[Federal Register Volume 69, Number 164 (Wednesday, August 25, 2004)]
[Notices]
[Pages 52265-52266]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-19442]



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ENVIRONMENTAL PROTECTION AGENCY

[OPP- 2004-0158; FRL-7360-7]


Final Product Performance Test Guideline; Methods for Efficacy 
Testing of Termite Baits; Notice of Availability

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA has established a unified library for test guidelines 
issued by the Office of Prevention, Pesticides and Toxic Substances 
(OPPTS) for use in testing chemical substances to develop data for 
submission to EPA under the Toxic Substances Control Act (TSCA), the 
Federal Food, Drug, and Cosmetic Act (FFDCA), or the Federal 
Insecticide, Fungicide, and Rodenticide Act (FIFRA). These test 
guidelines represent an Agency effort that began in 1991 to harmonize 
the test guidelines within OPPTS, as well as to harmonize the OPPTS 
test guidelines with those of the Organization for Economic Cooperation 
and Development (OECD). The process for developing and amending these 
test guidelines includes public participation and the extensive 
involvement of the scientific community, including peer review by the 
Scientific Advisory Panel (SAP) and the Scientific Advisory Board (SAB) 
and other expert scientific organizations. With this notice, EPA is 
announcing the availability of the final test guideline for Series 810-
Product Performance Test Guidelines, OPPTS 810.3800 Methods for 
Efficacy Testing of Termite Baits.

FOR FURTHER INFORMATION CONTACT: FIFRA information contact: 
Communications Services Branch (7506C), Field and External Affairs 
Division, Office of Pesticide Programs, Environmental Protection 
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; 
telephone number: (703) 305-5017; fax number: (703) 305-5558.
    For technical information contact: Kevin Sweeney, Registration 
Division (7505C), Office of Pesticide Programs, Environmental 
Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-
0001; telephone number: (703) 305-5063; e-mail address: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. Does This Action Apply to Me?

    This action is directed to the public in general. Although this 
action may be of particular interest to those persons who are or may be 
required to conduct testing of chemical substances under TSCA, FFDCA, 
or FIFRA, the Agency has not attempted to describe all the specific 
entities that may be affected by this action. If you have any questions 
regarding the applicability of this action to a particular entity, 
consult the person listed under FOR FURTHER INFORMATION CONTACT.

II. How Can I Get Copies of This Document and Other Related 
Information?

A. Docket

    EPA has established an official public docket for this action under 
docket identification (ID) number OPP-2004-0158. The official public 
docket consists of the documents specifically referenced in this 
action, any public comments received, and other information related to 
this action. Although a part of the official docket, the public docket 
does not include Confidential Business Information (CBI) or other 
information whose disclosure is restricted by statute. The official 
public docket is the collection of materials that is available for 
public viewing at the Public Information and Records Integrity Branch 
(PIRIB), Rm. 119, Crystal Mall 2, 1921 Jefferson Davis Hwy., 
Arlington, VA. This docket facility is open from 8:30 a.m. to 4 p.m., 
Monday through Friday, excluding legal holidays. The docket telephone 
number is (703) 305-5805.

B. Electronic Access

    You may access this Federal Register document electronically 
through the EPA Internet under the ``Federal Register'' listings at 
http://www.epa.gov/fedrgstr/.You may also obtain copies of test 
guidelines from the EPA Internet Home Page at http://www.epa.gov/opptsfrs/home/guidelin.htm.
    An electronic version of the public docket is available through 
EPA's electronic public docket and comment system, EPA Dockets. You may 
use EPA Dockets at http://www.epa.gov/edocket/ to submit or view public 
comments, access the index listing of the contents of the official 
public docket, and to access those documents in the public docket that 
are available electronically. Although not all docket materials may be 
available electronically, you may still access any of the publicly 
available docket materials through the docket facility identified in 
Unit II.A. Once in the system, select ``search,'' then key in the 
appropriate docket ID number.

III. What Action Is EPA Taking?

    EPA is announcing the availability of the final test guideline for 
Series 810-Product Performance Test Guidelines, OPPTS 810.3800 Methods 
for Efficacy Testing of Termite Baits. This guideline addresses test 
methods and evaluation criteria for pesticide products used as termite 
baits to kill termites. Key elements in the final test guideline are as 
follows:
    1. This final test guideline describes specific methods for 
conducting product performance testing of termite baits which reflect 
the Agency's considered recommendations for the minimum steps necessary 
to develop reliable data on termite bait product performance.
    2. Three tests are described to generate the data set that EPA 
considers reliable for evaluation of termite bait efficacy. Testing 
termite baits in the laboratory, experimental field plots, and at least 
100 termite infested structures in the United States is recommended. 
Termite bait control success is evaluated based on review of data from 
all three testing methods.

IV. How Were These Test Guidelines Developed?

    The draft test guideline was reviewed by EPA's FIFRA SAP in a 
public meeting on July 30-31, 2002, which was announced in the Federal 
Register on July 5, 2002 (67 FR 44836) (FRL-7186-6) and has been 
revised in response to the SAP and the public comments.

V. Are There Any Applicable Voluntary Consensus Standards That EPA 
Should Consider?

    This notice of availability does not involve a proposed regulatory 
action that would require the Agency to consider voluntary consensus 
standards pursuant to section 12(d) of the National Technology Transfer 
and Advancement Act of 1995 (NTTAA), Public Law 104-113, section 12(d) 
(15 U.S.C. 272 note). Section 12(d) of NTTAA directs EPA to use 
voluntary consensus standards in its regulatory activities unless to do 
so would be inconsistent with applicable law or otherwise impractical. 
Voluntary consensus standards are technical standards (e.g., materials 
specifications, test methods, sampling procedures, and business 
practices) that are developed or adopted by voluntary consensus 
standards bodies. The NTTAA requires EPA to provide an explanation to 
Congress, through Office of Management and Budget (OMB), when the 
Agency decides not to use available and applicable voluntary consensus 
standards when the NTTAA directs the Agency to do so.

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    In the July 5, 2002, Federal Register document announcing EPA's 
FIFRA SAP meeting held on July 30-31, 2002, EPA specifically sought 
comment on the availability of any applicable voluntary consensus 
standards that should be considered during the development of the final 
test guideline or any future regulatory action that EPA may take under 
TSCA. The Agency did not receive any comments on the availability of 
any applicable voluntary consensus standards.

List of Subjects

    Environmental protection, Chemical testing, Test guideline, 
Termites, Termite Baits.


    Dated: August 12, 2004
Susan B. Hazen,
Acting Assistant Administrator, Office of Prevention, Pesticides and 
Toxic Substances.
[FR Doc. 04-19442 Filed 8-24-04; 8:45 am]
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