Rule2022-19022
Pesticides; Expansion of Crop Grouping Program VI
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
September 21, 2022
Effective
November 21, 2022
Issuing agencies
Environmental Protection Agency
Abstract
The Environmental Protection Agency (EPA) is finalizing revisions to its pesticide tolerance crop grouping regulations, which allow the establishment of tolerances for multiple related crops based on data from a representative set of crops. EPA is finalizing amendments to Crop Group 6: Legume Vegetables; Crop Group 7: Foliage of Legume Vegetables; Crop Group 15: Cereal Grains; and Crop Group 16: Forage, Fodder and Straw of Cereal Grains. EPA is also finalizing amendments to the associated commodity definitions. This is the sixth in a series of planned crop group updates expected to be prepared over the next several years.
Full Text
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[Federal Register Volume 87, Number 182 (Wednesday, September 21, 2022)]
[Rules and Regulations]
[Pages 57627-57637]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2022-19022]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2006-0766; FRL-5031-13-OCSPP]
RIN 2070-AJ28
Pesticides; Expansion of Crop Grouping Program VI
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The Environmental Protection Agency (EPA) is finalizing
revisions to its pesticide tolerance crop grouping regulations, which
allow the establishment of tolerances for multiple related crops based
on data from a representative set of crops. EPA is finalizing
amendments to Crop Group 6: Legume Vegetables; Crop Group 7: Foliage of
Legume Vegetables; Crop Group 15: Cereal Grains; and Crop Group 16:
Forage, Fodder and Straw of Cereal Grains. EPA is also finalizing
amendments to the associated commodity definitions. This is the sixth
in a series of planned crop group updates expected to be prepared over
the next several years.
DATES: This final rule is effective on November 21, 2022.
ADDRESSES: The EPA has established a docket for this action under
docket identification (ID) number EPA-HQ-OPP-2006-0766. All documents
in the docket are listed on the <a href="https://www.regulations.gov">https://www.regulations.gov</a> website.
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 electronically through <a href="https://www.regulations.gov">https://www.regulations.gov</a>. For the
latest status information on EPA/DC services and docket access, visit
<a href="https://www.epa.gov/dockets">https://www.epa.gov/dockets</a>.
FOR FURTHER INFORMATION CONTACT: Sara Kemme, Mission Support Division
(7101M), Office of Program Support, Environmental Protection Agency,
1200 Pennsylvania Ave. NW, Washington, DC 20460-0001; telephone number:
(202) 566-1217; email address: <a href="/cdn-cgi/l/email-protection#214a444c4c440f52405340614451400f464e57"><span class="__cf_email__" data-cfemail="b0dbd5ddddd59ec3d1c2d1f0d5c0d19ed7dfc6">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Executive Summary
A. Does this action apply to me?
You may be potentially affected by this action if you are an
agricultural
[[Page 57628]]
producer, pesticide manufacturer, or food manufacturer. The following
list of North American Industrial Classification System (NAICS) codes
is not intended to be exhaustive, but rather provides a guide to help
readers determine whether this document applies to them. Potentially
affected entities may include:
<bullet> Crop production (NAICS code 111).
<bullet> Animal production (NAICS code 112).
<bullet> Food manufacturing (NAICS code 311).
<bullet> Pesticide manufacturing (NAICS code 32532).
B. What is the Agency's authority for taking this action?
The EPA is promulgating this rulemaking to amend the existing crop
grouping regulations under section 408(e)(1)(C) of the Federal Food,
Drug, and Cosmetic Act (FFDCA), which authorizes EPA to establish
``general procedures and requirements to implement [section 408].'' 21
U.S.C. 346a(e)(1)(C). Under FFDCA section 408, EPA is authorized to
establish tolerances for pesticide chemical residues in food. EPA
establishes tolerances for each pesticide based on data on the
pesticide residues and the potential risks to human health posed by
that pesticide. A tolerance is the maximum permissible residue level
established for a pesticide in raw agricultural commodities and
processed foods. The crop group regulations currently in 40 CFR 180.40
and 180.41 enable the establishment of tolerances for a group of crops
based on residue data for certain crops that are representative of the
group.
C. What action is the Agency taking?
This final rule is the sixth in an ongoing series of crop group
updates, including an additional update expected to be promulgated in
the next several years. EPA is finalizing revisions to EPA's
regulations governing crop group tolerances for pesticides.
Specifically, this rule is finalizing revisions to Crop Group 6: Legume
Vegetables (Succulent or Dried) Group; Crop Group 7: Foliage of Legume
Vegetables Group; Crop Group 15: Cereal Grains Group; and Crop Group
16: Forage, Fodder, and Straw of Cereal Grains Group. The changes
include changes to the terminology in the names of Crop Groups 6, 7,
15, and 16, the addition of commodities, and changes that advance
international harmonization. In addition, the final changes include
revisions to the subgroups for Crop Group 6 and the addition of
subgroups for Crop Group 15. EPA is also finalizing additions and
revisions to associated commodity definitions at 40 CFR 180.1(g). Unit
III. of the proposed rule includes a detailed description of the
provisions that EPA proposed and which the Agency is now finalizing (87
FR 1091, January 10, 2022 (FRL-5032-12-OSCPP)). The changes made in
response to public comments are described in greater detail in Unit
III. of this final rule.
D. Why is the Agency taking this action?
EPA sets tolerances, which are the maximum amount of a pesticide
allowed to remain in or on a food, as part of the process of regulating
pesticides that may leave residues in food. Crop groups are established
when residue data for certain representative crops are used to
establish pesticide tolerances for a group of crops that are
botanically or taxonomically related. Representative crops of a crop
group or subgroup are those crops whose residue data can be used to
establish a tolerance for the entire group or subgroup.
With the establishment of crop groups such as the ones being
revised in this final rule, EPA seeks to:
<bullet> Enhance our ability to conduct food safety evaluations on
crops for tolerance-setting purposes;
<bullet> Promote global harmonization of food safety standards;
<bullet> Reduce regulatory burden; and
<bullet> Ensure food safety for agricultural goods.
E. What are the estimated incremental economic impacts of this action?
This is a burden-reducing regulation because crop grouping allows
the results of pesticide residue studies for some crops, called
representative crops, to be applied to other, similar crops in the
group. EPA prepared an Economic Analysis for this rulemaking (Ref. 1),
a copy of which is in the docket for this rule and is summarized here.
1. Costs. The Agency anticipates that the revisions to the crop
grouping program finalized in this rulemaking will result in no
appreciable costs or negative impacts to consumers, specialty crop
producers, pesticide registrants, the environment, or human health. In
particular, specialty crop producers may gain access to pesticides that
are registered on the crop group that would not have been available
when the crop was not part of the group. Although this rule may make it
possible to get a pesticide tolerance on a larger number of crops
within a group, it will not necessarily increase the amount of
pesticides released into the environment and will expand the choice of
pesticides for crop producers, which may result in the use of less
risky pesticides.
2. Benefits. This final rule will promote greater use of crop
groupings for tolerance-setting purposes, both domestically and in
countries that export food to the U.S. and is anticipated to benefit
pesticide registrants, minor crop growers, and the Agency. While the
Agency has not attempted to quantify the benefits at the final rule
stage, the qualitative Economic Analysis finds that legume vegetable
growers, cereal grain growers, and pesticide registrants are
anticipated to be the biggest beneficiaries of this rulemaking. EPA
estimates the average cost savings resulting from an avoided residue
field trial per crop commodity to be $101,700. Growers, particularly
minor crop growers, will benefit from this rule through the
availability of more registered pesticide products for small scale
commodities, and registrants will benefit as expanded markets for
pesticide products will lead to increased sales.
II. Background
A. Tolerance-Setting Requirements and Petitions From the Interregional
Research Project Number 4 (IR-4) To Expand the Existing Crop Grouping
System
As discussed in greater detail in Unit II. of the proposed rule (87
FR 1091, January 10, 2022 (FRL-5032-12-OSCPP)), EPA is authorized to
establish tolerances under FFDCA section 408 (21 U.S.C. 346a). EPA
establishes pesticide tolerances only after determining that they are
safe, i.e., that there is a reasonable certainty that no harm will
result from aggregate exposure to the pesticide. The U.S. Food and Drug
Administration (FDA) and the U.S. Department of Agriculture (USDA)
enforce compliance with tolerance limits.
Traditionally, tolerances are established for a specific pesticide
and commodity combination. However, under EPA's crop grouping
regulations (40 CFR 180.40 and 180.41), a single tolerance may be
established that applies to a group of related commodities. For
example, with these revisions, Crop Group 15-22: Cereal Grain Group
will include 60 commodities. Crop group tolerances may be established
based on residue data from designated representative commodities within
the group. Representative commodities are selected based on EPA's
determination that they are likely to bear the maximum level of residue
that could occur on any crop within the group. The representative
[[Page 57629]]
commodities for Crop Group 15-22 are wheat, barley, field corn, sweet
corn, rice, and either grain sorghum or proso millet. Once a crop group
tolerance is established, the tolerance level applies to all
commodities within the group.
The changes identified in this action have been informed by
petitions developed by the International Crop Grouping Consulting
Committee (ICGCC) workgroup and submitted to EPA by a nation-wide
cooperative project, IR-4 (Refs. 2 and 3). The petitions and the
supporting monographs, as well as EPA's analyses of the petitions
(Refs. 4-11), are included in the docket for this action.
B. Regulatory Burden Reductions and Cost Savings Achieved Through the
Expansion of the Existing Crop Grouping System
In 2007, EPA prepared an Economic Analysis (EA) of the potential
costs and benefits associated with the first proposed rule issued in
this series of updates, entitled ``Economic Analysis Proposed Expansion
of Crop Grouping Program'' (Ref. 12). EPA considers the findings of the
2007 EA to apply to each subsequent crop group rulemaking, including
this final rule, due to the similarity in purpose and scope of each of
those rulemakings. As discussed in the 2007 EA, EPA has determined that
the crop grouping rulemakings are burden-reducing and cost-saving
regulations.
The primary beneficiaries are minor crop producers and pesticide
registrants. Minor crop producers benefit because lower registration
costs will encourage more products to be registered on minor crops,
providing additional tools (i.e., pesticides) for pest control.
Pesticide registrants are expected to benefit as expanded markets for
pesticide products will lead to increased sales. Additionally, the IR-
4, which is publicly funded, is also expected to benefit from this rule
as it will help IR-4 use its resources more efficiently in its efforts
to ensure that minor or specialty crop growers have access to legal,
registered uses of essential pest management tools such as pesticides
and biopesticides. The Agency is also expected to benefit from broader
operational efficiency gains.
C. Scheme for Organization of Revised and Pre-Existing Crop Groups
The generic crop group regulations include an explicit scheme for
how revised crop groups will be organized in the regulations. In brief,
the regulations at 40 CFR 180.40(j) specify that when a crop group is
amended in a manner that expands or contracts its coverage of
commodities, EPA will retain the pre-existing crop group in 40 CFR
180.41 and insert the new, related crop group immediately after the
pre-existing crop group in the CFR. Although EPA will initially retain
pre-existing crop groups that have been superseded by new crop groups,
40 CFR 180.40(j) states that EPA will not establish new tolerances
under the pre-existing groups and that, at appropriate times, EPA will
convert tolerances for pre-existing crop groups to tolerances with the
coverage of the new crop group. Conversions to revised crop groups are
mainly implemented through petitions submitted by IR-4 and registrants
and can also be made through the registration review process.
III. Response to Public Comments
This unit provides a summary of the public comments on the proposed
rule (87 FR 1091, January 10, 2022 (FRL-5032-12-OSCPP)), EPA's
responses to those comments, and any resulting revisions to the
regulatory text.
EPA received several comments that generally supported the proposed
regulations and the Crop Group Program. EPA also received comments on
general pesticide use, the overall need for continued regulation of
pesticides, organic labeling practices, the importance of biodiversity,
and on EPA's relationship to the farming community. One commenter noted
that the revised regulations will not necessarily increase the amount
of pesticides being used, but rather extend the options of pesticides
that can be used on specific crop groups. Another commenter expressed a
concern that the revised regulations would limit the pesticides that
farmers could use on their crops and thus become a burden.
EPA maintains that these crop group revisions will not result in a
decrease in available pesticide options. On the contrary, the Agency
anticipates that revisions to the crop groups will result in no
appreciable costs or negative impacts to consumers, specialty crop
producers, pesticide registrants, the environment, or human health. As
discussed in Unit I. of this final rule, specialty crop producers may
gain access to pesticides that are registered on the crop group that
would not have been available when a crop was not part of the group.
Crop groups, such as the ones being revised in this final rule, allow
EPA to enhance the Agency's ability to conduct food safety evaluations
on crops for tolerance-setting purposes, promote global harmonization
of food safety standards, reduce regulatory burden; and ensure food
safety for agricultural goods. Comments related to organic labeling,
use of specific pesticides, and promotion of biodiversity are outside
the scope of this final rule.
A. Comments on the Amendments to Crop Group 6: Legume Vegetable Group
and Crop Group 7: Forage and Hay of Legume Vegetables Group
EPA proposed to amend ``Crop Group 6: Legume Vegetables (Succulent
or Dried)'' to update the commodity listings in the group. EPA proposed
to name the new crop group ``Crop Group 6-22 Legume Vegetable Group.''
EPA also proposed to revise the subgroups to include 6 subgroups (the
original three subgroups divided into their respective bean and pea
subgroups):
<bullet> Crop Subgroup 6-22A, Edible podded bean subgroup;
<bullet> Crop Subgroup 6-22B, Edible podded pea subgroup;
<bullet> Crop Subgroup 6-22C, Succulent shelled bean subgroup;
<bullet> Crop Subgroup 6-22D, Succulent shelled pea subgroup;
<bullet> Crop Subgroup 6-22E, Dried shelled bean, except soybean,
subgroup; and
<bullet> Crop Subgroup 6-22F, Dried shelled pea subgroup.
To ensure commodities are clearly defined and specific to which
part of the plant the commodity covers, EPA proposed to modify and add
several definitions to 40 CFR 180.1(g) that are relevant to Crop Groups
6 and 7. In addition to revisions to the name of Crop Group 7-22 and
its subgroups, EPA proposed to change the description of the
commodities from ``Plant parts of any legume vegetable included in the
legume vegetables that will be used as animal feed'' to ``Plant parts
of any legume vegetable listed in crop group 6-22 that will be used as
animal feed.'' EPA also proposed several revisions to the crop
subgroups to parallel the changes that were proposed for the
commodities and representative commodities of Crop Group 6-22. A more
detailed description of the proposed changes to Crop Groups 6 and 7,
and the rationale behind those changes can be found in Unit III. of the
proposed rule (87 FR 1091, January 19, 2022 (FRL-5032-12-OSCPP)).
EPA received one comment on the specifics of the proposed changes
to Crop Group 6 and no comments on the specifics of the proposed
changes to Crop Group 7-22: Forage and Hay of Legume Vegetables Group.
EPA is finalizing the changes to Crop Group 7-22: Forage and Hay of
Legume Vegetables Group as proposed.
The commenter was strongly supportive of the revisions to these
crop groups but suggested some discrete
[[Page 57630]]
changes. The commenter notes that the varieties listed for dry peas do
not include yellow peas, wrinkled peas, or marrowfat peas. The
commenter suggests including yellow peas, wrinkled peas, and marrowfat
peas as additional examples of Pisum spp. in subgroup 6-22F (dry seed
peas). According to U.S. Federal Grain Inspection Service (FGIS)
Grading Standards, Smooth Dry Peas include yellow types, green types,
mottled types, and others. Commercially, most of the dried pea acres
planted are yellow peas or green peas. Wrinkled peas are the mature
seed peas raised to support the succulent peas in subgroup 6-22B and 6-
22D. The mature seed would fall under the definition of dried peas,
subgroup 6-22F. Marrowfat peas are not widely raised in the U.S. but
they fit in the subgroup of dried peas. The commenter believes the list
of commodities under dry peas should include these three categories.
In the proposed rule, EPA requested comment on whether EPA should
include additional examples of Pisum spp. EPA agrees with the commenter
that yellow peas, wrinkled peas, and marrowfat peas are additional
examples of Pisum spp. and accordingly EPA is including these as
examples of Pisum spp. in group 6-22 and subgroup 6-22F (dry seed peas)
and in the definition of pea in 40 CFR 180.1(g).
The commenter noted that the new standard clearly defines chickpeas
as a pea. The previous standard included chickpeas as a dry bean and a
dry pea. The commenter asks whether products currently in use based on
only the dry bean as the representative crop will be required to be re-
evaluated for dry peas. The commenter is in favor of keeping chickpeas
as both a dry bean and a dry pea commodity.
EPA acknowledges that chickpea has previously been classified as a
pea and a bean for pesticide tolerance purposes (see 40 CFR 180.1(g)).
However, to facilitate international pesticide tolerance harmonization
(e.g., Codex classifies chickpea as a pea) and avoid confusion when
interpreting multiple potential tolerance levels for the same
commodity, chickpea will be included within the pea subgroups in the
revised Crop Group 6. This approach will not result in the removal of
any existing chickpea tolerances or changes in registration for use on
chickpea. For example, an existing tolerance on subgroup 6C (dried peas
and beans)--which includes chickpea--would have been supported by field
trials on both a pea and a bean. That same data could, in turn, support
a tolerance petition for subgroups 6-22E (dry beans) and 6-22F (dry
peas), with 6-22F covering chickpeas. Also, tolerance petitions
regarding existing ``bean'' tolerances (per 40 CFR 180.1(g)) would
convert to both the new bean subgroups (6-22A, C, and/or E) as well as
separate applicable chickpea tolerances (e.g., ``chickpea, dry seed'').
Again, the revisions to old crop group 6 and the related definitions in
40 CFR 180.1 will not result in removal of pesticide tolerances.
Furthermore, EPA notes that establishing the new group/subgroups does
not automatically result in changes to existing tolerances; such an
update requires a tolerance petition or will be implemented through the
registration review process. Overall, the separation into further
subgroups delineating peas and beans is anticipated to facilitate
pesticide tolerances and their data requirements where only pea or only
bean registrations are desired.
The commenter recommends that the subgroups 6-22E and 6-22F use the
term ``Pulse'' in the title/description. The commenter notes that
recent papers published in the scientific journal, Nutrients, describe
the need to standardize scientific references to the dried seeds of
legumes as pulses. Pulse is a term used in many MRL standards worldwide
and the commenter believes that EPA should use the term to further
harmonize U.S. standards and help facilitate trade.
EPA agrees with the commenter's suggested terminology addition and
is adding the term ``Pulse'' in the title/description of subgroups 6-
22E and 6-22F (Crop Subgroup 6-22F: Pulses, dried shelled pea
subgroup). At one point the comment also refers to adding the term
``Pulse'' to subgroup 6-22D (the succulent shelled pea subgroup). Based
on the entirety of the comment and the specific suggested revisions,
EPA believes the reference to subgroup 6-22D was a typographical error.
In any event, EPA is not adding the term ``Pulse'' to subgroup 6-22D
because it refers to dried seeds of legume, not succulent shelled peas.
The commenter recommends adding fava (also referred to as ``faba'')
where broad bean is listed. The commenter states that faba beans are
increasingly important as an alternative pulse crop because of their
ability to fix atmospheric Nitrogen, their importance to sustainability
and their high protein content. EPA agrees fava bean is a synonym for
broad bean and had, in some instances, included ``fava bean''
parenthetically along with broad bean, but has made further edits to
address this comment.
The commenter recommends removal of ``vegetable soybean (edamame)''
from subgroup 6-22E. Subgroup 6-22E is for bean pulses. The commenter
explains that edamame is, by definition, the succulent seed of soy and
thus states that edamame fits in the category for garden peas, snap
beans, and edible podded peas. The dried seeds of edamame would be
classified as soy beans or soya beans. The commenter believes that they
should be classified separately from pulses because these seeds have an
oil component and are traded as oilseeds.
EPA agrees with the commenter and is removing edamame from subgroup
6-22E. EPA notes that the IR-4 petition also did not include edamame in
their proposal for the dried seed bean group.
Other than these adjustments, EPA is finalizing the changes to Crop
Group 6-22: Legume Vegetable Group as proposed.
B. Comments on the Amendments to Crop Group 15: Cereal Grain Group and
Crop Group 16: Forage, Fodder and Straw of Cereal Grains Group
EPA proposed to add additional commodities to the revised Group 15-
22: Cereal Grain Group. These include twenty-one listings that simply
reflect specific terms for commodities already included in the
preexisting crop group (i.e., baby corn and the different varieties of
oat and wheat) and twenty-four new commodities: amaranth, purple
amaranth, tartary buckwheat, annual canarygrass, ca[ntilde]ihua, chia,
cram cram, black fonio, white fonio, huauzontle, Inca wheat, Job's
tears, barnyard millet, finger millet, foxtail millet, little millet,
prince's feather, psyllium, blond psyllium, quinoa, African rice, teff,
intermediate wheatgrass, and eastern wild rice. EPA proposed to create
6 subgroups: Crop Subgroup 15-22A, Wheat subgroup; Crop Subgroup 15-
22B, Barley subgroup; Crop Subgroup 15-22C, Field corn subgroup; Crop
Subgroup 15-22D, Sweet corn subgroup; Crop Subgroup 15-22E, Grain
sorghum and millet subgroup; and Crop Subgroup 15-22F, Rice subgroup.
In addition to adding subgroups, EPA proposed changes to the
representative commodities. EPA proposed to keep the preexisting
representative commodities for Crop Group 15, add barley as a
representative crop to accommodate the new Barley Subgroup (15-22B),
and add proso millet as an alternative representative commodity for
better international harmonization of the Grain Sorghum and Millet
Subgroup (15-22D). EPA proposed to rename the revised crop group ``Crop
Group 16-22: Forage, Hay, Stover, and Straw of Cereal Grain Group.''
Consistent with the changes
[[Page 57631]]
proposed for Crop Group 15-22, EPA proposed to add the same additional
commodities to Crop Group 16-22. A more detailed description of the
proposed changes to Crop Groups 15 and 16, and the rationale behind
those changes can be found in Unit III. of the proposed rule (87 FR
1091, January 10, 2022 (FRL-5032-12-OSCPP)).
EPA received one comment on the specifics of the proposed changes
to Crop Group 15 and no comments on the specifics of the proposed
changes to Crop Group 16. EPA is finalizing the changes to Crop Group
16-22: Forage, Hay, Stover, and Straw of Cereal Grain Group as
proposed. In the final regulatory text EPA is correcting a
typographical error that appeared in the proposed regulatory text for
Crop Group 15. EPA proposed the inclusion of ``Princess feather,
Amaranthus hypochondriacus L.'' This has been changed to ``Prince's
feather'' because this is the correct name for this commodity.
One commenter states it is unclear whether benefits or negatives
exist with revising the cereal grains crop group to create a rice
subgroup. The commenter states that it is difficult for the industry to
support a rice subgroup without knowledge of the benefits or risks. The
commenter fully supports changes where rice, as a representative crop,
would receive a pesticide tolerance or maximum residue limit (MRL). The
commenter notes that current pesticide registrations for the cereal
grains crop group often exclude rice. A cereal grain tolerance that
includes rice would be of benefit for U.S. tolerances and resulting
pesticide registrations. However, rice receiving a pesticide tolerance
as part of the crop group could be problematic for foreign MRLs.
Harmonization of rice specific tolerances and MRLs have become more
important as countries receiving California rice are in the early
stages of developing regulation for residue limits on imports. The
commenter states that countries with high rice consumption do not
accept MRLs for cereal grains because the residue data must be specific
to rice. Pesticide registrants have become reluctant to submit the
necessary data to countries establishing the positive list for MRLs.
Harmonization is important with more countries establishing positive
lists.
The commenter states that there are additional barriers involved
with registering pesticides for use on rice in California. The
rationale to not register pesticides on California rice relates to the
expense and time commitment for developing aquatic dissipation studies
even though the data is a requirement in all states receiving a
pesticide registration on the commodity.
EPA acknowledges the issues related to pesticide registrations and
data requirements with respect to rice and how those issues have
resulted in pesticide tolerances with rice ``exceptions''. The proposed
revisions do not change data requirements related to pesticide
registrations that can, in turn, affect tolerances on rice (e.g., the
example issue mentioned by the commenter related to the aquatic
dissipation studies will remain). Additionally, a tolerance for the
entire crop group will still require field trial residue data on rice.
However, when a registration on rice is not desired, a benefit of the
change will be the clarity resulting from tolerances being established
on subgroups A through E (i.e., the ``non-rice'' subgroups) instead of
using the ``except rice'' convention. Furthermore, EPA anticipates
better harmonization internationally as a result of the adoption of the
subgroups, including the rice subgroup in particular (e.g., EPA is
essentially adopting the same 6 cereal grain subgroups as Codex).
Finally, as is the case when any crop group or subgroup is established,
there is the benefit to minor crop growers who are provided with
additional crop protection tools by way of field trials conducted on
``representative commodities''. Whereas, previously, crop-specific
field trial data might have been required to establish tolerances on
African rice, wild rice or Eastern wild rice, field trial data on rice
will now formally cover those other minor crops as it is the only data
required to establish a rice subgroup tolerance.
Other than correcting the name of Prince's feather, EPA is
finalizing the changes to Crop Group 15-22: Cereal Grain Group as
proposed.
IV. References
The following is a listing of the documents that are specifically
referenced in this document. The docket includes these documents and
other information considered by EPA, including documents that are
referenced within the documents that are included in the docket, even
if the referenced document is not physically located in the docket. For
assistance in locating these other documents, please consult the person
listed under FOR FURTHER INFORMATION CONTACT.
1. U.S. EPA, ``Burden Reduction from the Expansion of Crop Group
Program,'' August 5, 2022.
2. USDA IR-4 Petition. William P. Barney. Proposed revisions to
Legume Vegetables (Succulent or Dried), Crop Group 6 and Foliage of
Legume Vegetables, Crop Group 7, Technical Amendment to 40 CFR
180.41(c)(6) and (c) IR-4 PR #11237 (Legume Vegetable) and PR #11238
(Foliage of Legume Vegetables). Volumes 1-4. July 9, 2013.
3. USDA IR-4 Petition. William P. Barney. Proposed revisions to
Cereal Grains, Crop Group 15 and Forage, Fodder and Straw of Cereal
Grains Crop Group 16, Technical Amendment to 40 CFR 180.41(c)(9);
IR-4 PR #11394. Volumes 1-3. February 18, 2014.
4. Schneider, Bernard A. Recommendations for Amending Crop Group 15
Cereal Grains and Crop Group 16 Forage, Fodder and Straw of Cereal
Grains to Approve Its Members, Representative Commodities, Crop
Subgroups, and Commodity Definitions Including Grasses for Sugar and
Syrup Production September 6, 2018, Updated April 29, 2020.
5. Schneider, Bernard A. EPA Memorandum: Crop Grouping--Part 22:
Analysis of the USDA IR-4 Petition to Amend the Crop Group
Regulation 40 CFR 180.41 (c) (22) and Commodity Definitions [40 CFR
180.1 (g)] Related to the Crop Group 15: Cereal Grains and the
Forage, Fodder and Straw of Cereal Grains Group 16 [40 CFR 180.41
(c) (23)], and Commodity Definition ``Grasses for Sugar and Syrup
Production. June 8, 2018, updated April 29, 2020, Updated October
19, 2021.
6. U.S. EPA. Chemistry Science Advisory Council (ChemSAC) Minutes.
Response to Questions by the Crop Group Implementation Focus Group
(CGIFG) on Amending the Cereal Grain Crop Group 15 and the Forage,
Fodder, and Straw of the Cereal Grain Crop Group 16. April 8, 2020.
7. Schneider, Bernard A. EPA Memorandum: Response to Questions by
the Crop Group Implementation Focus Group (CGIFG) on Amending the
Cereal Grain Crop Group 15 and the Forage, Fodder and Straw of
Cereal Grain Crop Group 16. November 18, 2019, Updated December 11,
2019 and April 8, 2020.
8. U.S. EPA. Chemistry Science Advisory Council (ChemSAC) Minutes.
Recommendations to the HED Chemistry Science Advisory Council
Regarding Updates to Crop Groups 6 (Legume Vegetables) and 7
(Foliage of Legume Vegetables). October 25, 2017.
9. Schneider, Bernard A. EPA Memorandum. Crop Grouping Part XVII:
Analysis of the USDA IR-4 Petition to Amend the Crop Group
Regulation 40 CFR 180.41 (c)(7) and Commodity Definitions (40 CFR
180.1(g)) Related to the Crop Group 6 Legume Vegetables. September
27, 2016, updated February 7, 2017.
10. Schneider, Bernard A. Recommendations for Amending Crop Group 6
Legume Vegetable to Approve Its Members, Representative Commodities,
Crop Subgroups, and Associated Commodity Definitions. February 8,
2017.
11. Schneider, Bernard A. Recommendations for Amending Crop Group 7
Foliage of Legume Vegetable to Approve Its Members, Representative
Commodities,
[[Page 57632]]
Crop Subgroups, and Associated Commodity definitions. September 29,
2016.
12. U.S. EPA, ``Economic Analysis of the Proposed Expansion of the
Crop Group Program,'' February 12, 2007.
V. Statutory and Executive Order Reviews
Additional information about these statutes and Executive Orders
can be found at <a href="https://www.epa.gov/laws-regulations/laws-and-executive-orders">https://www.epa.gov/laws-regulations/laws-and-executive-orders</a>.
A. Executive Order 12866: Regulatory Planning and Review and Executive
Order 13563: Improving Regulation and Regulatory Review
This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget (OMB)
for review under Executive Orders 12866 (58 FR 51735; October 4, 1993)
and 13563 (76 FR 3821, January 21, 2011).
B. Paperwork Reduction Act (PRA)
This action does not impose any new information collection
requirements that would require additional review or approval by OMB
under the provisions of the PRA, 44 U.S.C. 3501 et seq. Because this
action expands the number of crops in the affected crop groups, if
tolerances are established for those crop groups, they will have
broader applicability. Crop groupings enhance our ability to conduct
food safety evaluations on crops for tolerance-setting purpose;
allowing for tolerances to be established for the defined crop groups
rather than individually for each crop. For future tolerance actions,
petitioners will be able to submit the same number of residue field
trial studies and, using the updated crop groups, obtain tolerances
that cover more crops. This action does not impose any new information
collection burden under the PRA. OMB has previously approved the
information collection activities contained in the existing regulations
related to tolerance petitions for food/feed crops under OMB control
number 2070-0024.
C. Regulatory Flexibility Act (RFA)
I certify that this action will not have a significant economic
impact on a substantial number of small entities under the RFA, 5
U.S.C. 601 et seq. In making this determination, EPA concludes that the
impact of concern for this rule is any significant adverse economic
impact on small entities, and the Agency is certifying that this rule
will not have a significant economic impact on a substantial number of
small entities because the rule relieves regulatory burden (Ref. 1).
This action provides regulatory relief and regulatory flexibility.
The new crop groups ease the process for pesticide manufacturers to
obtain pesticide tolerances on greater numbers of crops. Pesticides
will be more widely available to growers for use on crops, particularly
specialty crops. Rather than having any adverse impact on small
businesses, this rule will relieve regulatory burden for all directly
regulated small entities. We have therefore concluded that this action
will relieve regulatory burden for all directly regulated small
entities.
D. Unfunded Mandates Reform Act (UMRA)
This action does not contain any unfunded mandate as described in
UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely affect
small governments. This action imposes no enforceable duty on any
state, local or tribal governments or the private sector.
E. Executive Order 13132: Federalism
This action does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 4, 1999). It will not have
substantial direct effects on the states, on the relationship between
the national government and the states, or on the distribution of power
and responsibilities among the various levels of government. Thus,
Executive Order 13132 does not apply to this action.
F. Executive Order 13175; Consultation and Coordination With Indian
Tribal Governments
This action does not have tribal implications as specified in
Executive Order 13175 (65 FR 67249, November 9, 2000) because it will
not have any effect on tribal governments, on the relationship between
the Federal Government and the Indian tribes, or on the distribution of
power and responsibilities between the Federal Government and Indian
tribes. Thus, Executive Order 13175 does not apply to this action.
G. Executive Order 13045; Protection of Children From Environmental
Health Risks and Safety Risks
The EPA interprets Executive Order 13045 (62 FR 19885, April 23,
1997) as applying only to those regulatory actions that concern
environmental health or safety risks that the EPA has reason to believe
may disproportionately affect children, per the definition of ``covered
regulatory action'' in section 2-202 of the Executive Order. This
action is not subject to Executive Order 13045 because it does not
concern an environmental health risk or safety risk.
H. Executive Order 13211: Actions That Significantly Affect Energy
Supply, Distribution, or Use
This action is not subject to Executive Order 13211 (66 FR 28355,
May 22, 2001) because it is not a significant regulatory action under
Executive Order 12866.
I. National Technology Transfer and Advancement Act (NTTAA)
This action does not involve technical standards as specified in
NTTAA section 12(d), 15 U.S.C. 272 note.
J. Executive Order 12898: Federal Actions To Address Environmental
Justice in Minority Populations and Low-Income Populations
EPA believes that this action is not subject to Executive Order
12898 (59 FR 7629, February 16, 1994) because it does not establish an
environmental health or safety standard. This action is a procedural
change and does not have any impact on human health or the environment.
As previously discussed, crop groups are established when residue data
for certain representative crops are used to establish pesticide
tolerances for a group of crops that are botanically or taxonomically
related. Representative crops of a crop group or subgroup are those
crops whose residue data can be used to establish a tolerance for the
entire group or subgroup.
K. Congressional Review Act (CRA)
This action is subject to the CRA, 5 U.S.C. 801 et seq., and EPA
will submit a rule report to each House of the Congress and to the
Comptroller General of the United States. This action is not a ``major
rule'' as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 180
Administrative practice and procedure, Commodities, Environmental
protection, Pesticides and pests.
Dated: August 29, 2022.
Michal Freedhoff,
Assistant Administrator, Office of Chemical Safety and Pollution
Prevention.
Therefore, for the reasons stated in the preamble, EPA is amending
40 CFR chapter I to read as follows:
PART 180--TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES
IN FOOD
0
1. The authority citation for part 180 continues to read as follows:
Authority: 21 U.S.C. 321(q), 346a and 371.
[[Page 57633]]
0
2. In Sec. 180.1, amend the table to paragraph (g) by:
0
a. Revising the entry of ``Bean'';
0
b. Removing the entry of ``Bean, dry'';
0
c. Adding in alphabetical order entries for ``Bean, dry, seed'' and
``Bean, edible podded'';
0
d. Revising the entry of ``Bean, succulent'';
0
e. Adding in alphabetical order an entry for ``Bean, succulent
shelled'';
0
f. Revising the entry of ``Pea'';
0
g. Removing the entry of ``Pea, dry'';
0
h. Adding in alphabetical order entries for ``Pea, dry, seed'' and
``Pea, edible podded'';
0
i. Revising the entry of ``Pea, succulent''; and
0
j. Adding in alphabetical order an entry for ``Pea, succulent
shelled''.
The additions and revisions read as follows:
Sec. 180.1 Definitions and interpretations.
* * * * *
(g) * * *
------------------------------------------------------------------------
A B
------------------------------------------------------------------------
* * * * * * *
Bean......................... Cicer arietinum (chickpea, garbanzo
bean); Lupinus spp. (including, but not
limited to, Andean lupin, blue lupin,
grain lupin, sweet lupin, white sweet
lupin, white lupin, and yellow lupin).
Phaseolus spp. (including, but not
limited to, black bean, cranberry bean,
dry bean, field bean, French bean,
garden bean, great northern bean, green
bean, kidney bean, lima bean, navy bean,
pink bean, pinto bean, red bean, scarlet
runner bean, snap bean, tepary bean,
yellow bean, and wax bean); Broad bean
(fava bean, faba bean); Goa bean
(asparagus pea and winged bean); Vigna
spp. (including adzuki bean, asparagus
bean, blackeyed pea, catjang bean,
Chinese longbean, cowpea, crowder pea,
moth bean, mung bean, rice bean,
southern pea, urd bean, and yardlong
bean); Guar bean; Horse gram; Jackbean;
Lablab bean (hyacinth bean); Morama
bean; African yam bean; American potato
bean; Vegetable soybean (edamame); Sword
bean; Velvetbean; Winged pea; cultivars,
varieties and/or hybrids of these
commodities. [Note: A variety of
pesticide tolerances have been
previously established for pea and/or
bean. Chickpea/garbanzo bean is also
listed in the definition for ``pea''.
For garbanzo bean/chickpea only, the
highest established pea or bean
tolerance will apply to pesticide
residues found in this commodity].
Bean, dry, seed.............. All beans in the entry ``Bean'' in dry
seed form.
Bean, edible podded.......... All beans in the entry ``Bean'' in edible
podded form.
Bean, succulent.............. All beans in the entry ``Bean'' in edible
podded or succulent shelled form.
Bean, succulent shelled...... All beans in the entry ``Bean'' in
succulent shelled form.
* * * * * * *
Pea.......................... Cajanus cajan (pigeon pea); Cicer
arietinum (chickpea, garbanzo bean);
Lens culinaris (lentil); Grass pea;
Pisum spp. (including, but not limited
to dry pea, dwarf pea, English pea,
field pea, garden pea, green pea,
marrowfat pea, snap pea, snow pea, sugar
snap pea, wrinkled pea and yellow pea);
cultivars, varieties and/or hybrids of
these commodities. [Note: A variety of
pesticide tolerances have been
previously established for pea and/or
bean. Chickpea/garbanzo bean is also
listed in the definition for ``bean''.
For garbanzo bean/chickpea only, the
highest established pea or bean
tolerance will apply to pesticide
residues found in this commodity].
Pea, dry, seed............... All peas in the entry ``Pea'' in dry seed
form.
Pea, edible podded........... All peas in the entry ``Pea'' in edible
podded form.
Pea, succulent............... All peas in the entry ``Pea'' in edible
podded or succulent shelled form.
Pea, succulent shelled....... All peas in the entry ``Pea'' in
succulent shelled form.
* * * * * * *
------------------------------------------------------------------------
* * * * *
0
3. Amend Sec. 180.41 paragraph (c) by:
0
a. Redesignating paragraphs (c)(30) through (35) as paragraphs (c)(34)
through (39) respectively;
0
b. In newly redesignated paragraph (c)(39)(ii), removing ``Table 3''
and adding ``table'' in its place;
0
c. Redesignating paragraph (c)(29) as paragraph (c)(33) and adding a
new paragraph (c)(29);
0
d. Redesignating paragraph (c)(28) as paragraph (c)(32);
0
e. In newly redesignated paragraph (c)(32)(iv), adding a heading to
read ``Tolerances established after November 6, 2020.''
0
f. Redesignating paragraph (c)(27) as paragraph (c)(31) and adding a
new paragraph (c)(27);
0
g. Redesignating paragraph (c)(26) as paragraph (c)(30);
0
h. Redesignating paragraph (c)(25) as paragraph (c)(28);
0
i. Redesignating paragraphs (c)(14) through (24) as paragraphs (c)(16)
through (26) respectively;
0
j. Redesignating paragraph (c)(13) as paragraph (c)(15);
0
k. Redesignating paragraph (c)(12) as paragraph (c)(14) and adding a
new paragraph (c)(12);
0
l. Redesignating paragraph (c)(11) as paragraph (c)(13); and
0
m. Redesignating paragraph (c)(10) as paragraph (c)(11) and adding a
new paragraph (c)(10).
The additions read as follows.
Sec. 180.41 Crop group tables.
* * * * *
(c) * * *
(10) Crop Group 6-22. Legume Vegetable Group.
(i) Representative commodities. Bean (Phaseolus spp. or Vigna spp.;
one edible podded cultivar, one succulent shelled cultivar, and one
dried seed); Pea (Pisum spp; one edible podded cultivar, one succulent
shelled cultivar, and one dried seed); and Soybean, seed.
(ii) Commodities. The following table is a list of all commodities
included in Crop Group 6-22 and includes cultivars, varieties and/or
hybrids of these commodities.
[[Page 57634]]
Table 1 to Paragraph (c)(10)--Crop Group 6-22: Legume Vegetable Group:
------------------------------------------------------------------------
Related crop
Commodities subgroups
------------------------------------------------------------------------
African yam bean, dry seed, Sphenostylis stenocarpa 6-22E
(Hochst. ex A. Rich.) Harms............................
American potato bean, dry seed, Apios americana Medik... 6-22E
Bean (Lupinus spp.), succulent shelled (including, but 6-22C
not limited to Andean lupin, blue lupin, grain lupin,
sweet lupin, white lupin, white sweet lupin, and yellow
lupin).................................................
Bean (Lupinus spp.), dry seed (including, but not 6-22E
limited to Andean lupin, blue lupin, grain lupin, sweet
lupin, white lupin, white sweet lupin, and yellow
lupin).................................................
Bean (Phaseolus spp.), edible podded (including, but not 6-22A
limited to French bean, garden bean, green bean, kidney
bean, navy bean, scarlet runner bean, snap bean, and
wax bean)..............................................
Bean (Phaseolus spp.), succulent shelled (including, but 6-22C
not limited to lima bean, scarlet runner bean, and wax
bean)..................................................
Bean (Phaseolus spp.), dry seed (including, but not 6-22E
limited to black bean, cranberry bean, dry bean, field
bean, French bean, garden bean, great northern bean,
green bean, kidney bean, lima bean, navy bean, pink
bean, pinto bean, red bean, scarlet runner bean, tepary
bean, and yellow bean).................................
Bean (Vigna spp.), edible podded (including, but not 6-22A
limited to asparagus bean, catjang bean, Chinese
longbean, cowpea, moth bean, mung bean, rice bean, urd
bean, and yardlong bean)...............................
Bean (Vigna spp.), succulent shelled (including, but not 6-22C
limited to blackeyed pea, catjang bean, cowpea, crowder
pea, moth bean, and southern pea)......................
Bean (Vigna spp.), dry seed (including, but not limited 6-22E
to adzuki bean, asparagus bean, blackeyed pea, catjang
bean, Chinese longbean, cowpea, crowder pea, moth bean,
mung bean, rice bean, southern pea, urd bean, and
yardlong bean).........................................
Broad bean (fava bean), succulent shelled, Vicia faba L. 6-22C
subsp. faba var. faba..................................
Broad bean (fava bean), dry seed, Vicia faba L. subsp. 6-22E
faba var. faba.........................................
Chickpea (garbanzo), edible podded, Cicer arietinum L... 6-22B
Chickpea (garbanzo), succulent shelled, Cicer arietinum 6-22D
L......................................................
Chickpea (garbanzo), dry seed, Cicer arietinum L........ 6-22F
Goa bean, edible podded (asparagus pea and winged bean), 6-22A
Psophocarpus tetragonolobus (L.) DC....................
Goa bean, succulent shelled (asparagus pea and winged 6-22C
bean), Psophocarpus tetragonolobus (L.) DC.............
Goa bean, dry seed (asparagus pea and winged bean), 6-22E
Psophocarpus tetragonolobus (L.) DC....................
Grass pea, edible podded, Lathyrus sativus L............ 6-22B
Grass pea, dry seed, Lathyrus sativus L................. 6-22F
Guar bean, edible podded, Cyamopsis tetragonoloba (L.) 6-22A
Taub...................................................
Guar bean, dry seed, Cyamopsis tetragonoloba (L.) Taub.. 6-22E
Horse gram, dry seed, Macrotyloma uniflorum (Lam.) Verdc 6-22E
Jackbean, edible podded, Canavalia ensiformis (L.) DC... 6-22A
Jackbean, succulent shelled, Canavalia ensiformis (L.) 6-22C
DC.....................................................
Jackbean, dry seed, Canavalia ensiformis (L.) DC........ 6-22E
Lablab bean (hyacinth bean), edible podded, Lablab 6-22A
purpureus (L.) Sweet subsp. purpureus..................
Lablab bean (hyacinth bean), succulent shelled, Lablab 6-22C
purpureus (L.) Sweet subsp. purpureus..................
Lablab bean (hyacinth bean), dry seed, Lablab purpureus 6-22E
(L.) Sweet subsp. Purpureus............................
Lentil, edible podded, Lens culinaris Medik. subsp. 6-22B
culinaris..............................................
Lentil, succulent shelled, Lens culinaris Medik. subsp. 6-22D
culinaris..............................................
Lentil, dry seed, Lens culinaris Medik. subsp. culinaris 6-22F
Morama bean, dry seed, Tylosema esculentum (Burch.) A. 6-22E
Schreib................................................
Pea (Pisum spp.), edible podded (including, but not 6-22B
limited to dwarf pea, green pea, snap pea, snow pea,
and sugar snap pea)....................................
Pea (Pisum spp.), succulent shelled (including, but not 6-22D
limited to, English pea, garden pea, and green pea)....
Pea (Pisum spp.), dry seed (including, but not limited 6-22F
to dry pea, field pea, garden pea, yellow pea, wrinkled
pea, marrowfat pea, and green pea).....................
Pigeon pea, edible podded, Cajanus cajan (L.) Huth...... 6-22B
Pigeon pea, succulent shelled, Cajanus cajan (L.) Huth.. 6-22D
Pigeon pea, dry seed, Cajanus cajan (L.) Huth........... 6-22F
Soybean, seed, Glycine max (L.) Merr.................... N/A
Sword bean, edible podded, Canavalia gladiata (Jacq.) DC 6-22A
Sword bean, dry seed, Canavalia gladiata (Jacq.) DC..... 6-22E
Vegetable soybean, edible podded (edamame), Glycine max 6-22A
(L.) Merr..............................................
Vegetable soybean, succulent shelled (edamame), Glycine 6-22C
max (L.) Merr..........................................
Velvetbean, edible podded, Mucuna pruriens (L.) DC...... 6-22A
Velvetbean, succulent shelled, Mucuna pruriens (L.) DC.. 6-22C
Velvetbean, dry seed, Mucuna pruriens (L.) DC........... 6-22E
Winged pea, edible podded, Lotus tetragonolobus L....... 6-22A
Winged pea, dry seed, Lotus tetragonolobus L............ 6-22E
Cultivars, varieties, and/or hybrids of these
commodities............................................
------------------------------------------------------------------------
(iii) Crop subgroups. The following table identifies the crop
subgroups for Crop Group 6-22, specifies the representative commodities
for each subgroup and lists all the commodities included in each
subgroup.
[[Page 57635]]
Table 2 to Paragraph (c)(10)--Crop Group 6-22: Subgroup Listing
------------------------------------------------------------------------
Representative commodities Commodities
------------------------------------------------------------------------
Crop Subgroup 6-22A: Edible podded bean subgroup
------------------------------------------------------------------------
Any cultivar of edible podded bean Bean (Phaseolus spp.; including, but
Phaseolus spp. or Vigna spp. not limited to French bean, garden
bean, green bean, kidney bean, navy
bean, scarlet runner bean, snap
bean, and wax bean); Bean (Vigna
spp.; including, but not limited to
asparagus bean, catjang bean;
Chinese longbean, cowpea, moth
bean, mung bean, rice bean, urd
bean, and yardlong bean); goa bean;
guar bean; jackbean; lablab bean;
vegetable soybean (edamame); sword
bean; winged pea; velvetbean;
cultivars, varieties, and/or
hybrids of these commodities.
------------------------------------------------------------------------
Crop Subgroup 6-22B: Edible podded pea subgroup
------------------------------------------------------------------------
Any cultivar of edible podded pea, Pea (Pisum spp.; including, but not
Pisum spp. limited to dwarf pea, green pea,
snap pea, snow pea, and sugar snap
pea); grass pea; lentil; pigeon
pea; chickpea; cultivars,
varieties, and/or hybrids of these
commodities.
------------------------------------------------------------------------
Crop Subgroup 6-22C: Succulent shelled bean subgroup
------------------------------------------------------------------------
Any succulent shelled cultivar of Bean (Phaseolus spp.; including, but
bean, Phaseolus spp., or Vigna not limited to lima bean, scarlet
spp. runner bean, and wax bean); Bean
(Vigna spp.; including, but not
limited to blackeyed pea, catjang
bean, cowpea, crowder pea, moth
bean, and southern pea); Bean
(Lupinus spp.; including, but not
limited to Andean lupin, blue
lupin, grain lupin, sweet lupin,
white lupin, white sweet lupin, and
yellow lupin); broad bean (fava
bean); jackbean; goa bean; lablab
bean; vegetable soybean (edamame);
velvetbean; cultivars, varieties,
and/or hybrids of these
commodities.
------------------------------------------------------------------------
Crop Subgroup 6-22D: Succulent shelled pea subgroup
------------------------------------------------------------------------
Any succulent shelled cultivar of Chickpea; lentil; Pea (Pisum spp.;
garden pea, Pisum spp. including, but not limited to
English pea, garden pea, and green
pea); pigeon pea; cultivars,
varieties, and/or hybrids of these
commodities.
------------------------------------------------------------------------
Crop Subgroup 6-22E: Pulses, dried shelled bean, except soybean,
subgroup
------------------------------------------------------------------------
Any one dried seed of bean, African yam bean; American potato
Phaseolus spp., or Vigna spp. bean; Bean (Lupinus spp.;
including, but not limited to
Andean lupin, blue lupin, grain
lupin, sweet lupin, white lupin,
white sweet lupin, and yellow
lupin); Bean (Phaseolus spp.;
including, but not limited to black
bean, cranberry bean, dry bean,
field bean, French bean, garden
bean, great northern bean, green
bean, kidney bean, lima bean, navy
bean, pink bean, pinto bean, red
bean, scarlet runner bean, tepary
bean, and yellow bean); Bean (Vigna
spp.; including, but not limited to
adzuki bean, asparagus bean,
blackeyed pea, catjang bean,
Chinese longbean, cowpea, crowder
pea, moth bean, mung bean, rice
bean, southern pea, urd bean, and
yardlong bean); broad bean (fava
bean); guar bean; goa bean; horse
gram; jackbean; lablab bean; morama
bean; sword bean; winged pea;
velvetbean; cultivars, varieties,
and/or hybrids of these
commodities.
------------------------------------------------------------------------
Crop Subgroup 6-22F: Pulses, dried shelled pea subgroup
------------------------------------------------------------------------
Any one dried seed of pea, Pisum Pea (Pisum spp.; including, but not
spp. limited to dry pea, field pea,
green pea, yellow pea, wrinkled
pea, marrowfat pea, and garden
pea); chickpea; grass pea; lentil;
pigeon pea; cultivars, varieties,
and/or hybrids of these
commodities.
------------------------------------------------------------------------
* * * * *
(12) Crop Group 7-22. Forage and Hay Legume Vegetable Group.
(i) Representative commodities. Any cultivar of bean (Phaseolus
spp. or cowpea (Vigna unguiculata (L.) Walp)); field pea (Pisum sativum
L. subsp. sativum var. arvense (L.) Poir.); and soybean (Glycine max
(L.) Merr.).
(ii) Commodities. The following table lists the commodities
included in Crop Group 7-22.
Table 1 to Paragraph (c)(12)--Crop Group 7-22: Forage and Hay for Legume
Vegetable Group
------------------------------------------------------------------------
Representative commodities Commodities
------------------------------------------------------------------------
Any cultivar of bean (Phaseolus spp. or Plant parts of any legume
cowpea (Vigna unguiculata (L.) Walp)); field vegetable listed in crop
pea (Pisum sativum L. subsp. sativum var. group 6-22 that will be
arvense (L.) Poir.); and soybean (Glycine used as animal feed.
max (L.) Merr.).
------------------------------------------------------------------------
(iii) Crop subgroup. The following table identifies the crop
subgroup for Crop Group 7-22 and specifies the representative
commodities for the subgroup, and lists all the commodities included in
the subgroup.
[[Page 57636]]
Table 2 to Paragraph (c)(12)--Crop Group 7-22 Subgroup Listing
------------------------------------------------------------------------
Representative commodities Commodities
------------------------------------------------------------------------
Crop Subgroup 7-22A. Forage and hay of legume vegetables (except
soybeans) subgroup
------------------------------------------------------------------------
Any cultivar of bean (Phaseolus spp. or Plant parts of any legume
cowpea (Vigna unguiculata (L.) Walp)); vegetable listed in crop
field pea (Pisum sativum L. subsp. sativum group 6-22 (except
var. arvense (L.) Poir.). soybeans) that will be
used as animal feed.
------------------------------------------------------------------------
------------------------------------------------------------------------
* * * * *
(27) Crop Group 15-22. Cereal Grain Group.
(i) Representative commodities. Wheat, barley, field corn, sweet
corn, rice and either grain sorghum or proso millet.
(ii) Commodities. The following table is a list of all commodities
included in Crop Group 15-22 and includes cultivars, varieties and/or
hybrids of these commodities.
Table 1 to Paragraph (c)(27)--Crop Group 15-22: Cereal Grain Group
------------------------------------------------------------------------
Related crop
Commodities subgroups
------------------------------------------------------------------------
Amaranth, grain, Amaranthus spp......................... 15-22A
Amaranth, purple, Amaranthus cruentus L................. 15-22A
Baby corn, Zea mays L. subsp. mays...................... 15-22D
Barley, Hordeum vulgare L. subsp. vulgare............... 15-22B
Buckwheat, Fagopyrum esculentum Moench.................. 15-22B
Buckwheat, tartary, Fagopyrum tataricum (L.) Gaertn..... 15-22B
Canarygrass, annual, Phalaris canariensis L............. 15-22B
Ca[ntilde]ihua, Chenopodium pallidicaule Aellen......... 15-22A
Chia, Salvia hispanica L................................ 15-22A
Corn, field, Zea mays L. subsp. mays.................... 15-22C
Corn, sweet, Zea mays L. subsp. mays.................... 15-22D
Cram cram, Cenchrus biflorus Roxb....................... 15-22A
Fonio, black, Digitaria iburua Stapf.................... 15-22E
Fonio, white, Digitaria exilis (Kippist) Stapf.......... 15-22E
Grain sorghum, Sorghum bicolor (L.) Moench.............. 15-22E
Huauzontle grain, Chenopodium berlandieri Moq. subsp. 15-22A
nuttalliae (Saff.) H. D. Wilson & Heiser and
Chenopodium berlandieri Moq............................
Inca wheat, Amaranthus caudatus L....................... 15-22A
Job's tears, Coix lacryma-jobi L., Coix lacryma-jobi L. 15-22E
var. ma-yun (Rom. Caill.) Stapf........................
Millet, barnyard, Echinochloa frumentacea Link.......... 15-22E
Millet, finger, Eleusine coracana (L.) Gaertn. subsp. 15-22E
coracana...............................................
Millet, foxtail, Setaria italica (L.) P. Beauv. subsp. 15-22E
italic.................................................
Millet, little, Panicum sumatrense Roth................. 15-22E
Millet, pearl, Pennisetum glaucum (L.) R. B. r.......... 15-22E
Millet, proso, Panicum miliaceum L. subsp. miliaceum.... 15-22E
Oat, Avena spp.......................................... 15-22B
Oat, Abyssinian, Avena abyssinica Hochst. ex A. Rich.... 15-22B
Oat, common, Avena sativa L............................. 15-22B
Oat, naked, Avena nuda L................................ 15-22B
Oat, sand, Avena strigosa Schreb........................ 15-22B
Popcorn, Zea mays L. subsp. mays........................ 15-22C
Prince's feather, Amaranthus hypochondriacus L.......... 15-22A
Psyllium, Plantago arenaria Waldst. & Kit............... 15-22A
Psyllium, blond, Plantago ovata Forssk.................. 15-22A
Quinoa, Chenopodium quinoa Willd. subsp. quinoa......... 15-22A
Rice, Oryza sativa L.................................... 15-22F
Rice, African, Oryza glaberrima Steud................... 15-22F
Rye, Secale cereale L. subsp. cereale................... 15-22A
Teff, Eragrostis tef (Zuccagni) Trotter................. 15-22E
Teosinte, Zea mays L. subsp. mexicana (Schrad.) H. H. 15-22C
Iltis..................................................
Triticale, X Triticosecale spp.......................... 15-22A
Wheat, Triticum spp..................................... 15-22A
Wheat, club, Triticum aestivum L. subsp. compactum 15-22A
(Host) Mackey..........................................
Wheat, common, Triticum aestivum L. subsp. aestivum..... 15-22A
Wheat, durum, Triticum turgidum L. subsp. durum (Desf.) 15-22A
van Slageren...........................................
Wheat, einkorn, Triticum monococcum L. subsp. monococcum 15-22A
Wheat, emmer, Triticum turgidum L. subsp. dicoccon 15-22A
(Schrank) Thell........................................
Wheat, macha, Triticum aestivum L. subsp. macha (Dekapr. 15-22A
& Menabde) Mackey......................................
Wheat, oriental, Triticum turgidum L. subsp. turanicum 15-22A
(Jakubz.) [Aacute]. L[ouml]ve & D. L[ouml]ve...........
Wheat, Persian, Triticum turgidum L. subsp. carthlicum 15-22A
(Nevski) [Aacute]. L[ouml]ve & D. L[ouml]ve............
Wheat, Polish, Triticum turgidum L. subsp. polonicum 15-22A
(L.) Thell.............................................
Wheat, poulard, Triticum turgidum L. subsp. turgidum.... 15-22A
[[Page 57637]]
Wheat, shot, Triticum aestivum L. subsp. sphaerococcum 15-22A
(Percival) Mackey......................................
Wheat, spelt, Triticum aestivum L. subsp. spelta (L.) 15-22A
Thell..................................................
Wheat, timopheevi, Triticum timopheevii (Zhuk.) Zhuk. 15-22A
subsp. timopheevii.....................................
Wheat, vavilovi, Triticum vavilovii Jakubz.............. 15-22A
Wheat, wild einkorn, Triticum monococcum L. subsp. 15-22A
aegilopoides (Link) Thell..............................
Wheat, wild emmer, Triticum turgidum L. subsp. 15-22A
dicoccoides (K[ouml]rn. ex Asch. & Graebn.) Thell......
Wheatgrass, intermediate, Iseilema prostratum (L.) 15-22A
Andersson..............................................
Wild rice, Zizania palustris L.......................... 15-22F
Wild rice, eastern, Zizania aquatica L.................. 15-22F
Cultivars, varieties, and hybrids of these commodities..
------------------------------------------------------------------------
(iii) Crop subgroups. The following table identifies the crop
subgroups for Crop Group 15-22, specifies the representative
commodities for each subgroup and lists all the commodities included in
each subgroup.
Table 2 to Paragraph (c)(27)--Crop Group 15-22: Subgroup Listing
----------------------------------------------------------------------------------------------------------------
Representative commodities Commodities
----------------------------------------------------------------------------------------------------------------
Crop Subgroup 15-22A: Wheat subgroup
----------------------------------------------------------------------------------------------------------------
Wheat............................................................ Amaranth, grain; Amaranth, purple;
Ca[ntilde]ihua; Chia; Cram cram; Huauzontle
grain; Inca wheat; Prince's feather;
Psyllium; Psyllium, blond; Quinoa; Rye;
Triticale; Wheat; Wheat, club; Wheat,
common; Wheat, durum; Wheat, einkorn; Wheat,
emmer; Wheat, macha; Wheat, oriental; Wheat,
Persian; Wheat, Polish; Wheat, poulard;
Wheat, shot; Wheat, spelt; Wheat,
timopheevi; Wheat, vavilovi; Wheat, wild
einkorn; Wheat, wild emmer; Wheatgrass,
intermediate; cultivars, varieties, and
hybrids of these commodities.
----------------------------------------------------------------------------------------------------------------
Crop Subgroup 15-22B: Barley subgroup
----------------------------------------------------------------------------------------------------------------
Barley........................................................... Barley; Buckwheat; Buckwheat, tartary;
Canarygrass, annual; Oat; Oat, Abyssinian;
Oat, common; Oat, naked; Oat, sand;
cultivars, varieties, and hybrids of these
commodities.
----------------------------------------------------------------------------------------------------------------
Crop Subgroup 15-22C: Field corn subgroup
----------------------------------------------------------------------------------------------------------------
Field corn....................................................... Corn, field; Popcorn; Teosinte; cultivars,
varieties, and hybrids of these commodities.
----------------------------------------------------------------------------------------------------------------
Crop Subgroup 15-22D: Sweet corn subgroup
----------------------------------------------------------------------------------------------------------------
Sweet corn....................................................... Baby corn; Corn, sweet; cultivars, varieties,
and hybrids of these commodities.
----------------------------------------------------------------------------------------------------------------
Crop Subgroup 15-22E: Grain sorghum and millet subgroup
----------------------------------------------------------------------------------------------------------------
Grain sorghum or Proso millet.................................... Fonio, black; Fonio, white; Grain sorghum;
Job's tears; Millet, barnyard; Millet,
finger; Millet, foxtail; Millet, little;
Millet, pearl; Millet, proso; Teff;
cultivars, varieties, and hybrids of these
commodities.
----------------------------------------------------------------------------------------------------------------
Crop Subgroup 15-22F: Rice subgroup
----------------------------------------------------------------------------------------------------------------
Rice............................................................. Rice; Rice, African; Wild rice; Wild rice,
eastern; cultivars, varieties, and hybrids
of these commodities.
----------------------------------------------------------------------------------------------------------------
----------------------------------------------------------------------------------------------------------------
* * * * *
(29) Crop Group 16-22. Forage, Hay, Stover, and Straw of Cereal
Grain Group.
(i) Representative commodities. Corn, wheat, and any other cereal
grain crop.
(ii) Commodities. Crop Group 16-22 includes the forage, hay, stover
and straw of the commodities in Crop Group 15-22, including cultivars,
varieties and/or hybrids of these commodities.
* * * * *
[FR Doc. 2022-19022 Filed 9-20-22; 8:45 am]
BILLING CODE 6560-50-P
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</html>Indexed from Federal Register on September 21, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.