[Federal Register Volume 81, Number 3 (Wednesday, January 6, 2016)]
[Notices]
[Pages 481-484]
[FR Doc No: 2015-33300]

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ENVIRONMENTAL PROTECTION AGENCY

[EPA-HQ-OPP-2015-0393; FRL-9939-58]

Registration Review Interim Decisions; Notice of Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: This notice announces the availability of EPA's interim
registration review decision for the pesticides listed in Unit II of
this notice. Registration review is EPA's periodic review of pesticide
registrations to ensure that each pesticide continues to satisfy the
statutory standard for registration, that is, that the pesticide can
perform its intended function without causing unreasonable adverse
effects to human health or the environment. Through this program, EPA
is ensuring that each pesticide's registration is based on current
scientific and other knowledge, including its effects on human health
and the environment.

FOR FURTHER INFORMATION CONTACT: For pesticide specific information,
contact the Chemical Review Manager identified in the table in Unit II
for the pesticide of interest.
    For general information on the registration review program,
contact: Richard Dumas, Pesticide Re-Evaluation Division (7508P),
Office of Pesticide Programs, Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone number:
(703) 308-8015; email address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this action apply to me?

    This action is directed to the public in general, and may be of
interest to a wide range of stakeholders including environmental, human
health, farm worker, and agricultural advocates; the chemical industry;
pesticide users; and members of the public interested in the sale,
distribution, or use of pesticides. Since others also may be
interested, the Agency has not attempted to describe all the specific
entities that may be affected by this action. If you have any questions
regarding the applicability of this action to a particular entity,
consult the pesticide specific contact person listed under FOR FURTHER
INFORMATION CONTACT.

B. How can I get copies of this document and other related information?

    The docket for this action, identified by docket identification
(ID) number EPA-HQ-OPP-2015-0393, is available at http://www.regulations.gov or at the Office of Pesticide Programs Regulatory
Public Docket (OPP Docket) in the Environmental Protection Agency
Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334,
1301 Constitution Ave. NW., Washington, DC 20460-0001. The Public
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays. The telephone number for the Public
Reading Room is<PHONE_NUMBER>, and the telephone number for the OPP
Docket is<PHONE_NUMBER>. Please review the visitor instructions and
additional information about the docket available at http://www.epa.gov/dockets.

II. What action is the Agency taking?

    Pursuant to 40 CFR 155.58(c), this notice announces the
availability of EPA's interim registration review decisions for the
pesticides in the following table:

              Table--Registration Review Interim Decisions
------------------------------------------------------------------------
                                                          Contact and
  Registration review case name      Docket ID No.          contact
             and No.                                      information
------------------------------------------------------------------------
2-Propen-1-aminium, N,Ndimethyl-  EPA-HQ-OPP-2015-02  Donna Kamarei,
 N-2-propenyl-, chloride,          55.<PHONE_NUMBER>,
 Homopolymer (Case 5024<EMAIL_ADDRESS>Daminozide (Case 0032)..........  EPA-HQ-OPP-2009-02  Margaret Hathaway,
                                   42.<PHONE_NUMBER>,
<EMAIL_ADDRESS>Dipropyl isocinchomeronate (Case  EPA-HQ-OPP-2014-05  Marianne Mannix,
 2215).                            78.<PHONE_NUMBER>,
<EMAIL_ADDRESS>Fenoxaprop-p-ethyl (Case 7209)..  EPA-HQ-OPP-2007-04  Miguel Zavala,
                                   37.<PHONE_NUMBER>,
<EMAIL_ADDRESS>Imazapyr (Case 3078)............  EPA-HQ-OPP-2014-02  Matthew Manupella,
                                   00.<PHONE_NUMBER>,
<EMAIL_ADDRESS>Isoxaben (Case 7219)............  EPA-HQ-OPP-2007-10  Nathan Sell, (703)
                                   38.                 347-8020,
<EMAIL_ADDRESS>Paclobutrazol (Case 7002).......  EPA-HQ-OPP-2006-01  Khue Nguyen, (703)
                                   09.                 347-0248,
<EMAIL_ADDRESS>Silica and Silcates (Case 4081).  EPA-HQ-OPP-2007-11  James Parker,
                                   40.<PHONE_NUMBER>,
<EMAIL_ADDRESS>Sulfentrazone (Case 7231).......  EPA-HQ-OPP-2009-06  Christina
                                   24.                 Scheltema, (703)
                                                       308-2201,
<EMAIL_ADDRESS>Tributyltin Oxide (Case 2620)...  EPA-HQ-OPP-2014-08  Sandra O'Neill,
                                   01.<PHONE_NUMBER>,
<EMAIL_ADDRESS>------------------------------------------------------------------------

    The registration review final decisions for several of these cases
are dependent on the assessment of listed species and designated
critical habitats under the Endangered Species Act (ESA),
determinations on the potential for endocrine disruption, and/or
evaluation of risks to pollinators.
    2-Propen-1-aminium, N, N-dimethyl-N-2-propenyl-, chloride,
homopolymer (Interim Decision). The registration review docket for 2-
propen-1-aminium, N, N-dimethyl-N-2-propenyl-, chloride, homopolymer
opened in August 2015. The Agency did not receive any comments. There
is one product containing this active ingredient; which is registered
to control mollusks in potable water supplies. The Agency did not call-
in any data in support of this registration review case. Additionally,
the Agency did not conduct a human health or an environmental risk
assessment since label instructions minimize exposure from the
product's registered use. Based on the lack of potential exposure, the
Agency is making a ``no effect'' determination for listed species. The
final decision on the registration review for this case will occur
after an Endocrine Disruption Screen Program (EDSP) Federal Food Drug
and Cosmetic Act (FFDCA) section 408(p) determination is made.
    Daminozide (Interim Decision). EPA is announcing the availability
of the daminozide interim registration review decision. Daminozide is a
plant growth regulator (PGR) used to control the development of
commercially grown container plants. It is used in nurseries, shade
houses, and greenhouses and is applied as a foliage spray that is
systemically distributed throughout the plant, a use pattern resulting
in little or no potential for off-site drift. Daminozide has no
registered food uses and no registered residential uses. EPA conducted
both an ecological risk assessment and human health risk assessment for
daminozide, and there were no human health risks of concern with
registered daminozide uses. The Agency is not calling for mitigation
for either ecological or human health risks from daminozide at this
time. Except for ongoing ESA consultation, a pollinator risk
assessment, and EDSP component of this registration review case, the
Agency is proposing that no additional data and no further risk
mitigation is needed for daminozide. The Agency's final registration
review decision is dependent upon the assessment of risks to threatened
and endangered species, pollinators, and an EDSP determination.
    Dipropyl isocinchomeronate (Interim Decision). This notice
announces the publication of the registration review interim decision
for dipropyl isocinchomeronate. Dipropyl isocinchomeronate is
registered for use as an insect repellent for use on humans and
companion animals to repel flies, gnats, and other flying and biting
insects. It is never the sole active ingredient; it is always co-
formulated with other insecticides/repellents to broaden their spectrum
of repellency. The Agency has concluded that there are no human health
risk concerns associated with the use of dipropyl isocinchomeronate.
Based on the limited usage, diffusion over a large treatment area, and
the low probability of non-target organism exposure, the Agency has not
found any ecological risks of concern associated with dipropyl
isocinchomeronate and is making a ``no effect'' determination for all
federally listed species and a ``no habitat modification''
determination for all designated critical habitat for listed species.
The Agency concludes that no risk reduction measures or additional data
are needed at this time. Dipropyl isocinchomeronate has not been
evaluated under the EDSP. The Agency's final registration review
decision is dependent upon the result of the evaluation of potential
endocrine effects.
    Fenoxaprop-p-ethyl (Interim Decision). Fenoxaprop-p-ethyl (FPE) is
a selective aryloxy phenoxy-propionate herbicide registered for use on
barley, cotton, rice, soybeans, and wheat for post-emergence control of
grassy weeds. Additional non-agricultural use sites include
conservation reserves, ornamentals, rights-of-way, and turf. In this
interim registration review decision for fenoxaprop-p-ethyl, EPA has
determined that no additional data are required at this time; however,
certain risk reduction measures are necessary at this time. To address
potential risk to non-target terrestrial monocots, spray drift
management language is required for all fenoxaprop-p-ethyl product
registrations used on agricultural, wide area, or rights-of-way use
sites. The Agency also is requiring the implementation of label
language clarifying use rates, to which the registrants have already
agreed. In addition, EPA is requiring label language to include
recommended herbicide-resistance management measures. The final
registration review decision for fenoxaprop-p-ethyl is dependent upon
an assessment of listed

species and designated critical habitats under the ESA, a determination
of the potential for endocrine disruption, and a pollinator risk
assessment.
    Imazapyr (Interim Decision). The registration review docket for
imazapyr opened in June 2014. Imazapyr is a non-selective systemic
herbicide registered for use as pre- and post-emergent treatments to
control broad spectrum terrestrial and aquatic weeds including
terrestrial annual and perennial grasses, broadleaf weeds, herbs, woody
species, and riparian and emergent aquatic weed species. EPA published
draft human health and ecological risk assessments at the time of the
docket opening for a 60-day public comment period. In this imazapyr
interim decision, the Agency has determined that no additional data are
required and no changes to the affected registrations or their labeling
are needed at this time. In this interim registration review decision,
EPA is making no human health or environmental safety findings
associated with the EDSP screening of imazapyr, nor is it making an
endangered species finding. EPA's registration review decision for
imazapyr will depend upon the result of an EDSP FFDCA section 408(p)
determination, complete pollinator determination, and ESA
determination.
    Isoxaben (Interim Decision). Isoxaben is a pre-emergent benzamide
herbicide registered for use to control broadleaf weeds. It is
classified as a Group 21 herbicide that inhibits cell wall
biosynthesis. It is registered for non-agricultural uses such as turf
grass, ornamentals, and landscape mulch. It is also registered for
agricultural use on bearing fruit and nut trees and vineyards. There
are no human health risk concerns for isoxaben. However, there are
potential ecological risks to aquatic and terrestrial plants and
potential chronic risk to mammals. In this interim registration review
decision for isoxaben, EPA has determined that no additional data are
required at this time and that certain risk reduction measures are
necessary, including uniform spray drift management and herbicide
resistance management label language. The final registration review
decision for isoxaben is dependent upon an assessment of listed species
and designated critical habitats under the ESA, a determination of the
potential for endocrine disruption, and a pollinator risk assessment.
    Paclobutrazol (Interim Decision). Paclobutrazol is a systemic PGR
that slows vegetative growth by inhibiting cell elongation.
Paclobutrazol is currently registered for use on turf grass (including
in parks, athletic fields, golf courses, and rights-of-ways), on
ornamentals, as a tree injection, as a soil injection/basal tree
drench, and as a seed treatment for various vegetables. There are no
registered residential uses of paclobutrazol. EPA conducted a risk
assessment for both human health and ecological risk. No human health
risks were identified. The ecological risk assessment indicated
potential risks to birds, reptiles, and terrestrial-phase amphibians,
mammals, terrestrial and aquatic plants, and other aquatic organisms.
In the paclobutrazol interim decision, the Agency has determined that
certain additional data are required and certain changes to product
labeling to address risk from runoff are needed at this time. EPA is
making no human health or environmental safety findings associated with
the EDSP screening of paclobutrazol, nor is it making an endangered
species finding. EPA's registration review decision for paclobutrazol
will depend upon the result of an EDSP FFDCA section 408(p)
determination, complete pollinator determination, and ESA
determination.
    The silicates (silica gel and silicon dioxide) (Interim Decision).
Silica gel and silicon dioxide are commonly referred to as the
silicates, silica silicates or diatomaceous earth (DE) and are found in
most soils. Silica gel and silicon dioxide are registered for use as
insecticides on a variety of indoor and outdoor areas including crop
and residential use sites to treat pests (including ants, boxelder
bugs, cockroaches, crickets, slugs, flies, fleas, millipedes, silver-
fish, sowbugs and ticks). EPA conducted an ecological risk assessment,
including an endangered species assessment. EPA reached a ``no effect''
determination for all listed species, excluding 57 listed terrestrial
invertebrate species, for which a ``not likely to adversely affect''
determination was made. EPA also concluded that there would be no
modification of designated critical habitat. EPA engaged in informal
consultation with the U.S. Fish and Wildlife Service (FWS) seeking
concurrence on the ``not likely to adversely affect'' findings. FWS
concurred with EPA's ``not likely to adversely affect'' determination,
thus completing consultation. No human health risk assessment was
conducted for silica gel and silicon dioxide because no toxicological
endpoints were identified to conduct a human health risk assessment. No
risk mitigation measures for human health or ecological effects are
included in the silica gel and silicon dioxide registration review
interim decision. This interim decision does not include the EDSP
component of this registration review case. The Agency's final
registration review decision will depend upon the result of an EDSP
FFDCA section 408(p) determination.
    Sulfentrazone (Interim Decision). Sulfentrazone is a broad
spectrum, pre-emergence, soil-directed proto porphyrinogen herbicide
used to control a variety of weeds. It is registered for use on field
crops, specialty vegetable crops, fruit trees, ornamentals, and turf
grass. EPA completed quantitative human health and ecological risk
assessments for sulfentrazone in 2014, and amended the ecological risk
assessment in 2015. The Agency has risk concerns for pesticide handlers
that can be adequately mitigated by requiring use of chemical-resistant
gloves. In addition, there are potential risk concerns for terrestrial
plants. In this interim registration review decision for sulfentrazone,
EPA has determined that no additional data are required at this time
and that certain risk reduction measures are necessary. These measures
include uniform spray drift management language on sulfentrazone labels
for products applied by spraying and herbicide resistance management
language on all product labels. The Agency's final registration review
decision is dependent upon an assessment of listed species and
designated critical habitats under the ESA, a determination of the
potential for endocrine disruption, and a pollinator risk assessment.
    Tributyltin oxide (Interim Decision). There are four EPA
registrations for tributyltin oxide for rubber coatings on the sonar
domes of nuclear submarines and for oceanographic conductivity sensors.
Based on the lack of potential for dietary exposure and no residential
uses, the Agency did not conduct a human health risk assessment.
Exposure to aquatic organisms would occur only from the small amount of
tributyltin oxide potentially leaching from sonar domes, and the Agency
believes that risks to non-target, non-listed species are minimal.
Tributyltin oxide use as an antifoulant on sonar domes is undergoing
ESA consultation with the Department of Defense, EPA, and the Services
for compounds covered under EPA's Uniform National Discharge Standards.
No EDSP determination has been made at this time. Except for the EDSP
component of the tributyltin oxide registration review case, the Agency
is not requiring additional data and is not proposing any risk
reduction measures for this case. The final decision on the
registration review for tributyltin oxide will occur after the ESA
consultation and the EDSP FFDCA

section 408(p) determination have been made.
    Pursuant to 40 CFR 155.57, a registration review decision is the
Agency's determination whether a pesticide meets, or does not meet, the
standard for registration in FIFRA. EPA has considered the pesticides
listed in light of the FIFRA standard for registration. The interim
decision documents in the docket describe the Agency's rationale for
issuing registration review interim decisions for these pesticides.
    In addition to the interim registration review decision document,
the registration review docket for these pesticides also includes other
relevant documents related to the registration review of these cases.
The proposed interim registration review decisions were posted to the
docket and the public was invited to submit any comments or new
information. EPA has addressed the substantive comments or information
received during the 60-day comment period in the interim decision
document for each pesticide listed in this document.
    Pursuant to 40 CFR 155.58(c), the registration review case docket
for each pesticide discussed in this notice will remain open until all
actions required in the interim decision have been completed.
    Background on the registration review program is provided at:
http://www2.epa.gov/pesticide-reevaluation. Links to earlier documents
related to the registration review of this pesticide are provided in
the Pesticide Chemical Search data base accessible at: http://iaspub.epa.gov/apex/pesticides/f?p=chemicalsearch.

    Authority: 7 U.S.C. 136 et seq.

    Dated: December 23, 2015.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-Evaluation Division, Office of Pesticide
Programs.
[FR Doc. 2015-33300 Filed 1-5-16; 8:45 am]
BILLING CODE 6560-50-P


[Federal Register: December 7, 2007 (Volume 72, Number 235)]
[Rules and Regulations]
[Page 69150-69158]
[DOCID:fr07de07-8]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 180

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

Pesticide Tolerance Crop Grouping Program

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

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

ADDRESSES: EPA has established a docket for this action under docket
identification (ID) number EPA-HQ-OPP-2007-0766. To access the
electronic docket, go to http://www.regulations.gov, select ``Advanced

Search,'' then ``Docket Search.'' Insert the docket ID number where
indicated and select the ``Submit'' button. Follow the instructions on
the regulations.gov website to view the docket index or access
available documents. All documents in the docket are listed in the
docket index available in regulations.gov. Although listed in the
index, some information is not publicly available, e.g., Confidential
Business Information (CBI) or other information whose disclosure is
restricted by statute. Certain other material, such as copyrighted
material, is not placed on the Internet and will be publicly available
only in hard copy form. Publicly available docket materials are
available either in the electronic docket at http://www.regulations.gov
, or, if only available in hard copy, at the Office

of Pesticide Programs (OPP) Regulatory Public Docket in Rm. S-4400, One
Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The
hours of operation of this Docket Facility are from 8:30 a.m. to 4
p.m., Monday through Friday, excluding legal holidays. The Docket
Facility telephone number is<PHONE_NUMBER>.

FOR FURTHER INFORMATION CONTACT: Rame Cromwell, Office of Pesticide
Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460-0001; telephone number:<PHONE_NUMBER>; fax number:
703-305-5884; e-mail address<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

I. Does this Action Apply to Me?

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

II. Overview of this Document

A. What Action is the Agency Taking?

    This final rule, under the provisions of section 408 of the Federal
Food, Drug, and Cosmetic Act (FFDCA), amends

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

B. What is the Agency's Authority for this Action?

    EPA is authorized to establish tolerances for pesticide chemical
residues in food under FFDCA section 408. EPA establishes tolerances
for each pesticide based on the potential risks to human health posed
by that pesticide. A tolerance is the maximum permissible residue level
established for a pesticide in raw agricultural produce and processed
foods. The crop group regulations currently in 40 CFR 180.40 and 180.41
enable the establishment of tolerances for a group of crops based on
residue data for certain crops that are representative of the group.
Crop group regulations are promulgated under section 408(e)(1)(C) which
authorizes EPA to establish ``general procedures and requirements to
implement [section 408].'' 21 U.S.C. 346 a(e)(1)(C).

III. The Proposed Rule

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

IV. The Final Rule

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

V. Response to Comments

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

A. General Procedures for Amending Pre-existing Crop Groups

    EPA is adopting provisions of the proposed rule without changes.
    The final rule specifies that, when a crop group is amended in a
manner that expands or contracts its coverage of commodities, EPA will
(1) retain the pre-existing crop group in 40 CFR 180.41; (2) insert the
revised crop group immediately after the pre-existing group in the Code
of Federal Regulations (CFR); and (3) title the revised crop group in a
way that clearly differentiates it from the pre-existing crop group.
The revised crop group will retain roughly the same name and number as
the pre-existing group except that the number will be followed by a
hyphen and the final 2 digits of the year it is established.
    Over time, EPA expects that tolerances for pre-existing crop groups
would be upgraded and would eventually be converted to tolerances for
the more recent crop groups. (See Unit VI.) The adoption of a
standardized format for titling amended crop groups is specifically
designed to create a clear distinction between pre-existing and amended
crop groups. These procedures are necessary because when EPA expands an
existing crop group it is difficult to simultaneously amend the dozens
of pesticide tolerances for that crop group already in force.
    One commenter objected to this new scheme claiming it may result in
confusion for growers and difficulties in harmonizing U.S. tolerances
with international maximum residue levels for pesticides. The commenter
suggested that if the change in the crop group is significant, a
distinctive new name should be given the new crop group, but if the
change involves adding only minor crops and no alteration of the
representative commodities then ``no change in tolerance expression
should be necessary when requesting label amendments adding the new
minor crops.''
    EPA understands that modifying existing crop groups could lead to
confusion. For this reason it is adopting transparent procedures for
how such modification will be published in the CFR and the titling
procedure that will be used. Along these lines, an outreach effort to
inform registrants, agriculture professionals, trade partners and
others will be undertaken in support of these changes. EPA agrees with
the commenter that if a crop group is changed in significant ways, a
new descriptive name is appropriate. EPA has done just that with the
berries crop group, changing the name to the berry and small fruit
group to reflect the significant crops added to the group.
    However, EPA disagrees with the assertion that no new crop group
(and crop group name) is needed when only minor crops are added and the
representative commodities remain the same. Unless EPA creates a new
crop group when it expands the coverage of an existing group by adding
new commodities, EPA will be expanding the scope of all then-current
existing

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

B. Crop Group 3-07: Bulb Vegetable Group

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

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

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

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

D. New Crop Group 21: Edible Fungi Group

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

E. Technical Corrections

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

F. Other Comments

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

VI. Implementation

    After the effective date, when a crop group is amended in a manner
that expands or contracts its coverage of commodities, EPA will (1)
retain the pre-existing crop group in Sec.  180.41; (2) insert the
revised crop group immediately after the pre-existing crop group in the
CFR; (3) title the revised crop group in a way that clearly
differentiates it from the pre-existing crop group.
    The revised crop group will retain roughly the same name and number
as the pre-existing group except the number will be followed by a
hyphen and the final digits of the year established. (e.g., Crop Group
3-07)
    EPA will initially retain pre-existing crop groups that have been
superseded by revised crop groups. EPA will not establish new
tolerances under the pre-existing groups. Further, EPA plans to
eventually convert tolerances for any pre-existing crop group to
tolerances with coverage of the revised crop group.

This conversion will be effected both through the registration review
process and in the course of preparing new risk assessments for a
pesticide. EPA requests that petitioners for tolerances address this
issue in their petitions.
    For existing petitions for which a Notice of Filing has been
published, the Agency will attempt to conform these petitions to this
rule.

VII. Statutory and Executive Order Reviews

A. Executive Order 12866

    Under Executive Order 12866, entitled Regulatory Planning and
Review (58 FR 51735, October 4, 1993), the Office of Management and
Budget (OMB) has designated this final rule as a not-significant
regulatory action under section 3(f) of the Executive Order.
    EPA prepared an analysis of the potential costs and benefits
associated with this action. This analysis is contained in ``Economic
Analysis Final Expansion of Crop Grouping Program.'' A copy of the
analysis is available in the docket and is briefly summarized here.
    This is a burden-reducing regulation. Crop grouping has saved money
by permitting the results of pesticide exposure studies for one crop to
be applied to other, similar crops. The regulation exploits this
opportunity for saving money by expanding certain crop groups and
creating a new crop group for edible fungi.
    The primary beneficiaries of the regulation are minor crop
producers and consumers. Specialty crop producers will benefit because
lower regulatory costs will encourage more products to be registered on
minor crops, providing additional tools for pest control. Consumers
will benefit by having a larger supply of imported and domestically
produced specialty produce at potentially lower costs. Secondary
beneficiaries are pesticide registrants, who benefit because expanded
markets for pesticide products will lead to increased sales. The IR-4
Project and EPA, which are publicly funded Federal government entities,
will also more efficiently use resources as a result of the rule. EPA
will also benefit from broader operational efficiency gains, which
result from fewer emergency pesticide use requests from specialty crop
growers, the ability to conduct risk assessments based on crop
grouping, greater ease of establishing import tolerances, greater
capacity to assess risks of pesticides used on crops not grown in the
US, further harmonization of crop classification and nomenclature,
harmonized commodity import and export standards, and increased
potential for resource sharing between EPA and other pesticide
regulatory agencies. Revisions to the crop grouping program will result
in no appreciable costs or negative impacts to consumers, specialty
crop producers, pesticide registrants, the environment or human health.
    No comments were received on the costs or burdens described in the
Economic Analysis for the proposed rule.

B. Paperwork Reduction Act

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

C. Regulatory Flexibility Act

    Pursuant to section 605(b) of the Regulatory Flexibility Act (RFA),
5 U.S.C. 601 et seq., the Agency hereby certifies that this rule will
not have a significant adverse economic impact on a substantial number
of small entities. This rule does not have any direct adverse impacts
on small businesses, small non-profit organizations, or small local
governments.
    For purposes of assessing the impacts of today's rule on small
entities, small entity is defined as: (1) a small business according to
the small business size standards established by the Small Business
Administration (SBA); (2) a small governmental jurisdiction that is a
government of a city, county, town, school district or special district
with a population of less than 50,000; and (3) a small organization
that is any not-for-profit enterprise which is independently owned and
operated and is not dominant in its field.
    In determining whether a rule has a significant economic impact on
a substantial number of small entities, the impact of concern is any
significant adverse economic impact on small entities, since the
primary purpose of the regulatory flexibility analyses is to identify
and address regulatory alternatives ``which minimize any significant
economic impact of the final rule on small entities'' (5 U.S.C.
sections 603 and 604). Thus, an agency may certify that a rule will not
have a significant economic impact on a substantial number of small
entities if the rule relieves regulatory burden, or otherwise has
positive economic effects on all of the small entities subject to the
rule.
    This rule provides regulatory relief and regulatory flexibility
because the new or expanded crop groups ease the process for pesticide
manufacturers to obtain pesticide tolerances on greater numbers of
crops and make it likely that pesticides will be more widely available
to growers for use on crops, particularly specialty crops.

D. Unfunded Mandates Reform Act

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

E. Executive Order 13132

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

F. Executive Order 13175

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

G. Executive Order 13045

    Executive Order 13045, entitled Protection of Children from
Environmental Health Risks and Safety Risks (62 FR 19885, April 23,
1997) does not apply to this rule because this action is not designated
as an economically significant regulatory action as defined

by Executive Order 12866 (see Unit IV.A.), nor does it establish an
environmental standard, or otherwise have a disproportionate effect on
children.

H. Executive Order 13211

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

I. National Technology Transfer and Advancement Act

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

J. Executive Order 12898

    Under Executive Order 12898, entitled Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations (59 FR 7629, February 16, 1994), the Agency has not
considered environmental justice-related issues because this rule does
not have an adverse impact on the environmental and health conditions
in low-income and minority communities.
    The Agency hereby certifies that this rule will not have
significant negative economic impact on a substantial number of small
entities.

VIII. Congressional Review Act

    The Congressional Review Act, 5 U.S.C. 801 et seq., generally
provides that before a rule may take effect, the Agency promulgating
the rule must submit a rule report to each House of the Congress and
the Comptroller General of the United States. EPA will submit a report
containing this rule and other required information to the U.S. Senate,
the U.S. House of Representatives, and the Comptroller General of the
United States prior to publication of the rule in the Federal Register.
This rule is not a ``major rule'' as defined by 5 U.S.C. 804(2).

List of Subjects in 40 CFR Part 180

    Environmental protection, Administrative practice and procedures,
pesticides and pests.

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

0
Therefore, 40 CFR chapter I is amended as follows:

PART 180--[AMENDED]

0
1. The authority citation for part 180 continues to read as follows:

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

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

Sec.  180.1  Definitions and interpretations.

* * * * *
    (g) * * *

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

* * * * *

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

Sec.  180.40  Tolerances for crop groups.

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

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

Sec.  180.41  [Amended]

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

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

Sec.  180.41  Crop group tables.

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

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

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

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

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

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

* * * * *

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

Sec.  180.41  Crop group tables.

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

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

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

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

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

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

[FR Doc. E7-23659 Filed 12-6-07; 8:45 am]

BILLING CODE 6560-50-S


[Federal Register Volume 78, Number 82 (Monday, April 29, 2013)]
[Notices]
[Pages 25129-25130]
[FR Doc No: 2013-10026]

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SECURITIES AND EXCHANGE COMMISSION

[Release No. 34-69434; File No. SR-FICC-2013-03]

Self-Regulatory Organizations; Fixed Income Clearing Corporation;
Notice of Filing of Proposed Rule Change To Amend Mortgage-Backed
Securities Division Rules Relating to Allocation of an Indemnity Claim
Made in Connection With the Use of the Federal Reserve's National
Settlement Service

April 23, 2013.
    Pursuant to Section 19(b)(1) of the Securities Exchange Act of 1934
(``Act'') \1\ and Rule 19b-4 thereunder,\2\ notice is hereby given that
on April 15, 2013, the Fixed Income Clearing Corporation (``FICC'')
filed with the Securities and Exchange Commission (``Commission'') the
proposed rule change as described in Items I, II, and III below, which
Items have been prepared by FICC. The Commission is publishing this
notice to solicit comments on the proposed rule change from interested
persons.
---------------------------------------------------------------------------

    \1\ 15 U.S.C. 78s(b)(1).
    \2\ 17 CFR 240.19b-4.
---------------------------------------------------------------------------

I. Self-Regulatory Organization's Statement of the Terms of Substance
of the Proposed Rule Change

    The purpose of the proposed rule change is to correct Rule 11,
Section 5(o), of FICC's Mortgage-Backed Securities Division (``MBSD'')
Clearing Rules in order to accurately reflect the manner in which FICC
should allocate an indemnity claim made in connection with the use of
the Board of Governors of the Federal Reserve System's (``FRB'') \3\
National Settlement Service (``NSS'').\4\
---------------------------------------------------------------------------

    \3\ The acronym ``FRB'' is a defined in MBSD's Clearing Rule 1
(Definitions) as the Board of Governors of the Federal Reserve
System and each Federal Reserve Bank, as appropriate.
    \4\ The text of the proposed rule change is provided as Exhibit
5 to this filing and is available at www.dtcc.com/downloads/legal/rule_filings/2013/ficc/SR_FICC_2013_03.pdf.
---------------------------------------------------------------------------

 II. Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    In its filing with the Commission, FICC included statements
concerning the purpose of and basis for the proposed rule change and
discussed any comments it received on the proposed rule change. The
text of these statements may be examined at the places specified in
Item IV below. FICC has prepared summaries, set forth in section (A),
(B) and (C) below, of the most significant aspects of such
statements.\5\
---------------------------------------------------------------------------

    \5\ The Commission has modified the text of the summaries
prepared by FICC.
---------------------------------------------------------------------------

(A) Self-Regulatory Organization's Statement of the Purpose of, and
Statutory Basis for, the Proposed Rule Change

    FICC's Government Securities Division (``GSD'') and MBSD each use
the FRB's NSS for Funds-Only Settlement \6\ and Cash Settlement \7\
purposes, respectively. GSD's Rule 13 and MBSD's Rule 11 address the
situation where the FRB makes an indemnity claim in connection with the
use of the NSS service by FICC. Pursuant to the GSD and MBSD rules, if
FICC receives an FRB indemnity claim, FICC will apportion the entire
liability to the GSD netting members or MBSD clearing members, as
applicable, for whom the settling bank was acting at the time.\8\ If
such amounts are not sufficient to fully satisfy the FRB indemnity
claim, each of the GSD and MBSD rules currently provide different
directives as to how FICC should handle the remaining loss. The GSD
rules state that FICC will treat the remaining loss as an ``Other
Loss,'' as defined in GSD Rule 4, and allocate accordingly.\9\ In
contrast, MBSD Rule 11, Section 5(o), states that FICC will allocate
the remaining loss among all MBSD clearing members in proportion to
their relative use of the MBSD services (based on fees).
---------------------------------------------------------------------------

    \6\ ``Fund-Only Settlement Amount'' is defined under Rule 1 of
GSD's Rulebook as the net dollar amount of a netting member's
obligation, calculated pursuant to GSD's Rule 13, either to make a
funds-only payment to GSD or to receive a funds-only payment from
GSD. See GSD Rule 13 for the rules related to funds-only settlement.
    \7\ ``Cash Settlement'' is defined under Rule 1 of MBSD's
Clearing Rules as the payment each business day by MBSD to a member
or by a member to MBSD. See MBSD Rule 11 for the rules related to
cash settlement.
    \8\ See GSD's Rule 13 Section 5(o) and MBSD Rule 11, Section
5(o).
    \9\ Rule 4(f) of GSD's Rulebook.
---------------------------------------------------------------------------

    The purpose of the proposed rule change is to correct MBSD's Rule
11 in order to accurately reflect the correct manner in which FICC
should allocate an indemnity claim made in connection with the use of
the FRB's NSS. The MBSD provision in Rule 11 was drafted prior to the
MBSD becoming a central counterparty and adopting a loss mutualization
process similar to the GSD process. When FICC filed its rule change to
provide guaranteed settlement and central counterparty services,\10\
which among other things established the loss mutualization process,
the MBSD NSS indemnity provision requiring the current loss allocation
process was inadvertently overlooked and therefore not updated during
FICC's efforts to harmonize the GSD and MBSD rules. Accordingly, the
rule change proposes to correct this oversight by revising MBSD Rule
11, Section 5(o), to reflect that all remaining losses from a FRB
indemnity claim should be treated as an ``Other Loss'' as defined in
MBSD Rule 4 and allocated accordingly.
---------------------------------------------------------------------------

    \10\ Exchange Act Release No. 66550 (March 9, 2012), 77 FR 15155
(March 14, 2012) [File No. SR-FICC-2008-01] (order approving amended
proposed rule change to allow MBSD to provide guaranteed settlement
and central counterparty services).
---------------------------------------------------------------------------

    FICC believes the proposed rule change is consistent with Section
17A of the Act and the rules and regulations thereunder because it
would facilitate the prompt and accurate clearance and settlement of
securities transactions by correcting MBSD's rules to accurately
reflect the loss allocation procedures in

connection with NSS and to ensure that there is consistent treatments
of such losses between the MBSD and GSD rules.

(B) Self-Regulatory Organization's Statement on Burden on Competition

    FICC does not believe that the proposed rule change will have any
impact or impose any burden on competition.

(C) Self-Regulatory Organization's Statement on Comments on the
Proposed Rule Change Received From Members, Participants or Others

    Written comments relating to the proposed rule changes have not
been solicited or received. FICC will notify the Commission of any
written comments received by FICC.

III. Date of Effectiveness of the Proposed Rule Change and Timing for
Commission Action

    Within 45 days of the date of publication of this notice in the
Federal Register or within such longer period up to 90 days (i) as the
Commission may designate if it finds such longer period to be
appropriate and publishes its reasons for so finding or (ii) as to
which the self-regulatory organization consents, the Commission will:
    (A) By order approve or disapprove the proposed rule change, or
    (B) institute proceedings to determine whether the proposed rule
change should be disapproved.

IV. Solicitation of Comments

    Interested persons are invited to submit written data, views and
arguments concerning the foregoing, including whether the proposed rule
change is consistent with the Act. Comments may be submitted by any of
the following methods:

Electronic Comments

     Use the Commission's Internet comment form (http://www.sec.gov/rules/sro.shtml); or
     Send an email to<EMAIL_ADDRESS>Please include
file Number SR-FICC-2013-03 on the subject line.

Paper Comments

     Send paper comments in triplicate to Elizabeth M. Murphy,
Secretary, Securities and Exchange Commission, 100 F Street NE.,
Washington, DC 20549-1090.
    All submissions should refer to File Number SR-FICC-2013-03. This
file number should be included on the subject line if email is used. To
help the Commission process and review your comments more efficiently,
please use only one method. The Commission will post all comments on
the Commission's Internet Web site (http://www.sec.gov/rules/sro.shtml). Copies of the submission, all subsequent amendments, all
written statements with respect to the proposed rule change that are
filed with Commission, and all written communications relating to the
proposed rule change between the Commission and any person, other than
those that may be withheld from the public in accordance with the
provisions of 5 U.S.C. 552, will be available for Web site viewing and
printing in the Commission's Public Reference Section, 100 F Street
NE., Washington, DC 20549, on official business days between the hours
of 10:00 a.m. and 3:00 p.m. Copies of such filing will also be
available for inspection and copying at the principal office of FICC
and on FICC's Web site at http://www.dtcc.com/downloads/legal/rule_filings/2013/ficc/SR_FICC_2013_03.pdf. All comments received will be
posted without change; the Commission does not edit personal
identifying information from submissions. You should submit only
information that you wish to make available publicly. All submissions
should refer to File Number SR-FICC-2013-03 and should be submitted on
or before May 20, 2013.

    For the Commission by the Division of Trading and Markets,
pursuant to delegated authority.\11\
---------------------------------------------------------------------------

    \11\ 17 CFR 200.30-3(a)(12).
---------------------------------------------------------------------------

Elizabeth M. Murphy,
Secretary.
[FR Doc. 2013-10026 Filed 4-26-13; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register: April 18, 2008 (Volume 73, Number 76)]
[Notices]
[Page 21148-21149]
[DOCID:fr18ap08-82]

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DEPARTMENT OF HOMELAND SECURITY

Federal Emergency Management Agency

[FEMA-1751-DR]

Arkansas; Amendment No. 2 to Notice of a Major Disaster
Declaration

AGENCY: Federal Emergency Management Agency, DHS.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: This notice amends the notice of a major disaster declaration
for the State of Arkansas (FEMA-1751-DR), dated March 26, 2008, and
related determinations.

EFFECTIVE DATE: April 9, 2008.

FOR FURTHER INFORMATION CONTACT: Peggy Miller, Disaster Assistance
Directorate, Federal Emergency Management Agency, 500 C Street, SW.,
Washington, DC 20472,<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION: The notice of a major disaster declaration
for the State of Arkansas is hereby amended to include the following
areas among those areas determined to have been adversely affected by
the catastrophe declared a major disaster by the President in his
declaration of March 26, 2008.

    Monroe and Prairie Counties for Individual Assistance.
    Pope and Sharp Counties for Individual Assistance (already
designated for emergency protective measures [Category B], limited
to direct Federal assistance, under the Public Assistance program.)
    Scott County for Individual Assistance (already designated for
Public Assistance, including direct Federal assistance.)
    Clay, Conway, Crawford, Franklin, Howard, Newton, Pope, Sharp,
and Van Buren Counties for Public Assistance (already designated for
emergency protective measures [Category B], limited to direct
Federal assistance, under the Public Assistance program.)
    Independence, Jackson, Lawrence, Logan, Marion, Randolph, Stone,
and Woodruff Counties for Public Assistance (already designated for
Individual Assistance and emergency protective measures [Category
B], limited to direct Federal assistance, under the Public
Assistance program.)
    Monroe and Perry Counties for Public Assistance.

(The following Catalog of Federal Domestic Assistance Numbers (CFDA)
are to be used for reporting and drawing funds: 97.030, Community
Disaster Loans; 97.031, Cora

Brown Fund; 97.032, Crisis Counseling; 97.033, Disaster Legal
Services; 97.034, Disaster Unemployment Assistance (DUA); 97.046,
Fire Management Assistance Grant; 97.048, Disaster Housing
Assistance to Individuals and Households In Presidential Declared
Disaster Areas; 97.049, Presidential Declared Disaster Assistance--
Disaster Housing Operations for Individuals and Households; 97.050
Presidential Declared Disaster Assistance to Individuals and
Households--Other Needs; 97.036, Disaster Grants--Public Assistance
(Presidentially Declared Disasters); 97.039, Hazard Mitigation
Grant.)

R. David Paulison,
Administrator, Federal Emergency Management Agency.
[FR Doc. E8-8454 Filed 4-17-08; 8:45 am]

BILLING CODE 9110-10-P