[Federal Register Volume 67, Number 188 (Friday, September 27, 2002)]
[Notices]
[Pages 61099-61102]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-24489]


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ENVIRONMENTAL PROTECTION AGENCY

[OPP-2002-0260; FRL-7275-2]


Caffeine; 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 quarantine exemption request from the U.S. 
Department of Agriculture Animal and Plant Health Inspection Service to 
use the pesticide caffeine (1H-purine-2,6-dione,3,7-dihydro-1,3,7-
trimethyl-) (CAS No. 58-08-2) to treat up to 200 acres of floriculture 
and nursery crops, parks, hotels and 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 EPA. EPA is 
soliciting public comment before making the decision whether or not to 
grant the exemption.

[[Page 61100]]


DATES: Comments, identified by docket ID number OPP-2002-0260 must be 
received on or before October 15, 2002.

ADDRESSES: Comments may be submitted electronically, by mail, or 
through hand delivery/courier. Follow the detailed instructions as 
provided in Unit I. of the SUPPLEMENTARY INFORMATION.

FOR FURTHER INFORMATION CONTACT: Barbara Madden, Registration Division 
(7505C), Office of Pesticide Programs, Environmental Protection Agency, 
1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; 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 are a federal 
or state government agency involved in administration of environmental 
quality programs. Potentially affected entities may include, but are 
not limited to:
    Federal or state government entity, (NAICS 9241), e.g., Department 
of Agriculture, Environment, etc.
    This listing is not intended to be exhaustive, but rather provides 
a guide for readers regarding entities likely to be affected by this 
action. Other types of entities not listed in this unit could also be 
affected. The North American Industrial Classification System (NAICS) 
codes have been provided to assist you and others in determining 
whether this action might apply 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 Copies of this Document and Other Related Information?

    1. Docket. EPA has established an official public docket for this 
action under docket identification (ID) number OPP-2002-0260. The 
official public docket consists of the documents specifically 
referenced in this action, any public comments received, and other 
information related to this action. Although a part of the official 
docket, the public docket does not include Confidential Business 
Information (CBI) or other information whose disclosure is restricted 
by statute. The official public docket is the collection of materials 
that is available for public viewing at the Public Information and 
Records Integrity Branch (PIRIB), Rm. 119, Crystal Mall 2, 
1921 Jefferson Davis Hwy., Arlington, VA. This docket facility is open 
from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal 
holidays. The docket telephone number is (703) 305-5805.
    2. Electronic access. You may access this Federal Register document 
electronically through the EPA Internet under the ``Federal Register'' 
listings at http://www.epa.gov/fedrgstr/.
    An electronic version of the public docket is available through 
EPA's electronic public docket and comment system, EPA Dockets. You may 
use EPA Dockets at http://www.epa.gov/edocket/ to submit or view public 
comments, access the index listing of the contents of the official 
public docket, and to access those documents in the public docket that 
are available electronically. Once in the system, select ``search,'' 
then key in the appropriate docket ID number.
    Certain types of information will not be placed in the EPA Dockets. 
Information claimed as CBI and other information whose disclosure is 
restricted by statute, which is not included in the official public 
docket, will not be available for public viewing in EPA's electronic 
public docket. EPA's policy is that copyrighted material will not be 
placed in EPA's electronic public docket but will be available only in 
printed, paper form in the official public docket. To the extent 
feasible, publicly available docket materials will be made available in 
EPA's electronic public docket. When a document is selected from the 
index list in EPA Dockets, the system will identify whether the 
document is available for viewing in EPA's electronic public docket. 
Although not all docket materials may be available electronically, you 
may still access any of the publicly available docket materials through 
the docket facility identified in Unit I.B.1. EPA intends to work 
towards providing electronic access to all of the publicly available 
docket materials through EPA's electronic public docket.
    For public commenters, it is important to note that EPA's policy is 
that public comments, whether submitted electronically or in paper, 
will be made available for public viewing in EPA's electronic public 
docket as EPA receives them and without change, unless the comment 
contains copyrighted material, CBI, or other information whose 
disclosure is restricted by statute. When EPA identifies a comment 
containing copyrighted material, EPA will provide a reference to that 
material in the version of the comment that is placed in EPA's 
electronic public docket. The entire printed comment, including the 
copyrighted material, will be available in the public docket.
    Public comments submitted on computer disks that are mailed or 
delivered to the docket will be transferred to EPA's electronic public 
docket. Public comments that are mailed or delivered to the docket will 
be scanned and placed in EPA's electronic public docket. Where 
practical, physical objects will be photographed, and the photograph 
will be placed in EPA's electronic public docket along with a brief 
description written by the docket staff.

C. How and To Whom Do I Submit Comments?

    You may submit comments electronically, by mail, or through hand 
delivery/courier. To ensure proper receipt by EPA, identify the 
appropriate docket ID number in the subject line on the first page of 
your comment. Please ensure that your comments are submitted within the 
specified comment period. Comments received after the close of the 
comment period will be marked ``late.'' EPA is not required to consider 
these late comments. If you wish to submit CBI or information that is 
otherwise protected by statute, please follow the instructions in Unit 
I.D. Do not use EPA Dockets or e-mail to submit CBI or information 
protected by statute.
    1. Electronically. If you submit an electronic comment as 
prescribed in this unit, EPA recommends that you include your name, 
mailing address, and an e-mail address or other contact information in 
the body of your comment. Also include this contact information on the 
outside of any disk or CD ROM you submit, and in any cover letter 
accompanying the disk or CD ROM. This ensures that you can be 
identified as the submitter of the comment and allows EPA to contact 
you in case EPA cannot read your comment due to technical difficulties 
or needs further information on the substance of your comment. EPA's 
policy is that EPA will not edit your comment, and any identifying or 
contact information provided in the body of a comment will be included 
as part of the comment that is placed in the official public docket, 
and made available in EPA's electronic public docket. If EPA cannot 
read your comment due to technical difficulties and cannot contact you 
for clarification, EPA may not be able to consider your comment.
    i. EPA Dockets. Your use of EPA's electronic public docket to 
submit comments to EPA electronically is EPA's preferred method for 
receiving comments. Go directly to EPA Dockets

[[Page 61101]]

at http://www.epa.gov/edocket, and follow the online instructions for 
submitting comments. Once in the system, select ``search,'' and then 
key in docket ID number OPP-2002-0260. The system is an ``anonymous 
access'' system, which means EPA will not know your identity, e-mail 
address, or other contact information unless you provide it in the body 
of your comment.
    ii. E-mail. Comments may be sent by e-mail to [email protected], 
Attention: Docket ID Number OPP-2002-0260. In contrast to EPA's 
electronic public docket, EPA's e-mail system is not an ``anonymous 
access'' system. If you send an e-mail comment directly to the docket 
without going through EPA's electronic public docket, EPA's e-mail 
system automatically captures your e-mail address. E-mail addresses 
that are automatically captured by EPA's e-mail system are included as 
part of the comment that is placed in the official public docket, and 
made available in EPA's electronic public docket.
    iii. Disk or CD ROM. You may submit comments on a disk or CD ROM 
that you mail to the mailing address identified in Unit I.C.2. These 
electronic submissions will be accepted in WordPerfect or ASCII file 
format. Avoid the use of special characters and any form of encryption.
    2. By mail. Send your comments to: Public Information and Records 
Integrity Branch (PIRIB), Office of Pesticide Programs (OPP), 
Environmental Protection Agency (7502C), 1200 Pennsylvania Ave., NW., 
Washington, DC 20460-0001, Attention: Docket ID Number OPP-2002-0260.
    3. By hand delivery or courier. Deliver your comments to: Public 
Information and Records Integrity Branch (PIRIB), Office of Pesticide 
Programs (OPP), Environmental Protection Agency, Rm. 119, Crystal Mall 
2, 1921 Jefferson Davis Hwy., Arlington, VA, Attention: Docket 
ID Number OPP-2002-0260. Such deliveries are only accepted during the 
Docket's normal hours of operation as identified in Unit I.B.1.

D. How Should I Submit CBI to the Agency?

    Do not submit information that you consider to be CBI 
electronically through EPA's electronic public docket or by e-mail. You 
may claim information that you submit to EPA as CBI by marking any part 
or all of that information as CBI (if you submit CBI on disk or CD ROM, 
mark the outside of the disk or CD ROM as CBI and then identify 
electronically within the disk or CD ROM the specific information that 
is 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 docket and EPA's electronic public docket. If you submit 
the copy that does not contain CBI on disk or CD ROM, mark the outside 
of the disk or CD ROM clearly that it does not contain CBI. Information 
not marked as CBI will be included in the public docket and EPA's 
electronic public docket 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 notice.
    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 
ID 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. The U.S. Department of 
Agriculture, Animal and Plant Health Inspection Service (USDA, APHIS) 
has requested the Administrator to issue a quarantine exemption for the 
use of caffeine on floriculture and nursery crops, parks, hotels and 
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 it is necessary 
to control the Coqui and Greenhouse frogs (Eleutherodactylus coqui and 
E. planirostris), in areas of Hawaii where they have become 
accidentally introduced, via infested nursery plantings. These species 
are not native to Hawaii, but come from the Caribbean, and have the 
potential to cause serious damage to the native ecosystems, including 
endangered and threatened species. 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 and 
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 serious threat to 
both agriculture and the native Hawaiian forest ecosystems, including 
many endangered species. These species may exert 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. Additionally, these frog species 
will compete for insect food sources with native birds, the majority of 
which are partially or completely insectivorous. The Hawaiian hoary bat 
and other arthropods also depend upon insects and spiders as a food 
source. E. coqui tolerates a higher elevational range, and therefore 
may invade native rainforest and mesic forests in Hawaii. 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 2 miles away. Another 
concern is that increase in populations of these frog species will 
provide a food source for, and enhance, the already large populations 
of introduced predators, such as rats and mongooses. In turn, this 
would further increase predation pressure on native birds, a dynamic 
which has been demonstrated elsewhere

[[Page 61102]]

and suspected to occur for other species in Hawaii.
    The Applicant proposes to make up to 12 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 only 1,200 
pounds of product (1,188 pounds caffeine) will be applied per acre per 
year. The projected acreage for 2002-2003 is 200 acres of floriculture 
and nursery crops, parks, hotels and resort areas, and forest habitats 
throughout the state of Hawaii. Therefore, a maximum of 240,000 pounds 
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 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 quarantine 
exemption requested by the USDA, APHIS.

List of Subjects

    Environmental protection, Pesticides and pests.

    Dated: September 20, 2002.
Peter Caulkins,
Acting Director, Registration Division, Office of Pesticide Programs.

[FR Doc. 02-24489 Filed 9-26-02; 8:45 am]
BILLING CODE 6560-50-S