive of Mr. Furman receiving an exemption.

Christopher Gilbert

    Mr. Gilbert is a 33-year-old class D driver in Virginia. He has a
history of seizure disorder and has been seizure free since 2011. He
takes anti-seizure medication with the dosage and frequency remaining
the same since 2011. His physician states that he is supportive of Mr.
Gilbert receiving an exemption.

Jeffrey Koesterer

    Mr. Koesterer is a 49-year-old class A CDL holder in Missouri. He
has a history of a single provoked seizure and has been seizure free
since 1994. His anti-seizure medications were discontinued in 1994. His
physician states that he is supportive of Mr. Koesterer receiving an
exemption.

Kevin Market

    Mr. Market is a 40-year-old class D driver in Ohio. He has a
history of single provoked seizure and has been seizure free since
2010. He takes anti-seizure medication with the dosage and frequency
remaining the same since May 2011. His physician states that he is
supportive of Mr. Market receiving an exemption.

Randy Wentz

    Mr. Wentz is a 52-year-old class CM driver in Pennsylvania. He has
a history of seizure disorder and has been seizure free since 2002. He
takes anti-seizure medication with the dosage and frequency remaining
the same since 2002. His physician states that she is supportive of Mr.
Wentz receiving an exemption.

Robert Williams

    Mr. Williams is a 52-year-old class A CDL holder in Illinois. He
has a history of seizure disorder and has been seizure free since 2002.
He takes anti-seizure medication with the dosage and frequency
remaining the same since 2002. His physician states that she is
supportive of Mr. Williams receiving an exemption.

IV. Request for Comments

    In accordance with 49 U.S.C. 31136(e) and 31315(b), FMCSA requests
public comment from all interested persons on the exemption petitions
described in this notice. We will consider all comments received before
the close of business on the closing date indicated under the DATES
section of the notice.

    Issued on: November 26, 2019.
Larry W. Minor,
Associate Administrator for Policy.
[FR Doc. 2019-26185 Filed 12-3-19; 8:45 am]
BILLING CODE 4910-EX-P


UNITED STATES ENVIRONMENTAL PROTECTION AGENCY REGION III 1650 Arch Street Philadelphia, Pennsylvania 19103 2029 SUBJECT: Technical Support Document for VA DEQ SIP November 30, 2005 Revision G04  " NSR in the Ozone Transport Region"

FROM: Sharon McCauley Permits and Technical Assessment Branch TO: David Campbell, Chief Permits and Technical Assessment Branch TECHNICAL SUPPORT DOCUMENT R03 OAR 2005 VA 0015 VIRGINIA SIP REVISION G04 I. BACKGROUND The Clean Air Act requires that 13 states including the District of Columbia submit revisions to their State Implementation Plans that will require major new and major modified sources of volatile organic compounds ( VOC) or nitrogen oxides ( NOx) to meet certain new source review ( NSR) requirements if they are located ( or are proposing to locate) in the Ozone Transport Region ( OTR).

Section 184 of the CAA requires specific additional controls for all areas ( not only attainment areas) in the OTR, but also established the Ozone Transport Commission ( OTC) for the purpose of recommending to EPA regionwide controls affecting all areas in that region. The OTR consists of the states of Connecticut, Delaware, Maine, Maryland, Massachusetts, New Hampshire, New Jersey, New York, Pennsylvania, Rhode Island, Vermont, and the Consolidated Metropolitan Statistical Area that includes the District of Columbia and portions of Virginia. The areas designated in the Virginia portion of the OTR are Arlington County, Fairfax County, Loudoun County, Prince William County, Stafford County, Alexandria City, Fairfax City, Falls Church City, Manassas City, and Manassas Park City.

On March 28, 2005, the Virginia Department of Environmental Quality submitted a SIP revision approval request entitled " NSR in the Ozone Transport Region ( OTR)". The applicable regulations for the OTR were adopted by the Virginia State Air Pollution Control Board on September 29, 2004. The State amended its regulations to indicate that areas located in the Virginia portion of the OTR must meet the requirements of Virginia Code Article 9 VAC 5 Chapter 80 ( Permits for Major Stationary Sources and Major Modifications Locating in Nonattainment Areas) as if they were classified as moderate nonattainment, except that the threshold for major stationary sources of VOCs would be 50 tons instead of 100 tons.

2 The SIP revision provides direction as to what State regulations sources will need to follow when they are either planning to locate in or are already located in the Virginia portion of the OTR. Changes were made to the following State provisions: 9 VAC 5 80 2000 Applicability and 9 VAC 5 80 2010 Definitions.

II. SUMMARY OF ACTION EPA is proposing to approve a State Implementation Plan ( SIP) revision submitted by the Commonwealth of Virginia. This revision pertains to changes in the State's regulations that identify and define the Ozone Transport Region ( OTR) locations in Virginia. It also informs sources that are located in or planning to locate in the OTR that they must meet the requirements of Virginia Code Article 9 VAC 5 Chapter 80 ( Permits for Major Stationary Sources and Major Modifications Locating in Nonattainment Areas) as if they were classified as moderate nonattainment, except that the threshold for major stationary sources of VOCs would be 50 tons instead of 100 tons. The areas designated in the Virginia portion of the OTR are Arlington County, Fairfax County, Loudoun County, Prince William County, Stafford County, Alexandria City, Fairfax City, Falls Church City, Manassas City, and Manassas Park City.

In addition, this SIP revision emphasizes the following:

1. Counties/ Cities in Virginia which are designated attainment for ozone and are located in the OTR, are required to apply new source requirements to sources of VOC which have the potential to emit 100 tons per year or more of nitrogen oxides or 50 tons per year of Volatile Organic Compounds. Note that sources that are located in the OTR and are designated as serious or severe are required to meet the more stringent of emission thresholds listed within the State` s definition of Major Stationary source at 9 VAC 5 80 2010C Section a ( 1) & ( 2) based on their nonattainment status.

2. Sources that are planning to locate or are within the Virginia OTR are subject to meet offset requirements for areas classified as moderate in 9 VAC 5 80 2120 B 2. The ratio of total emissions of volatile organic compounds or the ratio of total emission reductions of nitrogen oxides to total increased emissions of nitrogen oxides in ozone nonattainment areas designated as moderate will be 1.15 to one. 3 III. EVALUATION Specific Provision/ Part: 9 VAC 5 Chapter 80 2000 ( Applicability) 9 VAC 5 Chapter 80  2010 ( Definitions)

Analysis State Submittal Approvability 1. Clarity: wording and intent are clear. 9 VAC 5 Chapter 80  2000 B & C X 2. Breadth/ inclusiveness: the reg/ def is not too narrow ( covers all appropriate sources). All appropriate sources identified 2000 B& C 2010 C.  Areas defined X 3. What sources/ source categories are being regulated: Number and location( s). 2010 C.  Localities/ Areas defined X 4. Is the submitted regulations in compliance with the 1990 CAAA? Yes X IV. CONCLUSION Per EPA review of the State's request, an approved revision to the SIP should be made to reflect the revised provisions of the OTR designations in Virginia's Code as of September 29, 2004.

V. RECOMMENDED AGENCY ACTION This submittal for revision to the Virginia SIP Revision # G04 should be approved and a subsequent notice of proposed rulemaking be issued.


Title 40: Protection of Environment PART 180  TOLERANCES AND EXEMPTIONS FROM TOLERANCES FOR PESTICIDE CHEMICALS IN FOOD Browse Previous | Browse Next Subpart B  Procedural Regulations Procedure for Filing Petitions Seeking the Establishment, Modification, or Revocation of Tolerances or Exemptions § 180.7 Petitions proposing tolerances or exemptions for pesticide residues in or on raw agricultural commodities or processed foods.

( a) Petitions to be filed with the Agency under the provisions of FFDCA section 408( d) shall be submitted in duplicate. If any part of the material submitted is in a foreign language, it shall be accompanied by an accurate and complete English translation. The petition shall be accompanied by an advance deposit for fees described in § 180.33. The petition shall state the petitioner's mail address to which notice of objection under FFDCA section 408( g)( 2) may be sent. The petition must be signed by the petitioner or by his attorney or agent, or ( if a corporation) by an authorized official.

( b) Petitions shall include the following information:

( 1) An informative summary of the petition and of the data, information, and arguments submitted or cited in support of the petition. Both a paper and electronic copy of the summary should be submitted. The electronic copy should be formatted according to the Office of Pesticide Programs' current standard for electronic data submission as specified at http:// www. epa. gov/ oppfead1/ eds/ edsgoals. htm.

( 2) A statement that the petitioner agrees that such summary or any information it contains may be published as a part of the notice of filing of the petition to be published under FFDCA section 408( d)( 3) and as a part of a proposed or final regulation issued under FFDCA section 408.

( 3) The name, chemical identity, and composition of the pesticide chemical residue and of the pesticide chemical that produces the residue.

( 4) Data showing the recommended amount, frequency, method, and time of application of the pesticide chemical.

( 5) Full reports of tests and investigations made with respect to the safety of the pesticide chemical, including full information as to the methods and controls used in conducting those tests and investigations.

( 6) Full reports of tests and investigations made with respect to the nature and amount of the pesticide chemical residue that is likely to remain in or on the food, including a description of the analytical methods used. ( See § 180.34 for further information about residue tests.)

( 7) Proposed tolerances for the pesticide chemical residue if tolerances are proposed. ( 8) Practicable methods for removing any amount of the residue that would exceed any proposed tolerance.

( 9) A practical method for detecting and measuring the levels of the pesticide chemical residue in or on the food, or for exemptions, a statement why such a method is not needed.

( 10) If the petition relates to a tolerance for a processed food, reports of investigations conducted using the processing method( s) used to produce that food.

( 11) Such information as the Administrator may require to make the determination under FFDCA section 408( b)( 2)( C).

( 12) Such information as the Administrator may require on whether the pesticide chemical may have an effect in humans that is similar to an effect produced by a naturally occurring estrogen or other endocrine effects.

( 13) Information regarding exposure to the pesticide chemical residue due to any tolerance or exemption already granted for such residue.

( 14) Information concerning any maximum residue level established by the Codex Alimentarius Commission for the pesticide chemical residue addressed in the petition. If a Codex maximum residue level has been established for the pesticide chemical residue and the petitioner does not propose that this level be adopted, a statement explaining the reasons for this departure from the Codex level.

( 15) Such other data and information as the Administrator requires by regulation to support the petition.

( 16) Reasonable grounds in support of the petition.

( c) The data specified under paragraphs ( b)( 1) through ( b)( 16) of this section should be on separate sheets or sets of sheets, suitably identified. If such data have already been submitted with an earlier application, the present petition may incorporate it by reference to the earlier one.

( d) Except as noted in paragraph ( e) of this section, a petition shall not be accepted for filing if any of the data prescribed by FFDCA section 408( d) are lacking or are not set forth so as to be readily understood. The availability to the public of information provided to, or otherwise obtained by, the Agency under this part shall be governed by part 2 of this chapter. The Administrator shall make the full text of the summary referenced in paragraph ( b)( 1) of this section available to the public in the Environmental Protection Agency Electronic Docket at http:// www. epa. gov/ edocket no later than publication in the Federal Register of the notice of the petition filing.

( e) The Administrator shall notify the petitioner within 15 days after its receipt of acceptance or nonacceptance of a petition, and if not accepted the reasons therefor. If petitioner desires, the petitioner may supplement a deficient petition after notification as to deficiencies. If the petitioner does not wish to supplement or explain the petition and requests in writing that it be filed as submitted, the petition shall be filed and the petitioner so notified.

( f) A notice of the filing of a petition for a pesticide chemical residue tolerance that the Administrator determines has met the requirements of paragraph ( b) of this section shall be published in the Federal Register by the Administrator within 30 days after such determination. The notice shall state the name of the pesticide chemical residue and the commodities for which a tolerance is sought and announce the availability of a description of the analytical methods available to the Administrator for the detection and measurement of the pesticide chemical residue with respect to which the petition is filed or shall set forth the petitioner's statement of why such a method is not needed. The notice shall explicitly reference the specific address in the Agency's Electronic Docket ( http:// www. epa. gov/ edocket) where the full text of the summary required in paragraph ( b) of this section and refer interested parties to this document for further information on the petition. The full text of the summary may be omitted from the notice.

( g) The Administrator may request a sample of the pesticide chemical at any time while a petition is under consideration. The Administrator shall specify in its request for a sample of the pesticide chemical, a quantity which it deems adequate to permit tests of analytical methods used to determine residues of the pesticide chemical and of methods proposed by the petitioner for removing any residues of the chemical that exceed the tolerance proposed.

( h) The Administrator shall determine, in accordance with the Act, whether to issue an order that establishes, modifies, or revokes a tolerance regulation ( whether or not in accord with the action proposed by the petitioner), whether to publish a proposed tolerance regulation and request public comment thereon under § 180.29, or whether to deny the petition. The Administrator shall publish in the Federal Register such order or proposed regulation. After receiving comments on any proposed regulation, the Administrator may issue an order that establishes, modifies, or revokes a tolerance regulation. An order published under this section shall describe briefly how to submit objections and requests for a hearing under part 178 of this chapter. A regulation issued under this section shall be effective on the date of publication in the Federal Register unless otherwise provided in the regulation.

[ 70 FR 33360, June 8, 2005]

§ 180.8 Withdrawal of petitions without prejudice.

In some cases the Administrator will notify the petitioner that the petition, while technically complete, is inadequate to justify the establishment of a tolerance or the tolerance requested by petitioner. This may be due to the fact that the data are not sufficiently clear or complete. In such cases, the petitioner may withdraw the petition pending its clarification or the obtaining of additional data. This withdrawal may be without prejudice to a future filing. A deposit for fees as specified in § 180.33 shall accompany the resubmission of the petition.

[ 70 FR 33361, June 8, 2005]

§ 180.9 Substantive amendments to petitions.

After a petition has been filed, the petitioner may submit additional information or data in support thereof, but in such cases the petition will be given a new filing date.

[ 70 FR 33361, June 8, 2005] Advisory Committees Establishment, Modification, and Revocation of Tolerance on Initiative of Administrator; Judicial Review; Temporary Tolerances; Modification and Revocation of Tolerances; Fees § 180.29 Establishment, modification, and revocation of tolerance on initiative of Administrator.

( a) Upon the Administrator's own initiative, the Administrator may propose, under FFDCA section 408( e), the issuance of a regulation establishing a tolerance for a pesticide chemical or exempting it from the necessity of a tolerance, or a regulation modifying or revoking an existing tolerance or exemption.

( b) The Administrator shall provide a period of not less than 60 days for persons to comment on the proposed regulation, except that a shorter period for comment may be provided if the Administrator for good cause finds that it would be in the public interest to do so and states the reasons for the finding in the notice of proposed rulemaking.

( c) After reviewing any timely comments received, the Administrator may by order establish, modify, or revoke a tolerance regulation, which order and regulation shall be published in the Federal Register. An order published under this section shall state that persons may submit objections and requests for a hearing in the manner described in part 178 of this chapter.

( d) Any final regulation issued under this section shall be effective on the date of publication in the Federal Register unless otherwise provided in the regulation.

[ 70 FR 33361, June 8, 2005]

§ 180.30 Judicial review.

( a) Under FFDCA section 408( h), judicial review is available in the United States Courts of Appeal as to the following actions:

( 1) Regulations establishing general procedures and requirements under FFDCA section 408( e)( 1)( C).

( 2) Orders issued under FFDCA section 408( f)( 1)( C) requiring the submission of data.

( 3) Orders issued under FFDCA section 408( g)( 2)( C) ruling on objections to establishment, modification, or revocation of a tolerance or exemption under FFDCA section 408( d)( 4), or any regulation that is the subject of such an order. The underlying action here is Agency disposition of a petition seeking the establishment, modification, or revocation of a tolerance or exemption.

( 4) Orders issued under FFDCA section 408( g)( 2)( C) ruling on objections to the denial of a petition under FFDCA section 408( d)( 4).

( 5) Orders issued under FFDCA section 408( g)( 2)( C) ruling on objections to the establishment, modification, suspension, or revocation of a tolerance or exemption under FFDCA section 408( e)( 1)( A) or ( e)( 1)( B). The underlying action here is the establishment, modification, suspension, or revocation of a tolerance or exemption upon the initiative of EPA including EPA actions pursuant to FFDCA sections 408( b)( 2)( B)( v), 408( b)( 2)( E)( ii), 408( d)( 4)( C)( ii), 408( l)( 4), and 408( q)( 1).

( 6) Orders issued under FFDCA section 408( g)( 2)( C) ruling on objections to the revocation or modification of a tolerance or exemption under FFDCA section 408( f)( 2) for noncompliance with requirements for the submission of data.

( 7) Orders issued under FFDCA section 408( g)( 2)( C) ruling on objections to rules issued under FFDCA sections 408( n)( 3) and 408( d) or ( e) regarding determinations pertaining to State authority to establish regulatory limits on pesticide chemical residues.

( 8) Orders issued under FFDCA section 408( g)( 2)( C) ruling on objections to orders issued under FFDCA section 408( n)( 5)( C) authorizing States to establish regulatory limits not identical to certain tolerances or exemptions.

( b) Any issue as to which review is or was obtainable under paragraph ( a) of this section shall not be the subject of judicial review under any other provision of law. In part, this means that, for the Agency actions subject to the objection procedure in FFDCA section 408( g)( 2), judicial review is not available unless an adversely affected party exhausts these objection procedures, and any petition procedures preliminary thereto.

[ 70 FR 33362, June 8, 2005]

§ 180.31 Temporary tolerances.

( a) A temporary tolerance ( or exemption from a tolerance) established under the authority of FFDCA section 408( r) shall be deemed to be a tolerance ( or exemption from the requirement of a tolerance) for the purposes of FFDCA section 408( a)( 1) or ( a)( 2) and for the purposes of § 180.30.

( b) A request for a temporary tolerance or a temporary exemption from a tolerance by a person who has obtained or is seeking an experimental permit for a pesticide chemical under the Federal Insecticide, Fungicide, and Rodenticide Act shall be accompanied by such data as are available on subjects outlined in § 180.7( b) and an advance deposit to cover fees as provided in § 180.33.

( c) To obtain a temporary tolerance, a requestor must comply with the petition procedures specified in FFDCA section 408( d) and § 180.7 except as provided in this section.

( d) A temporary tolerance or exemption from a tolerance may be issued for a period designed to allow the orderly marketing of the raw agricultural commodities produced while testing a pesticide chemical under an experimental permit issued under authority of the Federal Insecticide, Fungicide, and Rodenticide Act if the Administrator concludes that the safety standard in FFDCA section 408( b)( 2) or ( c), as applicable, is met. Subject to the requirements of FFDCA section 408( e), a temporary tolerance or exemption from a tolerance may be revoked if the experimental permit is revoked, or may be revoked at any time if it develops that the application for a temporary tolerance contains a misstatement of a material fact or that new scientific data or experience with the pesticide chemical indicates that it does not meet the safety standard in FFDCA section 408( b)( 2) or ( c), as applicable. ( e) Conditions under which a temporary tolerance is established shall include:

( 1) A limitation on the amount of the chemical to be used on the designated crops permitted under the experimental permit.

( 2) A limitation for the use of the chemical on the designated crops to bona fide experimental use by qualified persons as indicated in the experimental permit.

( 3) A requirement that the person or firm which obtains the experimental permit for which the temporary tolerance is established will immediately inform the Environmental Protection Agency of any reports on findings from the experimental use that have a bearing on safety.

( 4) A requirement that the person or firm which obtained the experimental permit for which the temporary tolerance is established will keep records of production, distribution, and performance for a period of 2 years and, on request, at any reasonable time, make these records available to any authorized officer or employee of the Environmental Protection Agency.

[ 70 FR 33362, June 8, 2005]

§ 180.32 Procedure for modifying and revoking tolerances or exemptions from tolerances.

( a) The Administrator on his/ her own initiative may propose the issuance of a regulation modifying or revoking a tolerance for a pesticide chemical residue on raw agricultural commodities or processed foods or modifying or revoking an exemption from tolerance for such residue.

( b) Any person may file with the Administrator a petition proposing the issuance of a regulation modifying or revoking a tolerance or exemption from a tolerance for a pesticide chemical residue. The petition shall furnish reasonable grounds for the action sought. Reasonable grounds shall include an explanation showing wherein the person has a substantial interest in such tolerance or exemption from tolerance and an assertion of facts ( supported by data if available) showing that new uses for the pesticide chemical have been developed or old uses abandoned, that new data are available as to toxicity of the chemical, or that experience with the application of the tolerance or exemption from tolerance may justify its modification or revocation. Evidence that a person has registered or has submitted an application for the registration of a pesticide under the Federal Insecticide, Fungicide, and Rodenticide Act will be regarded as evidence that the person has a substantial interest in a tolerance or exemption from the requirement of a tolerance for a pesticide chemical that consists in whole or in part of the pesticide. New data should be furnished in the form specified in § 180.7( b) for submitting petitions, as applicable.

( c) The procedures for completing action on an Administrator initiated proposal or a petition shall be those specified in § § 180.29 and 180.7, as applicable.

[ 70 FR 33362, June 8, 2005]

§ 180.33 Fees.

( a) Each petition for the establishment of a new tolerance or a tolerance higher than already established, shall be accompanied by a fee of $ 80,950, plus $ 2,025 for each raw agricultural commodity more than nine on which the establishment of a tolerance is requested, except as provided in paragraphs ( b), ( d), and ( h) of this section.

( b) Each petition for the establishment of a tolerance at a lower numerical level or levels than a tolerance already established for the same pesticide chemical, or for the establishment of a tolerance on additional raw agricultural commodities at the same numerical level as a tolerance already established for the same pesticide chemical, shall be accompanied by a fee of $ 18,500 plus $ 1,225 for each raw agricultural commodity on which a tolerance is requested.

( c) Each petition for an exemption from the requirement of a tolerance or repeal of an exemption shall be accompanied by a fee of $ 14,925.

( d) Each petition or request for a temporary tolerance or a temporary exemption from the requirement of a tolerance shall be accompanied by a fee of $ 32,325 except as provided in paragraph ( e) of this section. A petition or request to renew or extend such temporary tolerance or temporary exemption shall be accompanied by a fee of $ 4,600.

( e) A petition or request for a temporary tolerance for a pesticide chemical which has a tolerance for other uses at the same numerical level or a higher numerical level shall be accompanied by a fee of $ 16,075, plus $ 1,225 for each raw agricultural commodity on which the temporary tolerance is sought.

( f) Each petition for revocation of a tolerance shall be accompanied by a fee of $ 10,125. Such fee is not required when, in connection with the change sought under this paragraph, a petition is filed for the establishment of new tolerances to take the place of those sought to be revoked and a fee is paid as required by paragraph ( a) of this section.

( g) If a petition or a request is not accepted for processing because it is technically incomplete, the fee, less $ 2,025 for handling and initial review, shall be returned. If a petition is withdrawn by the petitioner after initial processing, but before significant Agency scientific review has begun, the fee, less $ 2,025 for handling and initial review, shall be returned. If an unacceptable or withdrawn petition is resubmitted, it shall be accompanied by the fee that would be required if it were being submitted for the first time.

( h) Each petition for a crop group tolerance, regardless of the number of raw agricultural commodities involved, shall be accompanied by a fee equal to the fee required by the analogous category for a single tolerance that is not a crop group tolerance, i. e., paragraphs ( a) through ( f) of this section, without a charge for each commodity where that would otherwise apply.

( i) Objections under section 408( d)( 5) of the Act shall be accompanied by a filing fee of $ 4,050.

( j) The person who files a petition for judicial review of an order under section 408( h) of the Act shall pay the costs of preparing the record on which the order is based unless the person has no financial interest in the petition for judicial review.

( k) No fee under this section will be imposed on the Interregional Research Project Number 4 ( IR 4 Program). ( l) The Administrator may waive or refund part or all of any fee imposed by this section if the Administrator determines in his or her sole discretion that such a waiver or refund will promote the public interest or that payment of the fee would work an unreasonable hardship on the person on whom the fee is imposed. A request for waiver or refund of a fee shall be submitted in writing to the Environmental Protection Agency, Office of Pesticide Programs, 1200 Pennsylvania Avenue, NW., Washington, DC 20460. A fee of $ 2,025 shall accompany every request for a waiver or refund, as specified in paragraph ( m) of this section, except that the fee under this paragraph shall not be imposed on any person who has no financial interest in any action requested by such person under paragraphs ( a) through ( j) of this section. The fee for requesting a waiver or refund shall be refunded if the request is granted.

( m) All deposits and fees required by the regulations in this part shall be paid by money order, bank draft, or certified check drawn to the order of the Environmental Protection Agency. All deposits and fees shall be forwarded to the Environmental Protection Agency, Headquarters Accounting Operations Branch, Office of Pesticide Programs ( Tolerance Fees), P. O. Box 360277M, Pittsburgh, PA 15251. The payments should be specifically labeled " Tolerance Petition Fees" and should be accompanied only by a copy of the letter or petition requesting the tolerance. The actual letter or petition, along with supporting data, shall be forwarded within 30 days of payment to the Environmental Protection Agency, Office of Pesticide Programs, 1200 Pennsylvania Avenue, NW., Washington, DC 20460. A petition will not be accepted for processing until the required fees have been submitted. A petition for which a waiver of fees has been requested will not be accepted for processing until the fee has been waived or, if the waiver has been denied, the proper fee is submitted after notice of denial. A request for waiver or refund will not be accepted after scientific review has begun on a petition.

( n) This fee schedule will be changed annually by the same percentage as the percent change in the Federal General Schedule ( GS) pay scale. In addition, processing costs and fees will periodically be reviewed and changes will be made to the schedule as necessary. When automatic adjustments are made based on the GS pay scale, the new fee schedule will be published in the Federal Register as a final rule to become effective 30 days or more after publication, as specified in the rule. When changes are made based on periodic reviews, the changes will be subject to public comment.

( o) No fee required by this section shall be levied during the period beginning on October 1, 2003, and ending September 30, 2008.

[ 68 FR 24371, May 7, 2003, as amended at 69 FR 12544, Mar. 17, 2004; 70 FR 33363, June 8, 2005]

§ 180.34 Tests on the amount of residue remaining.

( a) Data in a petition on the amount of residue remaining in or on a raw agricultural commodity should establish the residue that may remain when the pesticide chemical is applied according to directions registered under the Federal Insecticide, Fungicide, and Rodenticide Act, or according to directions contained in an application for registration. These data should establish the residues that may remain under conditions most likely to result in high residues on the commodity.

( b) The petition should establish the reliability of the residue data reported in it. Sufficient information should be submitted about the analytical method to permit competent analysts to apply it successfully.

( c) If the pesticide chemical is absorbed into a living plant or animal when applied ( is systemic), residue data may be needed on each plant or animal on which a tolerance or exemption is requested.

( d) If the pesticide chemical is not absorbed into the living plant or animal when applied ( is not systemic), it may be possible to make a reliable estimate of the residues to be expected on each commodity in a group of related commodities on the basis of less data than would be required for each commodity in the group, considered separately.

( e) Each of the following groups of crops lists raw agricultural commodities that are considered to be related for the purpose of paragraph ( d) of this section. Commodities not listed in this paragraph are not considered as related for the purpose of paragraph ( d) of this section. This grouping of crops does not affect the certification of usefulness by the Administrator as contemplated by section 408( l) of the act.

( 1) Apples, crabapples, pears, quinces.

( 2) Avocados, papayas.

( 3) Blackberries, boysenberries, dewberries, loganberries, raspberries.

( 4) Blueberries, currants, gooseberries, huckleberries.

( 5) Cherries, plums, prunes.

( 6) Oranges, citrus citron, grapefruit, kumquats, lemons, limes, tangelos, tangerines.

( 7) Mangoes, persimmons.

( 8) Peaches, apricots, nectarines.

( 9) Beans, peas, soybeans ( each in dry form).

( 10) Beans, peas, soybeans ( each in succulent form).

( 11) Broccoli, brussels sprouts, cauliflower, kohlrabi.

( 12) Cantaloups, honeydew melons, muskmelons, pumpkins, watermelons, winter squash.

( 13) Carrots, garden beets, sugar beets, horseradish, parsnips, radishes, rutabagas, salsify roots, turnips.

( 14) Celery, fennel.

( 15) Cucumbers, summer squash.

( 16) Lettuce, endive ( escarole), Chinese cabbage, salsify tops.

( 17) Onions, garlic, leeks, shallots ( green, or in dry bulb form). ( 18) Potatoes, Jerusalem artichokes, sweetpotatoes, yams.

( 19) Spinach, beet tops, collards, dandelion, kale, mustard greens, parsley, Swiss chard, turnip tops, watercress.

( 20) Tomatoes, eggplants, peppers, pimentos.

( 21) Pecans, almonds, brazil nuts, bush nuts, butternuts, chestnuts, filberts, hazelnuts, hickory nuts, walnuts.

( 22) Field corn, popcorn, sweet corn ( each in grain form).

( 23) Milo, sorghum ( each in grain form).

( 24) Wheat, barley, oats, rice, rye ( each in grain form).

( 25) Alfalfa, Bermuda grass, bluegrass, brome grass, clovers, cowpea hay, fescue, lespedeza, lupines, orchard grass, peanut hay, peavine hay, rye grass, soybean hay, sudan grass, timothy, and vetch.

( 26) Corn forage, sorghum forage.

( 27) Sugarcane, cane sorghum.

[ 36 FR 22540, Nov. 25, 1971, as amended at 39 FR 28286, Aug. 6, 1974; 39 FR 28977, Aug. 13, 1974; 40 FR 6972, Feb. 18, 1975; 45 FR 82928, Dec. 17, 1980; 48 FR 29860, June 29, 1983; 60 FR 26635, May 17, 1995]

§ 180.35 Tests for potentiation.

Experiments have shown that certain cholinesterase inhibiting pesticides when fed together to test animals are more toxic than the sum of their individual toxicities when fed separately. One substance potentiates the toxicity of the other. Important toxicological interactions also have been observed between pesticides and other substances. Wherever there is reason to believe that a pesticide chemical for which a tolerance is proposed may interact with other pesticide chemicals or other substances to which man is exposed, it may be necessary to require special experimental data regarding potentiation capacities to evaluate the safety of the proposed tolerance. This necessarily will be determined on a case by case basis.

§ 180.40 Tolerances for crop groups.

( a) Group or subgroup tolerances may be established as a result of:

( 1) A petition from a person who has submitted an application for the registration of a pesticide under the Federal Insecticide, Fungicide, and Rodenticide Act.

( 2) On the initiative of the Administrator.

( 3) A petition by an interested person. ( b) The tables in § 180.41 are to be used in conjunction with this section for the establishment of crop group tolerances. Each table in § 180.41 lists a group of raw agricultural commodities that are considered to be related for the purposes of this section. Refer also to § 180.1( h) for a listing of commodities for which established tolerances may be applied to certain other related and similar commodities.

( c) When there is an established or proposed tolerance for all of the representative commodities for a specific group or subgroup of related commodities, a tolerance may be established for all commodities in the associated group or subgroup. Tolerances may be established for a crop group or, alternatively, tolerances may be established for one or more of the subgroups of a crop group.

( d) The representative crops are given as an indication of the minimum residue chemistry data base acceptable to the Agency for the purposes of establishing a group tolerance. The Agency may, at its discretion, allow group tolerances when data on suitable substitutes for the representative crops are available ( e. g., limes instead of lemons).

( e) Since a group tolerance reflects maximum residues likely to occur on all individual crops within a group, the proposed or registered patterns of use for all crops in the group or subgroup must be similar before a group tolerance is established. The pattern of use consists of the amount of pesticide applied, the number of times applied, the timing of the first application, the interval between applications, and the interval between the last application and harvest. The pattern of use will also include the type of application; for example, soil or foliar application, or application by ground or aerial equipment.

( f) When the crop grouping contains commodities or byproducts that are utilized for animal feed, any needed tolerance or exemption from a tolerance for the pesticide in meat, milk, poultry and/ or eggs must be established before a tolerance will be granted for the group as a whole. The representative crops include all crops in the group that could be processed such that residues may concentrate in processed food and/ or feed. Processing data will be required prior to establishment of a group tolerance. Tolerances will not be granted on a group basis as to processed foods prepared from crops covered by the group tolerance.

( g) If maximum residues ( tolerances) for the representative crops vary by more than a factor of 5 from the maximum value observed for any crop in the group, a group or subgroup tolerance will ordinarily not be established. In this case individual crop tolerances, rather than group tolerances, will normally be established.

( h) Alternatively, a commodity with a residue level significantly higher or lower than the other commodities in a group may be excluded from the group tolerance ( e. g., cereal grains, except corn). In this case an individual tolerance at the appropriate level for the unique commodity would be established, if necessary. The alternative approach of excluding a commodity with a significantly higher or lower residue level will not be used to establish a tolerance for a commodity subgroup. Most subgroups have only two representative commodities; to exclude one such commodity and its related residue data would likely provide insufficient residue information to support the remainder of the subgroup. Residue data from crops additional to those representative crops in a grouping may be required for systemic pesticides.

( i) The commodities included in the groups will be updated periodically either at the initiative of the Agency or at the request of an interested party. Persons interested in updating this section should contact the Registration Division of the Office of Pesticide Programs.

( j) Establishment of a tolerance does not substitute for the additional need to register the pesticide under a companion law, the Federal Insecticide, Fungicide, and Rodenticide Act. The Registration Division of the Office of Pesticide Programs should be contacted concerning procedures for registration of new uses of a pesticide.

[ 60 FR 26635, May 17, 1995, as amended at 70 FR 33363, June 8, 2005]

§ 180.41 Crop group tables.

( a) The tables in this section are to be used in conjunction with § 180.40 to establish crop group tolerances.

( b) Commodities not listed are not considered as included in the groups for the purposes of this paragraph, and individual tolerances must be established. Miscellaneous commodities intentionally not included in any group include asparagus, avocado, banana, cranberry, fig, globe artichoke, grape, hops, kiwifruit, mango, mushroom, okra, papaya, pawpaw, peanut, persimmon, pineapple, strawberry, water chestnut, and watercress.

( c) Each group is identified by a group name and consists of a list of representative commodities followed by a list of all commodity members for the group. If the group includes subgroups, each subgroup lists the subgroup name, the representative commodity or commodities, and the member commodities for the subgroup. Subgroups, which are a subset of their associated crop group, are established for some but not all crops groups.

( 1) Crop Group 1: Root and Tuber Vegetables Group.

( i) Representative commodities. Carrot, potato, radish, and sugar beet.

( ii) Table. The following table 1 lists all the commodities included in Crop Group 1 and identifies the related crop subgroups. Table 1_ Crop Group 1: Root and Tuber Vegetables  Related crop Commodities subgroups  Arracacha ( Arracacia xanthorrhiza)..................... 1 C, 1 D Arrowroot ( Maranta arundinacea)........................ 1 C, 1 D Artichoke, Chinese ( Stachys affinis)................... 1 C, 1 D Artichoke, Jerusalem ( Helianthus tuberosus)............ 1 C, 1 D Beet, garden ( Beta vulgaris)........................... 1 A, 1 B Beet, sugar ( Beta vulgaris)............................ 1 A Burdock, edible ( Arctium lappa)........................ 1 A, 1 B Canna, edible ( Queensland arrowroot) ( Canna indica).... 1 C, 1 D Carrot ( Daucus carota)................................. 1 A, 1 B Cassava, bitter and sweet ( Manihot esculenta).......... 1 C, 1 D Celeriac ( celery root) ( Apium graveolens var. rapaceum) 1 A, 1 B Chayote ( root) ( Sechium edule)......................... 1 C, 1 D Chervil, turnip rooted ( Chaerophyllum bulbosum)........ 1 A, 1 B Chicory ( Cichorium intybus)............................ 1 A, 1 B Chufa ( Cyperus esculentus)............................. 1 C, 1 D Dasheen ( taro) ( Colocasia esculenta)................... 1 C, 1 D Ginger ( Zingiber officinale)........................... 1 C, 1 D Ginseng ( Panax quinquefolius).......................... 1 A, 1 B Horseradish ( Armoracia rusticana)...................... 1 A, 1 B Leren ( Calathea allouia)............................... 1 C, 1 D Parsley, turnip rooted ( Petroselinum crispum var. 1 A, 1 B tuberosum)............................................ Parsnip ( Pastinaca sativa)............................. 1 A, 1 B Potato ( Solanum tuberosum)............................. 1 C Radish ( Raphanus sativus).............................. 1 A, 1 B Radish, oriental ( daikon) ( Raphanus sativus subvar. 1 A, 1 B longipinnatus)........................................ Rutabaga ( Brassica campestris var. napobrassica)....... 1 A, 1 B Salsify ( oyster plant) ( Tragopogon porrifolius)........ 1 A, 1 B Salsify, black ( Scorzonera hispanica).................. 1 A, 1 B Salsify, Spanish ( Scolymus hispanicus)................. 1 A, 1 B Skirret ( Sium sisarum)................................. 1 A, 1 B Sweet potato ( Ipomoea batatas)......................... 1 C, 1 D Tanier ( cocoyam) ( Xanthosoma sagittifolium)............ 1 C, 1 D Turmeric ( Curcuma longa)............................... 1 C, 1 D Turnip ( Brassica rapa var. rapa)....................... 1 A, 1 B Yam bean ( jicama, manoic pea) ( Pachyrhizus spp.)....... 1 C, 1 D Yam, true ( Dioscorea spp.)............................. 1 C, 1 D

( iii) Table. The following table 2 identifies the crop subgroups for Crop Group 1, specifies the representative commodity( ies) for each subgroup, and lists all the commodities included in each subgroup.

Table 2_ Crop Group 1 Subgroup Listing  Representative commodities Commodities  Crop Subgroup 1 A. Root vegetables subgroup. Carrot, radish, and sugar beet....... Beet, garden; beet, sugar; burdock, edible; carrot; celeriac; chervil, turniprooted chicory; ginseng; horseradish; parsley, turniprooted parsnip; radish; radish, oriental; rutabaga; salsify; salsify, black; salsify, Spanish; skirret; turnip. Crop Subgroup 1 B. Root vegetables ( except sugar beet) subgroup. Carrot and radish.................... Beet, garden; burdock, edible; carrot; celeriac; chervil, turnip rooted; chicory; ginseng; horseradish; parsley, turniprooted parsnip; radish; radish, oriental; rutabaga; salsify; salsify, black; salsify, Spanish; skirret; turnip. Crop Subgroup 1 C. Tuberous and corm vegetables subgroup. Potato............................... Arracacha; arrowroot; artichoke, Chinese; artichoke, Jerusalem; canna, edible; cassava, bitter and sweet; chayote ( root); chufa; dasheen; ginger; leren; potato; sweet potato; tanier; turmeric; yam bean; yam, true. Crop Subgroup 1 D. Tuberous and corm vegetables ( except potato) subgroup. Sweet potato......................... Arracacha; arrowroot; artichoke, Chinese; artichoke, Jerusalem; canna, edible; cassava, bitter and sweet; chayote ( root); chufa; dasheen; ginger; leren; sweet potato; tanier; turmeric; yam bean; yam, true.

( 2) Crop Group 2. Leaves of Root and Tuber Vegetables ( Human Food or Animal Feed) Group ( Human Food or Animal Feed) Group.

( i) Representative commodities. Turnip and garden beet or sugar beet.

( ii) Commodities. The following is a list of all the commodities included in Crop Group 2:

Crop Group 2: Leaves of Root and Tuber Vegetables ( Human Food or Animal Feed) Group  Commodities Beet, garden ( Beta vulgaris)

Beet, sugar ( Beta vulgaris)

Burdock, edible ( Arctium lappa) Carrot ( Daucus carota)

Cassava, bitter and sweet ( Manihot esculenta)

Celeriac ( celery root) ( Apium graveolens var. rapaceum)

Chervil, turnip rooted ( Chaerophyllum bulbosum)

Chicory ( Cichorium intybus)

Dasheen ( taro) ( Colocasia esculenta)

Parsnip ( Pastinaca sativa)

Radish ( Raphanus sativus)

Radish, oriental ( daikon) ( Raphanus sativus subvar. longipinnatus)

Rutabaga ( Brassica campestris var. napobrassica)

Salsify, black ( Scorzonera hispanica)

Sweet potato ( Ipomoea batatas)

Tanier ( cocoyam) ( Xanthosoma sagittifolium)

Turnip ( Brassica rapa var. rapa)

Yam, true ( Dioscorea spp.)

( 3) Crop Group 3. Bulb Vegetables ( Allium spp.) Group.

( i) Representative commodities. Onion, green; and onion, dry bulb.

( ii) Commodities. The following is a list of all the commodities in Crop Group 3:

Crop Group 3: Bulb Vegetables ( Allium spp.) Group  Commodities Garlic ( Allium sativum)

Garlic, great headed ( elephant) ( Allium ampeloprasum var. ampeloprasum)

Leek ( Allium ampeloprasum, A. porrum, A. tricoccum)

Onion, dry bulb and green ( Allium cepa, A. fistulosum)

Onion, Welch ( Allium fistulosum) Shallot ( Allium cepa var. cepa)

( 4) Crop Group 4. Leafy Vegetables ( Except Brassica Vegetables) Group.

( i) Representative commodities. Celery, head lettuce, leaf lettuce, and spinach ( Spinacia oleracea).

( ii) Table. The following table 1 lists all the commodities included in Crop Group 4 and identifies the related crop subgroups.

Table 1_ Crop Group 4: Leafy Vegetables ( Except BRASSICA Vegetables) Group  Related crop Commodities subgroups  Amaranth ( leafy amaranth, Chinese spinach, tampala) 4 A ( Amaranthus spp.)..................................... Arugula ( Roquette) ( Eruca sativa)...................... 4 A Cardoon ( Cynara cardunculus)........................... 4 B Celery ( Apium graveolens var. dulce)................... 4 B Celery, Chinese ( Apium graveolens var. secalinum)...... 4 B Celtuce ( Lactuca sativa var. angustana)................ 4 B Chervil ( Anthriscus cerefolium)........................ 4 A Chrysanthemum, edible leaved ( Chrysanthemum coronarium 4 A var. coronarium)...................................... Chrysanthemum, garland ( Chrysanthemum coronarium var. 4 A spatiosum)............................................ Corn salad ( Valerianella locusta)...................... 4 A Cress, garden ( Lepidium sativum)....................... 4 A Cress, upland ( yellow rocket, winter cress) ( Barbarea 4 A vulgaris)............................................. Dandelion ( Taraxacum officinale)....................... 4 A Dock ( sorrel) ( Rumex spp.)............................. 4 A Endive ( escarole) ( Cichorium endivia).................. 4 A Fennel, Florence ( finochio) ( Foeniculum vulgare 4 B Azoricum Group)....................................... Lettuce, head and leaf ( Lactuca sativa)................ 4 A Orach ( Atriplex hortensis)............................. 4 A Parsley ( Petroselinum crispum)......................... 4 A Purslane, garden ( Portulaca oleracea).................. 4 A Purslane, winter ( Montia perfoliata)................... 4 A Radicchio ( red chicory) ( Cichorium intybus)............ 4 A Rhubarb ( Rheum rhabarbarum)............................ 4 B Spinach ( Spinacia oleracea)............................ 4 A Spinach, New Zealand ( Tetragonia tetragonioides, T. 4 A expansa).............................................. Spinach, vine ( Malabar spinach, Indian spinach) 4 A ( Basella alba)........................................ Swiss chard ( Beta vulgaris var. cicla)................. 4 B

( iii) Table. The following table 2 identifies the crop subgroups for Crop Group 4, specifies the representative commodities for each subgroup, and lists all the commodities included in each subgroup.

Table 2_ Crop Group 4 Subgroup Listing  Representative commodities Commodities  Crop Subgroup 4 A. Leafy greens subgroup. Head lettuce and leaf lettuce, and Amaranth; arugula; chervil; spinach ( Spinacia oleracea). chrysanthemum, edible leaved; chrysanthemum, garland; corn salad; cress, garden; cress, upland; dandelion; dock; endive; lettuce; orach; parsley; purslane, garden; purslane, winter; radicchio ( red chicory); spinach; spinach, New Zealand; spinach, vine. Crop Subgroup 4 B. Leaf petioles subgroup. Celery............................... Cardoon; celery; celery, Chinese; celtuce; fennel, Florence; rhubarb; Swiss chard.

( 5) Crop Group 5. Brassica ( Cole) Leafy Vegetables Group.

( i) Representative commodities. Broccoli or cauliflower; cabbage; and mustard greens.

( ii) Table. The following table 1 lists all the commodities included in Crop Group 5 and identifies the related crop subgroups.

Table 1_ Crop Group 5: Brassica ( Cole) Leafy Vegetables  Related crop Commodities subgroups  Broccoli ( Brassica oleracea var. botrytis)............. 5 A Broccoli, Chinese ( gai lon) ( Brassica alboglabra)...... 5 A Broccoli raab ( rapini) ( Brassica campestris)........... 5 B Brussels sprouts ( Brassica oleracea var. gemmifera).... 5 A Cabbage ( Brassica oleracea)............................ 5 A Cabbage, Chinese ( bok choy) ( Brassica chinensis )...... 5 B Cabbage, Chinese ( napa) ( Brassica pekinensis).......... 5 A Cabbage, Chinese mustard ( gai choy) ( Brassica 5 A campestris)........................................... Cauliflower ( Brassica oleracea var. botrytis).......... 5 A Cavalo broccolo ( Brassica oleracea var. botrytis)...... 5 A Collards ( Brassica oleracea var. acephala)............. 5 B Kale ( Brassica oleracea var. acephala)................. 5 B Kohlrabi ( Brassica oleracea var. gongylodes)........... 5 A Mizuna ( Brassica rapa Japonica Group).................. 5 B Mustard greens ( Brassica juncea)....................... 5 B Mustard spinach ( Brassica rapa Perviridis Group)....... 5 B Rape greens ( Brassica napus)........................... 5 B

( iii) Table. The following table 2 identifies the crop subgroups for Crop Group 5, specifies the representative commodity( ies) for each subgroup, and lists all the commodities included in each subgroup.

Table 2_ Crop Group 5 Subgroup Listing  Representative commodities Commodities  Crop Subgroup 5 A. Head and stem Brassica subgroup Broccoli or cauliflower; and cabbage. Broccoli; broccoli, Chinese; brussels sprouts; cabbage; cabbage, Chinese ( napa); cabbage, Chinese mustard; cauliflower; cavalo broccolo; kohlrabi Crop Subgroup 5 B. Leafy Brassica greens subgroup. Mustard greens....................... Broccoli raab; cabbage, Chinese ( bok choy); collards; kale; mizuna; mustard greens; mustard spinach; rape greens

( 6) Crop Group 6. Legume Vegetables ( Succulent or Dried) Group.

( i) Representative commodities. Bean ( Phaseolus spp.; one succulent cultivar and one dried cultivar); pea ( Pisum spp.; one succulent cultivar and one dried cultivar); and soybean.

( ii) Table. The following table 1 lists all the commodities included in Crop Group 6 and identifies the related crop subgroups.

Table 1_ Crop Group 6: Legume Vegetables ( Succulent or Dried)  Related crop Commodities subgroups  Bean ( Lupinus spp.) ( includes grain lupin, sweet lupin, 6 C white lupin, and white sweet lupin)................... Bean ( Phaseolus spp.) ( includes field bean, kidney 6 A, 6 B, 6 C bean, lima bean, navy bean, pinto bean, runner bean, snap bean, tepary bean, wax bean)..................... Bean ( Vigna spp.) ( includes adzuki bean, asparagus 6 A, 6 B, 6 C bean, blackeyed pea, catjang, Chinese longbean, cowpea, Crowder pea, moth bean, mung bean, rice bean, southern pea, urd bean, yardlong bean)................ Broad bean ( fava bean) ( Vicia faba).................... 6 B, 6 C Chickpea ( garbanzo bean) ( Cicer arietinum)............. 6 C Guar ( Cyamopsis tetragonoloba)......................... 6 C Jackbean ( Canavalia ensiformis)........................ 6 A Lablab bean ( hyacinth bean) ( Lablab purpureus)......... 6 C Lentil ( Lens esculenta)................................ 6 C Pea ( Pisum spp.) ( includes dwarf pea, edible pod pea, 6 A, 6 B, 6 C English pea, field pea, garden pea, green pea, snow pea, sugar snap pea).................................. Pigeon pea ( Cajanus cajan)............................. 6 A, 6 B, 6 C Soybean ( Glycine max).................................. N/ A Soybean ( immature seed) ( Glycine max).................. 6 A Sword bean ( Canavalia gladiata)........................ 6 A

( iii) Table. The following table 2 identifies the crop subgroups for Crop Group 6, specifies the representative commodities for each subgroup, and lists all the commodities included in each subgroup.

Table 2_ Crop Group 6 Subgroup Listing  Representative commodities Commodities  Crop Subgroup 6 A. Edible podded legume vegetables subgroup. Any one succulent cultivar of edible Bean ( Phaseolus spp.) ( includes podded bean ( Phaseolus spp.) and any runner bean, snap bean, wax one succulent cultivar of edible bean); bean ( Vigna spp.) podded pea ( Pisum spp.).. ( includes asparagus bean, Chinese longbean, moth bean, yardlong bean); jackbean; pea ( Pisum spp.) ( includes dwarf pea, edible pod pea, snow pea, sugar snap pea); pigeon pea; soybean ( immature seed); sword bean. Crop Subgroup 6 B. Succulent shelled pea and bean subgroup. Any succulent shelled cultivar of Bean ( Phaseolus spp.) ( includes bean ( Phaseolus spp.) and garden pea lima bean ( green)); broad bean ( Pisum spp.).. ( succulent); bean ( Vigna spp.) ( includes blackeyed pea, cowpea, southern pea); pea ( Pisum spp.) ( includes English pea, garden pea, green pea); pigeon pea. Crop Subgroup 6 C. Dried shelled pea and bean ( except soybean) subgroup Any one dried cultivar of bean Dried cultivars of bean ( Lupinus ( Phaseolus spp.); and any one dried spp.) ( includes grain lupin, cultivar of pea ( Pisum spp.). sweet lupin, white lupin, and white sweet lupin); ( Phaseolus spp.) ( includes field bean, kidney bean, lima bean ( dry), navy bean, pinto bean; tepary bean; bean ( Vigna spp.) ( includes adzuki bean, blackeyed pea, catjang, cowpea, Crowder pea, moth bean, mung bean, rice bean, southern pea, urd bean); broad bean ( dry); chickpea; guar; lablab bean; lentil; pea ( Pisum spp.) ( includes field pea); pigeon pea.

( 7) Crop Group 7. Foliage of Legume Vegetables Group.

( i) Representative commodities. Any cultivar of bean ( Phaseolus spp.), field pea ( Pisum spp.), and soybean.

( ii) Table. The following table 1 lists the commodities included in Crop Group 7.

Table 1_ Crop Group 7: Foliage of Legume Vegetables Group  Representative commodities Commodities  Any cultivar of bean ( Phaseolus spp.) Plant parts of any legume and field pea ( Pisum spp.), and vegetable included in the legume soybean ( Glycine max). vegetables that will be used as animal feed.

( iii) Table. The following table 2 identifies the crop subgroup for Crop Group 7 and specifies the representative commodities for the subgroup, and lists all the commodities included in the subgroup.

Table 2_ Crop Group 7 Subgroup Listing  Representative commodities Commodities  Crop Subgroup 7 A. Foliage of legume vegetables ( except soybeans) subgroup Any cultivar of bean ( Phaseolus Plant parts of any legume spp.), and field pea ( Pisum spp.). vegetable ( except soybeans) included in the legume vegetables group that will be used as animal feed.

( 8) Crop Group 8. Fruiting Vegetables ( Except Cucurbits) Group.

( i) Representative commodities. Tomato, bell pepper, and one cultivar of non bell pepper.

( ii) Commodities. The following is a list of all the commodities included in Crop Group 8:

Crop Group 8: Fruiting Vegetables ( Except Cucurbits)  Commodities Eggplant ( Solanum melongena) Groundcherry ( Physalis spp.)

Pepino ( Solanum muricatum)

Pepper ( Capsicum spp.) ( includes bell pepper, chili pepper, cooking pepper, pimento, sweet pepper)

Tomatillo ( Physalis ixocarpa)

Tomato ( Lycopersicon esculentum)

( 9) Crop Group 9. Cucurbit Vegetables Group.

( i) Representative commodities. Cucumber, muskmelon, and summer squash.

( ii) Table. The following table 1 lists all the commodities included in Crop Group 9 and identifies the related subgroups.

Table 1_ Crop Group 9: Cucurbit Vegetables  Related crop Commodities subgroups  Chayote ( fruit) ( Sechium edule)........................ 9 B Chinese waxgourd ( Chinese preserving melon) ( Benincasa 9 B hispida).............................................. Citron melon ( Citrullus lanatus var. citroides)........ 9 A Cucumber ( Cucumis sativus)............................. 9 B Gherkin ( Cucumis anguria).............................. 9 B Gourd, edible ( Lagenaria spp.) ( includes hyotan, 9 B cucuzza); ( Luffa acutangula, L. cylindrica) ( includes hechima, Chinese okra)................................ Momordica spp. ( includes balsam apple, balsam pear, 9 B bitter melon, Chinese cucumber)....................... Muskmelon ( hybrids and/ or cultivars of Cucumis melo) 9 A ( includes true cantaloupe, cantaloupe, casaba, crenshaw melon, golden pershaw melon, honeydew melon, honey balls, mango melon, Persian melon, pineapple melon, Santa Claus melon, and snake melon)............ Pumpkin ( Cucurbita spp.)............................... 9 B Squash, summer ( Cucurbita pepo var. melopepo) ( includes 9 B crookneck squash, scallop squash, straightneck squash, vegetable marrow, zucchini)........................... Squash, winter ( Cucurbita maxima; C. moschata) 9 B ( includes butternut squash, calabaza, hubbard squash); ( C. mixta; C. pepo) ( includes acorn squash, spaghetti squash)............................................... Watermelon ( includes hybrids and/ or varieties of 9 A Citrullus lanatus)....................................

( iii) Table. The following table 2 identifies the crop subgroups for Crop Group 9, specifies the representative commodities for each subgroup, and lists all the commodities included in each subgroup.

Table 2_ Crop Group 9 Subgroup Listing  Representative commodities Commodities  Crop Subgroup 9 A. Melon subgroup Cantaloupes.......................... Citron melon; muskmelon; watermelon Crop Subgroup 9 B. Squash/ cucumber subgroup One cultivar of summer squash and Chayote ( fruit); Chinese cucumber.. waxgourd; cucumber; gherkin; gourd, edible; Momordica spp.; pumpkin; squash, summer; squash, winter.

( 10) Crop Group 10. Citrus Fruits ( Citrus spp., Fortunella spp.) Group.

( i) Representative commodities. Sweet orange; lemon and grapefruit.

( ii) Commodities. The following is a list of all the commodities in Crop Group 10:

Crop Group 10: Citrus Fruits ( Citrus spp., Fortunella spp.) Group  Commodities Calamondin ( Citrus mitis × Citrofortunella mitis)

Citrus citron ( Citrus medica)

Citrus hybrids ( Citrus spp.) ( includes chironja, tangelo, tangor)

Grapefruit ( Citrus paradisi)

Kumquat ( Fortunella spp.)

Lemon ( Citrus jambhiri, Citrus limon)

Lime ( Citrus aurantiifolia)

Mandarin ( tangerine) ( Citrus reticulata)

Orange, sour ( Citrus aurantium)

Orange, sweet ( Citrus sinensis)

Pummelo ( Citrus grandis, Citrus maxima)

Satsuma mandarin ( Citrus unshiu) ( 11) Crop Group 11: Pome Fruits Group.

( i) Representative commodities. Apple and pear.

( ii) Commodities. The following is a list of all the commodities included in Crop Group 11:

Crop Group 11: Pome Fruits Group  Commodities Apple ( Malus domestica)

Crabapple ( Malus spp.)

Loquat ( Eriobotrya japonica)

Mayhaw ( Crataegus aestivalis, C. opaca, and C. rufula)

Pear ( Pyrus communis)

Pear, oriental ( Pyrus pyrifolia)

Quince ( Cydonia oblonga)

( 12) Crop Group 12. Stone Fruits Group.

( i) Representative commodities. Sweet cherry or tart cherry; peach; and plum or fresh prune ( Prunus domestica, Prunus spp.)

( ii) Commodities. The following is a list of all the commodities included in Crop Group 12:

Crop Group 12: Stone Fruits Group  Commodities Apricot ( Prunus armeniaca)

Cherry, sweet ( Prunus avium),

Cherry, tart ( Prunus cerasus)

Nectarine ( Prunus persica)

Peach ( Prunus persica)

Plum ( Prunus domestica, Prunus spp.)

Plum, Chickasaw ( Prunus angustifolia) Plum, Damson ( Prunus domestica spp. insititia)

Plum, Japanese ( Prunus salicina)

Plumcot ( Prunus. armeniaca × P. domestica)

Prune ( fresh) ( Prunus domestica, Prunus spp.)

( 13) Crop Group 13. Berries Group.

( i) Representative commodities. Any one blackberry or any one raspberry; and blueberry.

( ii) Table. The following table 1 lists all the commodities included in Crop Group 13 and identifies the related subgroups.

Table 1_ Crop Group 13: Berries Group  Related crop Commodities subgroups  Blackberry ( Rubus eubatus) ( including bingleberry, 13 A black satin berry, boysenberry, Cherokee blackberry, Chesterberry, Cheyenne blackberry, coryberry, darrowberry, dewberry, Dirksen thornless berry, Himalayaberry, hullberry, Lavacaberry, lowberry, Lucretiaberry, mammoth blackberry, marionberry, nectarberry, olallieberry, Oregon evergreen berry, phenomenalberry, rangeberry, ravenberry, rossberry, Shawnee blackberry, youngberry, and varieties and/ or hybrids of these)..................................... Blueberry ( Vaccinium spp.)............................. 13 B Currant ( Ribes spp.)................................... 13 B Elderberry ( Sambucus spp.)............................. 13 B Gooseberry ( Ribes spp.)................................ 13 B Huckleberry ( Gaylussacia spp.)......................... 13 B Loganberry ( Rubus loganobaccus)........................ 13 A Raspberry, black and red ( Rubus occidentalis, Rubus 13 A strigosus, Rubus idaeus)..............................

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

Table 2_ Crop Group 13 Subgroups Listing  Representative commodities Commodities  Crop Subgroup 13 A. Caneberry ( blackberry and raspberry) subgroup. Any one blackberry or any one Blackberry; loganberry; red and raspberry.. black raspberry; cultivars and/ or hybrids of these. Crop Subgroup 13 B. Bushberry subgroup.. Blueberry, highbush.................. Blueberry, highbush and lowbush; currant; elderberry; gooseberry; huckleberry.

( 14) Crop Group 14. Tree Nuts Group.

( i) Representative commodities. Almond and pecan.

( ii) Commodities. The following is a list of all the commodities included in Crop Group 14:

Crop Group 14: Tree Nuts  Commodities Almond ( Prunus dulcis)

Beech nut ( Fagus spp.)

Brazil nut ( Bertholletia excelsa)

Butternut ( Juglans cinerea)

Cashew ( Anacardium occidentale)

Chestnut ( Castanea spp.)

Chinquapin ( Castanea pumila)

Filbert ( hazelnut) ( Corylus spp.)

Hickory nut ( Carya spp.)

Macadamia nut ( bush nut) ( Macadamia spp.)

Pecan ( Carya illinoensis)

Walnut, black and English ( Persian) ( Juglans spp.)

( 15) Crop Group 15. Cereal Grains Group.

( i) Representative commodities. Corn ( fresh sweet corn and dried field corn), rice, sorghum, and wheat.

( ii) Commodities. The following is a list of all the commodities included in Crop Group 15: Crop Group 15: Cereal Grains  Commodities Barley ( Hordeum spp.)

Buckwheat ( Fagopyrum esculentum)

Corn ( Zea mays)

Millet, pearl ( Pennisetum glaucum)

Millet, proso ( Panicum milliaceum)

Oats ( Avena spp.)

Popcorn ( Zea mays var. everta)

Rice ( Oryza sativa)

Rye ( Secale cereale)

Sorghum ( milo) ( Sorghum spp.)

Teosinte ( Euchlaena mexicana)

Triticale ( Triticum Secale hybrids)

Wheat ( Triticum spp.)

Wild rice ( Zizania aquatica)

( 16) Crop Group 16. Forage, Fodder and Straw of Cereal Grains Group.

( i) Representative commodities. Corn, wheat, and any other cereal grain crop.

( ii) Commodities. The commodities included in Crop Group 16 are: Forage, fodder, and straw of all commodities included in the group cereal grains group.

( 17) Crop Group 17. Grass Forage, Fodder, and Hay Group.

( i) Representative commodities. Bermuda grass; bluegrass; and bromegrass or fescue.

( ii) Commodities. The commodities included in Crop Group 17 are: Any grass, Gramineae family ( either green or cured) except sugarcane and those included in the cereal grains group, that will be fed to or grazed by livestock, all pasture and range grasses and grasses grown for hay or silage.

( 18) Crop Group 18. Nongrass Animal Feeds ( Forage, Fodder, Straw, and Hay) Group. ( i) Representative commodities. Alfalfa and clover ( Trifolium spp.)

( ii) Commodities. The following is a list of all the commodities included in Crop Group 18:

Crop Group 18: Nongrass Animal Feeds ( Forage, Fodder, Straw, and Hay) Group  Commodities Alfalfa ( Medicago sativa subsp. sativa)

Bean, velvet ( Mucuna pruriens var. utilis)

Clover ( Trifolium spp., Melilotus spp.)

Kudzu ( Pueraria lobata)

Lespedeza ( Lespedeza spp.)

Lupin ( Lupinus spp.)

Sainfoin ( Onobrychis viciifolia);

Trefoil ( Lotus spp.)

Vetch ( Vicia spp.)

Vetch, crown ( Coronilla varia)

Vetch, milk ( Astragalus spp).

( 19) Crop Group 19. Herbs and Spices Group.

( i) Representative commodities. Basil ( fresh and dried); black pepper; chive; and celery seed or dill seed.

( ii) Table. The following table 1 lists all the commodities included in Crop Group 19 and identifies the related subgroups.

Table 1_ Crop Group 19: Herbs and Spices Group  Related crop Commodities subgroups  Allspice ( Pimenta dioica).............................. 19 B Angelica ( Angelica archangelica)....................... 19 A Anise ( anise seed) ( Pimpinella anisum)................. 19 B Anise, star ( Illicium verum)........................... 19 B Annatto ( seed)......................................... 19 B Balm ( lemon balm) ( Melissa officinalis)................ 19 A Basil ( Ocimum basilicum)............................... 19 A Borage ( Borago officinalis)............................ 19 A Burnet ( Sanguisorba minor)............................. 19 A Camomile ( Anthemis nobilis)............................ 19 A Caper buds ( Capparis spinosa).......................... 19 B Caraway ( Carum carvi).................................. 19 B Caraway, black ( Nigella sativa)........................ 19 B Cardamom ( Elettaria cardamomum)........................ 19 B Cassia bark ( Cinnamomum aromaticum).................... 19 B Cassia buds ( Cinnamomum aromaticum).................... 19 B Catnip ( Nepeta cataria)................................ 19 A Celery seed ( Apicum graveolens)........................ 19 B Chervil ( dried) ( Anthriscus cerefolium)................ 19 A Chive ( Allium schoenoprasum)........................... 19 A Chive, Chinese ( Allium tuberosum)...................... 19 A Cinnamon ( Cinnamomum verum)............................ 19 B Clary ( Salvia sclarea)................................. 19 A Clove buds ( Eugenia caryophyllata)..................... 19 B Coriander ( cilantro or Chinese parsley) ( leaf) 19 A ( Coriandrum sativum).................................. Coriander ( cilantro) ( seed) ( Coriandrum sativum)....... 19 B Costmary ( Chrysanthemum balsamita)..................... 19 A Culantro ( leaf) ( Eryngium foetidum).................... 19 A Culantro ( seed) ( Eryngium foetidum).................... 19 B Cumin ( Cuminum cyminum)................................ 19 B Curry ( leaf) ( Murraya koenigii)........................ 19 A Dill ( dillweed) ( Anethum graveolens)................... 19 A Dill ( seed) ( Anethum graveolens)....................... 19 B Fennel ( common) ( Foeniculum vulgare)................... 19 B Fennel, Florence ( seed) ( Foeniculum vulgare Azoricum 19 B Group)................................................ Fenugreek ( Trigonella foenumgraecum)................... 19 B Grains of paradise ( Aframomum melegueta)............... 19 B Horehound ( Marrubium vulgare).......................... 19 A Hyssop ( Hyssopus officinalis).......................... 19 A Juniper berry ( Juniperus communis)..................... 19 B Lavender ( Lavandula officinalis)....................... 19 A Lemongrass ( Cymbopogon citratus)....................... 19 A Lovage ( leaf) ( Levisticum officinale).................. 19 A Lovage ( seed) ( Levisticum officinale).................. 19 B Mace ( Myristica fragrans).............................. 19 B Marigold ( Calendula officinalis)....................... 19 A Marjoram ( Origanum spp.) ( includes sweet or annual 19 A marjoram, wild marjoram or oregano, and pot marjoram). Mustard ( seed) ( Brassica juncea, B. hirta, B. nigra)... 19 B Nasturtium ( Tropaeolum majus).......................... 19 A Nutmeg ( Myristica fragrans)............................ 19 B Parsley ( dried) ( Petroselinum crispum)................. 19 A Pennyroyal ( Mentha pulegium)........................... 19 A Pepper, black ( Piper nigrum)........................... 19 B Pepper, white.......................................... 19 B Poppy ( seed) ( Papaver somniferum )..................... 19 B Rosemary ( Rosemarinus officinalis)..................... 19 A Rue ( Ruta graveolens).................................. 19 A Saffron ( Crocus sativus)............................... 19 B Sage ( Salvia officinalis).............................. 19 A Savory, summer and winter ( Satureja spp.).............. 19 A Sweet bay ( bay leaf) ( Laurus nobilis).................. 19 A Tansy ( Tanacetum vulgare).............................. 19 A Tarragon ( Artemisia dracunculus)....................... 19 A Thyme ( Thymus spp.).................................... 19 A Vanilla ( Vanilla planifolia)........................... 19 B Wintergreen ( Gaultheria procumbens).................... 19 A Woodruff ( Galium odorata).............................. 19 A Wormwood ( Artemisia absinthium)........................ 19 A

( iii) Table. The following table 2 identifies the crop subgroups for Crop Group 19, specifies the representative commodities for each subgroup, and lists all the commodities included in each subgroup.

Table 2_ Crop Group 19 Subgroups  Representative commodities Commodities  Crop Subgroup 19 A. Herb subgroup. Basil ( fresh and dried) and chive.... Angelica; balm; basil; borage; burnet; camomile; catnip; chervil ( dried); chive; chive, Chinese, clary; coriander ( leaf); costmary; culantro ( leaf); curry ( leaf); dillweed; horehound; hyssop; lavender; lemongrass; lovage ( leaf); marigold; marjoram ( Origanum spp.); nasturtium; parsley ( dried); pennyroyal; rosemary; rue; sage; savory, summer and winter; sweet bay; tansy; tarragon; thyme; wintergreen; woodruff; and wormwood. Crop Subgroup 19 B. Spice subgroup. Black pepper; and celery seed or dill Allspice; anise ( seed); anise, seed.. star; annatto ( seed); caper ( buds); caraway; caraway, black; cardamom; cassia ( buds); celery ( seed); cinnamon; clove ( buds); coriander ( seed); culantro ( seed); cumin; dill ( seed); fennel, common; fennel, Florence ( seed); fenugreek; grains of paradise; juniper ( berry); lovage ( seed); mace; mustard ( seed); nutmeg; pepper, black; pepper, white; poppy ( seed); saffron; and vanilla.

[ 60 FR 26635, May 17, 1995]