Rule2026-03938
Pyridate; Pesticide Tolerances
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
February 27, 2026
Effective
February 27, 2026
Issuing agencies
Environmental Protection Agency
Abstract
This regulation revises a use of pyridate on mint (with tolerances on mint, fresh leaves and mint, dried leaves); a crop group expansion to field corn subgroup 15-22C; and a crop group conversion to vegetable, brassica, head and stem, group 5-16, which includes a tolerance on orphan crop kohlrabi. The Interregional Project Number 4 (IR-4) requested this tolerance under the Federal Food, Drug, and Cosmetic Act (FFDCA).
Full Text
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<title>Federal Register, Volume 91 Issue 39 (Friday, February 27, 2026)</title>
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[Federal Register Volume 91, Number 39 (Friday, February 27, 2026)]
[Rules and Regulations]
[Pages 9718-9722]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-03938]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 180
[EPA-HQ-OPP-2023-0554; FRL-13184-01-OCSPP]
Pyridate; Pesticide Tolerances
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: This regulation revises a use of pyridate on mint (with
tolerances on mint, fresh leaves and mint, dried leaves); a crop group
expansion to field corn subgroup 15-22C; and a crop group conversion to
vegetable, brassica, head and stem, group 5-16, which includes a
tolerance on orphan crop kohlrabi. The Interregional Project Number 4
(IR-4) requested this tolerance under the Federal Food, Drug, and
Cosmetic Act (FFDCA).
DATES: This regulation is effective February 27, 2026. Objections and
requests for hearings must be received on or before April 28, 2026, 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-2023-0554, is available at <a href="http://www.regulations.gov">http://www.regulations.gov</a> or in-person 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 and the OPP Docket is (202) 566-1744. For the latest
status information on EPA/DC services, docket access, visit <a href="https://www.epa.gov/dockets">https://www.epa.gov/dockets</a>.
FOR FURTHER INFORMATION CONTACT: Charles Smith, Director, Registration
Division (7505T), Office of Pesticide Programs, Environmental
Protection Agency, 1200 Pennsylvania Ave. NW, Washington, DC 20460-
0001; main telephone number: (202) 566-1030; email address:
<a href="/cdn-cgi/l/email-protection#2f7d6b697d61405b464c4a5c6f4a5f4e01484059"><span class="__cf_email__" data-cfemail="faa8bebca8b4958e93999f89ba9f8a9bd49d958c">[email protected]</span></a>.
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:
<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. How can I get electronic access to other related information?
You may access a frequently updated electronic version of EPA's
tolerance
[[Page 9719]]
regulations at 40 CFR part 180 through the Federal Register's e-CFR
site at <a href="https://www.ecfr.gov/current/title-40">https://www.ecfr.gov/current/title-40</a>.
C. How can I file an objection or hearing request?
Under FFDCA section 408(g), 21 U.S.C. 346a(g), 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-2023-0554 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
April 28, 2026. Addresses for mail and hand delivery of objections and
hearing requests are provided in 40 CFR 178.25(b).
EPA's Office of Administrative Law Judges (OALJ), in which the
Hearing Clerk is housed, urges parties to file and serve documents by
electronic means only, notwithstanding any other particular
requirements set forth in other procedural rules governing those
proceedings. See ``Revised Order Urging Electronic Service and
Filing'', dated June 22, 2023, which can be found at <a href="https://www.epa.gov/system/files/documents/2023-06/2023-06-22%20-%20revised%20order%20urging%20electronic%20filing%20and%20service.pdf">https://www.epa.gov/system/files/documents/2023-06/2023-06-22%20-%20revised%20order%20urging%20electronic%20filing%20and%20service.pdf</a>.
Although EPA's regulations require submission via U.S. Mail or hand
delivery, EPA intends to treat submissions filed via electronic means
as properly filed submissions; therefore, EPA believes the preference
for submission via electronic means will not be prejudicial. When
submitting documents to the OALJ electronically, a person should
utilize the OALJ e-filing system at <a href="https://yosemite.epa.gov/OA/EAB/EAB-ALJ_Upload.nsf/HomePage?ReadForm">https://yosemite.epa.gov/OA/EAB/EAB-ALJ_Upload.nsf/HomePage?ReadForm</a>.
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-2023-0554, by one of
the following methods:
<bullet> Federal eRulemaking Portal: <a href="http://www.regulations.gov">http://www.regulations.gov</a>.
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.
<bullet> Mail: OPP Docket, Environmental Protection Agency Docket
Center (EPA/DC), (28221T), 1200 Pennsylvania Ave. NW, Washington, DC
20460-0001.
<bullet> Hand Delivery: To make special arrangements for hand
delivery or delivery of boxed information, please follow the
instructions at <a href="http://www.epa.gov/dockets/where-send-comments-epa-dockets">http://www.epa.gov/dockets/where-send-comments-epa-dockets</a>.
Additional instructions on commenting or visiting the docket, along
with more information about dockets generally, is available at <a href="http://www.epa.gov/dockets">http://www.epa.gov/dockets</a>.
II. Summary of Petitioned-For Tolerance
In the Federal Register of July 1, 2024 (89 FR 54398) (FRL-11682-
05-OCSPP), 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
(PP3E9077) by Interregional Project Number 4 (IR-4), North Carolina
State University, 1730 Varsity Drive, Venture IV, Suite 210 Raleigh, NC
27606. The petition requested that 40 CFR 180.462 be amended to
establish tolerances for residues of the herbicide pyridate, O-(6-
chloro-3-phenyl-4-pyridazinyl)-S-octyl-carbonothioate, and its
metabolites, 6-chloro-3-phenyl-pyridazine-4-ol and conjugates of 6-
chloro-3-phenyl-pyridazine-4-ol, calculated as the stoichiometric
equivalent of pyridate, in or on the raw agricultural commodities:
field corn subgroup 15-22C at 0.03 ppm; kohlrabi at 0.03 ppm; mint,
dried leaves at 15 ppm; mint, fresh leaves at 3 ppm; and vegetable,
brassica, head and stem, group 5-16 at 0.03 ppm. Upon establishment of
the aforementioned tolerances, the petition requested the removal of
the established tolerances for the residues of pyridate, including its
metabolites and degradates, in or on the following commodities:
brassica, head and stem, subgroup 5A at 0.03 parts per million (ppm);
cabbage at 0.03 ppm; corn, field, grain at 0.03 ppm; corn, pop, grain
at 0.03 ppm; peppermint, tops at 0.20 ppm; and spearmint, tops at 0.20
ppm. That document referenced a summary of the petition prepared by IR-
4, the petitioner, which is available in the docket, <a href="http://www.regulations.gov">http://www.regulations.gov</a>. There were no comments received in response to the
notice of filing.
Based upon review of the data supporting the petition and in
accordance with its authority under FFDCA section 408(d)(4)(A)(i), EPA
is establishing the tolerances for residues of pyridate on mint, dried
and mint, fresh at a different level than petitioned-for. The reasons
for these changes are explained in Unit IV.C.
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 therein, 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 pyridate including exposure resulting from the
tolerances established by this action. EPA's assessment of exposures
and risks associated with pyridate follows.
In an effort to streamline its publications in the Federal
Register, EPA is not reprinting sections that repeat what has been
previously published for tolerance rulemakings for the same pesticide
chemical. Where scientific information concerning a particular chemical
remains unchanged, the content of those sections would not vary between
tolerance rulemakings, and EPA considers referral back to those
sections as sufficient to provide an explanation of the information EPA
considered in making its safety determination of the new rulemaking.
EPA has previously published a number of tolerance rulemakings for
pyridate in which EPA concluded, based on the available information,
that there is a reasonable certainty that no harm would result from
aggregate exposure to pyridate and established a tolerance for residues
of that chemical. EPA is incorporating previously
[[Page 9720]]
published sections from those rulemakings as described further in this
rulemaking, as they remain unchanged.
A. Toxicological Profile
Since the toxicological doses and endpoints for pyridate have not
changed since the most recent risk assessment, see Unit III.A. of the
May 25, 2022 rulemaking (87 FR 31738) (FRL-9298-02-OCSPP) for a
discussion of the Toxicological Profile.
B. Toxicological Points of Departure/Levels of Concern
For a summary of the Toxicological Points of Departure/Levels of
Concern for pyridate used for human health risk assessment, see Unit
III.B. of the May 25, 2022, rulemaking.
C. Exposure Assessment
Much of the exposure assessment remains unchanged from the previous
rulemakings, although updates have occurred to accommodate for
exposures from the petitioned-for tolerance and additional exposures
from the tolerances established since the May 25, 2022, rulemaking. For
a description of EPA's approach to and assumptions for the exposure
assessment, refer to Unit III.C. of the May 25, 2022 rulemaking.
EPA's dietary exposure assessments have been updated to include the
additional exposure from the new use of pyridate in or on mint, dried
leaves; mint, fresh leaves; field corn subgroup 15-22C; kohlrabi; and
vegetable, brassica, head and stem, group 5-16 and the exposure
assessed in rulemakings since 2022. In conducting the acute and chronic
dietary exposure assessments, EPA used the Dietary Exposure Evaluation
Model software using the Food Commodity Intake Database (DEEM-FCID),
Version 4.02, which uses the 2005-2010 food consumption data from the
United States Department of Agriculture (USDA) National Health and
Nutrition Examination Survey, What We Eat in America (NHANES/WWEIA).
The acute and chronic dietary exposure assessments are unrefined,
assuming tolerance-level residues and 100 percent crop treated (PCT).
D. Drinking Water Exposure
The new use does not result in an increase in the estimated residue
levels in drinking water, so EPA used the same estimated drinking water
concentrations in the acute and chronic dietary exposure assessments as
identified in Unit III.C.2 of the May 25, 2022 rulemaking.
E. Non-Occupational Exposure
Non-occupational short-term exposures resulting from spray drift
from agricultural applications onto residential areas may occur.
Occupational handler and post-application exposures are expected based
on the existing use pattern. Based on the use patterns (i.e., one to
two applications per season), resistance management practices, and the
duration of exposure for the proposed food use, exposure is expected to
be short-term (1 to 30 days) and intermediate-term (1 to 6 months).
Long-term exposures (greater than 6 months) are not anticipated. While
there are currently registered uses of pyridate that could result in
the potential for occupational, residential, and non-occupational
bystander spray drift exposures, the proposed tolerance and PHI
adjustments are not expected to result in greater exposures than those
calculated in the previously assessed non-dietary exposure pathways.
F. Cumulative Exposure
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.'' Unlike other pesticides for which EPA
has followed a cumulative risk approach based on a common mechanism of
toxicity, EPA has not made a common mechanism of toxicity finding as to
pyridate and any other substances and pyridate does not appear to
produce a toxic metabolite produced by other substances. For the
purposes of this action, therefore, EPA has not assumed that pyridate
has a common mechanism of toxicity with other substances.
G. Safety Factor for Infants and Children
Section 408(b)(2)(C) requires the application of an additional
tenfold margin of safety to account for potential risks to infants and
children, in the case of threshold effects. EPA continues to conclude
that there are reliable data to support the reduction of the Food
Quality Protection Act (FQPA) safety factor from 10X to 1X. See Unit
III.D. of the May 25, 2022 rulemaking for a discussion of the Agency's
rationale for that determination.
H. Aggregate Risks and Determination of Safety
EPA determines whether acute and chronic dietary pesticide
exposures are safe by comparing dietary exposure estimates to the acute
population adjusted dose (aPAD) and the chronic population adjusted
dose (cPAD). Short-, intermediate-, and chronic term aggregate risks
are evaluated by comparing the estimated total food, water, and
residential exposure to the appropriate points of departure to ensure
that an adequate margin of exposure (MOE) exists.
The unrefined acute dietary risk estimates are below the Agency's
level of concern (<100% aPAD) at the 95th exposure percentile for the
general U.S. population (15% of the aPAD) and for all infants (<1-year-
old) (53% of the aPAD), the most highly exposed population subgroup.
Chronic dietary risks are below the Agency's level of concern of 100%
of the cPAD; they are 31% of the cPAD for children 1 to 2 years old,
the population group with the highest estimated exposure. There is no
short- or intermediate-term residential exposure expected since there
are no proposed or previously registered residential uses of pyridate.
Therefore, the chronic aggregate risks consist only of the dietary
risks from food and water and as stated above, are below the Agency's
level of concern.
Pyridate is classified as ``not likely to be carcinogenic to
humans''; therefore, a cancer dietary assessment is not needed.
Therefore, based on the risk assessments and information described
above, EPA concludes there is a reasonable certainty that no harm will
result to the general population, or to infants and children, from
aggregate exposure to pyridate residues, including its metabolites and
degradates. More detailed information about the Agency's analysis can
be found at <a href="https://www.regulations.gov">https://www.regulations.gov</a> in the document titled
``Pyridate. Human Health Risk Assessment for the Interregional Research
Project No. 4 (IR-4) Proposed New Tolerances for Residues in/on Mint
and Crop Group Expansions for Brassica Head and Stem Group 5-16, Field
Corn Subgroup 15-22C, and Kohlrabi.'' in docket ID number EPA-HQ-OPP-
2023-0554.
IV. Other Considerations
A. Analytical Enforcement Methodology
For a discussion of the available analytical enforcement method,
see Unit IV.A. of the May 25, 2022, rulemaking.
B. International Residue Limits
In making its tolerance decisions, EPA seeks to harmonize U.S.
tolerances with international standards whenever possible, consistent
with U.S. food safety standards and agricultural practices. EPA
considers the
[[Page 9721]]
international maximum residue limits (MRLs) established by the Codex
Alimentarius Commission (Codex), as required by FFDCA section
408(b)(4).
There are currently no Codex MRLs established for residues of
pyridate. Canadian MRLs are established for residues of pyridate on
mint commodities at the same level as the existing U.S. tolerances. As
this action is a joint review between PMRA and EPA, the revised mint
tolerances will be harmonized between the U.S. and Canada. Therefore,
there are no issues with harmonization.
C. Revisions to Petitioned for Tolerances
EPA is establishing tolerances for mint, dried leaves and mint,
fresh leaves at different levels than requested to harmonize with the
Codex MRL.
For mint, dried leaves, IR-4 requested a tolerance of 15 ppm and
for mint, fresh leaves, IR-4 requested a tolerance of 3 ppm. EPA is
establishing the tolerance for mint, dried leaves at 30 ppm and for
mint, fresh leaves at 6 ppm based on the OECD calculation procedures,
after residue values were corrected due to dissipation during frozen
storage so the levels recommended by EPA are higher than those proposed
by the petitioner.
V. Conclusion
Therefore, tolerances are established for residues of pyridate,
including its metabolites and degradates, in or on field corn subgroup
15-22C at 0.03 ppm; kohlrabi at 0.03 ppm; mint, dried leaves at 30 ppm;
mint, fresh leaves at 6 ppm; and vegetable, brassica, head and stem,
group 5-16 at 0.03 ppm.
VI. Statutory and Executive Order Reviews
Additional information about these statutes and Executive Orders
can be found at <a href="https://www.epa.gov/regulations/and-executive-orders">https://www.epa.gov/regulations/and-executive-orders</a>.
A. Executive Order 12866: Regulatory Planning and Review
This action is exempt from review under Executive Order 12866 (58
FR 51735, October 4, 1993), because it establishes or modifies a
pesticide tolerance or a tolerance exemption under FFDCA section 408 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.
B. Executive Order 14192: Unleashing Prosperity Through Deregulation
Executive Order 14192 (90 FR 9065, February 6, 2025) does not apply
because actions that establish a tolerance under FFDCA section 408 are
exempted from review under Executive Order 12866.
C. Paperwork Reduction Act (PRA)
This action does not impose an information collection burden under
the PRA 44 U.S.C. 3501 et seq., because it does not contain any
information collection activities.
D. Regulatory Flexibility Act (RFA)
Since tolerance actions 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 RFA, 5 U.S.C. 601 et seq., do not apply to this
action.
E. Unfunded Mandates Reform Act (UMRA)
This action does not contain an unfunded mandate of $100 million or
more (in 1995 dollars and adjusted annually for inflation) as described
in UMRA, 2 U.S.C. 1531-1538, and does not significantly or uniquely
affect small governments. The action imposes no enforceable duty on any
State, local, or Tribal governments or on the private sector.
F. Executive Order 13132: Federalism
This action does not have federalism implications as specified in
Executive Order 13132 (64 FR 43255, August 10, 1999), because it will
not have substantial direct effects on the States, on the relationship
between the National Government and the States, or on the distribution
of power and responsibilities among the various levels of government.
G. 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 substantial direct effects 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.
H. Executive Order 13045: Protection of Children From Environmental
Health Risks and Safety Risks
This action is not subject to Executive Order 13045 (62 FR 19885,
April 23, 1997) because tolerance actions like this one are exempt from
review under Executive Order 12866. However, EPA's 2021 Policy on
Children's Health applies to this action. This rule finalizes tolerance
actions under the FFDCA, which 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 . .
.'' (FFDCA 408(b)(2)(C)). The Agency's consideration is summarized in
Unit III.G.
I. Executive Order 13211: Actions Concerning Regulations 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.
J. National Technology Transfer Advancement Act (NTTAA)
This action does not involve technical standards that would require
Agency consideration under NTTAA section 12(d), 15 U.S.C. 272.
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
Environmental protection, Administrative practice and procedure,
Agricultural commodities, Pesticides and pests, Reporting and
recordkeeping requirements.
Dated: February 9, 2026.
Charles Smith,
Director, Registration Division, Office of Pesticide Programs.
Therefore, for the reasons stated in the preamble, EPA is amending
40 CFR chapter I 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.
0
2. In Sec. 180.462, amend table 1 to paragraph (a) by:
0
a. Removing the entries for ``Brassica, head and stem, subgroup 5A'',
[[Page 9722]]
``Cabbage'', ``Corn, field, grain'', ``Corn, pop, grain'';
0
b. Adding in alphabetical order the entries for ``Field corn subgroup
15-22C'', ``Kohlrabi'', ``Mint, dried leaves'', ``Mint, fresh leaves'';
0
c. Removing the entries for ``Peppermint, tops'' and ``Spearmint,
tops''; and
0
d. Adding in alphabetical order the entry for ``Vegetable, brassica,
head and stem, group 5-16''.
The additions read as follows:
Sec. 180.462 Pyridate; tolerances for residues.
(a) * * *
Table 1 to Paragraph (a)
------------------------------------------------------------------------
Parts per
Commodity million
------------------------------------------------------------------------
* * * * *
Field corn subgroup 15-22C.................................. 0.03
* * * * *
Kohlrabi.................................................... 0.03
* * * * *
Mint, dried leaves.......................................... 30
Mint, fresh leaves.......................................... 6
* * * * *
Vegetable, brassica, head and stem, group 5-16.............. 0.03
* * * * *
------------------------------------------------------------------------
* * * * *
[FR Doc. 2026-03938 Filed 2-26-26; 8:45 am]
BILLING CODE 6560-50-P
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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.