[Federal Register Volume 66, Number 132 (Tuesday, July 10, 2001)]
[Notices]
[Pages 35974-35976]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-17205]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-181081; FRL-6790-3]


1,3,7-Trimethylxanthine; Receipt of Application for Emergency 
Exemption, Solicitation of Public Comment

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice.

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SUMMARY: EPA has received a specific exemption request from the Hawaii 
Department of Agriculture to use the pesticide 1,3,7-trimethylxanthine 
(CAS No. 58-08-2) to treat up to 2,000 acres of floriculture and 
nursery crops, parks, hotels, resort areas, and forest habitats to 
control Coqui and Greenhouse frogs. The Applicant proposes the use of a 
new chemical which has not been registered by the EPA. EPA is 
soliciting public comment before making the decision whether or not to 
grant the exemption.

DATES: Comments, identified by docket control number OPP-181081, must 
be received on or before July 25, 2001.

ADDRESSES: Comments may be submitted by mail, electronically, or in 
person. Please follow the detailed instructions for each method as 
provided in Unit I. of the SUPPLEMENTARY INFORMATION. To ensure proper 
receipt by EPA, it is imperative that you identify docket control 
number OPP-181081 in the subject line on the first page of your 
response.

FOR FURTHER INFORMATION CONTACT: Barbara Madden, Registration Division 
(7505C), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave., NW., Washington, DC 20460; telephone number: 
(703) 305-6463; fax number: (703) 308-5433; e-mail address: 
[email protected].

SUPPLEMENTARY INFORMATION:

I. General Information

A. Does this Action Apply to Me?

    You may be potentially affected by this action if you petition EPA 
for emergency exemption under section 18 of FIFRA. Potentially affected 
categories and entities may include, but are not limited to:

 
------------------------------------------------------------------------
                                                          Examples of
           Categories                 NAICS Codes         potentially
                                                       affected entities
------------------------------------------------------------------------
State government                  9241                State agencies
                                                       that petition EPA
                                                       for section 18
                                                       pesticide
                                                       exemption
------------------------------------------------------------------------

    This listing is not intended to be exhaustive, but rather provides 
a guide for readers regarding entities likely to be regulated by this 
action. Other types of entities not listed in the table in this unit 
could also be regulated. The North American Industrial Classification 
System (NAICS) codes have been provided to assist you and others in 
determining whether or not this action applies to certain entities. If 
you have any questions regarding the applicability of this action to a 
particular entity, consult the person listed under FOR FURTHER 
INFORMATION CONTACT.

B. How Can I Get Additional Information, Including Copies of this 
Document and Other Related Documents?

    1. Electronically. You may obtain electronic copies of this 
document, and certain other related documents that might be available 
electronically, from the EPA Internet Home Page at http://www.epa.gov/. 
To access this document, on the Home Page select ``Laws and 
Regulations,'' ``Regulations and Proposed Rules,'' and then look up the 
entry for this document under the ``Federal Register--Environmental 
Documents.'' You can also go directly to the Federal Register listings 
at http://www.epa.gov/fedrgstr/.
    2. In person. The Agency has established an official record for 
this action under docket control number OPP-181081. The official record 
consists of the documents specifically referenced in this action, any 
public comments received during an applicable comment period, and other 
information related to this action, including any information claimed 
as Confidential Business Information (CBI). This official record 
includes the documents that are physically located in the docket, as 
well as the documents that are referenced in those documents. The 
public version of

[[Page 35975]]

the official record does not include any information claimed as CBI. 
The public version of the official record, which includes printed, 
paper versions of any electronic comments submitted during an 
applicable comment period, is available for inspection in the Public 
Information and Records Integrity Branch (PIRIB), Rm. 119, Crystal Mall 
#2, 1921 Jefferson Davis Hwy., Arlington, VA, from 8:30 a.m. to 4 p.m., 
Monday through Friday, excluding legal holidays. The PIRIB telephone 
number is (703) 305-5805.

C. How and to Whom Do I Submit Comments?

    You may submit comments through the mail, in person, or 
electronically. To ensure proper receipt by EPA, it is imperative that 
you identify docket control number OPP-181081 in the subject line on 
the first page of your response.
    1. By mail. Submit your comments to: Public Information and Records 
Integrity Branch (PIRIB), Information Resources and Services Division 
(7502C), Office of Pesticide Programs (OPP), Environmental Protection 
Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460.
    2. In person or by courier. Deliver your comments to: Public 
Information and Records Integrity Branch (PIRIB), Information Resources 
and Services Division (7502C), Office of Pesticide Programs (OPP), 
Environmental Protection Agency, Rm. 119, Crystal Mall #2, 1921 
Jefferson Davis Hwy., Arlington, VA. The PIRIB is open from 8:30 a.m. 
to 4 p.m., Monday through Friday, excluding legal holidays. The PIRIB 
telephone number is (703) 305-5805.
    3. Electronically. You may submit your comments electronically by 
e-mail to: [email protected], or you can submit a computer disk as 
described above. Do not submit any information electronically that you 
consider to be CBI. Avoid the use of special characters and any form of 
encryption. Electronic submissions will be accepted in WordPerfect 6.1/
8.0 or ASCII file format. All comments in electronic form must be 
identified by docket control number OPP-181081. Electronic comments may 
also be filed online at many Federal Depository Libraries.

D. How Should I Handle CBI that I Want to Submit to the Agency?

    Do not submit any information electronically that you consider to 
be CBI. You may claim information that you submit to EPA in response to 
this document as CBI by marking any part or all of that information as 
CBI. Information so marked will not be disclosed except in accordance 
with procedures set forth in 40 CFR part 2. In addition to one complete 
version of the comment that includes any information claimed as CBI, a 
copy of the comment that does not contain the information claimed as 
CBI must be submitted for inclusion in the public version of the 
official record. Information not marked confidential will be included 
in the public version of the official record without prior notice. If 
you have any questions about CBI or the procedures for claiming CBI, 
please consult the person listed under FOR FURTHER INFORMATION CONTACT.

E. What Should I Consider as I Prepare My Comments for EPA?

    You may find the following suggestions helpful for preparing your 
comments:
    1. Explain your views as clearly as possible.
    2. Describe any assumptions that you used.
    3. Provide copies of any technical information and/or data you used 
that support your views.
    4. If you estimate potential burden or costs, explain how you 
arrived at the estimate that you provide.
    5. Provide specific examples to illustrate your concerns.
    6. Offer alternative ways to improve the proposed rule or 
collection activity.
    7. Make sure to submit your comments by the deadline in this 
document.
    8. To ensure proper receipt by EPA, be sure to identify the docket 
control number assigned to this action in the subject line on the first 
page of your response. You may also provide the name, date, and Federal 
Register citation.

II. Background

A. What Action is the Agency Taking?

    Under section 18 of the Federal Insecticide, Fungicide, and 
Rodenticide Act (FIFRA) (7 U.S.C. 136p), at the discretion of the 
Administrator, a Federal or State agency may be exempted from any 
provision of FIFRA if the Administrator determines that emergency 
conditions exist which require the exemption. Hawaii Department of 
Agriculture has requested the Administrator to issue a specific 
exemption for the use of 1,3,7-trimethylxanthine (caffeine) on 
floriculture and nursery crops, parks, hotels, resort areas, and forest 
habitats to control Coqui and Greenhouse frogs. Information in 
accordance with 40 CFR part 166 was submitted as part of this request.
    As part of this request, the Applicant asserts that the tropical 
frogs, Eleutherodactylus coqui and E. planirostris are two relatively 
new species introduced to Hawaii from infested nursery plants. These 
species are native to the Caribbean area. E. coqui is now firmly 
established on Maui and the Island of Hawaii and E. planirostris is on 
Kauai, Oahu, Maui, and the Island of Hawaii. The sites where they are 
established include commercial plant nurseries, residential areas, 
resorts, hotels, parks, and forest habitats. Eleutherodactylus are 
spread to additional sites primarily through transportation of infested 
plant material to uninfested areas.
    There is great concern that these frogs pose a threat to both 
agriculture and the native Hawaiian forest ecosystem, including many 
endangered species. The majority of native birds are partially or 
completely insectivorous. In addition, the Hawaiian hoary bat and other 
arthropods depend upon insects and spiders as a food source. Because E. 
coqui tolerates a higher elevational range, it may invade native 
rainforest and mesic forests in Hawaii. They may exert a tremendous 
predation pressure on a wide variety of native arthropods, many of 
which are already stressed to the edge of extinction due to the 
establishment of other alien predators and parasitoids. According to 
Dr. Fred Kraus, Alien Species Coordinator with the Hawaii Department of 
Land and Natural Resources, Forestry and Wildlife Division, currently 
none of the sites infested with Eleutherodactylus are habitats for 
endangered species. However, there is a potential for the frogs to 
enter these habitats, particularly near the Hawaii Volcanoes National 
Park, where the nearest infested area is about two miles away.
    The Applicant proposes to make up to twelve applications per acre 
per year of 100-200 pounds of product (99-198 pounds of caffeine) in 
1,200 gallons of water per acre. However, a maximum of 1,200 pounds of 
product (1,188 pounds caffeine) will be applied per acre per year. The 
projected acreage for 2001-2002, is 2,000 acres on floriculture and 
nursery crops, parks, hotels, resort areas, and forest habitats in the 
entire state of Hawaii. Therefore, a maximum of 2,376,000 pounds of 
caffeine could be applied.
    This notice does not constitute a decision by EPA on the 
application itself. The regulations governing section 18 of FIFRA 
require publication of a notice of receipt of an application for a 
specific exemption proposing use of a new chemical (i.e., an active 
ingredient) which has not been registered by the

[[Page 35976]]

EPA. The notice provides an opportunity for public comment on the 
application.
    The Agency, will review and consider all comments received during 
the comment period in determining whether to issue the specific 
exemption requested by the Hawaii Department of Agriculture.

List of Subjects

    Environmental protection, Pesticides and pests.


    Dated: June 26, 2001.
James Jones,
Director, Registration Division, Office of Pesticide Programs.

[FR Doc. 01-17205 Filed 7-9-01; 8:45 am]
BILLING CODE 6560-50-S