[Federal Register Volume 79, Number 112 (Wednesday, June 11, 2014)]
[Rules and Regulations]
[Pages 33465-33468]
From the Federal Register Online via the Government Publishing 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 http://www.regulations.gov or at the Office of Pesticide Programs Regulatory 
Public Docket (OPP Docket) in the Environmental Protection Agency 
Docket Center (EPA/DC), West William Jefferson Clinton Bldg., Rm. 3334, 
1301 Constitution Ave. NW., Washington, DC 20460-0001. The Public 
Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through 
Friday, excluding legal holidays. The telephone number for the Public 
Reading Room is (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 http://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: [email protected].

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 http://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: http://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 http://www.epa.gov/dockets/contacts.html.
    Additional instructions on commenting or visiting the docket, along 
with more information about dockets generally, is available at http://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, 
http://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 http://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 http://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 http://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: 
[email protected].

B. International Residue Limits

    In making its tolerance decisions, EPA seeks to harmonize U.S. 
tolerances with international standards whenever

[[Page 33468]]

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).

------------------------------------------------------------------------
                                                            Parts  per
                       Commodity                             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]

[FR Doc. 2014-13404 Filed 6-10-14; 8:45 am]
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