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Federal Register / Vol. 86, No. 53 / Monday, March 22, 2021 / Proposed Rules
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TABLE 1 TO PARAGRAPH bREQUIRED TEST SPECIES FOR PRODUCTS MAKING A CLAIM AGAINST TERMITES
Continued Labeling claim
Required test species Reticulitermes flavipes OR Reticulitermes hesperus OR Reticulitermes virginicus AND one of the following arboreal termite species:
Nasutitermes coringer Motschulsky AND one of the following drywood termite species:
Cryptotermes brevis OR Cryptotermes cavifrons OR Incisitermes minor OR Incisitermes snyderi.
Pest Sub-Group Claim
Arboreal Termites

Testing of one arboreal termite species is required:
Nasutitermes coringer Motschulsky.
Dampwood Termites Testing of the following dampwood termite is required:
Zootermopsis sp.
Drywood Termites Testing of one of the following drywood termites is required:
Cryptotermes brevis OR Cryptotermes cavifrons OR Incisitermes minor OR Incisitermes snyderi.
Subterranean Termites, including Testing in two genera of termites is required:
Formosan Subterranean Termites. Testing on the following Coptotermes species is required:
Coptotermes formosanus AND one of the following Reticulitermes species:
Reticulitermes flavipes OR Reticulitermes hesperus OR Reticulitermes virginicus.

c Performance standards. The performance standards for pesticide products making certain claims against
termites appear in the following table.
The performance standards for labeling
claims not provided in the following table appear in 158.1704.

TABLE 2 TO PARAGRAPH cPERFORMANCE STANDARDS FOR CERTAIN CLAIMS AGAINST TERMITES
Application category
Performance standard
Bait Treatment
Non-Structural: Wood Preservative Treatment.
Structural Protection

95% prevention of damage to wood 3 years.
100% Prevention of damage to wood for 2 years.
95% prevention of damage to wood 5 years.

5. Revise 158.2070 to read as follows:

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158.2070 Biochemical pesticides product performance data requirements.

a General. Product performance data must be developed for all biochemical pesticides. Each applicant must ensure through testing that the product is efficacious when used in accordance with label directions and commonly accepted pest control practices. The Agency may require, on a case-by-case basis, submission of product performance data for any pesticide product registered or proposed for registration or amendment.
b Product performance data for each product that bears a claim against an invertebrate pest that is covered by subpart R of this part. The product performance data requirements of subpart R of this part apply to biochemical products covered by this subpart. Product performance data must be submitted with any application for registration or amended registration.
The performance standards required in subpart R of this part also apply to biochemical pesticide products.
However, data requirements and the
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performance standards that determine the acceptability of data may be modified on a case-by-case basis pursuant to the waiver provisions in 40
CFR 158.45 and the provisions in 40
CFR 158.1707.
c Product performance data for each product that bears a public health claim, excluding those covered under paragraph b. Product performance data must be submitted with any application for registration or amended registration, if the product bears a claim to control public health pests, such as pest microorganisms infectious to humans in any area of the inanimate environment, or a claim to control vertebrates, including but not limited to, rodents, birds, bats, canids, and skunks.
6. Revise 158.2160 to read as follows:
158.2160 Microbial pesticides product performance data requirements.

a General. Product performance data must be developed for all microbial pesticides. Each applicant must ensure through testing that the product is efficacious when used in accordance with label directions and commonly accepted pest control practices. The
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Agency may require, on a case-by-case basis, submission of product performance data for any pesticide product registered or proposed for registration or amendment.
b Product performance data for each product that bears a claim against an invertebrate pest that is covered by subpart R of this part. The product performance data requirements of subpart R of this part apply to microbial products covered by this subpart.
Product performance data must be submitted with any application for registration or amended registration.
However, data requirements and the performance standards that determine the acceptability of data may be modified on a case-by-case basis pursuant to the waiver provisions in 40
CFR 158.45 and the provisions in 40
CFR 158.1707.
c Product performance data for each product that bears a public health claim, excluding those covered under paragraph b. Product performance data must be submitted with any application for registration or amended registration, if the product bears a claim to control public health pests, such as
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