Tricyclazole; Pesticide Tolerances, 33465-33468 [2014-13404]
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Federal Register / Vol. 79, No. 112 / Wednesday, June 11, 2014 / Rules and Regulations
as the stoichiometric equivalent of
spirodiclofen.
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[FR Doc. 2014–13233 Filed 6–10–14; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 180
[EPA–HQ–OPP–2012–0903; FRL–9910–39]
Tricyclazole; Pesticide Tolerances
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
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B. How can I get electronic access to
other related information?
This regulation establishes
tolerances for residues of tricyclazole in
or on imported rice. Dow AgroSciences,
LLC, requested these tolerances under
the Federal Food, Drug, and Cosmetic
Act (FFDCA).
DATES: This regulation is effective June
11, 2014. Objections and requests for
hearings must be received on or before
August 11, 2014, and must be filed in
accordance with the instructions
provided in 40 CFR part 178 (see also
Unit I.C. of the SUPPLEMENTARY
INFORMATION).
ADDRESSES: The docket for this action,
identified by docket identification (ID)
number EPA–HQ–OPP–2012–0903, is
available at https://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 (202) 566–1744,
and the telephone number for the OPP
Docket is (703) 305–5805. Please review
the visitor instructions and additional
information about the docket available
at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT: Lois
Rossi, Registration Division (7505P),
Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
DC 20460–0001; telephone number:
(703) 305–7090; email address:
RDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. General Information
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
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pesticide manufacturer. The following
list of North American Industrial
Classification System (NAICS) codes is
not intended to be exhaustive, but rather
provides a guide to help readers
determine whether this document
applies to them. Potentially affected
entities may include:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
You may access a frequently updated
electronic version of EPA’s tolerance
regulations at 40 CFR part 180 through
the Government Printing Office’s e-CFR
site at https://www.ecfr.gov/cgi-bin/textidx?&c=ecfr&tpl=/ecfrbrowse/Title40/
40tab_02.tpl.
C. How can I file an objection or hearing
request?
Under FFDCA section 408(g), 21
U.S.C. 346a, any person may file an
objection to any aspect of this regulation
and may also request a hearing on those
objections. You must file your objection
or request a hearing on this regulation
in accordance with the instructions
provided in 40 CFR part 178. To ensure
proper receipt by EPA, you must
identify docket ID number EPA–HQ–
OPP–2012–0903, in the subject line on
the first page of your submission. All
objections and requests for a hearing
must be in writing, and must be
received by the Hearing Clerk on or
before August 11, 2014. Addresses for
mail and hand delivery of objections
and hearing requests are provided in 40
CFR 178.25(b).
In addition to filing an objection or
hearing request with the Hearing Clerk
as described in 40 CFR part 178, please
submit a copy of the filing (excluding
any Confidential Business Information
(CBI)) for inclusion in the public docket.
Information not marked confidential
pursuant to 40 CFR part 2 may be
disclosed publicly by EPA without prior
notice. Submit the non-CBI copy of your
objection or hearing request, identified
by docket ID number EPA–HQ–OPP–
2012–0903, by one of the following
methods:
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the online
instructions for submitting comments.
Do not submit electronically any
information you consider to be CBI or
other information whose disclosure is
restricted by statute.
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• Mail: OPP Docket, Environmental
Protection Agency Docket Center (EPA/
DC), (28221T), 1200 Pennsylvania Ave.
NW., Washington, DC 20460–0001.
• Hand Delivery: To make special
arrangements for hand delivery or
delivery of boxed information, please
follow the instructions at https://
www.epa.gov/dockets/contacts.html.
Additional instructions on
commenting or visiting the docket,
along with more information about
dockets generally, is available at
https://www.epa.gov/dockets.
II. Summary of Petitioned-For
Tolerance
In the Federal Register of January 16,
2013 (78 FR 3377) (FRL–9375–4), EPA
issued a document pursuant to FFDCA
section 408(d)(3), 21 U.S.C. 346a(d)(3),
announcing the filing of a pesticide
petition (PP 2E8114) by Dow
AgroSciences, LLC, 9330 Zionsville
Road, Indianapolis, IN 46268. The
petition requested that 40 CFR part 180
be amended by establishing tolerances
for residues of the fungicide
tricyclazole, 5-methyl-1,2,4-triazolo[3.4b] benzothiazole, including its
metabolites and degradates, in or on rice
at 3.0 parts per million (ppm). That
document referenced a summary of the
petition prepared by Dow AgroSciences,
LLC, the registrant, which is available in
the docket, https://www.regulations.gov.
There were no comments received in
response to the notice of filing.
Tricyclazole is a new active
ingredient and is not currently
registered or proposed for use in the
United States. The only anticipated
exposure to tricyclazole residues is from
the dietary consumption of imported
rice. Therefore, acute and chronic
dietary assessments were conducted for
tricyclazole residues of concern in food
only.
Based upon review of the data
supporting the petition, EPA has
determined that the parent compound,
tricyclazole, is suitable as a residue
definition for purposes of both tolerance
enforcement and risk assessment in rice.
This determination is based on
tricyclazole being the only major
residue in rice grain and the observation
that in samples from field trials with
quantifiable levels of the alcohol
metabolite, the metabolite is reduced to
less than the level of detection upon
husking. EPA has not revised the
tolerance proposed by Dow in the notice
of filing. EPA has added the compliance
statement which clarifies that only the
parent compound is to be analyzed for
enforcement purposes.
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III. Aggregate Risk Assessment and
Determination of Safety
Section 408(b)(2)(A)(i) of FFDCA
allows EPA to establish a tolerance (the
legal limit for a pesticide chemical
residue in or on a food) only if EPA
determines that the tolerance is ‘‘safe.’’
Section 408(b)(2)(A)(ii) of FFDCA
defines ‘‘safe’’ to mean that ‘‘there is a
reasonable certainty that no harm will
result from aggregate exposure to the
pesticide chemical residue, including
all anticipated dietary exposures and all
other exposures for which there is
reliable information.’’ This includes
exposure through drinking water and in
residential settings, but does not include
occupational exposure. Section
408(b)(2)(C) of FFDCA requires EPA to
give special consideration to exposure
of infants and children to the pesticide
chemical residue in establishing a
tolerance and to ‘‘ensure that there is a
reasonable certainty that no harm will
result to infants and children from
aggregate exposure to the pesticide
chemical residue. . . .’’
Consistent with FFDCA section
408(b)(2)(D), and the factors specified in
FFDCA section 408(b)(2)(D), EPA has
reviewed the available scientific data
and other relevant information in
support of this action. EPA has
sufficient data to assess the hazards of
and to make a determination on
aggregate exposure for tricyclazole
including exposure resulting from the
tolerances established by this action.
EPA’s assessment of exposures and risks
associated with tricyclazole follows.
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A. Toxicological Profile
EPA has evaluated the available
toxicity data and considered its validity,
completeness, and reliability as well as
the relationship of the results of the
studies to human risk. EPA has also
considered available information
concerning the variability of the
sensitivities of major identifiable
subgroups of consumers, including
infants and children.
In oral rat and dog studies, decreased
body weight was the primary effect
observed in the database; in oral mouse
studies, effects were mainly seen in the
liver. In rats, decreased body weight was
the only treatment related effect seen in
adult animals in the subchronic and
chronic studies, with body weight
decreases occurring at a lower dose after
chronic exposure. Decreased body
weight was also seen in adult rats in
developmental and reproduction
studies. Other effects observed in rats
included clinical signs (weakness, cold
body, piloerection) in the
developmental toxicity study at a dose
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similar to that in the subchronic study
where decreased body weight was
noted. Brain weight changes were also
observed in rats in the chronic study;
however, due to inconsistency in the
data the effects were not considered
treatment related. In dogs, decreased
body weight was the only treatment
related effect observed after chronic
exposure. In mice, mortality was seen
after 90 days, as well as hematological
changes (increased WBC, decreased
lymphocyte count, increased
neutrophil) and liver effects (increased
weights, enzymes, and histopathology).
However, it is noteworthy to mention
that the 90-day subchronic study was
considered unacceptable due to
numerous deficiencies. Increased
mortality was not observed in other
toxicity studies in mice. After 10
months, only liver effects (increased
weights, microsomal activity, and
histopathology) were observed in mice
and no treatment related effects were
observed after 1 year. However, chronic
exposure in mice (cancer mouse study),
resulted in liver effects including,
increased liver weights and liver
histopathology (acidophilic
degeneration and fatty change) at doses
lower than those producing liver effects
in the shorter term mouse studies.
Delayed ossification was observed in
fetuses in the rabbit developmental
study while decreased body weight was
observed in fetuses in the rat
developmental study. The effects were
seen in the absence of maternal toxicity
indicating quantitative susceptibility. In
the rat reproduction study, offspring
effects included pup death (post-natal
day (PND 1–4)), decreases in pup body
weight, and an increase in the number
of small pups in the presence of less
severe maternal toxicity (decreased
body weight) indicating qualitative
susceptibility. Although susceptibility
was observed in the developmental/
reproduction studies, the doses and
endpoints selected for risk assessment
are protective and the degree of concern
for the susceptibility observed in the
studies is low. The Agency has
classified tricyclazole as ‘‘Not Likely to
be Carcinogenic to Humans.’’ There
were no treatment-related increases in
tumors observed in the submitted
carcinogenicity studies in rats and/or
mice.
Neurotoxicity (acute, subchronic, and
developmental) and immunotoxicity
studies are not available for tricyclazole.
However, EPA, using a weight of the
evidence (WOE) approach, concluded
that these studies are not required.
Dermal toxicity and dermal penetration
studies are also not available for
tricyclazole. However, these studies are
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not required to support import
tolerances.
Specific information on the studies
received and the nature of the adverse
effects caused by tricyclazole as well as
the no-observed-adverse-effect-level
(NOAEL) and the lowest-observedadverse-effect-level (LOAEL) from the
toxicity studies can be found at https://
www.regulations.gov on pages 22–28, in
the document titled, ‘‘Tricyclazole:
Human Health Risk Assessment for the
Establishment of Tolerances with No
U.S. Registration for the New Fungicide
in/on Imported Rice’’ in docket ID
number EPA–HQ–OPP–2012–0903.
B. Toxicological Points of Departure/
Levels of Concern
Once a pesticide’s toxicological
profile is determined, EPA identifies
toxicological points of departure (POD)
and levels of concern (LOC) to use in
evaluating the risk posed by human
exposure to the pesticide. For hazards
that have a threshold below which there
is no appreciable risk, the toxicological
POD is used as the basis for derivation
of reference values for risk assessment.
PODs are developed based on a careful
analysis of the doses in each
toxicological study to determine the
dose at which no adverse effects are
observed (the NOAEL) and the lowest
dose at which adverse effects of concern
are identified (the LOAEL). Uncertainty/
safety factors are used in conjunction
with the POD to calculate a safe
exposure level—generally referred to as
a population-adjusted dose (PAD) or a
reference dose (RfD)—and a safe margin
of exposure (MOE). For non-threshold
risks, the Agency assumes that any
amount of exposure will lead to some
degree of risk. Thus, the Agency
estimates risk in terms of the probability
of an occurrence of the adverse effect
expected in a lifetime. For more
information on the general principles
EPA uses in risk characterization and a
complete description of the risk
assessment process, see https://
www.epa.gov/pesticides/factsheets/
riskassess.htm.
Since the proposed uses of
tricyclazole are all non-domestic, there
is no potential for drinking water,
occupational, and/or residential
exposure, and the only anticipated
exposure to tricyclazole is dietary
exposure through consumption of
imported rice. Therefore, endpoints and
PODs were only selected for acute and
chronic dietary risk assessment.
For acute dietary risk assessment (all
populations including females 13–49),
the no observed adverse effect level
(NOAEL) of 7 milligrams/kilogram/day
(mg/kg/day) was selected from a
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reproduction study in rats. An increased
incidence of pup death was seen at the
lowest observed adverse effect level
(LOAEL) of 26.7 mg/kg/day. Decreased
pup weight and small pups were also
observed at the LOAEL but were not
considered to be single dose effects.
For chronic dietary exposure, a
NOAEL of 6.67 mg/kg/day was selected
from a cancer study in mice based on
liver effects observed at the LOAEL of
21.8 mg/kg/day. For acute and chronic
dietary risk assessments, a 100X
uncertainty factor was applied
(interspecies factor of 10X and
intraspecies factor of 10X).
C. Exposure Assessment
1. Dietary exposure from food and
feed uses. In evaluating dietary
exposure to tricyclazole, EPA
considered exposure under the
petitioned-for tolerances. EPA assessed
dietary exposures from tricyclazole in
food as follows:
i. Acute and chronic exposure. Acute
and chronic dietary (food only)
exposure assessments were conducted
with the Dietary Exposure Evaluation
Model (DEEM–FCID), Version 3.16. This
software uses 2003–2008 food
consumption data from the U.S.
Department of Agriculture’s (USDA’s)
National Health and Nutrition
Examination Survey, What We Eat in
America (NHANES/WWEIA).
Conservative acute and chronic
exposure analyses were performed for
the general U.S. population and
population subgroups. Recommended
tolerance-level residues were used to
estimate dietary exposure. The analyses
assumed 100% of imported rice is
treated.
ii. Cancer. Based on the data
summarized in Unit III.A., EPA has
concluded that tricyclazole does not
pose a cancer risk to humans. Therefore,
a dietary exposure assessment for the
purpose of assessing cancer risk is
unnecessary.
iii. Anticipated residue and percent
crop treated (PCT) information. EPA did
not use anticipated residue and/or PCT
information in the dietary assessment
for tricyclazole. Tolerance level residues
and/or 100% CT were assumed for all
food commodities.
2. Cumulative effects from substances
with a common mechanism of toxicity.
Section 408(b)(2)(D)(v) of FFDCA
requires that, when considering whether
to establish, modify, or revoke a
tolerance, the Agency consider
‘‘available information’’ concerning the
cumulative effects of a particular
pesticide’s residues and ‘‘other
substances that have a common
mechanism of toxicity.’’
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EPA has not found tricyclazole to
share a common mechanism of toxicity
with any other substances, and
tricyclazole does not appear to produce
a toxic metabolite produced by other
substances. For the purposes of this
tolerance action, therefore, EPA has
assumed that tricyclazole does not have
a common mechanism of toxicity with
other substances. For information
regarding EPA’s efforts to determine
which chemicals have a common
mechanism of toxicity and to evaluate
the cumulative effects of such
chemicals, see EPA’s Web site at
https://www.epa.gov/pesticides/
cumulative.
D. Safety Factor for Infants and
Children
1. In general. Section 408(b)(2)(C) of
FFDCA provides that EPA shall apply
an additional tenfold (10X) margin of
safety for infants and children in the
case of threshold effects to account for
prenatal and postnatal toxicity and the
completeness of the database on toxicity
and exposure unless EPA determines
based on reliable data that a different
margin of safety will be safe for infants
and children. This additional margin of
safety is commonly referred to as the
Food Quality Protection Act (FQPA)
Safety Factor (SF). In applying this
provision, EPA either retains the default
value of 10X, or uses a different
additional safety factor when reliable
data available to EPA support the choice
of a different factor.
2. Prenatal and postnatal sensitivity.
The toxicological database is complete
with regard to pre-and postnatal
toxicity. Although there was evidence of
quantitative susceptibility in
developmental rat and rabbit toxicity
studies and qualitative susceptibility in
the reproduction study, the degree of
concern for the effects observed in the
studies is low. There are clear NOAELs/
LOAELs for the fetal/pup effects seen
and the effects in the developmental
and reproduction studies were observed
at levels significantly higher than the
current PODs selected for risk
assessment. Therefore, the acute and
chronic dietary risk assessments are
protective of potential fetal/offspring
effects.
3. Conclusion. EPA has determined
that reliable data show the safety of
infants and children would be
adequately protected if the FQPA SF
were reduced to 1X. That decision is
based on the following findings:
i. The toxicity database for
tricyclazole is complete with regard to
pre- and postnatal toxicity.
ii. The endpoints and doses selected
for risk assessment are protective of the
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increased qualitative susceptibility
observed in the reproduction study in
rats and the increased quantitative
susceptibility seen in the developmental
rat and rabbit studies; therefore the
degree of concern for the susceptibility
is low.
iii. The endpoints and doses selected
for risk assessment are also protective of
the observed clinical signs in the
database and neurotoxicity studies
(acute, subchronic, and developmental)
are not required; an immunotoxicity
study is also not required.
iv. There are no residual uncertainties
identified in the exposure databases.
The dietary food exposure assessments
were performed based on 100% CT and
tolerance-level residues. These
assessments will not underestimate the
exposure and risks posed by
tricyclazole.
IV. Other Considerations
A. Analytical Enforcement Methodology
Three methods have undergone
successful independent laboratory
validation for use as enforcement
analytical methods. The first method is
suitable for the analysis of both parent
tricyclazole and the alcohol metabolite.
It involves acid hydrolysis, extraction of
residues into dichloromethane, clean-up
by strong cation exchange (SCX) solidphase extraction, silylation of the
alcohol metabolite, and analysis by gas
chromatography/mass spectrometry
(GC/MS). The validated limit of
quantitation (LOQ) is 0.02 ppm for rice
grain, polished rice, and rice husks, and
0.05 ppm for rice forage, straw, and
processed byproducts. The remaining
two methods are multi-residue methods
(DFG S19 and modified QuEChERS).
DFG S19 uses acetone extraction, cleanup by partitioning and gel-permeation
chromatography (GPC), and analysis by
GC–MS. The validated LOQ is 0.02 ppm
(parent only). The modified QuEChERS
method uses acetonitrile/water
extraction, clean-up by solid-phase
partitioning, and analysis by liquid
chromatography/mass spectrometry
(LC–MS/MS). The validated LOQ is 0.01
ppm each for the parent compound and
the alcohol metabolite.
The method may be requested from:
Chief, Analytical Chemistry Branch,
Environmental Science Center, 701
Mapes Rd., Ft. Meade, MD 20755–5350;
telephone number: (410) 305–2905;
email address: residuemethods@
epa.gov.
B. International Residue Limits
In making its tolerance decisions, EPA
seeks to harmonize U.S. tolerances with
international standards whenever
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possible, consistent with U.S. food
safety standards and agricultural
practices. EPA considers the
international maximum residue limits
(MRLs) established by the Codex
Alimentarius Commission (Codex), as
required by FFDCA section 408(b)(4).
The Codex Alimentarius is a joint
United Nations Food and Agriculture
Organization/World Health
Organization food standards program,
and it is recognized as an international
food safety standards-setting
organization in trade agreements to
which the United States is a party. EPA
may establish a tolerance that is
different from a Codex MRL; however,
FFDCA section 408(b)(4) requires that
EPA explain the reasons for departing
from the Codex level. The Codex has not
established a MRL for tricyclazole in
rice.
C. Revisions to Petitioned-For
Tolerances
EPA has not revised the tolerance
levels, added or deleted tolerances, or
otherwise modified the petition as
proposed in the notice of filing.
However, EPA has added the
compliance statement which clarifies
that the parent compound, tricyclazole,
it so be measured for enforcement
purposes.
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V. Conclusion
Therefore, a tolerance is established
for residues of tricyclazole, 5-methyl1,2,4-triazolo[3,4-b] benzothiazole,
including its metabolites and
degradates, in or on rice, grain at 3.0
ppm. Compliance with the tolerance is
to be determined by measuring only
tricyclazole.
VI. Statutory and Executive Order
Reviews
This final rule establishes tolerances
under FFDCA section 408(d) in
response to a petition submitted to the
Agency. The Office of Management and
Budget (OMB) has exempted these types
of actions from review under Executive
Order 12866, entitled ‘‘Regulatory
Planning and Review’’ (58 FR 51735,
October 4, 1993). Because this final rule
has been exempted from review under
Executive Order 12866, this final 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) or Executive
Order 13045, entitled ‘‘Protection of
Children from Environmental Health
Risks and Safety Risks’’ (62 FR 19885,
April 23, 1997). This final rule does not
contain any information collections
subject to OMB approval under the
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Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), nor does it require
any special considerations under
Executive Order 12898, entitled
‘‘Federal Actions to Address
Environmental Justice in Minority
Populations and Low-Income
Populations’’ (59 FR 7629, February 16,
1994).
Since tolerances and exemptions that
are established on the basis of a petition
under FFDCA section 408(d), such as
the tolerance in this final rule, do not
require the issuance of a proposed rule,
the requirements of the Regulatory
Flexibility Act (RFA) (5 U.S.C. 601 et
seq.), do not apply.
This final rule directly regulates
growers, food processors, food handlers,
and food retailers, not States or tribes,
nor does this action alter the
relationships or distribution of power
and responsibilities established by
Congress in the preemption provisions
of FFDCA section 408(n)(4). As such,
the Agency has determined that this
action will not have a substantial direct
effect on States or tribal governments,
on the relationship between the national
government and the States or tribal
governments, or on the distribution of
power and responsibilities among the
various levels of government or between
the Federal Government and Indian
Tribes. Thus, the Agency has
determined that Executive Order 13132,
entitled ‘‘Federalism’’ (64 FR 43255,
August 10, 1999) and Executive Order
13175, entitled ‘‘Consultation and
Coordination with Indian Tribal
Governments’’ (65 FR 67249, November
9, 2000) do not apply to this final rule.
In addition, this final rule does not
impose any enforceable duty or contain
any unfunded mandate as described
under Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA) (2 U.S.C.
1501 et seq.).
This action does not involve any
technical standards that would require
Agency consideration of voluntary
consensus standards pursuant to section
12(d) of the National Technology
Transfer and Advancement Act of 1995
(NTTAA) (15 U.S.C. 272 note).
List of Subjects in 40 CFR Part 180
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
Dated: May 29, 2014.
Jack Housenger,
Director, Office of Pesticide Programs.
Therefore, 40 CFR chapter I is
amended as follows:
PART 180—[AMENDED]
1. The authority citation for part 180
continues to read as follows:
■
Authority: 21 U.S.C. 321(q), 346a and 371.
2. Section 180.678 is added to subpart
C to read as follows:
■
§ 180.678 Tricyclazole; tolerances for
residues.
(a) General. (1) Tolerances are
established for residues of the fungicide
tricyclazole, including its metabolites
and degradates, in or on the
commodities in the table below.
Compliance with the tolerance levels
specified below is to be determined by
measuring only tricyclazole (5-methyl1,2,4-triazolo[3,4-b ]benzothiazole).
Commodity
Parts
per million
Rice, grain 1 ..........................
3.0
1 There are no U.S. Registrations on Rice
as of June 11, 2014.
(b) Section 18 emergency exemptions.
[Reserved]
(c) Tolerances with regional
registrations. [Reserved]
(d) Indirect or inadvertent residues.
[Reserved]
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VII. Congressional Review Act
Pursuant to the Congressional Review
Act (5 U.S.C. 801 et seq.), 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 action is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
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Agencies
[Federal Register Volume 79, Number 112 (Wednesday, June 11, 2014)]
[Rules and Regulations]
[Pages 33465-33468]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2014-13404]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2012-0903; FRL-9910-39]
Tricyclazole; Pesticide Tolerances
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: This regulation establishes tolerances for residues of
tricyclazole in or on imported rice. Dow AgroSciences, LLC, requested
these tolerances under the Federal Food, Drug, and Cosmetic Act
(FFDCA).
DATES: This regulation is effective June 11, 2014. Objections and
requests for hearings must be received on or before August 11, 2014,
and must be filed in accordance with the instructions provided in 40
CFR part 178 (see also Unit I.C. of the SUPPLEMENTARY INFORMATION).
ADDRESSES: The docket for this action, identified by docket
identification (ID) number EPA-HQ-OPP-2012-0903, is available at https://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 (202) 566-1744, and the telephone number for the OPP
Docket is (703) 305-5805. Please review the visitor instructions and
additional information about the docket available at https://www.epa.gov/dockets.
FOR FURTHER INFORMATION CONTACT: Lois Rossi, Registration Division
(7505P), Office of Pesticide Programs, Environmental Protection Agency,
1200 Pennsylvania Ave. NW., Washington, DC 20460-0001; telephone
number: (703) 305-7090; email address: RDFRNotices@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
You may be potentially affected by this action if you are an
agricultural producer, food manufacturer, or pesticide manufacturer.
The following list of North American Industrial Classification System
(NAICS) codes is not intended to be exhaustive, but rather provides a
guide to help readers determine whether this document applies to them.
Potentially affected entities may include:
Crop production (NAICS code 111).
Animal production (NAICS code 112).
Food manufacturing (NAICS code 311).
Pesticide manufacturing (NAICS code 32532).
B. How can I get electronic access to other related information?
You may access a frequently updated electronic version of EPA's
tolerance regulations at 40 CFR part 180 through the Government
Printing Office's e-CFR site at https://www.ecfr.gov/cgi-bin/text-idx?&c=ecfr&tpl=/ecfrbrowse/Title40/40tab_02.tpl.
C. How can I file an objection or hearing request?
Under FFDCA section 408(g), 21 U.S.C. 346a, any person may file an
objection to any aspect of this regulation and may also request a
hearing on those objections. You must file your objection or request a
hearing on this regulation in accordance with the instructions provided
in 40 CFR part 178. To ensure proper receipt by EPA, you must identify
docket ID number EPA-HQ-OPP-2012-0903, in the subject line on the first
page of your submission. All objections and requests for a hearing must
be in writing, and must be received by the Hearing Clerk on or before
August 11, 2014. Addresses for mail and hand delivery of objections and
hearing requests are provided in 40 CFR 178.25(b).
In addition to filing an objection or hearing request with the
Hearing Clerk as described in 40 CFR part 178, please submit a copy of
the filing (excluding any Confidential Business Information (CBI)) for
inclusion in the public docket. Information not marked confidential
pursuant to 40 CFR part 2 may be disclosed publicly by EPA without
prior notice. Submit the non-CBI copy of your objection or hearing
request, identified by docket ID number EPA-HQ-OPP-2012-0903, by one of
the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Follow the online instructions for submitting comments. Do not submit
electronically any information you consider to be CBI or other
information whose disclosure is restricted by statute.
Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW., Washington, DC
20460-0001.
Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at https://www.epa.gov/dockets/contacts.html.
Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at https://www.epa.gov/dockets.
II. Summary of Petitioned-For Tolerance
In the Federal Register of January 16, 2013 (78 FR 3377) (FRL-9375-
4), EPA issued a document pursuant to FFDCA section 408(d)(3), 21
U.S.C. 346a(d)(3), announcing the filing of a pesticide petition (PP
2E8114) by Dow AgroSciences, LLC, 9330 Zionsville Road, Indianapolis,
IN 46268. The petition requested that 40 CFR part 180 be amended by
establishing tolerances for residues of the fungicide tricyclazole, 5-
methyl-1,2,4-triazolo[3.4-b] benzothiazole, including its metabolites
and degradates, in or on rice at 3.0 parts per million (ppm). That
document referenced a summary of the petition prepared by Dow
AgroSciences, LLC, the registrant, which is available in the docket,
https://www.regulations.gov. There were no comments received in response
to the notice of filing.
Tricyclazole is a new active ingredient and is not currently
registered or proposed for use in the United States. The only
anticipated exposure to tricyclazole residues is from the dietary
consumption of imported rice. Therefore, acute and chronic dietary
assessments were conducted for tricyclazole residues of concern in food
only.
Based upon review of the data supporting the petition, EPA has
determined that the parent compound, tricyclazole, is suitable as a
residue definition for purposes of both tolerance enforcement and risk
assessment in rice. This determination is based on tricyclazole being
the only major residue in rice grain and the observation that in
samples from field trials with quantifiable levels of the alcohol
metabolite, the metabolite is reduced to less than the level of
detection upon husking. EPA has not revised the tolerance proposed by
Dow in the notice of filing. EPA has added the compliance statement
which clarifies that only the parent compound is to be analyzed for
enforcement purposes.
[[Page 33466]]
III. Aggregate Risk Assessment and Determination of Safety
Section 408(b)(2)(A)(i) of FFDCA allows EPA to establish a
tolerance (the legal limit for a pesticide chemical residue in or on a
food) only if EPA determines that the tolerance is ``safe.'' Section
408(b)(2)(A)(ii) of FFDCA defines ``safe'' to mean that ``there is a
reasonable certainty that no harm will result from aggregate exposure
to the pesticide chemical residue, including all anticipated dietary
exposures and all other exposures for which there is reliable
information.'' This includes exposure through drinking water and in
residential settings, but does not include occupational exposure.
Section 408(b)(2)(C) of FFDCA requires EPA to give special
consideration to exposure of infants and children to the pesticide
chemical residue in establishing a tolerance and to ``ensure that there
is a reasonable certainty that no harm will result to infants and
children from aggregate exposure to the pesticide chemical residue. . .
.''
Consistent with FFDCA section 408(b)(2)(D), and the factors
specified in FFDCA section 408(b)(2)(D), EPA has reviewed the available
scientific data and other relevant information in support of this
action. EPA has sufficient data to assess the hazards of and to make a
determination on aggregate exposure for tricyclazole including exposure
resulting from the tolerances established by this action. EPA's
assessment of exposures and risks associated with tricyclazole follows.
A. Toxicological Profile
EPA has evaluated the available toxicity data and considered its
validity, completeness, and reliability as well as the relationship of
the results of the studies to human risk. EPA has also considered
available information concerning the variability of the sensitivities
of major identifiable subgroups of consumers, including infants and
children.
In oral rat and dog studies, decreased body weight was the primary
effect observed in the database; in oral mouse studies, effects were
mainly seen in the liver. In rats, decreased body weight was the only
treatment related effect seen in adult animals in the subchronic and
chronic studies, with body weight decreases occurring at a lower dose
after chronic exposure. Decreased body weight was also seen in adult
rats in developmental and reproduction studies. Other effects observed
in rats included clinical signs (weakness, cold body, piloerection) in
the developmental toxicity study at a dose similar to that in the
subchronic study where decreased body weight was noted. Brain weight
changes were also observed in rats in the chronic study; however, due
to inconsistency in the data the effects were not considered treatment
related. In dogs, decreased body weight was the only treatment related
effect observed after chronic exposure. In mice, mortality was seen
after 90 days, as well as hematological changes (increased WBC,
decreased lymphocyte count, increased neutrophil) and liver effects
(increased weights, enzymes, and histopathology). However, it is
noteworthy to mention that the 90-day subchronic study was considered
unacceptable due to numerous deficiencies. Increased mortality was not
observed in other toxicity studies in mice. After 10 months, only liver
effects (increased weights, microsomal activity, and histopathology)
were observed in mice and no treatment related effects were observed
after 1 year. However, chronic exposure in mice (cancer mouse study),
resulted in liver effects including, increased liver weights and liver
histopathology (acidophilic degeneration and fatty change) at doses
lower than those producing liver effects in the shorter term mouse
studies.
Delayed ossification was observed in fetuses in the rabbit
developmental study while decreased body weight was observed in fetuses
in the rat developmental study. The effects were seen in the absence of
maternal toxicity indicating quantitative susceptibility. In the rat
reproduction study, offspring effects included pup death (post-natal
day (PND 1-4)), decreases in pup body weight, and an increase in the
number of small pups in the presence of less severe maternal toxicity
(decreased body weight) indicating qualitative susceptibility. Although
susceptibility was observed in the developmental/reproduction studies,
the doses and endpoints selected for risk assessment are protective and
the degree of concern for the susceptibility observed in the studies is
low. The Agency has classified tricyclazole as ``Not Likely to be
Carcinogenic to Humans.'' There were no treatment-related increases in
tumors observed in the submitted carcinogenicity studies in rats and/or
mice.
Neurotoxicity (acute, subchronic, and developmental) and
immunotoxicity studies are not available for tricyclazole. However,
EPA, using a weight of the evidence (WOE) approach, concluded that
these studies are not required. Dermal toxicity and dermal penetration
studies are also not available for tricyclazole. However, these studies
are not required to support import tolerances.
Specific information on the studies received and the nature of the
adverse effects caused by tricyclazole as well as the no-observed-
adverse-effect-level (NOAEL) and the lowest-observed-adverse-effect-
level (LOAEL) from the toxicity studies can be found at https://www.regulations.gov on pages 22-28, in the document titled,
``Tricyclazole: Human Health Risk Assessment for the Establishment of
Tolerances with No U.S. Registration for the New Fungicide in/on
Imported Rice'' in docket ID number EPA-HQ-OPP-2012-0903.
B. Toxicological Points of Departure/Levels of Concern
Once a pesticide's toxicological profile is determined, EPA
identifies toxicological points of departure (POD) and levels of
concern (LOC) to use in evaluating the risk posed by human exposure to
the pesticide. For hazards that have a threshold below which there is
no appreciable risk, the toxicological POD is used as the basis for
derivation of reference values for risk assessment. PODs are developed
based on a careful analysis of the doses in each toxicological study to
determine the dose at which no adverse effects are observed (the NOAEL)
and the lowest dose at which adverse effects of concern are identified
(the LOAEL). Uncertainty/safety factors are used in conjunction with
the POD to calculate a safe exposure level--generally referred to as a
population-adjusted dose (PAD) or a reference dose (RfD)--and a safe
margin of exposure (MOE). For non-threshold risks, the Agency assumes
that any amount of exposure will lead to some degree of risk. Thus, the
Agency estimates risk in terms of the probability of an occurrence of
the adverse effect expected in a lifetime. For more information on the
general principles EPA uses in risk characterization and a complete
description of the risk assessment process, see https://www.epa.gov/pesticides/factsheets/riskassess.htm.
Since the proposed uses of tricyclazole are all non-domestic, there
is no potential for drinking water, occupational, and/or residential
exposure, and the only anticipated exposure to tricyclazole is dietary
exposure through consumption of imported rice. Therefore, endpoints and
PODs were only selected for acute and chronic dietary risk assessment.
For acute dietary risk assessment (all populations including
females 13-49), the no observed adverse effect level (NOAEL) of 7
milligrams/kilogram/day (mg/kg/day) was selected from a
[[Page 33467]]
reproduction study in rats. An increased incidence of pup death was
seen at the lowest observed adverse effect level (LOAEL) of 26.7 mg/kg/
day. Decreased pup weight and small pups were also observed at the
LOAEL but were not considered to be single dose effects.
For chronic dietary exposure, a NOAEL of 6.67 mg/kg/day was
selected from a cancer study in mice based on liver effects observed at
the LOAEL of 21.8 mg/kg/day. For acute and chronic dietary risk
assessments, a 100X uncertainty factor was applied (interspecies factor
of 10X and intraspecies factor of 10X).
C. Exposure Assessment
1. Dietary exposure from food and feed uses. In evaluating dietary
exposure to tricyclazole, EPA considered exposure under the petitioned-
for tolerances. EPA assessed dietary exposures from tricyclazole in
food as follows:
i. Acute and chronic exposure. Acute and chronic dietary (food
only) exposure assessments were conducted with the Dietary Exposure
Evaluation Model (DEEM-FCID), Version 3.16. This software uses 2003-
2008 food consumption data from the U.S. Department of Agriculture's
(USDA's) National Health and Nutrition Examination Survey, What We Eat
in America (NHANES/WWEIA). Conservative acute and chronic exposure
analyses were performed for the general U.S. population and population
subgroups. Recommended tolerance-level residues were used to estimate
dietary exposure. The analyses assumed 100% of imported rice is
treated.
ii. Cancer. Based on the data summarized in Unit III.A., EPA has
concluded that tricyclazole does not pose a cancer risk to humans.
Therefore, a dietary exposure assessment for the purpose of assessing
cancer risk is unnecessary.
iii. Anticipated residue and percent crop treated (PCT)
information. EPA did not use anticipated residue and/or PCT information
in the dietary assessment for tricyclazole. Tolerance level residues
and/or 100% CT were assumed for all food commodities.
2. Cumulative effects from substances with a common mechanism of
toxicity. Section 408(b)(2)(D)(v) of FFDCA requires that, when
considering whether to establish, modify, or revoke a tolerance, the
Agency consider ``available information'' concerning the cumulative
effects of a particular pesticide's residues and ``other substances
that have a common mechanism of toxicity.''
EPA has not found tricyclazole to share a common mechanism of
toxicity with any other substances, and tricyclazole does not appear to
produce a toxic metabolite produced by other substances. For the
purposes of this tolerance action, therefore, EPA has assumed that
tricyclazole does not have a common mechanism of toxicity with other
substances. For information regarding EPA's efforts to determine which
chemicals have a common mechanism of toxicity and to evaluate the
cumulative effects of such chemicals, see EPA's Web site at https://www.epa.gov/pesticides/cumulative.
D. Safety Factor for Infants and Children
1. In general. Section 408(b)(2)(C) of FFDCA provides that EPA
shall apply an additional tenfold (10X) margin of safety for infants
and children in the case of threshold effects to account for prenatal
and postnatal toxicity and the completeness of the database on toxicity
and exposure unless EPA determines based on reliable data that a
different margin of safety will be safe for infants and children. This
additional margin of safety is commonly referred to as the Food Quality
Protection Act (FQPA) Safety Factor (SF). In applying this provision,
EPA either retains the default value of 10X, or uses a different
additional safety factor when reliable data available to EPA support
the choice of a different factor.
2. Prenatal and postnatal sensitivity. The toxicological database
is complete with regard to pre-and postnatal toxicity. Although there
was evidence of quantitative susceptibility in developmental rat and
rabbit toxicity studies and qualitative susceptibility in the
reproduction study, the degree of concern for the effects observed in
the studies is low. There are clear NOAELs/LOAELs for the fetal/pup
effects seen and the effects in the developmental and reproduction
studies were observed at levels significantly higher than the current
PODs selected for risk assessment. Therefore, the acute and chronic
dietary risk assessments are protective of potential fetal/offspring
effects.
3. Conclusion. EPA has determined that reliable data show the
safety of infants and children would be adequately protected if the
FQPA SF were reduced to 1X. That decision is based on the following
findings:
i. The toxicity database for tricyclazole is complete with regard
to pre- and postnatal toxicity.
ii. The endpoints and doses selected for risk assessment are
protective of the increased qualitative susceptibility observed in the
reproduction study in rats and the increased quantitative
susceptibility seen in the developmental rat and rabbit studies;
therefore the degree of concern for the susceptibility is low.
iii. The endpoints and doses selected for risk assessment are also
protective of the observed clinical signs in the database and
neurotoxicity studies (acute, subchronic, and developmental) are not
required; an immunotoxicity study is also not required.
iv. There are no residual uncertainties identified in the exposure
databases. The dietary food exposure assessments were performed based
on 100% CT and tolerance-level residues. These assessments will not
underestimate the exposure and risks posed by tricyclazole.
IV. Other Considerations
A. Analytical Enforcement Methodology
Three methods have undergone successful independent laboratory
validation for use as enforcement analytical methods. The first method
is suitable for the analysis of both parent tricyclazole and the
alcohol metabolite. It involves acid hydrolysis, extraction of residues
into dichloromethane, clean-up by strong cation exchange (SCX) solid-
phase extraction, silylation of the alcohol metabolite, and analysis by
gas chromatography/mass spectrometry (GC/MS). The validated limit of
quantitation (LOQ) is 0.02 ppm for rice grain, polished rice, and rice
husks, and 0.05 ppm for rice forage, straw, and processed byproducts.
The remaining two methods are multi-residue methods (DFG S19 and
modified QuEChERS). DFG S19 uses acetone extraction, clean-up by
partitioning and gel-permeation chromatography (GPC), and analysis by
GC-MS. The validated LOQ is 0.02 ppm (parent only). The modified
QuEChERS method uses acetonitrile/water extraction, clean-up by solid-
phase partitioning, and analysis by liquid chromatography/mass
spectrometry (LC-MS/MS). The validated LOQ is 0.01 ppm each for the
parent compound and the alcohol metabolite.
The method may be requested from: Chief, Analytical Chemistry
Branch, Environmental Science Center, 701 Mapes Rd., Ft. Meade, MD
20755-5350; telephone number: (410) 305-2905; email address:
residuemethods@epa.gov.
B. International Residue Limits
In making its tolerance decisions, EPA seeks to harmonize U.S.
tolerances with international standards whenever
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possible, consistent with U.S. food safety standards and agricultural
practices. EPA considers the international maximum residue limits
(MRLs) established by the Codex Alimentarius Commission (Codex), as
required by FFDCA section 408(b)(4). The Codex Alimentarius is a joint
United Nations Food and Agriculture Organization/World Health
Organization food standards program, and it is recognized as an
international food safety standards-setting organization in trade
agreements to which the United States is a party. EPA may establish a
tolerance that is different from a Codex MRL; however, FFDCA section
408(b)(4) requires that EPA explain the reasons for departing from the
Codex level. The Codex has not established a MRL for tricyclazole in
rice.
C. Revisions to Petitioned-For Tolerances
EPA has not revised the tolerance levels, added or deleted
tolerances, or otherwise modified the petition as proposed in the
notice of filing. However, EPA has added the compliance statement which
clarifies that the parent compound, tricyclazole, it so be measured for
enforcement purposes.
V. Conclusion
Therefore, a tolerance is established for residues of tricyclazole,
5-methyl-1,2,4-triazolo[3,4-b] benzothiazole, including its metabolites
and degradates, in or on rice, grain at 3.0 ppm. Compliance with the
tolerance is to be determined by measuring only tricyclazole.
VI. Statutory and Executive Order Reviews
This final rule establishes tolerances under FFDCA section 408(d)
in response to a petition submitted to the Agency. The Office of
Management and Budget (OMB) has exempted these types of actions from
review under Executive Order 12866, entitled ``Regulatory Planning and
Review'' (58 FR 51735, October 4, 1993). Because this final rule has
been exempted from review under Executive Order 12866, this final 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) or Executive Order 13045, entitled
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997). This final rule does not contain
any information collections subject to OMB approval under the Paperwork
Reduction Act (PRA) (44 U.S.C. 3501 et seq.), nor does it require any
special considerations under Executive Order 12898, entitled ``Federal
Actions to Address Environmental Justice in Minority Populations and
Low-Income Populations'' (59 FR 7629, February 16, 1994).
Since tolerances and exemptions that are established on the basis
of a petition under FFDCA section 408(d), such as the tolerance in this
final rule, do not require the issuance of a proposed rule, the
requirements of the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et
seq.), do not apply.
This final rule directly regulates growers, food processors, food
handlers, and food retailers, not States or tribes, nor does this
action alter the relationships or distribution of power and
responsibilities established by Congress in the preemption provisions
of FFDCA section 408(n)(4). As such, the Agency has determined that
this action will not have a substantial direct effect on States or
tribal governments, on the relationship between the national government
and the States or tribal governments, or on the distribution of power
and responsibilities among the various levels of government or between
the Federal Government and Indian Tribes. Thus, the Agency has
determined that Executive Order 13132, entitled ``Federalism'' (64 FR
43255, August 10, 1999) and Executive Order 13175, entitled
``Consultation and Coordination with Indian Tribal Governments'' (65 FR
67249, November 9, 2000) do not apply to this final rule. In addition,
this final rule does not impose any enforceable duty or contain any
unfunded mandate as described under Title II of the Unfunded Mandates
Reform Act of 1995 (UMRA) (2 U.S.C. 1501 et seq.).
This action does not involve any technical standards that would
require Agency consideration of voluntary consensus standards pursuant
to section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (NTTAA) (15 U.S.C. 272 note).
VII. Congressional Review Act
Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.),
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 action 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 procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.
Dated: May 29, 2014.
Jack Housenger,
Director, Office of Pesticide Programs.
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 180.678 is added to subpart C to read as follows:
Sec. 180.678 Tricyclazole; tolerances for residues.
(a) General. (1) Tolerances are established for residues of the
fungicide tricyclazole, including its metabolites and degradates, in or
on the commodities in the table below. Compliance with the tolerance
levels specified below is to be determined by measuring only
tricyclazole (5-methyl-1,2,4-triazolo[3,4-b ]benzothiazole).
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Parts per
Commodity million
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Rice, grain \1\........................................ 3.0
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\1\ There are no U.S. Registrations on Rice as of June 11, 2014.
(b) Section 18 emergency exemptions. [Reserved]
(c) Tolerances with regional registrations. [Reserved]
(d) Indirect or inadvertent residues. [Reserved]
[FR Doc. 2014-13404 Filed 6-10-14; 8:45 am]
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