8942 Federal Register / Vol. 75, No. 38 / Friday, February 26, 2010 / Notices 

Code: 392201. Proposed classification: 

None. Use: For insect control on citrus, 

grapes, pome fruit, stone fruit, tree nuts, 

hops, Christmas tree plantations, 

vegetables, and potato. 

List of Subjects 

Environmental protection, Pesticides 

and pest. 

Dated: February 18, 2010. 

G. Jeffrey Herndon, 

Acting Director, Registration Division, Office 

of Pesticide Programs. 

[FR Doc. 2010–3857 Filed 2–25–10; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2009–0977; FRL–8813–6] 

Maneb; Product Cancellation Order for 

Certain Pesticide Registrations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Order. 

SUMMARY: This notice announces EPA’s 

order for the cancellations, voluntarily 

requested by the registrant and accepted 

by the Agency, of products containing 

the pesticide maneb, pursuant to section 

6(f)(1) of the Federal Insecticide, 

Fungicide, and Rodenticide Act 

(FIFRA), as amended. This cancellation 

order follows a January 6, 2010 Federal 

Register Notice of Receipt of Requests 

from the registrant, Drexel Chemical 

Company, to voluntarily cancel these 

product registrations. These are not the 

last products containing this pesticide 

registered for use in the United States. 

In the January 6, 2010 notice, EPA 

indicated that it would issue an order 

implementing the cancellations unless 

the Agency received substantive 

comments within the 30–day comment 

period that would merit its further 

review of these requests or unless the 

registrant withdrew their requests 

within this period. The Agency did not 

receive any comments on the notice. 

Further, the registrant did not withdraw 

their requests. Accordingly, EPA hereby 

issues in this notice a cancellation order 

granting the requested cancellations. 

Any distribution, sale, or use of the 

products subject to this cancellation 

order is permitted only in accordance 

with the terms of this order, including 

any existing stocks provisions. 

DATES: The cancellations are effective 

February 26, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Barbara Briscoe, Pesticide Re-evaluation 

Division (7508P), Office of Pesticide 

Programs, Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460–0001; telephone 

number: (703) 308–8177; fax number: 

(703) 308–8090; e-mail address: 

Briscoe.Barbara@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Action Apply to Me? 

This action is directed to the public 

in general, and may be of interest to a 

wide range of stakeholders including 

environmental, human health, and 

agricultural advocates; the chemical 

industry; pesticide users; and members 

of the public interested in the sale, 

distribution, or use of pesticides. Since 

others also may 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 Copies of this 

Document and Other Related 

Information? 

EPA has established a docket for this 

action under docket identification (ID) 

number EPA–HQ–OPP–2009–0977. 

Publicly available docket materials are 

available either in the electronic docket 

at http://www.regulations.gov, or, if only 

available in hard copy, at the Office of 

Pesticide Programs (OPP) Regulatory 

Public Docket in Rm. S–4400, One 

Potomac Yard (South Bldg.), 2777 S. 

Crystal Dr., Arlington, VA. The hours of 

operation of this Docket Facility are 

from 8:30 a.m. to 4 p.m., Monday 

through Friday, excluding legal 

holidays. The Docket Facility telephone 

number is (703) 305–5805. 

II. What Action is the Agency Taking? 

This notice announces the 

cancellation, as requested by registrants, 

of products registered under section 3 of 

FIFRA. These registrations are listed in 

sequence by registration number in 

Table 1. 

TABLE 1.—MANEB PRODUCT

CANCELLATIONS

EPA Registration Number Product Name 

019713–00378 Drexel Manzeb 80W 

019713–00379 IDA, Inc. Maneb 80W 

019713–00380 Drexel Manzi Flowable 

019713–00381 IDA Maneb 4L 

Table 2 below includes the name and 

address of record for the registrant of the 

products listed in Table 1. 

TABLE 2.—REGISTRANT OF CANCELED

PRODUCTS

EPA Company 

Number 

Company Name and Address 

019713 Drexel Chemical Company 

1700 Channel Ave. 

P. O. Box 13327 

Memphis, TN 38113 

III. Summary of Public Comments 

Received and Agency Response to 

Comments 

During the public comment period 

provided, EPA received no comments in 

response to the January 6, 2010 Federal 

Register notice announcing the 

Agency’s receipt of the requests for 

voluntary cancellation of the products 

listed in Table 1. 

IV. Cancellation Order 

Pursuant to FIFRA section 6(f), EPA 

hereby approves the requested 

cancellations of the maneb registrations 

identified in Table 1. Accordingly, the 

Agency orders that the product 

registrations identified in Table 1 are 

hereby canceled. Any distribution, sale, 

or use of existing stocks of the products 

identified in Table 1 in a manner 

inconsistent with any of the Provisions 

for Disposition of Existing Stocks set 

forth in Unit VI. will be considered a 

violation of FIFRA. 

V. What is the Agency’s Authority for 

Taking this Action? 

Section 6(f)(1) of FIFRA provides that 

a registrant of a pesticide product may 

at any time request that any of its 

pesticide registrations be canceled. 

FIFRA further provides that, before 

acting on the request, EPA must publish 

a notice of receipt of any such request 

in the Federal Register. Thereafter, 

following the public comment period, 

the Administrator may approve such a 

request. 

VI. Provisions for Disposition of 

Existing Stocks 

Existing stocks are those stocks of 

registered pesticide products which are 

currently in the United States and 

which were packaged, labeled, and 

released for shipment prior to the 

effective date of the cancellation action. 

EPA anticipates allowing sale, 

distribution and use in the cancellation 

order as described below. 

1. The registrant may continue to sell 

or distribute existing stocks of maneb 


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Federal Register / Vol. 75, No. 38 / Friday, February 26, 2010 / Notices 8943 

end-use products until such stocks are 

exhausted. 

2. Persons other than the registrant 

may continue to sell or distribute 

existing stocks of maneb products 

identified in Table 1 with previously 

approved labeling until such stocks are 

exhausted. 

3. Persons other than the registrant 

may use the maneb end use products 

identified in Table 1 until exhausted. 

Any use of existing stocks must be in a 

manner consistent with the previously 

approved labeling for that product. 

List of Subjects 

Environmental protection, Pesticides 

and pests. 

Dated: February 18, 2010. 

Richard P. Keigwin, Jr. 

Director, Pesticide Re-evaluation Division, 

Office of Pesticide Programs. 

[FR Doc. 2010–4083 Filed 2–25–10; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9119–1] 

Notice of a Regional Project Waiver of 

Section 1605 (Buy American) of the 

American Recovery and Reinvestment 

Act of 2009 (ARRA) to the Inland 

Empire Utilities Agency, California. 

Project # C–06–5332–110 Funded by 

the California CWSRF ARRA Loan # 

08–823–550 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: The Environmental Protection 

Agency (EPA) is hereby granting a 

waiver of the Buy American 

requirements of ARRA Section 1605 

under the authority of Section 

1605(b)(1) [applying the Buy American 

provision would be inconsistent with 

the public interest] to the Inland Empire 

Utilities Agency (‘‘IEUA’’) for the 

purchase of foreign data collection 

transducers. This is a project-specific 

waiver and only applies to the use of the 

specified product for the ARRA project 

being proposed. Any other ARRA 

recipient that wishes to use the same 

product must apply for a separate 

waiver based on project specific 

circumstances. The IEUA’s Rancho 

Cucamonga groundwater recharge 

project will include the purchase of 

three transducers with associated 

hardware manufactured by Solinst in 

Canada, for monitoring in two recharge 

basins. Beginning in about 2005 (prior 

to the enactment of ARRA), the IEUA 

started procuring Solinst transducers, 

and they developed standard training 

and maintenance procedures for using 

the Solinst transducers. They currently 

use approximately 20 Solinst 

transducers at eight recharge basins. The 

IEUA submitted a memorandum dated 

January 21, 2010, explaining the basis in 

performance characteristics for the preARRA selection of Solinst transducers, 

and explaining the IEUA’s prior 

decision to make Solinst transducers 

their standard transducer for this type of 

application. This pre-ARRA selection of 

a product on which to standardize was 

undertaken to best enable the IEUA to 

comply with water quality permit 

requirements for recharged water 

imposed by State regulatory agencies. 

The procurement of transducers for the 

IEUA’s ARRA project is subject to 

ARRA section 1605 requirements, but 

IEUA has requested a waiver of these 

requirements as they pertain to the 

transducers, because the use of nonstandard transducers would 

detrimentally affect performance, 

operation and maintenance of the 

recharge project. Based on review of the 

information provided, EPA has 

concluded a waiver of the Buy 

American provision is justified pursuant 

to Section 1605(b)(1) [applying the Buy 

American provision would be 

inconsistent with the public interest]. 

The Assistant Administrator of the 

Office of Administration and Resources 

Management has concurred with this 

decision to make an exception to 

Section 1605 of ARRA. This action 

permits the IEUA to purchase three 

transducers manufactured by Solinst, a 

Canadian company, as specified in its 

November 3, 2009 request, as amended 

by its January 21, 2010 memorandum. 

DATES: Effective Date: February 10, 

2010. 

FOR FURTHER INFORMATION CONTACT: 

Abimbola Odusoga, Environmental 

Engineer, Water Division (WTR–4), 

USEPA Region 9, (415) 972–3437, 75 

Hawthorne Street, San Francisco, CA 

94105. 

SUPPLEMENTARY INFORMATION: In 

accordance with ARRA Sections 1605(c) 

and 1605(b)(1), the EPA is hereby 

granting a project waiver of the 

requirements of Sections 1605(a) of 

Public Law 111–5, Buy American 

requirements, to the IEUA, Chino, 

California, for the purchase of 

transducers manufactured by Solinst, a 

Canadian company. EPA has evaluated 

the IEUA’s basis for standardizing to the 

Solinst transducers. Based on the 

information provided by the applicant, 

EPA has determined it is inconsistent 

with the public interest for the IEUA to 

pursue the purchase of incompatible 

domestically manufactured transducers. 

Section 1605 of the ARRA requires 

that none of the appropriated funds may 

be used for the construction, alteration, 

maintenance, or repair of a public 

building or public work unless all of the 

iron, steel, and manufactured goods 

used in the project are produced in the 

United States, or unless a waiver is 

provided to the recipient by the head of 

the appropriate agency; here the EPA. A 

waiver may be provided if EPA 

determines (1) applying these 

requirements would be inconsistent 

with public the interest; (2) iron, steel, 

and the relevant manufactured goods 

are not produced in the United States in 

sufficient and reasonably available 

quantities and of a satisfactory quality; 

or (3) inclusion of iron, steel, and the 

relevant manufactured goods produced 

in the United States will increase the 

cost of the overall project by more than 

25 percent. 

The IEUA has requested a waiver 

from the Buy American Provision for 

the purchase of the foreign made 

transducers as part of its project to meet 

the permit and other regulatory 

requirements of the Santa Ana Regional 

Water Quality Control Board (RWQCB) 

and the State Department of Health. 

According to the IEUA, to recharge 

recycled water into the Chino 

Groundwater Basin through the Victoria 

Basin and San Sevaine Basin No. 5 in 

Rancho Cucamonga, California, IEUA 

must comply with discharge 

requirements issued by the Santa Ana 

Regional Water Quality Control Board 

(RWQCB) for recharge. As part of the 

regulatory requirements set by the 

RWQCB and the State Department of 

Public Health, monitoring devices are to 

be installed to ensure recharged water 

meets the water quality requirements 

specified in the permit. In compliance 

with the permit, the Agency is installing 

three local monitoring wells and two 

lysimeter clusters. 

Once the monitoring wells are 

constructed, a device—which is called a 

transducer—is installed to measure the 

water level. The IEUA now uses 

approximately twenty transducers 

manufactured by Solinst, a Canadian 

company, to support the data collection 

for the monitoring wells at eight of the 

current recharge basins, to meet 

regulatory requirements and discharge 

permit conditions. 

Beginning in April 2005, the IEUA 

purchased Solinst transducers a few at 

a time as ground water recharge 

monitoring wells were contracted to be 

built, and were individually installed in 

the monitoring wells over the past 

several years as the wells were 


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