[Federal Register Volume 63, Number 34 (Friday, February 20, 1998)]
[Rules and Regulations]
[Pages 8577-8578]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-4186]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 157

[OPP-250125; FRL-5764-3]


Termite Insecticide Bait Stations; Exemption From Adult Portion 
of Child-Resistant Testing Specifications

AGENCY: Environmental Protection Agency (EPA).

ACTION: Exemption Order.

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SUMMARY: This Order grants a 5-year exemption from the senior-adult 
test and younger-adult test effectiveness specifications, described in 
16 CFR 1700.15(b)(2) (Ease of adult opening), for prefilled, 
nonrefillable termite insecticide bait stations not designed or 
intended to be opened or activated in a manner that exposes the 
contents to human contact. Products qualifying for this exemption must 
still fully comply with all other child-resistant packaging (CRP) 
effectiveness, compatibility, and durability standards, as well as all 
other requirements of 40 CFR part 157. CRP certification for products 
relying on this exemption must specify that the package does not comply 
with the senior and younger adult effectiveness specifications per this 
exemption. This exemption was requested by Griffin Corporation and FMC 
APG Specialty Products, who suggested that a package that does not 
require opening or activation to put into use should not require adult 
ease of opening testing.

DATES: This exemption Order becomes effective on February 20, 1998 and 
expires on February 20, 2003.

FOR FURTHER INFORMATION CONTACT: Rosalind L. Gross, Registration 
Division (7505C), Office of Pesticide Programs, Environmental 
Protection Agency, 401 M St., SW., Washington, DC 20460, Telephone 
number: (703) 308-7368, e-mail: [email protected].

SUPPLEMENTARY INFORMATION: Griffin Corporation and FMC APG Specialty 
Products requested an exemption from the senior-adult test and younger-
adult test effectiveness specifications, described in 16 CFR 
1700.15(b)(2) (Ease of adult opening), for prefilled, nonrefillable 
termite insecticide bait stations that are not designed or intended to 
be opened or activated in a manner that exposes the contents to human 
contact.

I. Background

    FIFRA 25(c)(3) requires EPA's CRP standards to be consistent with 
those of the Consumer Product Safety Commission (CPSC). EPA's CRP 
regulations at 40 CFR 157.32 require that CRP for pesticides meet the 
CPSC packaging standards (effectiveness specifications) and testing 
procedures set forth in 16 CFR 1700.15(b) and 1700.20. The CPSC Poison 
Prevention Packaging Standards in 16 CFR 1700.15(b) provide that CRP, 
when tested by the method described in 16 CFR 1700.20, shall meet 
certain child-resistant test, senior-adult test, and younger-adult test 
effectiveness specifications. In 16 CFR 1700.15(b)(2), the senior-adult 
test and younger-adult test effectiveness specifications are discussed 
with reference to the senior-adult panel test of 16 CFR 1700.20(a)(3) 
and the younger-adult panel test of 16 CFR 1700.20(a)(4), respectively.
    The EPA CRP regulations provide that exemptions from compliance may 
be requested on a case-by-case basis for specific products based on 
technical factors (40 CFR 157.24(b)(3)). The regulations further 
provide that any such exemption decision will be published in the 
Federal Register, will be for a specified length of time, and will be 
applicable to any product with substantially similar composition and 
intended uses.

II. Requested Grounds for Exemption

    As support for the exemption request, Griffin Corporation and FMC 
APG Specialty Products advanced the following arguments:
    The purpose of adult testing is to ensure that the package is not 
difficult for adults to use properly. If CRP is difficult for adults to 
open, the concern arises that the package may be disabled or left 
unsecured to eliminate the difficulty of reopening it. Under such 
circumstances the contents would be accessible to children. In the case 
of prefilled, nonrefillable termite insecticide bait stations not 
designed or intended to be opened, this concern does not arise. There 
is no risk that an adult will disable or fail to resecure a difficult 
to open package, because the packages need not be opened or activated 
in order to function properly. As there is no concern that an adult 
will disable or fail to resecure such a package, there is also no 
concern that the contents of disabled or unsecured packages will be 
accessible to children. Instead, from a child safety standpoint, the 
only relevant question regarding such packages is whether they can 
prevent a child from gaining access to the bait.

III. Agency Determination

    The Agency has considered the Griffin Corporation and FMC APG 
Specialty Products exemption request

[[Page 8578]]

and the basis therefore and agrees that it is unnecessary to test the 
ability of a senior-adult or younger-adult to open and properly 
resecure a package not designed or intended to be opened or activated. 
No benefits in terms of improved child safety would be gained by such 
testing. Therefore, the Agency hereby grants a 5-year exemption Order 
from the senior-adult test and younger-adult test effectiveness 
specifications, described in 16 CFR 1700.15(b)(2) for prefilled, 
nonrefillable termite insecticide bait stations not designed or 
intended to be opened or activated in a manner that exposes the 
contents to human contact. The Agency has authority under 40 CFR 
157.24(b)(3) to grant an exemption from any CRP requirement, including 
the testing requirements, based on technical considerations.

IV. Exemption

    A 5-year exemption is granted from the senior-adult test and 
younger-adult test effectiveness specifications, described in 16 CFR 
1700.15(b)(2), for prefilled, nonrefillable termite insecticide bait 
stations not designed or intended to be opened or activated in a manner 
that exposes the contents to human contact. Products that qualify for 
this exemption must fully comply with all other CRP effectiveness, 
compatibility, and durability standards as well as all other 
requirements of 40 CFR part 157. CRP certification for products relying 
on this exemption must specify that the package does not comply with 
the senior and younger adult effectiveness specifications per this 
exemption. This exemption becomes effective on February 20, 1998 and 
expires on February 20, 2003.

V. Regulatory Assessment Requirements

    This exemption Order does not impose any requirements. As such, 
this action does not require review by the Office of Management and 
Budget (OMB) under Executive Order 12866, entitled Regulatory Planning 
and Review (58 FR 51735, October 4, 1993), the Paperwork Reduction Act 
(PRA), 44 U.S.C. 3501 et seq., or Executive Order 13045, entitled 
Protection of Children from Environmental Health Risks and Safety Risks 
(62 FR 19885, April 23, 1997). For the same reason, it does not require 
any action under Title II of the Unfunded Mandates Reform Act of 1995 
(UMRA) (Pub. L. 104-4), Executive Order 12875, entitled Enhancing the 
Intergovernmental Partnership (58 FR 58093, October 28, 1993), or 
Executive Order 12898, entitled Federal Actions to Address 
Environmental Justice in Minority Populations and Low-Income 
Populations (59 FR 7629, February 16, 1994). In addition, since this 
type of action does not require any proposal, no action is needed under 
the Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.).

VI. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, does not 
apply because this action is not a rule, as that term is defined in 5 
U.S.C. 804(3).

List of Subjects

    Administrative practice and procedure, Infants and children, 
Packaging and containers, Pesticides and pest, Reporting and 
recordkeeping requirements.

    Dated: February 9, 1998.
James Jones,
Director, Registration Division, Office of Pesticide Programs.

[FR Doc. 98-4186 Filed 2-19-98; 8:45 am]
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