70354 Federal Register / Vol. 65, No. 226 / Wednesday, November 22, 2000 / Notices

Official Methods of Analysis of the

Association of Official Analytical

Chemists (AOAC) test methods.

Historically, the inability to maintain

and propagate test cultures that express

standard and uniform levels of phenol

resistance has been a recognized

scientific problem which has persisted

for at least 70 years. Furthermore, the

inability of many reputable and

competent testing facilities to achieve

consistent test results with the phenol

resistance standard has prompted both

concern and action by the Agency.

On September 10, 1997, after internal

scientific deliberation, the Agency

placed before the Federal Insecticide,

Fungicide, and Rodenticide Act (FIFRA)

Scientific Advisory Panel (SAP) the

following questions regarding phenol

resistance:

What scientific direction should be

taken regarding the lack of standard and

uniform resistance levels to phenol of

the test cultures used in the existing

AOAC efficacy test methods? Should

the Agency:

•Totally eliminate the phenol

resistance requirement; or

•Modify the required phenol

resistance patterns to provide a broader

range of acceptable resistance; or

•Replace the phenol resistance

requirements with some other

procedures that assure hardiness and

equivalence to test cultures, such as

standard, quantitative inoculum level?

Briefly, the SAP responded that there

is no current relevance to requiring the

phenol resistance test and, therefore, the

phenol coefficient method should be

eliminated and new protocols should be

established for defining the conditions

for culturing test microorganisms with

suitable resistance levels to

antimicrobials.

Subdivision G of the Pesticide

Assessment Guidelines, part 91–1,

describes the general product

performance (efficacy) standards for

disinfectants and sanitizers. Subsection

(b)(3)(I) of part 91–1 refers to the AOAC

standard tests that may be used to

satisfy the data requirements of 40 CFR

158.640. In turn, these AOAC tests

include references to phenol resistance

testing.

The Agency concurs with the SAP

and has engaged in considerable

discussion and deliberation, internally

and with members of the scientific and

regulated communities, on how to best

proceed. Given the inapplicability of a

test organism’s resistance to phenol

when disinfectants or sanitizers are

tested for their efficacy performance, the

Agency will no longer require

submission of testing to demonstrate

compliance with AOAC specified levels

of expressed phenol resistance by test

microorganisms during the efficacy

evaluation of disinfectants or sanitizers.

However, as an interim measure while

method development research

continues, the Agency generally will

expect a minimum inoculum level of

104 colony forming units per carrier for

all test microorganisms when the AOAC

carrier based tests are used.

B. PR Notices are Guidance Documents

The draft PR Notice discussed in this

notice is intended to provide guidance

to EPA personnel and decision-makers

and to pesticide registrants. This notice

is not binding on either EPA or

pesticide registrants, and EPA may

depart from the guidance where

circumstances warrant and without

prior notice. Likewise, pesticide

registrants may assert that the guidance

is not appropriate or not applicable to

a specific pesticide or situation.

List of Subjects

Environmental protection,

Administrative practice and procedure,

Agricultural commodities, Pesticides

and pests.

Dated: November 9, 2000.

Marcia E. Mulkey,

Director, Office of Pesticide Programs.

[FR Doc. 00–29895 Filed 11–21–00 8:45 a.m.]

BILLING CODE 6560–50–S

ENVIRONMENTAL PROTECTION

AGENCY

[FRL–6905–2]

Notice of Proposed Prospective

Purchaser Agreement Pursuant to the

Comprehensive Environmental

Response, Compensation and Liability

Act of 1980, as Amended by the

Superfund Amendments and

Reauthorization Act

AGENCY: Environmental Protection

Agency.

ACTION: Notice; Request for public

comment.

SUMMARY: In accordance with the

Comprehensive Environmental

Response, Compensation, and Liability

Act of 1980, as amended by the

Superfund Amendments and

Reauthorization Act of 1986,

(‘‘CERCLA’’), 42 U.S.C. 9601–9675,

notice is hereby given that a proposed

prospective purchaser agreement

(‘‘Purchaser Agreement’’) associated

with the Fischer & Porter Superfund

Site in Warminster Township, Bucks

County, Pennsylvania was executed by

the Environmental Protection Agency

and the Department of Justice and is

now subject to public comment, after

which the United States may modify or

withdraw its consent if comments

received disclose facts or considerations

which indicate that the Purchaser

Agreement is inappropriate, improper,

or inadequate. The Purchaser

Agreement would resolve certain

potential EPA claims under Sections

106 and 107 of CERCLA, 42 U.S.C. 9606,

9607, against Blue Marlin Associates

(‘‘Purchasers’’). The settlement would

require the Purchasers to, among other

things, reimburse the Environmental

Protection Agency $15,000.00 for

response costs incurred and to be

incurred at the Site.

For thirty (30) days following the date

of publication of this notice, the Agency

will receive written comments relating

to the Purchaser Agreement. The

Agency’s response to any comments

received will be available for public

inspection at the U.S. Environmental

Protection Agency, Region III, 1650

Arch Street, Philadelphia, PA 19103.

DATES: Comments must be submitted on

or before December 22, 2000.

AVAILABILITY: The Purchaser Agreement

and additional background information

relating to the Purchaser Agreement are

available for public inspection at the

U.S. Environmental Protection Agency,

Region III, 1650 Arch Street,

Philadelphia, PA 19103. A copy of the

Purchaser Agreement may be obtained

from Suzanne Canning (3RC00),

Regional Docket Clerk, U.S.

Environmental Protection Agency, 1650

Arch Street, Philadelphia, PA 19103, or

‘‘Canning.Suzanne@epamail.epa.gov’’.

Comments should reference the

‘‘Fischer & Porter Superfund Site,

Prospective Purchaser Agreement’’ and

‘‘EPA Docket No. CERC–PPA–2000–

0007,’’ and should be forwarded to

Elizabeth Lukens at the address below.

FOR FURTHER INFORMATION CONTACT:

Elizabeth B Lukens (3RC44), Senior

Assistant Regional Counsel, U.S.

Environmental Protection Agency, 1650

Arch Street, Philadelphia, PA 19103,

Phone: (215) 814–2661.

Dated: November 15, 2000.

Thomas C. Voltaggio,

Acting Regional Administrator, U.S.

Environmental Protection Agency, Region III.

[FR Doc. 00–29878 Filed 11–21–00; 8:45 am]

BILLING CODE 6560–50–P