[Federal Register Volume 75, Number 3 (Wednesday, January 6, 2010)]
[Proposed Rules]
[Pages 807-816]
[FR Doc No: X10-20106]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

[EPA-HQ-OPP-2006-0766; FRL-8801-2]
RIN 2070-AJ28

Pesticide Tolerance Crop Grouping Program II; Revision to General
Tolerance Regulations

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing revisions to its pesticide tolerance crop
grouping regulations, which allow establishment of tolerances for
multiple related crops, based on data from a representative set of
crops. The present revision would create a new crop group for oilseeds,
expand existing crop groups by adding new commodities, establish new
crop subgroups, and revise the representative crops in some groups. EPA
expects these revisions to promote greater use of crop groupings for
tolerance-setting purposes and, in particular, will assist in making
available lower risk pesticides for minor crops both domestically and
in countries that export food to the United States. This is the second
in a series of planned crop group updates expected to be proposed over
the next several years. EPA is also proposing to delete 40 CFR 180.1(h)
which addresses when tolerances apply to post-harvest uses.

DATES: Comments must be received on or before March 8, 2010.

ADDRESSES: Submit your comments, identified by docket identification
(ID) number EPA-HQ-OPP-2006-0766, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions for submitting comments.
     Mail: Office of Pesticide Programs (OPP) Regulatory Public
Docket (7502P), Environmental Protection Agency, 1200 Pennsylvania
Ave., NW., Washington, DC 20460-0001.
     Delivery: OPP Regulatory Public Docket (7502P),
Environmental Protection Agency, Rm. S-4400, One Potomac Yard (South
Bldg.), 2777 S. Crystal Dr., Arlington, VA. Deliveries are only
accepted during the Docket Facility's normal hours of operation (8:30
a.m. to 4 p.m., Monday through Friday, excluding legal holidays).
Special arrangements should be made for deliveries of boxed
information. The Docket Facility telephone number is<PHONE_NUMBER>.
    Instructions: Direct your comments to docket ID number EPA-HQ-OPP-
2006-0766. EPA's policy is that all comments received will be included
in the docket without change and may be made available on-line at
http://www.regulations.gov, including any personal information
provided, unless the comment includes information claimed to be
Confidential Business Information (CBI) or other information whose
disclosure is restricted by statute. Do not submit information that you
consider to be CBI or otherwise protected through regulations.gov or e-
mail. The regulations.gov website is an ``anonymous access'' system,
which means EPA will not know your identity or contact information
unless you provide it in the body of your comment. If you send an e-
mail comment directly to EPA without going through regulations.gov,
your e-mail address will be automatically captured and included as part
of the comment that is placed in the docket and made available on the
Internet. If you submit an electronic comment, EPA recommends that you
include your name and other contact information in the body of your
comment and with any disk or CD-ROM you submit. If EPA cannot read your
comment due to technical difficulties and cannot contact you for
clarification, EPA may not be able to consider your comment. Electronic
files should avoid the use of special characters, any form of
encryption, and be free of any defects or viruses.
    Docket: All documents in the docket are listed in the docket index
available at http://www.regulations.gov. Although listed in the index,
some information is not publicly available, e.g., CBI or other
information whose disclosure is restricted by statute. Certain other
material, such as copyrighted material, is not placed on the Internet
and will be publicly available only in hard copy form. Publicly
available docket materials are available either in the electronic
docket at http://

www.regulations.gov, or, if only available in hard copy, at the OPP
Regulatory Public Docket in Rm. S-4400, One Potomac Yard (South Bldg.),
2777 S. Crystal Dr., Arlington, VA. The hours of operation of this
Docket Facility are from 8:30 a.m. to 4 p.m., Monday through Friday,
excluding legal holidays. The Docket Facility telephone number is (703)
305-5805.

FOR FURTHER INFORMATION CONTACT: Ram[eacute] Cromwell, Field and
External Affairs Division, Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number:<PHONE_NUMBER>; fax number:<PHONE_NUMBER>; e-
mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you are an
agricultural producer, food manufacturer. Potentially affected entities
may include, but are not limited to: Crop production (NAICS code 111),
e.g., agricultural workers; greenhouse, nursery, and floriculture
workers; farmers.
    Animal production (NAICS code 112), e.g., cattle ranchers and
farmers, dairy cattle farmers, livestock farmers.
    Food manufacturing (NAICS code 311), e.g., agricultural workers;
farmers; greenhouse, nursery, and floriculture workers; ranchers;
pesticide applicators.
    Pesticide manufacturing (NAICS code 32532), e.g., agricultural
workers; commercial applicators; farmers; greenhouse, nursery, and
floriculture workers; residential users.
    This listing is not intended to be exhaustive, but rather provides
a guide for readers regarding entities likely to be affected by this
action. Other types of entities not listed in this unit could also be
affected. The North American Industrial Classification System (NAICS)
codes have been provided to assist you and others in determining
whether this action might apply to certain entities. If you have any
questions regarding the applicability of this action to a particular
entity, consult the person listed under FOR FURTHER INFORMATION
CONTACT.

B. 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 e-mail. 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 submitting comments,
remember to:
    i. Identify the document by docket ID number and other identifying
information (subject heading, Federal Register date and page number).
    ii. Follow directions. The Agency may ask you to respond to
specific questions or organize comments by referencing a Code of
Federal Regulations (CFR) part or section number.
    iii. Explain why you agree or disagree; suggest alternatives and
substitute language for your requested changes.
    iv. Describe any assumptions and provide any technical information
and/or data that you used.
    v. If you estimate potential costs or burdens, explain how you
arrived at your estimate in sufficient detail to allow for it to be
reproduced.
    vi. Provide specific examples to illustrate your concerns and
suggest alternatives.
    vii. Explain your views as clearly as possible, avoiding the use of
profanity or personal threats.
    viii. Make sure to submit your comments by the comment period
deadline identified.

II. Background

A. Tolerance-Setting Requirements and Petition from Inter-regional
Research Project Number 4 Program to Expand the Existing Crop Grouping
System

    EPA is authorized to establish maximum residue limits or
``tolerances'' for pesticide chemical residues in food under section
408 of the Federal Food, Drug and Cosmetic Act (FFDCA) (21 U.S.C.
346a). EPA establishes pesticide tolerances only after determining that
aggregate exposure to the pesticide is safe. The U.S. Food and Drug
Administration and the U.S. Department of Agriculture together enforce
compliance with tolerance limits.
    Traditionally, tolerances are established for a specific pesticide/
commodity combination. However, under EPA's crop grouping regulation
(40 CFR 180.41) a single tolerance may be established that applies to a
group of related commodities. For example, the citrus crop group covers
11 different citrus fruits including oranges, grapefruit, lemons, and
limes among others. Crop group tolerances may be established based on
residue data only on 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. Once the group tolerance
is established, the tolerance level applies to all agricultural
commodities within the group. It is also possible to request a crop
group tolerance with a particular member of the crop excluded. An
example of exclusion to a crop group would be a tolerance for the Stone
Fruit group 12, except peach. In this crop group, residue data for
cherry and plum are used to establish a group tolerance for the stone
fruit group, except peach. Exclusions are requested when variations in
residue levels within a group for a particular pesticide make a crop
group tolerance otherwise inappropriate. See 40 CFR 180.40(h).
    This proposed rule is the second in a series of planned crop group
revisions expected to be completed over the next several years.
Specific information regarding the history of the crop group
regulations, the previous amendments to the regulations and the process
for revising crop groups can be found in the Federal Register of
December 7, 2007 (72 FR 69150). Specific information regarding how the
Agency implements crop group revisions can be found in the 40 CFR
180.40(j).
    Today's proposal is based upon four petitions developed by the
International Crop Groupings Consulting Committee (ICGCC) workgroup and
submitted to EPA by a nation-wide cooperative effort called the Inter-
regional Research Project Number 4 (IR-4). These petitions and the
monographs supporting them have been included in the docket for the
proposed rule. EPA expects that a series of additional petitions
seeking amendments and changes to the crop groupings regulations (40
CFR 180.41) will originate from the ICGCC workgroup over the next few
years.

B. International Considerations

    1. NAFTA partner involvement in this proposal. EPA's Chemistry
Science Advisory Council (ChemSAC), an internal Agency peer review
committee, provided a detailed analysis for each proposed crop group to
Canada's Pest Management Regulatory Agency (PMRA), IR-4, and the
government of

Mexico for their review and comment and invited these parties to
participate in the ChemSAC meeting to finalize the recommendation of
the petitions. PMRA has indicated that it will in parallel with the
United States (U.S.) effort and under the authority of Canada's Pest
Control Products (PCP) Act (2002) establish equivalent crop groups.
Once the new or updated crop groups become effective in the United
States, Mexico will have them as a reference for the establishment of
maximum residue limits in Mexico.
    EPA will provide a ``reviewer's guide'' describing the crop
grouping amendments and explaining how to express the changes to the
crop group in the Federal Register to IR-4 and PMRA in support of
implementation and to inform the regulatory community.
    2. Relationship of this proposal to Codex activities. The
delegations of the United States and Canada to the Codex Committee on
Pesticide Residues (CCPR) continued efforts in 2009 to harmonize the
NAFTA crop groups and representative commodities with those being
developed by Codex as part of their revision of the Codex
Classification of Foods and Feeds. Canada, the United States, and IR-4
are working closely with the chair of the Codex group (Netherlands and
the United States) to coordinate the U.S. crop group revisions with the
revised crop groups going into Codex. The goals are to expand the crops
in each group to include numerous minor crops, to minimize differences
within and among the United States and Codex groups, and to develop
representative commodities for each group that will be acceptable on an
international basis. To date, CCPR has advanced eight crop groups in
the adoption process.

C. Specific Revisions--Phasing out Pre-existing Crop Groups

    This section explains the revisions to the crop group regulations
in the first final rule dated December 7, 2007 (72 FR 69150) and should
be used for guidance.
    EPA has amended the generic crop group regulations to include an
explicit scheme for how revised crop groups will be organized in the
regulations.
    In brief, the regulations now specify that when a crop group is
amended in a manner that expands or contracts its coverage of
commodities, EPA will: (1) Retain the pre-existing crop group in 40 CFR
180.41; (2) insert the revised crop group immediately after the pre-
existing crop group in 40 CFR 180.41; and (3) title the revised crop
group in a way that clearly differentiates it from the pre-existing
crop group. The revised crop group will retain roughly the same name
and number as the pre-existing group except that the number will be
followed by a hyphen and the final two digits of the year it is
established. Where additions to a crop group make the pre-existing crop
group name misleading, EPA will amend the name as well as the number.
For example, today EPA is proposing to revise Crop Group 8: Fruiting
Vegetables Group (Except Cucurbits). The revised group will be titled
Crop Group 8-09: Fruiting Vegetable Group.
    Tolerances established for revised crop groups will include the new
number (and new name, if applicable) so that it is apparent on the face
of the tolerance regulation what commodities are covered. Similarly, it
will be clear what tolerances for pre-existing crop groups are covered
since these existing tolerance regulations use the pre-existing crop
group names.
    Although EPA will initially retain pre-existing crop groups that
have been superseded by revised crop groups, EPA will not establish new
tolerances under the pre-existing groups. Further, EPA plans to
eventually convert tolerances for any pre-existing crop groups to
tolerances with the coverage of the revised crop group. This conversion
will be effected both through the registration review process and in
the course of establishing new tolerances for a pesticide. To this end,
EPA requests that petitioners for tolerances address this issue in
their petitions. For example, assuming EPA adopts the amendment to Crop
Group 8: Fruiting Vegetables (Except Cucurbits.), any tolerance
petition for a pesticide that has a Group 8 tolerance should include a
request that the Group 8 tolerance be amended to a Group 8-09
tolerance, since the representative commodities are equivalent. When
all crop group tolerances for a superseded crop group have been revised
or removed, EPA will remove the superseded group from Sec.  180.41.

III. Specific Proposed Revisions

A. Crop Group 8-09 Fruiting Vegetables Group

    EPA is proposing to revise the fruiting vegetables crop group in
the following manner.
    1. Change name. EPA proposes to change the pre-existing name Crop
Group 8, Fruiting Vegetables (Except Cucurbits) by dropping the
parenthetical ``(Except Cucurbits).'' The term ``Except Cucurbits'' is
not necessary in the group name because cucurbits are not included in
the listed commodities for the group; this parenthetical has not been
used for establishing tolerances for this fruiting vegetables group
since 2002, and cucurbits have their own crop group specifically
labeled the ``Crop Group 9: Cucurbits Vegetable Group,'' 40 CFR
180.41(c)(10).
    2. Add commodities. EPA proposes to amend the existing Crop Group 8
by expanding it from 6 to 21 commodities. The existing crop group
consists of the following six commodities: (1) Eggplant, Solanum
melongena; (2) Ground cherry, Physalis spp.; (3) Pepino, Solanum
muricatum; (4) Pepper, Capsicum spp., includes bell pepper, chili
pepper, cooking pepper, pimento, sweet pepper; (5) Tomatillo, Physalis
ixocarpo; (6) Tomato, Lycopersicum esculentum.
    EPA proposes to expand Crop Group 8-09 to include 15 commodities as
follows: (1) African eggplant, Solanum macrocarpon L.; (2) Bush tomato,
Solanum centrale J.M. Black; (3) Cocona, Solanum sessiliflorum Dunal;
(4) Currant tomato, Lycopersicon pimpinellifolium (L.) Mill.; (5)
Garden huckleberry, Solanum scabrum Mill.; (6) Goji berry, Lycium
barbarum L.; (7) Martynia, Proboscidea louisianica (Mill.) Thell.; (8)
Naranjilla, Solanum quitoense Lam.; (9) Okra, Abelmoschus esculentus
(L.) Moench; (10) Pea eggplant, Solanum torvum Sw.; (11) Pepper,
nonbell, Capsicum Chinese Jacq., C. annuum L. var. annuum , C.
frutescens L., C. baccatum L., C. pubescens Ruiz & Pav., Capsicum spp.;
(12) Roselle, Hibiscus sabdariffa L.; (13) Scarlet eggplant, Solanum
aethiopicum L.; (14) Sunberry, Solanum retroflexum Dunal; (15) Tree
tomato, Solanum betaceum Cav.; including cultivars, varieties and/or
hybrids of these commodities.
    Commodities are being added to this crop group based on
similarities and characteristics of Solanaceae or the Nightshade plant
family which includes most of the fruiting vegetable group. These added
crops have similar cultural practices, edible food portions,
geographical locations, pest problems, established tolerances and
similar exposure to residue levels.
    Additionally, increased demand for these fruiting vegetables by
U.S. growers and consumers has led to increased production of these
commodities in the United States and this increased production has led
to heightened demand for pesticides for a wide range of fruiting
vegetables. Expanding the crop group will facilitate pesticide
availability for fruiting vegetables. Increasing the variety of
available pesticides for a crop enables U.S. growers to develop
integrated pest

management programs (IPM), which can minimize pest resistance.
    3. Change the names of representative commodities. EPA proposes to
change the name of the representative commodity for the crop group
``one cultivar of non-bell pepper'' by deleting the hyphen from the
term non-bell pepper. This change merely adopts current commodity
vocabulary designations.
    4. Create crop subgroups. EPA proposes to add three crop subgroups
to the revised crop group. The subgroups are:
    i. Subgroup 8-09A. Tomato subgroup. Representative commodity.
Tomato, standard size and one cultivar of small tomato. Eleven
commodities are included in this subgroup: Bush tomato; Cocona; Currant
tomato; Garden huckleberry; Goji berry; Groundcherry; Naranjilla;
Sunberry; Tomatillo; Tomato; Tree tomato; including cultivars,
varieties and/or hybrids of these commodities.
    ii. Subgroup 8-09B. Pepper/Eggplant subgroup. Representative
commodities. Bell pepper and one cultivar of nonbell pepper. Ten
commodities are included in this subgroup: African eggplant; Bell
pepper; Eggplant; Martynia; Nonbell pepper; Okra; Pea eggplant; Pepino;
Roselle; Scarlet eggplant; including cultivars, varieties and/or
hybrids of these commodities.
    iii. Subgroup 8-09C. Nonbell Pepper/Eggplant subgroup.
Representative commodities. One cultivar of small nonbell pepper or one
cultivar of small eggplant. Nine commodities are included in this
subgroup: African eggplant; Martynia; Eggplant; Nonbell pepper; Okra;
Pea eggplant; Pepino; Roselle; Scarlet eggplant; including cultivars,
varieties and/or hybrids of these commodities.
    The creation of these subgroups and the choice of representative
commodities for these subgroups are based on similarities in pest
pressures, cultural practices, and the edible portion of the commodity.
EPA has also determined that residue data on the designated
representative crops will provide adequate information on residue
levels in crops and subgroups.
    Subgroups will provide flexibility in the establishment of crop
group tolerances which can be important for international
harmonization. Tomatoes and peppers are the most commonly grown
fruiting vegetable in the world and are increasing in popularity. They
are used in various ethnic cuisines and per capita consumption has also
increased.

B. Crop Group 10-09 Citrus Fruit Group

    EPA is proposing to revise and expand the citrus crop group. EPA
will retain pre-existing Crop Group 10 and title the revised group as
Crop Group 10-09.
    1. Add commodities. Crop Group 10 currently contains the following
12 commodities: (1) Calamondin, Citrus mitis x Citrofortunella mitis;
(2) Citrus citron, Citrus medica; (3) Citrus hybrids, Citrus spp.
includes chironja, tangelo, tangor; (4) Grapefruit, Citrus paradisi;
(5) Kumquat, Fortunella spp.; (6) Lemon, Citrus jambhiri, Citrus limon;
(7) Lime, Citrus aurantiifolia; (8) Mandarin (tangerine), Citrus
reticulata; (9) Orange, sour, Citrus aurantium; (10) Orange, sweet,
Citrus sinensis; (11) Pummelo, Citrus grandis, Citrus maxima; (12)
Satsuma mandarin, Citrus unshiu.
    EPA proposes to expand Crop Group 10-09 to include 16 commodities
as follows: (1) Australian desert lime, Eremocitrus glauca (Lindl.)
Swingle; (2) Australian finger lime, Microcitrus australasica (F.
Muell.) Swingle; (3) Australian round lime, Microcitrus australis (A.
Cunn. ex Mudie) Swingle; (4) Brown River finger lime, Microcitrus
papuana Winters; (5) Japanese summer grapefruit, Citrus natsudaidai
Hayata; (6) Mediterranean Mandarin, Citrus deliciosa Ten; (7) Mount
White lime, Microcitrus garrowayae (F. M. Bailey) Swingle; (8) New
Guinea wild lime, Microcitrus warburgiana (F. M. Bailey) Tanaka; (9)
Russell River lime, Microcitrus inodora (F. M. Bailey) Swingle; (10)
Sweet lime, Citrus limetta Risso; (11) Tachibana orange, Citrus
tachibana (Makino) Tanaka; (12) Tahiti Lime, Citrus latifolia (Yu.
Tanaka) Tanaka; (13) Tangerine (Mandarin), Citrus reticulata Blanco;
(14) Tangor, Citrus nobilis lour. (15) Trifoliate orange, Poncirus
trifoliata (L.) Raf.; (16) Uniq fruit, Citrus aurantium Tangelo group;
including cultivars, varieties and/or hybrids of these.
    The proposed addition of crops to this crop group is based on
similarities and characteristics of the Rutaceae plant family. These
added crops are all citrus fruits, have similar cultural practices,
edible food portions, residue levels, geographical locations, pest
problems and established tolerances.
    2. Change the crop group name. EPA proposes to change the name of
``Crop Group 10: Citrus Fruits Group (Citrus spp., Fortunella spp.)''
to ``Crop Group 10-09: Citrus Fruit Group''. The name change reflects
the addition of the new commodities to the group in that it includes
commodities other than Fortunella spp.
    3. Create new subgroups. EPA proposes to add three new subgroups to
revised Crop Group 10-09 as follows:
    i. Orange Subgroup 10-09A. Representative commodities. Orange or
Tangerine/Mandarin. Twelve commodities are included in this subgroup:
Calamondin; Citron; Citrus hybrids; Mediterranean Mandarin; Orange,
sour; Orange, sweet; Satsuma mandarin; Tachibana orange; Tangelo;
Tangerine (Mandarin); Tangor; Trifoliate orange; including cultivars,
varieties and/or hybrids of these.
    ii. Lemon/Lime Subgroup 10-09B. Representative commodities. Lemon
or Lime. Twelve commodities are included in this subgroup: Australian
desert lime; Australian finger lime; Australian round lime; Brown River
finger lime; Kumquat; Lemon; Lime; Mount White lime; New Guinea wild
lime; Russell River lime; Sweet lime; Tahiti Lime; including cultivars,
varieties and/or hybrids of these.
    iii. Grapefruit Subgroup 10-09C. Representative commodity.
Grapefruit. Five commodities are included in this subgroup: Grapefruit;
Japanese summer grapefruit; Pummelo; Tangelo; Uniq fruit; including
cultivars, varieties and/or hybrids of these.
    The creation of these subgroups and the choice of representative
commodities for these subgroups are based on similarities in pest
pressures, cultural practices, the edible portion of the commodity, and
the geographic locations where these crops are grown. EPA has also
determined that residue data on the designated representative crops
will provide adequate information on residue levels in crops in the
subgroup. The subgroups provide flexibility in the establishment of
crop group tolerances which can be important for international
harmonization.
    4. Revise the representative commodities. EPA proposes to revise
the representative crops for Crop Group 10-09 as follows: ``Sweet
orange, lemon and grapefruit'' will be changed to ``Orange or
tangerine/mandarin, lemon or lime and grapefruit.'' This change
reflects the broader range of commodities in this group.

C. Crop Group 11-09: Pome Fruit Group

    EPA is proposing to revise and expand the pome fruit crop. EPA will
retain pre-existing Pome Fruit Crop Group 11 and title the revised
group as Crop Group 11-09: Pome Fruit Group.
    Add commodities. Crop Group 11 currently contains the following
seven commodities: (1) Apple, Malus domestica Borkh; (2) Crabapple,
Malus spp.; (3) Loquat, Eriobotrya japonica

(Thunb.) Lindl.; (4) Mayhaw, Crataegus spp.; (5) Pear, Pyrus communis
L.; (6) Pear, oriental, Pyrus communis L.; (7) Quince, Cydonia oblonga
Mill.;
    EPA proposes to expand Crop Group 11 to include five commodities as
follows: (1) Azarole, Crataegus azarolus L.; (2) Medlar, Mespilus
germanica L.; (4) Pear, Asian, Pyrus pyrifolia (Burm f.) Nakai var.
culta (Makino) Nakai; (5) Tejocote, Crataegus mexicana DC; including
varieties, cultivars and/or hybrids of these.
    The proposed addition of crops to this crop group is based on
similarities and characteristics of the Pome Fruit Crop Group 11 as
well as a comparison of pome fruits, their cultural practices, edible
food portions, residue levels, geographical locations, pest problems,
and established tolerances.

D. New Crop Group 20 Oilseed Group

    EPA proposes to add a new crop group, entitled Oilseed Group as
Crop Group 20. Oilseed group will include those crops from which oil is
extracted from their seed and used to produce edible or inedible oils
as well high-protein livestock meal.
    1. Commodities in group and representative commodities. EPA
proposes to include 32 commodities in Crop Group 20: (1) Borage, Borago
officinalis L.; (2) Calendula, Calendula officinalis L.; (3) Castor oil
plant, Ricinus communis L.; (4) Chinese tallowtree, Triadica sebifera
(L.) Small; (5) Cottonseed, Gossypium spp.; (6) Crambe, Crambe
hispanica L., Crambe abyssinica Hochst. ex R.E. Fr.; (7) Cuphea, Cuphea
hyssopifolia Kunth; (8) Echium, Echium plantagineum L.; (9) Euphorbia,
Euphorbia esula L.; (10) Evening primrose, Oenothera biennis L.; (11)
Flax seed, Linum usitatissimum L.; (12) Gold of pleasure, Camelina
sativa (L.) Crantz; (13) Hare's ear mustard, Conringia orientalis (L.)
Dumort.; (14) Jojoba, Simmondsia chinensis (Link) C.K. Schneid.; (15)
Lesquerella, Lesquerella recurvata (Engelm. ex A. Gray) S. Watson; (16)
Lunaria, Lunaria annua L.; (17) Meadowfoam, Limnanthes alba Hartw. ex
Benth.; (18) Milkweed, Asclepias spp. L.; (19) Mustard seed, Brassica
hirta Moench, Sinapis alba L. subsp. alba; (20) Niger seed, Guizotia
abyssinica (L.f.) Cass.; (21) Oil radish, Raphanus sativus L. var.
oleiformis Pers.; (22) Poppy seed, Papaver somniferum L. subsp.
somniferum; (23) Rapeseed, Brassica spp.; Brassica napus L.; (24) Rose
hip, Rosa rubiginosa L.; (25) Safflower, Carthamus tinctorious L.; (26)
Sesame, Sesamum indicum L.; Sesamum radiatum Schumach. & Thonn.; (27)
Stokes aster, Stokesia laevis (Hill) Greene; (28) Sunflower, Helianthus
annuus L.; (29) Sweet rocket, Hesperis matronalis L.; (30) Tallowwood,
Ximenia americana L.; (31) Tea oil plant, Camellia oleifera C. Abel;
(32) Vernonia, Vernonia galamensis (Cass.) Less. The representative
commodities proposed for this group are cottonseed, rapeseed (canola
varieties only), and sunflower.
    Oilseed Crop Group 20 is proposed based on similarities in cultural
practices, edible food portions, livestock feed items, residue levels,
geographical locations, and pest problems. The Oilseed crop group
should facilitate the approval in the United States of additional
pesticides for these crops and both domestic and foreign tolerances,
increasing opportunities for producers to grow new high value
alternative minor crops, including potential biofuel crops. The
proposed representative commodities were chosen based on the scope of
their production and economic importance as well as on the similarities
in cultural practices, pest problems, and commercial production. These
three representative commodities account for greater than 95% of the
harvested acres for the entire Oilseed crop group.
    2. Create crop subgroups. EPA proposes to add three crop subgroups
for Crop Group 20. The subgroups are:
    i. Rapeseed Subgroup 20A. Representative commodity: Rapeseed,
canola varieties only. The 17 commodities proposed for inclusion in
this subgroup are: Borage; Crambe; Cuphea; Echium; Flax seed; Gold of
pleasure; Hare's ear mustard; Lesquerella; Lunaria; Meadowfoam;
Milkweed; Mustard seed; Oil radish; Poppy seed; Rapeseed; Sesame; Sweet
rocket.
    ii. Sunflower Subgroup 20B. Representative commodity: Sunflower,
seed. The 14 commodities proposed for inclusion in this subgroup are:
Calendula; Castor oil plant; Chinese tallowtree; Euphorbia; Evening
primrose; Jojoba; Niger seed; Rose hip; Safflower; Stokes aster;
Sunflower; Tallowwood; Tea oil plant; Vernonia.
    iii. Cottonseed Subgroup 20C. Representative commodity: Cottonseed.
The one commodity proposed for inclusion in this subgroup is:
Cottonseed.
    The creation of these subgroups and the choice of representative
commodities for these subgroups are based on similarities in pest
pressures, cultural practices, the edible portion of the commodity, and
the geographic locations where these crops are grown. EPA has also
determined that residue data on the designated representative crops
will provide adequate information on residue levels in crops and
subgroup. The subgroups provide flexibility in the establishment of
crop group tolerances which can be important for international
harmonization.

E. Amendment to Definitions and Interpretations

    EPA proposes to revise the commodity definition in 40 CFR 180.1(g)
for Citrus Group as follows:

Tangerines = Tangerine (mandarin or mandarin orange), Clementine,
Mediterranean mandarin, Satsuma mandarin, Tangelo, Tangor, cultivars
and varieties.

F. Amendment to 40 CFR 180.1(h)

    EPA proposes to delete 40 CFR 180.1(h) that reads: ``Unless
otherwise specified, tolerances and exemptions established under the
regulations in this part apply to residues from only preharvest
application of the chemical.'' EPA is proposing to delete this
provision for two reasons. First, EPA believes that use information
should generally be avoided in the tolerance listings because such
information is difficult to enforce and is more completely addressed
through other means, such as pesticide labels. Second, removal of Sec.
180.1(h) will not result in any increased exposure under existing
tolerance due to expansion of post-harvest uses cannot be expanded
absent pre-market approval by EPA under the Federal Insecticide,
Fungicide, and Rodenticide Act, 7 U.S.C. 136 et seq., and the FFDCA, as
appropriate.

IV. Statutory and Executive Order Reviews

A. Executive Order 12866

    Under Executive Order 12866, entitled Regulatory Planning and
Review (58 FR 51735, October 4, 1993), the Office of Management and
Budget (OMB) has designated this proposed rule as a not-significant
regulatory action under section 3(f) of the Executive Order.
    This action is one in a series of planned crop group updates. EPA
prepared an analysis of the potential costs and benefits related to its
pesticide tolerance crop grouping regulations for the first crop
grouping final rule published December 7, 2007 (72 FR 69150). This
analysis is contained in ``Economic Analysis of the Expansion of the
Crop Grouping Program.'' A copy of the analysis is available in the
docket and is briefly summarized here.
    This is a burden-reducing regulation. Crop grouping has saved money
by allowing the results of pesticide exposure studies for one crop to
be applied to other, similar crops. This

action proposes to expand certain existing crop groups and to add one
new crop group. Crop groupings will assist in making available lower
risk pesticides for minor crops both domestically and in countries that
export food to the U.S. Minor crop and specialty crop producers will
benefit because lower registration costs will encourage pesticide
manufacturers to register more pesticides for use on minor and/or
specialty crops, providing these growers with additional lower-risk
pesticide options. The increased coverage of tolerances to imported
commodities may result in a larger supply of imported and domestically
produced specialty produce at potentially lower costs and treated with
lower-risk pesticides which also benefit consumers. EPA believes that
data from representative crops will not underestimate the public
exposure to pesticide residues through the consumption of treated
crops. EPA and the IR-4 Project, will more efficiently use resources as
a result of the rule. EPA will conserve resources if, as expected, new
or expanded crop groups result in fewer emergency pesticide use
requests from specialty crop growers. Further, new and expanded crop
groups will likely reduce the number of separate risk assessments and
tolerance rulemakings that EPA will have to conduct. Further benefits
come from international harmonization of crop classification and
nomenclature, harmonized commodity import and export standards and
increased potential for resource sharing between EPA and pesticide
regulatory agencies in other countries. Revisions to the crop grouping
program will result in no appreciable costs or negative impacts to
consumers, minor crop producers, specialty crop producers, pesticide
registrants, the environment, or human health. No crop group tolerance
for a pesticide can be established unless EPA determines that it is
safe.
    An example of the benefits of group groupings can be shown through
of the impact of changes to Crop Group 3 in a prior rulemaking (72 FR
69150, December 7, 2007). That rulemaking expanded Crop Group 3, Bulb
Vegetables from 7 to 25 crops, an increase of 18 from the original crop
group. Prior to the expansion of the subgroup, adding tolerances for
the 18 new crops would have required 18 field trials at a cost of
approximately $5.4 million (assuming $300,000 per field trial), whereas
after promulgation of the expanded group these 18 new crops could
obtain coverage under a Crop Group 3 tolerance with no field trials in
addition to those required on the representative commodities (which did
not change with the expansion of the group). Fewer field trials means a
greater likelihood that these commodities will obtain tolerance
coverage under the FFDCA, aiding growers, and the administrative costs
of both the IR-4 testing process and the EPA review process will be
reduced.
    The benefits of the rule proposed today can be shown through the
example of the impact of changes to Crop Group 3 in a prior rulemaking
(72 FR 69150, December 7, 2007). That rulemaking expanded Crop Group 3,
Bulb Vegetables from 7 to 25 crops, an increase of 18 from the original
crop group. Prior to the expansion of the subgroup, adding tolerances
for the 18 new crops would have required 18 field trials at a cost of
approximately $5.4 million (assuming $300,000 per field trial), whereas
after promulgation of the expanded group these 18 new crops could
obtain coverage under a Crop Group 3 tolerance with no field trials in
addition to those required on the representative commodities (which did
not change with the expansion of the group). Fewer field trials means a
greater likelihood that these commodities will obtain tolerance
coverage under the FFDCA, aiding growers, and the administrative costs
of both the IR-4 testing process and the EPA reviewprocess will be
reduced.

B. Paperwork Reduction Act

    This rule does not contain any new information collection
requirements that would need approval by OMB under the provisions of
the Paper Reduction Act (PRA), 44 U.S.C. 3501 et seq. However, the
proposed rule, when adopted as a final rule, is expected to reduce
mandatory paperwork due to a reduction in required studies. The final
rule will have the effect of reducing the number of residue chemistry
studies because fewer representative crops would need to be tested
under a crop grouping scheme, than would otherwise be required.

C. Regulatory Flexibility Act

    Pursuant to section 605(b) of the Regulatory Flexibility Act (RFA),
5 U.S.C. 601 et seq., the Agency hereby certifies that this proposed
rule, when adopted as final, will not have a significant adverse
economic impact on a substantial number of small entities. This
proposed ruledoes not have any direct adverse impacts on small
businesses, small non-profit organizations, or small local governments.
For purposes of assessing the impacts of today's proposed rule on small
entities, small entity is defined as: (1) A small business according to
the small business size standards established by the Small Business
Administration (SBA); (2) a small governmental jurisdiction that is a
government of a city, county, town, school district or special district
with a population of less than 50,000; and (3) a small organization
that is any not-for-profit enterprise which is independently owned
andoperated and is not dominant in its field.
    In determining whether a rule has a significant economic impact on
a substantial number of small entities, the impact of concern is any
significant adverse economic impact on small entities, since the
primarypurpose of the regulatory flexibility analyses is to identify
and addressregulatory alternatives ``which minimize any significant
economicimpact of the proposed rule on small entities'' (5 U.S.C.
sections 603 and604). Thus, an agency may certify that a rule will not
have a significant economic impact on a substantial number of small
entities if the rule relieves a regulatory burden, or otherwise has
positive economic effects on all of the small entities subject to the
rule.
     This proposed rule provides regulatory relief and regulatory
flexibility. The new or expanded crop groups ease the process for
pesticide manufacturers to obtain pesticide tolerances on greater
numbers of crops. Pesticides will be more widely available to growers
for use on crops, particularly specialty crops.

D. Unfunded Mandates Reform Act

     Under Title II of the Unfunded Mandates Reform Act of 1995 (UMRA)
(Public Law 104-4), EPA has determined that this proposed rule does not
contain a Federal mandate that may result in expenditures of $100
million or more for State, local, and tribal governments, in the
aggregate,or the private sector in any 1 year. Accordingly, this rule
is not subject to the requirements of sections 202, 203, 204, and 205
of UMRA.

E. Executive Order 13132

    Pursuant to Executive Order 13132, entitled Federalism (64 FR
43255, August 10, 1999), EPA has determined that this proposed rule
does not have federalism implications, because it will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government, as
specified in the

Order. Thus, Executive Order 13132 does not apply to this proposed
rule.

F. Executive Order 13175

    As required by Executive Order 13175, entitled Consultation and
Coordination with Indian Tribal Governments (65 FR 67249, November 6,
2000), EPA has determined that this proposed rule does not have tribal
implications because it will not have any affect on tribal governments,
on the relationship between the Federal government andthe Indian
tribes, or on the distribution of power and responsibilities between
the Federal government and Indian tribes, as specified in the Order.
Thus, Executive Order 13175 does not apply to this proposed rule.

G. Executive Order 13045

    Executive Order 13045, entitled Protection of Children from
Environmental Health Risks and Safety Risks (62 FR 19885, April 23,
1997) does not apply to this proposed rule because this action is not
designated as an economically significant regulatory action as defined
by Executive Order 12866 (see Unit IV.A.), nor does it establish an
environmental standard, or otherwise have a disproportionate effect on
children.

H. Executive Order 13211

    This proposed rule is not subject to Executive Order 13211,
entitledActions Concerning Regulations that Significantly Affect Energy
Supply,Distribution, or Use (66 FR 28355, May 22, 2001) because it is
not designated as a regulatory action as defined by Executive Order
12866 (see Unit IV.A.), nor is it likely to have any adverse effect on
the supply, distribution, or use of energy.

I. National Technology Transfer and Advancement Act

    Section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA), (15 U.S.C. 272 note) directs EPA to use voluntary
consensus standards in its regulatory activities unless to do so would
be inconsistent with applicable law or impractical. Voluntary consensus
standards are technical standards (e.g., materials specifications, test
methods, and sampling procedures) that are developed or adopted by
voluntary consensus standards bodies. This proposed rule does not
impose any technical standards that would require EPA to consider any
voluntary consensus standards.

J. Executive Order 12898

    Under Executive Order 12898, entitled Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations (59 FR 7629, February 16, 1994), the Agency has not
considered environmental justice-related issues because this proposed
rule does not have an adverse impact on the environmental and health
conditions in low-income and minority communities.

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedure,
Agricultural commodities.

    Dated: December 22, 2009.
Stephen A. Owens,
Assistant Administrator for Prevention, Pesticides and Toxic
Substances.

    Therefore, it is proposed that 40 CFR chapter I be amended as
follows:

PART 180--[AMENDED]

    1. The authority citation for part 180 would continue to read as
follows:

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

    2. Section 180.41 is amended as follows:
    a. By redesignating paragraphs (c)(10) - (c)(22) as paragraphs
(c)(11) - (c)(23), respectively, and by adding a new paragraph (c)(10).
    b. By redesignating newly redesignated paragraphs (c)(13) - (c)(23)
as paragraphs (c)(14) - (c)(24), respectively, and by adding a new
paragraph (c)(13).
    c. By redesignating newly redesignated paragraphs (c)(15) - (c)(24)
as paragraphs (c)(16) - (c)(25), respectively, and by adding new
paragraph (c)(15). and
    d. By redesignating newly redesignated paragraph (c)(25) as
paragraph (c)(26), and by adding a new paragraph (c)(25).
    The amendments read as follows:

Sec.  180.41  Crop group tables.

* * * * *
    (c) * * *
    (10) Crop Group 8-09. Fruiting Vegetable Group.
    (i) Representative commodities. Tomato (standard size) and one
cultivar of small tomato; bell pepper and one cultivar of nonbell
pepper; and one cultivar of small nonbell pepper or one cultivar of
small eggplant.
    (ii) Commodities. The following is a list of all commodities
included in the Crop Group 8-09.

           Table 1--Crop Group 8-09: Fruiting Vegetable Group
------------------------------------------------------------------------
                  Commodities                     Related crop subgroups
------------------------------------------------------------------------
African eggplant, Solanum macrocarpon L........             8-09B, 8-09C
Bush tomato, Solanum centrale J.M. Black.......                    8-09A
Cocona, Solanum sessiliflorum Dunal............                    8-09A
Currant tomato, Lycopersicon pimpinellifolium                      8-09A
 (L.) Mill.....................................
Eggplant, Solanum melongena L..................             8-09B, 8-09C
Garden huckleberry, Solanum scabrum Mill.......                    8-09A
Goji berry, Lycium barbarum L..................                    8-09A
Groundcherry, Physalis alkekengi L., P. grisea                     8-09A
 (Waterf.) M. Martinez, P. peruvian L., P.
 pubescens L...................................
Martynia, Proboscidea louisianica (Mill.)                   8-09B, 8-09C
 Thell.........................................
Naranjilla, Solanum quitoense Lam..............                    8-09A
Okra, Abelmoschus esculentus (L.) Moench.......             8-09B, 8-09C
Pea eggplant, Solanum torvum Sw................             8-09B, 8-09C
Pepino, Solanum muricatum Aiton................             8-09B, 8-09C
Pepper, bell, Capsicum annuum L. var. annuum,                      8-09B
 Capsicum spp..................................
Pepper, nonbell, Capsicum chinese Jacq., C.                 8-09B, 8-08C
 annuum L. var. annuum, C. frutescens L., C.
 baccatum L., C. pubescens Ruiz & Pav.,
 Capsicum spp..................................
Roselle, Hibiscus sabdariffa L.................             8-09B, 8-09C
Scarlet eggplant, Solanum aethiopicum L........             8-09B, 8-09C
Sunberry, Solanum retroflexum Dunal............                    8-09A

Tomatillo, Physalis philadelphica Lam..........                    8-09A
Tomato, Solanum lycopersicon L., Solanum                           8-09A
 lycopersicum L. var. lycopersicum.............
Tree tomato, Solanum betaceum Cav..............                    8-09A
Cultivars, varieties and/or hybrids of these...  .......................
------------------------------------------------------------------------

    (iii) Table. The following Table 2 identifies the crop subgroups
for Crop Group 8-09, specifies the representative commodities for each
subgroup and lists all the commodities included in each subgroup.

               Table 2--Crop Group 8-09: Subgroup Listing
------------------------------------------------------------------------
       Representative commodities                  Commodities
------------------------------------------------------------------------
Crop Subgroup 8-09A. Tomato subgroup...
Tomato (Standard size and one cultivar   Bush tomato; Cocona; Currant
 of small tomato)..                       tomato; Garden huckleberry;
                                          Goji berry; Groundcherry;
                                          Naranjilla; Sunberry;
                                          Tomatillo; Tomato; Tree
                                          tomato; cultivars, varieties,
                                          and/or hybrids of these.
------------------------------------------------------------------------
Crop Subgroup 8-09B Pepper/Eggplant
 subgroup.
Bell pepper and one cultivar of nonbell  African eggplant; Bell pepper;
 pepper..                                 Eggplant; Martynia; Nonbell
                                          pepper; Okra; Pea eggplant;
                                          Pepino; Roselle, Scarlet
                                          eggplant; cultivars,
                                          varieties, and/or hybrids of
                                          these.
------------------------------------------------------------------------
 Crop Subgroup 8-09C Nonbell pepper/
 Eggplant subgroup.
One cultivar small nonbell pepper or     African eggplant; Eggplant;
 one cultivar of small eggplant..         Martynia; Nonbell pepper;
                                          Okra; Pea eggplant; Pepino;
                                          Roselle, Scarlet eggplant;
                                          cultivars, varieties, and/or
                                          hybrids of these.
------------------------------------------------------------------------

* * * * *
    (13) Crop Group 10-09. Citrus Fruit Group.
    (i) Representative commodities. Orange or Tangerine/Mandarin, Lemon
or Lime, and Grapefruit
    (ii) Commodities. The following is a list of all the commodities in
Crop Group 10:

              Table 1--Crop Group 10-09: Citrus Fruit Group
------------------------------------------------------------------------
                  Commodities                     Related crop subgroups
------------------------------------------------------------------------
Australian desert lime, Eremocitrus glauca                        10-09B
 (Lindl.) Swingle..............................
Australian finger lime, Microcitrus                               10-09B
 australasica (F. Muell.) Swingle..............
Australian round lime, Microcitrus australis                      10-09B
 (A. Cunn. ex Mudie) Swingle...................
Brown River finger lime, Microcitrus papuana                      10-09B
 Winters.......................................
Calamondin, Citrofortunella microcarpa (Bunge)                    10-09A
 Wijnands......................................
Citron, Citrus medica L........................                   10-09A
Citrus hybrids, Citrus spp. Eremocitrus spp.,                     10-09A
 Fortunella spp., Microcitrus spp., and
 Poncirus spp..................................
Grapefruit, Citrus paradisi Macfad.............                   10-09C
Japanese summer grapefruit, Citrus natsudaidai                    10-09C
 Hayata........................................
Kumquat, Fortunella spp........................                   10-09B
Lemon, Citrus limon (L.) Burm. f...............                   10-09B
Lime, Citrus aurantiifolia (Christm.) Swingle..                   10-09B
Mediterranean Mandarin, Citrus deliciosa Ten...                   10-09A
Mount White lime, Microcitrus garrowayae (F. M.                   10-09B
 Bailey) Swingle...............................
New Guinea wild lime, Microcitrus warburgiana                     10-09B
 (F. M. Bailey) Tanaka.........................
Orange, sour, Citrus aurantium L...............                   10-09A
Orange, sweet, Citrus sinensis (L.) Osbeck.....                   10-09A
Pummelo, Citrus maxima (Burm .) Merr...........                   10-09C
Russell River lime, Microcitrus inodora (F.M.                     10-09B
 Bailey) Swingle...............................
Satsuma mandarin, Citrus unshiu Marcow.........                   10-09A
Sweet lime, Citrus limetta Risso...............                   10-09B
Tachibana orange, Citrus tachibana (Makino)                       10-09A
 Tanaka........................................
Tahiti Lime, Citrus latifolia (Yu. Tanaka)                        10-09B
 Tanaka........................................
Tangelo, Citrus x tangelo J.W. Ingram & H.E.              10-09A, 10-09C
 Moore.........................................
Tangerine (Mandarin), Citrus reticulata Blanco.                   10-09A
Tangor, Citrus nobilis Lour....................                   10-09A
Trifoliate orange, Poncirus trifoliata (L.)                       10-09A
 Raf...........................................
Uniq fruit, Citrus aurantium Tangelo group.....                   10-09C
Cultivars, varieties and/or hybrids of these...
------------------------------------------------------------------------

    (iii) Table. The following Table 2 identifies the crop subgroups
for Crop Group 10-09, specifies the representative commodities for each
subgroup and lists all the commodities included in each subgroup.

               Table 2--Crop Group 10-09: Subgroup Listing
------------------------------------------------------------------------
       Representative commodities                  Commodities
------------------------------------------------------------------------
Crop Subgroup 10-09A. Orange subgroup..
Orange or tangerine/mandarin...........  Calamondin; Citron; Citrus
                                          hybrids; Mediterranean
                                          Mandarin; Orange, sour;
                                          Orange, sweet; Satsuma
                                          mandarin; Tachibana orange;
                                          Tangerine (Mandarin); Tangelo,
                                          Tangor; Trifoliate orange;
                                          cultivars, varieties, and/or
                                          hybrids of these.
------------------------------------------------------------------------
Crop Subgroup 10-09B. Lemon/Lime
 subgroup.
Lemon or lime..........................  Australian desert lime;
                                          Australian finger-lime;
                                          Australian round lime; Brown
                                          River finger lime; Kumquat;
                                          Lemon; Lime; Mount White Lime;
                                          New Guinea wild lime; Russell
                                          River Lime; Sweet lime; Tahiti
                                          Lime; cultivars, varieties,
                                          and/or hybrids of these
                                          varieties.
------------------------------------------------------------------------
Crop Subgroup 10-09C. Grapefruit
 subgroup.
Grapefruit.............................  Grapefruit; Japanese summer
                                          grapefruit; Pummelo; Tangelo;
                                          Uniq fruit; cultivars,
                                          varieties, and/or hybrids of
                                          these.
------------------------------------------------------------------------

* * * * *
    (15) Crop Group 11-09. Pome Fruit Group.
    (i) Representative commodities. Apple and Pear.
    (ii) Commodities. The following is a list of all the commodities in
Crop Group 11-09.

        Table 1--Crop Group 11-09: Pome Fruit Group--Commodities
Apple, Malus domestica Borkh
Azarole, Crataegus azarolus L.
Crabapple, Malus sylvestris (L.) Mill., Malus prunifolia (Willd.) Borkh.
Loquat, Eriobotrya japonica (Thunb.) Lindl.
Mayhaw, Crataegus aestivalis (Walter) Torr. & A. Gray, C. opaca Hook. &
 Arn., and C. rufula Sarg.
Medlar, Mespilus germanica L.
Pear, Pyrus communis L
Pear, Asian, Pyrus pyrifolia (Burm. f.) Nakai var. culta (Makino) Nakai
Quince, Cydonia oblonga Mill
Quince, Chinese, Chaenomeles speciosa (Sweet) Nakai, Pseudocydonia
 sinensis (Thouin) C.K. Schneid.
Quince, Japanese, Chaenomeles japonica (Thunb.) Lindl. ex Spach
Tejocote, Crataegus mexicana DC.
Cultivars, varieties and/or hybrids of these.

* * * * *
    (25) Crop Group 20. Oilseed Group.
    (i) Representative commodities. Rapeseed (canola varieties only);
sunflower, seed and cottonseed.
    (ii) Table. The following Table 1 lists all the commodities listed
in Crop Group 20 and identifies the related crop subgroups and includes
cultivars and/or varieties of these commodities.

                  Table 1--Crop Group 20: Oilseed Group
------------------------------------------------------------------------
                                                          Related crop
                     Commodities                           subgroups
------------------------------------------------------------------------
Borage, Borago officinalis L.........................                20A
Calendula, Calendula officinalis L...................                20B
Castor oil plant, Ricinus communis L.................                20B
Chinese tallowtree, Triadica sebifera (L.) Small.....                20B
Cottonseed, Gossypium spp. L.........................                20C
Crambe, Crambe hispanica L.; Crambe abyssinica                       20A
 Hochst. ex R.E. Fr..................................
Cuphea, Cuphea hyssopifolia Kunth....................                20A
Echium, Echium plantagineum L........................                20A
Euphorbia, Euphorbia esula L.........................                20B
Evening primrose, Oenothera biennis L................                20B
Flax seed, Linum usitatissimum L.....................                20A
Gold of pleasure, Camelina sativa (L.) Crantz........                20A
Hare's ear mustard, Conringia orientalis (L.) Dumort.                20A
Jojoba, Simmondsia chinensis (Link) C.K. Schneid.....                20B
Lesquerella, Lesquerella recurvata (Engelm. ex A.                    20A
 Gray) S. Watson.....................................
Lunaria, Lunaria annua L.............................                20A
Meadowfoam, Limnanthes alba Hartw. ex Benth..........                20A
Milkweed, Asclepias spp. L...........................                20A
Mustard seed, Brassica hirta Moench, Sinapis alba L.                 20A
 subsp. alba.........................................
Niger seed, Guizotia abyssinica (L.f.) Cass..........                20B
Oil radish, Raphanus sativus L. var. oleiformis Pers.                20A
Poppy seed, Papaver somniferum L. subsp. Somniferum..                20A
Rapeseed, Brassica spp.; Brassica napus L............                20A
Rose hip, Rosa rubiginosa L..........................                20B
Safflower, Carthamus tinctorious L...................                20B
Sesame, Sesamum indicum L.; Sesamum radiatum                         20A
 Schumach. & Thonn...................................
Stokes aster, Stokesia laevis (Hill) Greene..........                20B
Sunflower, Helianthus annuus L.......................                20B

Sweet rocket, Hesperis matronalis L..................                20A
Tallowwood, Ximenia americana L......................                20B
Tea oil plant, Camellia oleifera C. Abel.............                20B
Vernonia, Vernonia galamensis (Cass.) Less...........                20B
Cultivars, varieties, and/or hybrids of these........  .................
------------------------------------------------------------------------

    (iii) Table. The following Table 2 identifies the crop subgroups
for Crop Group 20, specifies the representative commodities for each
subgroup and lists all the commodities included in each subgroup.

                 Table 2--Crop Group 20 Subgroup Listing
------------------------------------------------------------------------
       Representative commodities                  Commodities
------------------------------------------------------------------------
Crop Subgroup 20A. Rapeseed subgroup...
Rapeseed, canola varieties only........  Borage, Crambe, Cuphea, Echium,
                                          Flax seed, Gold of pleasure,
                                          Hare's ear mustard,
                                          Lesquerella, Lunaria,
                                          Meadowfoam, Milkweed, Mustard
                                          seed, Oil radish, Poppy seed,
                                          Rapeseed, Sesame, Sweet
                                          rocket, cultivars, varieties,
                                          and/or hybrids of these.
Crop Subgroup 20B. Sunflower subgroup..
Sunflower, seed........................  Calendula, Castor oil plant,
                                          Chinese tallowtree, Euphorbia,
                                          Evening primrose, Jojoba,
                                          Niger seed, Rose hip,
                                          Safflower, Stokes aster,
                                          Sunflower, Tallowwood, Tea oil
                                          plant, Vernonia, cultivars,
                                          varieties, and/or hybrids of
                                          these.
Crop Subgroup 20C. Cottonseed Subgroup.
Cottonseed.............................  Cottonseed, cultivars,
                                          varieties, and/or hybrids of
                                          these.
------------------------------------------------------------------------

* * * * *

[FR Doc. E10-31397 Filed 01-05-10; 8:45 am]
BILLING CODE 6560-50-S