[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: gross.rosalind@epamail.epa.gov.
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]
BILLING CODE 6560-50-F
