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Federal Register / Vol. 86, No. 53 / Monday, March 22, 2021 / Proposed Rules
Order 13175 does not apply to this action.
G. Executive Order 13045: Protection of Children From Environmental Health Risks and Safety Risks EPA interprets Executive Order 13045
62 FR 19885, April 23, 1997 as applying only to those regulatory actions that concern environmental health or safety risks that the EPA has reason to believe may disproportionately affect children, per the definition of covered regulatory action in section 2202 of the Executive Order. This action is not subject to Executive Order 13045
because it does not concern an environmental health risk or safety risk.
H. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution or Use This action is not a significant energy action as defined in Executive Order 13211 66 FR 28355, May 22, 2001 because it is not likely to have a significant adverse effect on the supply, distribution or use of energy and has not otherwise been designated as a significant energy action by the Administrator of the Office of Information and Regulatory Affairs.

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I. National Technology Transfer Advancement Act NTTAA
This action does not involve technical standards that would require Agency consideration under NTTAA section 12d, 15 U.S.C. 272.
J. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations The EPA believes that this action is not subject to Executive Order 12898 59
FR 7629, February 16, 1994 because it does not establish an environmental health or safety standard. The Agency notes, however, that the proposed data requirements will provide data that will be used to assure that pesticide products perform effectively if claiming effectiveness against an invertebrate pest of significant public health or economic importance, and to address both health concerns and economic consequences stemming from pesticide products that might not perform as claimed on the label, including consequences for sensitive subpopulations and minority or lowincome communities.
Lists of Subjects in 40 CFR Part 158
Environmental protection, administrative practice and procedure,
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agricultural and non-agricultural, pesticides and pests, reporting and recordkeeping requirements.
Jane Nishida, Acting Administrator.

For the reasons set forth in the preamble, EPA proposes to amend 40
CFR part 158 as follows:
PART 158DATA REQUIREMENTS
FOR PESTICIDES

158.1748 Keds, screwworms, and bot flies.
158.1752 Filth flies.
158.1756 Mosquitoes.
158.1760 Biting flies.
158.1768 Bed bugs.
158.1772 Conenose bugs and kissing bugs.
158.1776 Ants excluding carpenter ants.
158.1780 Bees, wasps, yellowjackets, and hornets.
158.1782 Carpenter ants.
158.1784 Wood-destroying beetles.
158.1786 Termites.

1. The authority citation for part 158
continues to read as follows:

Subpart RProduct Performance for Products Claiming Effectiveness Against Invertebrate Pests
Authority: 7 U.S.C. 136136y; 21 U.S.C.
346a.

158.1700

2. In 158.1, revise paragraph c to read as follows:

158.1

Purpose and scope.

c Scope of individual subparts. 1
Conventional pesticides. Subparts A, B, C, D, E, F, G, K, L, N, O, and R apply to conventional pesticides.
2 Biochemical pesticides. Subparts A, B, E, R, and U apply to biochemical pesticides.
3 Microbial pesticides. Subparts A, B, E, R, and V apply to microbial pesticides.
4 Antimicrobial pesticides. Subparts A, B, C, D, E, R, and W of this part apply to antimicrobial pesticides.
3. Revise the heading for subpart E to read as follows:
Subpart EProduct Performance for Products Claiming Effectiveness Against Vertebrate Pests, Products With Prion-related Claims, and Products for Control of Organisms Producing Mycotoxins 4. Add section subpart R to read as follows:

Subpart RProduct Performance for Products Claiming Effectiveness Against Invertebrate Pests Sec.
158.1700 General requirements.
158.1701 Definitions.
158.1703 Application categories.
158.1704 Performance standards for data acceptability.
158.1705 Test guidelines.
158.1707 Data requirement modifications.
158.1708 Invasive species claims.
158.1709 Invertebrate disease vector claims.
158.1710 Structural and wood-destroying pest claims.
158.1712 Mites excluding chiggers.
158.1714 Chiggers.
158.1718 Ticks.
158.1722 Scorpions.
158.1726 Spiders.
158.1732 Centipedes.
158.1736 Lice.
158.1740 Fleas.
158.1744 Cockroaches.

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General requirements.

a General. Each applicant must ensure through testing that their product is efficacious when used in accordance with label directions and commonly accepted pest control practices. The Agency may require, as specified herein and on a case-by-case basis, submission of product performance data for any pesticide product registered or proposed for registration or amendment.
1 Test substance. All product performance testing is performed using the end-use product.
2 Test organism. All product performance testing must report the species tested.
3 Testing. All products are to be tested to support the claims made on the labeling of the pesticide product.
4 Data requirements. To determine the specific product performance data required to support the registration of each pesticide product, the applicant must refer to the applicable sections of this subpart.
b Product performance data submission. Each product that bears a claim subject to this subpart, must be supported by submission of product performance data, as listed in this subpart. This product performance data must be submitted with any application for registration or amended registration.
For the pest-specific claims listed in this subpart, data must be for the species specified to support the claim.
158.1701

Definitions.

Definitions. The following terms are defined for purposes of this subpart.
Complete protection time CPT
means the time from application of a skin-applied insect repellent until efficacy failure, which is described in Product Performance Test Guideline 810.3700Insect Repellents to be Applied to Human Skin.
Introduction means the intentional or unintentional escape, release, dissemination, or placement of a species into an ecosystem as a result of human activity.

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