[Federal Register Volume 73, Number 130 (Monday, July 7, 2008)]
[Pages 38449-38450]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-15327]



[EPA-HQ-OPP-2008-0530; FRL-8372-8]

Potential Revision of the Product Performance Test Guidelines, 
Structural Treatments; Notice of Public Meeting

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.


SUMMARY: EPA will conduct a public workshop on termiticide performance 
testing to discuss the potential revision of the OPPTS 810.3600 Product 
Performance Testing Guidelines and information needed to revise the 
testing guideline. Stakeholders have developed novel approaches to 
termite treatment and developed new pesticide chemistries since the 
adoption of the existing termiticide performance guideline. In response 
to these developments, EPA is holding a public workshop and requesting 
input on the relevance of the existing 810.3600 testing guideline scope 
and factors to be included in a revision, the applicability of the 
existing test guideline to novel product chemistries, and approaches to 
resolve the disparity between soil applied liquid termiticide testing 
guidelines and testing of other pesticides which may provide structural 
protection. This input will inform EPA on a possible guideline 

DATES: The meeting will be held on July 21, 2008 from 9:00 a.m. to 5:00 
p.m. and July 22, 2008 from 9:00 a.m. to 5:00 p.m.
    To request accommodation of a disability, please contact the person 
listed under FOR FURTHER INFORMATON CONTACT, preferably at least 10 
days prior to the meeting, to give EPA as much time as possible to 
process your request.

ADDRESSES: The meeting will be held at Potomac Yard South Tower, 2777 
South Crystal Drive, Arlington, VA 22202
    Requests to participate in the meeting, identified by docket 
identification (ID) number EPA-HQ-OPP-2008-0530, may be submitted to 
the person listed under FOR FURTHER INFORMATION CONTACT.

FOR FURTHER INFORMATION CONTACT: Mark Suarez, Registration Division 
(7505P), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone 
number: (703) 305-0120; fax number: (703) 305-6920; e-mail address: 
[email protected].


I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you manufacture 
or use products intended to protect structures from termite damage, 
have a financial investment in real property that could be devalued by 
termite damage, or are involved in the construction of structures 
susceptible to termite attack. Potentially affected entities may 
include, but are not limited to:
     Pesticide Manufacturing (NAICS code 325320), e.g., termite 
poisons manufacturing; pesticides manufacturing; insecticides 
     Mortgage and Non-mortgage Loan Brokers (NAICS code 
522310), e.g., mortgage brokers; mortgage companies.
     New Single-Family Housing Construction (except Operative 
Builders) (NAICS code 236115), e.g., home builders (except operative), 
single family home; Housing, single-family, construction general 
contractors; residential construction, single-family, general 
     Exterminating and Pest Control Services (NAICS code 
561710), e.g., exterminating services; pest control (except 
agricultural, forestry) services; termite control services.
     New Housing Operative Builders (NAICS code 236117), e.g., 
operative builders; housing construction, merchant or operative 
builders; .
     Secondary Market Financing (NAICS code 522294), e.g., 
federal home loan mortgage corporation (FHLMC); federal national 
mortgage association (FNMA); government national mortgage association 
     All Other Nondepository Credit Intermediation (NAICS code 
522298), e.g., federal home loan banks.
     Mortgage and Nonmortgage Loan Brokers (NAICS code 522310), 
e.g., mortgage brokers, mortgage companies.
     Wood Preservation (NAICS code 321114), e.g., preserving 
purchased wood and wood products; pressure treated lumber made from 
purchased timber; structural lumber and timber, treating.
    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 unit could also be 
affected. The North American Industrial Classification System (NAICS) 
codes have been provided to assist you and others in determining 
whether this action might apply to certain entities. To determine 
whether you or your business may be affected by this action, you should 
carefully examine the background information below and the Product 
Performance Test Guidelines OPPTS 810.3600 Structural Treatments [EPA 
712-C-98-424]. If you have any questions regarding the applicability of 
this action to a particular entity, consult the person listed under FOR 

B. How Can I Get Copies of this Document and Other Related Information?

    1. Docket. EPA has established a docket for this action under 
docket ID number EPA-HQ-OPP-2008-0530. Publicly available docket 
materials are available either in the electronic docket at http://www.regulations.gov, or, if only available in hard copy, at the Office 
of Pesticide Programs (OPP) Regulatory Public Docket in Rm. S-4400, One 
Potomac Yard (South Bldg.), 2777 S. Crystal Dr., Arlington, VA. The 
hours of operation of this Docket Facility are from 8:30 a.m. to 4 
p.m., Monday through Friday, excluding legal

[[Page 38450]]

holidays. The Docket Facility telephone number is (703) 305-5805.
    2. 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.

II. Background

    Termites are a substantial economic threat to property owners. 
Annually, $5 billion is spend to treat termite infestations and repair 
the damage termites cause. In the United States, the major pestiferous 
termites are subterranean termites (e.g., Reticulitermes spp. and 
Coptotermes formosanus). Termites can cause substantial damage because:
    1. They consume the primary materials used in construction; and
    2. Their presence in a structure can go undetected for years. For 
the most part, property owners are incapable of assessing the risk of 
termite attack.
    Pesticides intended to reduce the risk of termite infestation or 
treat structures already infested are classified as termiticides. 
Termiticides can be applied as a preventative or remedial treatment. 
Preventative treatments are applied before an active termite 
infestation is known to occur. Preventative treatments can be further 
divided into two sub-categories: pre-construction and post-
construction. Pre-construction treatments are made prior to the 
installation of the final grade during the construction process. Post-
construction treatments are made after the installation of the final 
grade. In neither case are termites treated directly; instead, a long-
lasting, stable, relatively immobile chemical barrier (i.e., repellent 
and/or lethal pesticide) is employed to exclude termites from the 
structure by establishing horizontal and vertical barriers to termite 
infestation. This approach generally has been successful, especially 
when combined with removal of conditions conducive to termite 
infestation. Remedial treatment generally involves treating the 
infestation directly with a termiticide designed to both kill the 
termites present at the time of application and exclude the rest of the 
colony from the structure by establishing a chemical soil barrier.
    The economic importance of termites and the complexities of proper 
termiticide application have led to the special consideration of 
termiticides at the time of registration. These products are unique in 
that they provide relief or protection from a pest that can be 
difficult to detect and treat. Furthermore, the biology of termites 
(i.e., number of colony members, cryptic nature, and amount of material 
consumed), the potential economic cost posed by damage resulting from a 
termite infestation, and the inability to reliably determine the 
effectiveness of a treatment at the time of application makes it 
important to verify the performance of products labeled for structural 
protection. Thus, it has been Agency policy that registrants 
demonstrate in nationwide trials that products labeled as soil applied 
liquid termiticides provide structural protection under simulated field 
conditions for at least 5 years.
    EPA is requesting comments at a public workshop on:
    1. The relevance of the existing 810.3600 testing guideline scope 
and factors to be included in a revision;
    2. The applicability of the existing test guideline to novel 
product chemistries; and
    3. Approaches to resolve the disparity between soil applied liquid 
termiticides and testing of other pesticides which may provide 
structural protection.

III. How Can I Request to Participate in this Meeting?

    You may submit a request to participate in this meeting to the 
person listed under FOR FURTHER INFORMATION CONTACT. Do not submit any 
information in your request that is considered CBI. Requests to 
participate in the meeting, identified by docket ID number EPA-HQ-OPP-
2008-0530, must be received on or before July 21, 2008.

List of Subjects

    Environmental protection, pesticide, termite, structural 

    Dated: June 27, 2008.
Lois Rossi,
Director, Registration Division, Office of Pesticide Programs.q
[FR Doc. E8-15327 Filed 7-3-08; 8:45 am]