[Federal Register Volume 67, Number 99 (Wednesday, May 22, 2002)]
[Rules and Regulations]
[Pages 35909-35910]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-12712]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 157

[OPP-2002-0059; FRL-7177-2]


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 exemption order announces EPA's decision to grant an 
exemption until December 31, 2016, from the child-resistant packaging 
(CRP) senior-adult test and younger-adult test effectiveness 
specifications 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 CRP 
effectiveness, compatibility, and durability standards. 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 the exemption announced in this 
document. This exemption was requested by FMC Corporation APG Specialty 
Products, Griffin L. L. C., and United Industries Corporation, pursuant 
to EPA's CRP regulations. The basis for this exemption is 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 is effective on May 22, 2002 and expires on 
December 31, 2016.

FOR FURTHER INFORMATION CONTACT: Rosalind L. Gross, Registration 
Division (7505C), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460; 
telephone number: (703) 308-7368; fax number: (703) 308-9382; e-mail 
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 have a 
prefilled, nonrefillable termite insecticide bait station not designed 
or intended to be opened or activated in a manner that exposes the 
contents to human contact. Potentially affected categories and entities 
may include, but are not limited to:

------------------------------------------------------------------------
                                                          Examples of
           Categories                 NAICS codes         potentially
                                                       affected entities
------------------------------------------------------------------------
Pesticide and Other Agricultural  325320              Household-type
 Chemical Manufacturing                                insecticides
                                                       manufacturing,
                                                       termite poisons
                                                       manufacturing
------------------------------------------------------------------------


    -This listing is not intended to be exhaustive, but rather provides 
a guide for readers regarding entities likely to be affected by this 
action. Other types of entities not listed in this table could also be 
affected. The North American Industrial Classification System (NAICS) 
codes are provided to assist you and others in determining whether or 
not this action might apply to certain entities. If you have questions 
regarding the applicability of this action to a particular entity, 
consult the person listed under FOR FURTHER INFORMATION CONTACT.

B. How Can I Get Additional Information, Including Copies of this 
Document and Other Related Documents?-

    1. Electronically. You may obtain electronic copies of this 
document, and certain other related documents that might be available 
electronically, from the EPA Internet Home Page at http://www.epa.gov/. 
To access this document, on the Home Page select ``Laws and 
Regulations,'' ``Regulations and Proposed Rules,'' and then look up the 
entry for this document under the ``Federal Register--Environmental 
Documents.'' You can also go directly to the Federal Register listings 
at http://www.epa.gov/fedrgstr/. A frequently updated electronic 
version of 40 CFR part 157 is available at http://www.access.gpo.gov/nara/cfr/cfrhtml_00/Title_40/40cfr157_00.html, a beta site currently 
under development.-
    2. In person. The Agency has established an official record for 
this action under docket control number OPP-2002-0059. The official 
record consists of the documents specifically referenced in this 
action, any public comments received during an applicable comment 
period, and other information related to this action, including any 
information claimed as Confidential Business Information (CBI). This 
official record includes the documents that are physically located in 
the docket, as well as the documents that are referenced in those 
documents. The public version of the official record does not include 
any information claimed as CBI. The public version of the official 
record, which includes printed, paper versions of any electronic 
comments submitted during an applicable comment period, is available 
for inspection in the Public Information and Records Integrity Branch 
(PIRIB), Rm. 119, Crystal Mall 2, 1921 Jefferson Davis Hwy., 
Arlington, VA, from 8:30 a.m. to 4 p.m., Monday through Friday, 
excluding legal holidays. The PIRIB telephone number is (703) 305-5805.

II. Background

A. What is the Agency's Authority for Taking this Action?-

    Section 25(c)(3) of the Federal Insecticide, Fungicide and 
Rodenticide Act (FIFRA) authorizes EPA to establish CRP standards that 
are consistent with those of the Consumer Product Safety Commission 
(CPSC). Accordingly, 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

[[Page 35910]]

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. -
    EPA's CRP regulations at 40 CFR 157.24(b)(3) provide that 
exemptions from compliance may be granted on a case-by-case basis for 
specific products based on technical factors. The regulations further 
provide that, if granted, 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. When EPA's CRP regulations were 
published in the Federal Register on March 9, 1979 (44 FR 13019), the 
Agency explained that a decision to grant an exemption shall be 
applicable to any product with identical or substantially similar 
composition and intended uses ``[t]o insure fairness . . . to any 
product in the identical situation. Some of the factors for 
consideration in determining whether or not a situation is identical 
may include the type of formulation and size and type of container.''

B. What was the Exemption Requested? -

    FMC Corporation APG Specialty Products, Griffin L. L. C., and 
United Industries Corporation requested an exemption from the senior-
adult test and younger-adult test effectiveness specifications, 
described in 16 CFR1700.15(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. -
    As support for the exemption request, FMC Corporation APG Specialty 
Products, Griffin L. L. C., and United Industries Corporation 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 re-
secure 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 re-secure 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.

C. What Action is the Agency Taking?-

    The Agency has considered the FMC Corporation APG Specialty 
Products, Griffin L. L. C., and United Industries Corporation exemption 
requests 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 re-secure 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 has decided to grant an 
exemption 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. This exemption order is effective on May 22, 
2002 and expires on December 31, 2016. In addition, this exemption 
applies to any product with substantially similar composition and 
intended uses. 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 the exemption announced in this 
document.

III. Submission to Congress and the Comptroller General -

    The Congressional Review Act, 5 U.S.C. 801 et seq., 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-

    Environmental protection, Administrative practice and procedure, 
Infants and children, Packaging and containers, Pesticides and pests, 
Reporting and recordkeeping requirements.


    Dated: May 9, 2002.
Debra Edwards,
Acting Director, Registration Division, Office of Pesticide Programs.

[FR Doc. 02-12712 Filed 5-21-02; 8:45 am]
BILLING CODE 6560-50-S