57286 Federal Register / Vol. 69, No. 185 / Friday, September 24, 2004 / Notices 

ENVIRONMENTAL PROTECTION 

AGENCY

[OPP–2004–0290; FRL–7679–3]

Calcium Hydroxide; 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 

Hawaii Department of Agriculture to use 

the pesticide calcium hydroxide (CAS 

No. 1305–62–0) to treat up to 4,000 

acres of outdoor plants in nurseries, 

residential areas, parks, hotels and 

resorts, forest habitats, and natural areas 

to control Coqui and Greenhouse frogs. 

The Applicant proposes the use of a 

chemical in a manner which is likely to 

be of interest to the public. EPA is 

soliciting public comment before 

making the decision whether or not to 

grant the exemption request.

DATES: Comments, identified by docket 

identification (ID) number OPP–2004–

0290, must be received on or before 

October 12, 2004.

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:

Stacey Milan Groce, Registration 

Division (7505C), Office of Pesticide 

Programs, Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460–0001; telephone 

number: (703) 305–2505; fax number: 

(703) 308–5433; e-mail address: 

milan.stacey@epa.gov.

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 entities 

may include, but are not limited to:

• Federal or State Government 

Entities (NAICS 9241), i.e, Departments 

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 ID number OPP–2004–

0290. 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, 1801 S. Bell St., 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 email address or other contact 

information in the body of your 

comment. Also include this contact 

Federal Register / Vol. 69, No. 185 / Friday, September 24, 2004 / Notices 57287

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 

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–2004–0290. 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 OPP–

2004–0290. 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) (7502C), Office 

of Pesticide Programs (OPP), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001, Attention: Docket ID 

Number OPP–2004–0290.

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, 1801 S. Bell St., 

Arlington, VA, Attention: Docket ID 

Number OPP–2004–0290. 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

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 Hawaii 

Department of Agriculture has requested 

the Administrator to issue a quarantine 

exemption for the use of calcium 

hydroxide on outdoor plants in 

nurseries, residential areas, parks, hotels 

and resorts, forest habitats, and natural 

areas 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 been 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 with 

smaller populations on Kauai and Oahu. 

E. planirostris is also found 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, forest habitats and natural areas. 

The species are spread to additional 

sites primarily through transportation of 

infested plant materials to uninfested 

sites.

The Applicant asserts that these frogs 

pose a serious threat to both agriculture 

and the native Hawaiian forest 

ecosystems, including many endangered 

species. In particular, Eleutherodactylus

frogs have the potential to be a serious 

threat to native endangered bird species. 

The E. coqui may exert predation 

pressure on a wide variety of native 

arthropods, many of which are already 

stressed 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 

57288 Federal Register / Vol. 69, No. 185 / Friday, September 24, 2004 / Notices 

partially or completely insectivorous. 

The Hawaiian hoary bat and many 

arthropod species also depend upon 

insects and spiders as a food source. 

The exemption application indicates 

that another concern is that the rapid 

increase in populations of these frog 

species could provide a food source for 

and enhance the already large 

populations of introduced predators, 

such as rats and mongooses.

In 2002, EPA granted the Hawaii 

Department of Agriculture a section 18 

emergency exemption for the use of 

caffeine to control the Eleutherodactylus

frogs. However, there was minimal 

usage of that section 18 program for 

caffeine.

In this request, the Applicant 

proposes to make a maximum of twelve 

applications per year at a rate of 250 

pounds of product per acre (242.5 lbs. 

a.i. per acre) for foliar applications and 

500 pounds per acre (485 lbs. a.i. per 

acre) for dust and soil drench 

applications. The projected acreage for 

2004 through 2006 is 4,000 acres on 

outdoor plant nurseries, residential 

areas, resorts and hotels, parks, forest 

habitats, and natural areas throughout 

the entire state of Hawaii. Therefore, a 

maximum of 36,000,000 lbs. of calcium 

hydroxide could be applied using foliar 

applications and a maximum of 

72,000,000 pounds of calcium 

hydroxide could be applied using dust 

and soil drench applications.

This notice does not constitute a 

decision by EPA on the application 

itself. Section 166.24 of the regulations 

governing section 18 of FIFRA indicates 

categories of exemption applications for 

which a notice of receipt should be 

published. An analogous exemption 

program intended to control introduced 

frogs in Hawaii involving the chemical 

caffeine drew significant public interest. 

Thus, EPA has determined that 

publication of this notice of receipt 

under 40 CFR 166.24(a)(7) is 

appropriate.

The notice provides a 15-day 

opportunity for public comment on the 

section 18 application for the use of 

calcium hydroxide against introduced 

frogs in Hawaii.

The Agency, will review and consider 

all comments received during the 

comment period in determining 

whether to issue the quarantine 

exemption requested by the Hawaii 

Department of Agriculture.

List of Subjects

Environmental protection, Pesticides 

and pests.

Dated: September 17, 2004.

Betty Shackleford,

Acting Director, Registration Division, Office 

of Pesticide Programs.

[FR Doc. 04–21508 Filed 9–23–04; 8:45 am]

BILLING CODE 6560–50–S

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–7817–4] 

Connecticut Marine Sanitation Device 

Standard; Notice of Determination 

Coastal waters between Wamphassuc 

Point and Eastern Point, including 

portions of Fishers Island Sound, Pine 

Island Bay, Baker Cove, Mumford Cove, 

West Cove, Mystic Harbor, Mystic River, 

Quiambog Cove, lower portions of the 

Poquonnock River and lower portions of 

Palmer Cove in Connecticut. 

On April 16, 2004 notice was 

published that the State of Connecticut 

had petitioned the Regional 

Administrator, Environmental 

Protection Agency, to determine that 

adequate facilities for the safe and 

sanitary removal and treatment of 

sewage from all vessels are reasonably 

available for all waters between 

Wamphassuc Point and Eastern Point, 

including portions of Fishers Island 

Sound, Pine Island Bay, Baker Cove, 

Mumford Cove, West Cove, Mystic 

Harbor, Mystic River, Quiambog Cove, 

lower portions of the Poquonnock River 

and lower portions of Palmer Cove. The 

petition was filed pursuant to Section 

312(f)(3) of Public Law 92–500, as 

amended by Public Laws 95–217 and 

100–4, for the purpose of declaring 

these waters a ‘‘No Discharge Area’’

(NDA). 

Section 312(f)(3) states: After the 

effective date of the initial standards 

and regulations promulgated under this 

section, if any State determines that the 

protection and enhancement of the 

quality of some or all of the waters 

within such States require greater 

environmental protection, such State 

may completely prohibit the discharge 

from all vessels of any sewage, whether 

treated or not, into such waters, except 

that no such prohibition shall apply 

until the Administrator determines that 

adequate facilities for the safe and 

sanitary removal and treatment of 

sewage from all vessels are reasonably 

available for such water to which such 

prohibition would apply. 

The information submitted to me by 

the State of Connecticut certified that 

there are eleven disposal facilities 

available to service vessels operating in 

the Groton/Mystic portions of 

Connecticut waters. A list of the 

facilities, phone numbers, locations, and 

hours of operation is appended at the 

end of the determination. 

Based on the examination of the 

petition and its supporting information, 

which included site visits by EPA New 

England staff, I have determined that 

adequate facilities for the safe and 

sanitary removal and treatment of 

sewage from all vessels are reasonably 

available for the area covered under this 

determination. 

The area covered under this 

determination extends from Eastern 

Point, Groton at (41°19′08.94′′ N by 

72°04′31.09′′ W) due south to the 

boundary between Connecticut and 

New York at (41°15′54.55′′ N by 

72°04′31.09′′ W), then northeasterly 

following the boundary between 

Connecticut and New York to 

(41°17′26.34′′ N by 72°01′10.94′′ W) then 

continuing northeasterly following the 

boundary between Connecticut and 

New York to (41°18′37.84′′ N by 

71°55′47.63′′ W) then south east 

following the boundary between 

Connecticut and New York to a point 

due south of Wamphassuc Point at 

(41°18′28.99′′ N by 71°55′15.75′′ W), 

then due north past Noyes shoal to 

Wamphassuc Point (41°19′40.63′′ N by 

71°55′15.75′′ W), and following the 

boundary between Connecticut and 

Rhode Island to U. S. Route 1 over the 

Pawcatuck River and including all 

Connecticut waters seaward of U.S. 

Route 1. 

This determination is made pursuant 

to Section 312(f)(3) of Public Law 92–

500, as amended by Public Laws 95–217 

and 100–4. 

EPA has prepared a response to the 

one written comment it received during 

the 45-day comment period, and it may 

be requested from EPA by writing to: 

Ann Rodney, U.S. EPA New England, 1 

Congress Street, Suite 1100, CWQ, 

Boston, MA 02114–2023.

Dated: September 13, 2004. 

Robert Varney, 

Regional Administrator.

Name Location Contact information Hours of operation Mean low water depth Fee 

Shennecossett 

Yacht Club.

Pine Island Bay ..... VHF CH 68; 860–445–

7892.

June–Sept, 9 a.m.–

6 p.m.

7 feet ................................ Members Free, $5 

for non–members.