61099
Federal
Register
/
Vol.
67,
No.
188
/
Friday,
September
27,
2002
/
Notices
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
or
collection
activity.
7.
Make
sure
to
submit
your
comments
by
the
deadline
in
this
notice.
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.
Cancellations
EPA
is
publishing
this
notice
in
response
to
the
registrant's
request
to
cancel
all
their
registrations
for
products
containing
fenamiphos,
effective
as
of
May
31,
2007.
Please
refer
to
the
table
below
for
specific
product
registrations
that
are
subject
to
cancellation.
EPA
assessed
the
risk
associated
with
the
use
of
fenamiphos
pesticide
products
and
determined
additional
data
needs
and/
or
mitigation
measures
were
necessary,
where
applicable,
to
support
the
continued
use
of
fenamiphos
products.
Consequently,
Bayer
Corporation,
the
sole
registrant
of
fenamiphos,
elected
to
request
voluntary
cancellation
of
all
their
fenamiphos
product
registrations.
Bayer
noted
its
decision
was
predicated
largely
on
the
limited
use
of
fenamiphos,
relative
to
the
expenses
associated
with
supporting
the
chemical.
In
conjunction
with
the
request
for
voluntary
cancellation,
Bayer
Corporation
has
also
agreed
to
amend
their
existing
fenamiphos
product
registrations
and
implement
interim
risk
mitigation
measures.
EPA
intends
to
accept
the
registrant's
request
barring
adverse
comments
received
during
the
30Ð
day
public
comment
period.
Pursuant
to
section
6(
f)(
1)(
A)
of
FIFRA,
Bayer
Corporation,
8400
Hawthorne
Rd.,
P.
O.
Box
4913,
Kansas
City,
MO
64120Ð
0013
has
submitted
a
request
to
cancel
their
existing
manufacturing
and
end­
use
product
registrations
containing
fenamiphos,
effective
as
of
May
31,
2007.
The
product
registrations,
for
which
cancellations
were
requested,
are
identified
in
the
following
table:

Fenamiphos
Products
EPA
Registrations
Nemacur
TechnicalInsecticide
3125­
269
Nemacur
Concentrate
Nematicide­
Insecticide
3125­
333
Nemacur
3
3125­
283
Nemacur
15%
Granular
3125­
283
Nemacur
10%
Turf
and
Ornamental
Nematicide
3125­
237
B.
Amendments
In
addition
to
the
request
to
cancel
all
of
their
fenamiphos
product
registrations,
Bayer
has
also
agreed
to
amend
their
existing
fenamiphos
product
registrations
to:
(1)
Prohibit
all
use
and
formulation
for
use
on
extremely
vulnerable
soils
after
May
31,
2005;
(2)
cap
production
at
500,000
pounds
for
fenamiphos
manufacturinguse
products
used
in
the
United
States
for
the
year
ending
May
31,
2003;
and
(3)
cap
production
for
each
subsequent
year
at
20%
of
the
previous
year's
production
during
the
5Ð
year
phase­
out
period.
Lastly,
Bayer
has
submitted
revised
labels
to
the
Agency
to
implement
the
risk
mitigation
measures
and
changes
to
the
product
labels
identified
in
the
fenamiphos
IRED
document
(i.
e.,
establishing
seasonal
maximum
application
rates
and
reducing
current
rates).

III.
Proposed
Existing
Stocks
and
Import
Tolerances
Provisions
A.
Existing
Stocks
Bayer
has
requested
voluntary
cancellation
of
the
fenamiphos
registrations
identified
in
the
table
above.
EPA
intends
to
grant
the
request
for
voluntary
cancellation,
effective
as
of
May
31,
2007.
For
purposes
of
the
cancellation
order
that
the
Agency
intends
to
issue
at
the
close
of
the
comment
period
for
this
announcement,
the
term
``
existing
stocks''
will
be
defined,
pursuant
to
EPA's
existing
stocks
policy
at
56
FR
29362,
as
those
stocks
of
a
registered
pesticide
product
which
are
currently
in
the
United
States
and
which
have
been
packaged,
labeled,
and
released
for
shipment
prior
to
the
effective
date
of
the
cancellation
or
amendment.
As
of
May
31,
2007,
all
sale
and
distribution
by
Bayer,
the
sole
registrant,
of
existing
stocks
(manufacturing­
use
and
end­
use
products),
shall
be
prohibited.
Persons
other
than
the
registrant
may
sell
and
distribute
such
products
until
May
31,
2008.
Use
of
stocks
in
the
channels
of
trade
may
continue
until
depleted,
except
where
prohibited
by
the
label.
Any
distribution,
sale,
or
use
of
existing
stocks
after
the
effective
date
of
the
cancellation
order
that
the
Agency
intends
to
issue
that
is
not
consistent
with
the
terms
of
that
order
will
be
considered
a
violation
of
section
12(
a)(
2)(
K)
and/
or
12(
a)(
1)(
A)
of
FIFRA.

B.
Import
Tolerances
The
registrant
anticipates
that
commodities
treated
with
fenamiphos
may
continue
to
be
imported
into
the
United
States
after
the
final
effective
date
of
cancellation,
and
after
existing
stocks
in
the
United
States
are
exhausted.
As
such,
Bayer
intends
to
support
import
tolerances
for
banana,
citrus,
grape,
pineapple,
and
garlic.

List
of
Subjects
Environmental
protection,
Chemicals,
Cancellations.

September
19,
2002.
Lois
A.
Rossi,
Director,
Special
Review
and
Reregistration
Division,
Office
of
Pesticide
Programs.
[FR
Doc.
02Ð
24648
Filed
9Ð
26Ð
02;
8:
45
am]

BILLING
CODE
6560–
50–
S
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.

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
purine2,6
dione,
3,7­
dihydro­
1,3,7­
trimethyl­)
(CAS
No.
58Ð
08Ð
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.

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Federal
Register
/
Vol.
67,
No.
188
/
Friday,
September
27,
2002
/
Notices
DATES:
Comments,
identified
by
docket
ID
number
OPPÐ
2002Ð
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
20460Ð
0001;
telephone
number:
(703)
305Ð
6463;
fax
number:
(703)
308Ð
5433;
e­
mail
address:
Sec­
18­
Mailbox@
epamail.
epa.
gov.

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
OPPÐ
2002Ð
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)
305Ð
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
email
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
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/
Vol.
67,
No.
188
/
Friday,
September
27,
2002
/
Notices
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
OPPÐ
2002Ð
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
opp­
docket@
epa.
gov,
Attention:
Docket
ID
Number
OPPÐ
2002Ð
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
20460Ð
0001,
Attention:
Docket
ID
Number
OPPÐ
2002Ð
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
OPPÐ
2002Ð
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
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188
/
Friday,
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27,
2002
/
Notices
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
2002Ð
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.
02Ð
24489
Filed
9Ð
26Ð
02;
8:
45
am]

BILLING
CODE
6560–
50–
S
ENVIRONMENTAL
PROTECTION
AGENCY
[OPPT–
2002–
0038;
FRL–
7188–
1]

Lead­
Based
Paint
Activities
in
Target
Housing
and
Child­
Occupied
Facilities;
State
of
Illinois
Authorization
of
LeadBased
Paint
Activities
Program
AGENCY:
Environmental
Protection
Agency
(EPA).

ACTION:
Notice;
final
approval
of
the
Illinois
TSCA
Section
402/
404
LeadBased
Paint
Accreditation
and
Certification
Program.

SUMMARY:
On
October
12,
2001,
the
State
of
Illinois,
through
the
Illinois
Department
of
Public
Health
(IDPH),
submitted
an
application
for
EPA
final
approval
to
administer
and
enforce
training
and
certification
requirements,
training
program
accreditation
requirements,
and
work
practice
standards
for
lead­
based
paint
activities
in
target
housing
and
child­
occupied
facilities
under
section
402
of
the
Toxic
Substances
Control
Act
(TSCA).
This
notice
announces
the
approval
of
Illinois'
application,
and
the
authorization
of
the
Illinois
Department
of
Public
Health's
lead­
based
paint
program
to
apply
in
the
State
of
Illinois
effective
April
11,
2002,
in
lieu
of
the
Federal
program
under
section
402
of
TSCA.

DATES:
Lead­
based
paint
activities
program
authorization
was
granted
to
the
State
of
Illinois
effective
April
11,
2002.

FOR
FURTHER
INFORMATION
CONTACT:
By
mail:
Larisa
Leonova,
State
of
Illinois
Project
Officer,
Pesticides
and
Toxics
Branch,
(DT­
8J),
Environmental
Protection
Agency,
Region
V,
77
West
Jackson
Blvd.,
Chicago,
IL
60604;
telephone:
(312)
353Ð
5838;
e­
mail
address:
leonova.
larisa@
epamail.
epa.
gov.

SUPPLEMENTARY
INFORMATION:

I.
General
Information
A.
Does
this
Action
Apply
to
Me?

This
action
is
directed
to
the
public
in
general.
This
action
may,
however,
be
of
interest
to
firms
and
individuals
engaged
in
lead­
based
paint
activities
in
Illinois.
Since
other
entities
may
also
be
interested,
the
Agency
has
not
attempted
to
describe
all
the
specific
entities
that
may
be
affected
by
this
action.
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
or
Other
Related
Documents?

1.
Electronically.
You
may
obtain
electronic
copies
of
this
Federal
Register
notice
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''
and
then
look
up
the
entry
for
this
document
under
the
``
Federal
RegisterÑ
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
ID
number
OPPTÐ
2002Ð
0038.
The
official
record
consists
of
the
documents
specifically
referenced
in
this
action,
this
notice,
the
State
of
Illinois'
authorization
application,
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
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
from
8
a.
m.
to
4:
30
p.
m.,
Monday
through
Friday,
excluding
legal
holidays.
The
docket
is
located
at
the
EPA
Region
V
Office,
Waste,
Pesticides
and
Toxics
Division,
Pesticides
and
Toxics
Branch,
Toxics
Program
Section,
(DT­
8J),
77
West
Jackson
Blvd.,
Chicago,
IL
60604.

II.
Background
A.
What
Action
is
the
Agency
Taking?
EPA
issued
correspondence
to
the
Illinois
Department
of
Public
Health
dated
May
6,
1999,
which
granted
a
3Ð
year
interim
approval
of
the
Illinois
Lead
Poisoning
Prevention
Program.
The
interim
approval
authorized
the
Department
to
enforce
the
Illinois
Lead
Poisoning
Prevention
Act
(LPPA),
410
ILCS
45,
and
Lead
Poisoning
Prevention
Code
(LPPC),
77
Ill
Adm.
Code
845,
in
lieu
of
the
Federal
program.
The
effective
date
of
the
interim
approval
was
April
16,
1999
(published
by
EPA
in
the
Federal
Register
of
February
29,
2000
(65
FR
10787)
(FRLÐ
6399Ð
4).
As
a
condition
of
the
interim
approval,
the
Department
was
required
to
submit
a
request
for
full
(final)
approval
of
the
Illinois
Program
at
least
180
days
prior
to
the
expiration
of
the
3Ð
year
interim
approval.
Illinois
applied
for
final
approval
and
authorization
to
enforce
its
Lead
Poisoning
Prevention
Program
on
October
12,
2001.
The
Department
provided
amended
copies
of
the
LPPA,
LPPC,
and
the
program
policies
that
govern
the
administration
of
the
program.
Copies
of
the
correspondence
from
the
Illinois
Attorney
General's
office
indicating
the
inapplicability
of
the
Illinois
Environmental
Audit
Privilege
Law
to
the
Illinois
LPPA
and
EPA's
response
accepting
the
opinion
offered
by
the
Illinois
Attorney
General's
office
were
also
included
with
this
application.
These
materials
resolved
the
only
remaining
issue
dealing
with
the
applicability
of
the
Illinois
Environmental
Audit
Privilege
Law
to
the
enforcement
of
the
LPPA
and
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