Federal Register / Vol. 75, No. 43 / Friday, March 5, 2010 / Notices 10255 

EIS No. 20100058, Final EIS, FHWA, IN, 

I–69 Evansville to Indianapolis, 

Indiana Project, Section 2, Revised to 

Update the Stream Impacts, Oakland 

City to Washington, (IN–64 to US 50), 

Gibson, Pike and Daviess Counties, 

IN, Wait Period Ends: 04/05/2010, 

Contact: Janice Osadczuk 317–226– 

7486. 

EIS No. 20100059, Draft EIS, USFS, MT, 

East Deer Lodge Valley Landscape 

Restoration Management Project, To 

Conduct Landscape Restoration 

Management Activities, Pintler 

Ranger District, Beaverhead Deerlodge 

National Forest, Powell and Deerlodge 

Counties, MT, Comment Period Ends: 

04/19/2010, Contact: Leaf Magnuson 

406–683–3950. 

EIS No. 20100060, Draft EIS, RUS, MN, 

Bemidji—Grand Rapid 230 kV 

Transmission Line Project, Propose to 

Construct and Operate, Beltrami, 

Hubbard, Cass, Itasca Counties, MN, 

Comment Period Ends: 04/19/2010, 

Contact: Stephanie Strength 202–720– 

0468. 

EIS No. 20100061, Draft EIS, NOAA, 00, 

Amendment 17A to the Fishery 

Management Plan for the Snapper 

Grouper Fishery of the South Atlantic 

Region, To Implement Long-Term 

Management Measures Expected to 

End Overfishing of the Red Snapper 

Stock, South Atlantic Region, 

Comment Period Ends: 04/19/2010, 

Contact: Roy E. Crabtree 727–824– 

5305. 

Amended Notices 

EIS No. 20100045, Draft Supplement, 

BIA, CA, Campo Regional Landfill 

Project, Construction and Operation, 

Permit Lease and Sublease Use of 

Reservation Land, Campo Indian 

Reservation, San Diego County, CA, 

Comment Period Ends: 05/12/2010, 

Contact: John Rydzik 916–978–6051 

Revision to FR Notice Published 02/ 

26/2010: Extending Comment Period 

from 04/28/2010 to 05/12/2010. 

EIS No. 20100050, Draft EIS, BLM, CA, 

Stirling Energy Systems (SES) Solar 2 

Project, Construct and Operate, 

Electric-Generating Facility, Imperial 

Valley, Imperial County, CA, 

Comment Period Ends: 06/23/2010, 

Contact: Erin Dreyfuss 916–978–4642 

Revision to FR Notice Published 02/ 

26/2010: Extending Comment Period 

from 04/12/2010 to 06/23/2010. 

EIS No. 20100051, Draft EIS, USFS, UT, 

South Unit Oil and Gas Development 

Project, Master Development Plan, 

Implementation, Duchesne/Roosevelt 

Ranger District, Ashley National 

Forest, Duchesne County, UT, 

Comment Period Ends: 04/12/2010, 

Contact: David Herron 435–781–5218 

Revision to FR Notice Published 02/ 

26/2010: Correction to Agency Code 

from USAF to USFS. 

Dated: March 2, 2010. 

Robert W. Hargrove, 

Director, NEPA Compliance Division, Office 

of Federal Activities. 

[FR Doc. 2010–4699 Filed 3–4–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2010–0125; FRL–8812–2] 

FIFRA Scientific Advisory Panel; 

Notice of Public Meeting 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: There will be a 4–day 

meeting of the Federal Insecticide, 

Fungicide, and Rodenticide Act 

Scientific Advisory Panel (FIFRA SAP) 

to consider and review a set of scientific 

issues related to the Re-Evaluation of 

Human Health Effects of Atrazine: 

Review of Experimental Animal and In 

Vitro Studies and Drinking Water 

Monitoring Frequency. 

DATES: The meeting will be held on 

April 26–29, 2010, and will begin on 

Monday, April 26, 2010 at 1 p.m. On 

April 27-29, 2010, the meeting will be 

held from approximately 8:30 a.m. to 

5 p.m. 

Comments. The Agency encourages 

that written comments be submitted by 

April 12, 2010 and requests for oral 

comments be submitted by April 19, 

2010. However, written comments and 

requests to make oral comments may be 

submitted until the date of the meeting, 

but anyone submitting written 

comments after April 12, 2010 should 

contact the Designated Federal Official 

(DFO) listed under FOR FURTHER

INFORMATION CONTACT. For additional 

instructions, see Unit I.C. of the 

SUPPLEMENTARY INFORMATION. 

Nominations. Nominations of 

candidates to serve as ad hoc members 

of FIFRA SAP for this meeting should 

be provided on or before March 19, 

2010. 

Special accommodations. For 

information on access or services for 

individuals with disabilities, and to 

request accommodation of a disability, 

please contact the DFO listed under FOR

FURTHER INFORMATION CONTACT at least 

10 days prior to the meeting to give EPA 

as much time as possible to process 

your request. 

ADDRESSES: The meeting will be held at 

the Hamilton Crowne Plaza Hotel, 

located at 1001 14th St., NW., 

Washington, DC, 20005. The telephone 

number for the Hamilton Crowne Plaza 

Hotel is (202) 682–0111. 

Comments. Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2010–0125; by 

one of the following methods: 

• Federal eRulemaking Portal: 

http://www.regulations.gov. Follow the 

on-line instructions for submitting 

comments. 

• Mail: Office of Pesticide Programs 

(OPP) Regulatory Public Docket (7502P), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001. 

• Delivery: OPP Regulatory Public 

Docket (7502P), Environmental 

Protection Agency, Rm. S–4400, One 

Potomac Yard (South Bldg.), 2777 S. 

Crystal Dr., Arlington, VA. Deliveries 

are only accepted during the Docket 

Facility’s normal hours of operation 

(8:30 a.m. to 4 p.m., Monday through 

Friday, excluding legal holidays). 

Special arrangements should be made 

for deliveries of boxed information. The 

Docket Facility telephone number is 

(703) 305–5805. 

Instructions. Direct your comments to 

docket ID number EPA–HQ–OPP–2010– 

0125. If your comments contain any 

information that you consider to be CBI 

or otherwise protected, please contact 

the DFO listed under FOR FURTHER

INFORMATION CONTACT to obtain special 

instructions before submitting your 

comments. EPA’s policy is that all 

comments received will be included in 

the docket without change and may be 

made available on-line at http:// 

www.regulations.gov, including any 

personal information provided, unless 

the comment includes information 

claimed to be Confidential Business 

Information (CBI) or other information 

whose disclosure is restricted by statute. 

Do not submit information that you 

consider to be CBI or otherwise 

protected through regulations.gov or email. The regulations.gov website is an 

‘‘anonymous access’’ system, which 

means EPA will not know your identity 

or contact information unless you 

provide it in the body of your comment. 

If you send an e-mail comment directly 

to EPA without going through 

regulations.gov, your e-mail address 

will be automatically captured and 

included as part of the comment that is 

placed in the docket and made available 

on the Internet. If you submit an 

electronic comment, EPA recommends 

that you include your name and other 

contact information in the body of your 

comment and with any disk or CD-ROM 


erowe on DSK5CLS3C1PROD with NOTICES
10256 Federal Register / Vol. 75, No. 43 / Friday, March 5, 2010 / Notices 

you submit. 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. Electronic files should avoid 

the use of special characters, any form 

of encryption, and be free of any defects 

or viruses. 

Docket: All documents in the docket 

are listed in the docket index available 

at http://www.regulations.gov. Although 

listed in the index, some information is 

not publicly available, e.g., CBI or other 

information whose disclosure is 

restricted by statute. Certain other 

material, such as copyrighted material, 

is not placed on the Internet and will be 

publicly available only in hard copy 

form. 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 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. 

Nominations, requests to present oral 

comments, and requests for special 

accommodations. Submit nominations 

to serve as ad hoc members of FIFRA 

SAP, requests for special seating 

accommodations, or requests to present 

oral comments to the DFO listed under 

FOR FURTHER INFORMATION CONTACT. 

FOR FURTHER INFORMATION CONTACT: 

Joseph E. Bailey, DFO, Office of Science 

Coordination and Policy (7201M), 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(202) 564–2045; fax number: (202) 564– 

8382; e-mail address: 

bailey.joseph@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 persons who are or may be 

required to conduct testing of chemical 

substances under the Federal Food, 

Drug, and Cosmetic Act (FFDCA), 

FIFRA, and the Food Quality Protection 

Act of 1996 (FQPA). 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 DFO 

listed under FOR FURTHER INFORMATION

CONTACT. 

B. What Should I Consider as I Prepare 

My Comments for EPA? 

When submitting comments, 

remember to: 

1. Identify the document by docket ID 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

2. Follow directions. The Agency may 

ask you to respond to specific questions 

or organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

3. Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

4. Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

5. If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

6. Provide specific examples to 

illustrate your concerns and suggest 

alternatives. 

7. Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

8. Make sure to submit your 

comments by the comment period 

deadline identified. 

C. How May I Participate in this 

Meeting? 

You may participate in this meeting 

by following the instructions in this 

unit. To ensure proper receipt by EPA, 

it is imperative that you identify docket 

ID number EPA–HQ–OPP–2010–0125; 

in the subject line on the first page of 

your request. 

1. Written comments. The Agency 

encourages that written comments be 

submitted, using the instructions in 

ADDRESSES, no later than April 12, 2010, 

to provide FIFRA SAP the time 

necessary to consider and review the 

written comments. Written comments 

are accepted until the date of the 

meeting, but anyone submitting written 

comments after April 12, 2010 should 

contact the DFO listed under FOR

FURTHER INFORMATION CONTACT. Anyone 

submitting written comments at the 

meeting should bring 30 copies for 

distribution to FIFRA SAP. 

2. Oral comments. The Agency 

encourages that each individual or 

group wishing to make brief oral 

comments to FIFRA SAP submit their 

request to the DFO listed under FOR

FURTHER INFORMATION CONTACT no later 

than April 19, 2010, in order to be 

included on the meeting agenda. 

Requests to present oral comments will 

be accepted until the date of the meeting 

and, to the extent that time permits, the 

Chair of FIFRA SAP may permit the 

presentation of oral comments at the 

meeting by interested persons who have 

not previously requested time. The 

request should identify the name of the 

individual making the presentation, the 

organization (if any) the individual will 

represent, and any requirements for 

audiovisual equipment (e.g., overhead 

projector, 35 mm projector, chalkboard). 

Oral comments before FIFRA SAP are 

limited to approximately 5 minutes 

unless prior arrangements have been 

made. In addition, each speaker should 

bring 30 copies of his or her comments 

and presentation slides for distribution 

to the FIFRA SAP at the meeting. 

3. Seating at the meeting. Seating at 

the meeting will be open and on a firstcome basis. 

4. Request for nominations to serve as 

ad hoc members of FIFRA SAP for this 

meeting. As part of a broader process for 

developing a pool of candidates for each 

meeting, FIFRA SAP staff routinely 

solicits the stakeholder community for 

nominations of prospective candidates 

for service as ad hoc members of FIFRA 

SAP. Any interested person or 

organization may nominate qualified 

individuals to be considered as 

prospective candidates for a specific 

meeting. Individuals nominated for this 

meeting should have expertise in one or 

more of the following areas: Risk 

assessment, mode of action analysis 

(particularly those with MOA 

framework experience), frameworks to 

evaluate human relevance, 

pharmacokinetics, neuroendocrinology 

(hormone-mediated health effects), HPA 

axis (corticosterone), immunotoxicology, epidemiology, reproductive/ 

developmental biology and 

environmental sampling and statistical 

modeling. Nominees should be 

scientists who have sufficient 

professional qualifications, including 

training and experience, to be capable of 

providing expert comments on the 

scientific issues for this meeting. 

Nominees should be identified by name, 

occupation, position, address, and 

telephone number. Nominations should 

be provided to the DFO listed under FOR

FURTHER INFORMATION CONTACT on or, 

before March 19, 2010. The Agency will 

consider all nominations of prospective 

candidates for this meeting that are 

received on or, before this date. 

However, final selection of ad hoc 

members for this meeting is a 

discretionary function of the Agency. 

The selection of scientists to serve on 

FIFRA SAP is based on the function of 

the panel and the expertise needed to 

address the Agency’s charge to the 

panel. No interested scientists shall be 

ineligible to serve by reason of their 


erowe on DSK5CLS3C1PROD with NOTICES
Federal Register / Vol. 75, No. 43 / Friday, March 5, 2010 / Notices 10257 

membership on any other advisory 

committee to a Federal department or 

agency or, their employment by a 

Federal department or agency except the 

EPA. Other factors considered during 

the selection process include 

availability of the potential panel 

member to fully participate in the 

panel’s reviews, absence of any conflicts 

of interest or appearance of lack of 

impartiality, independence with respect 

to the matters under review, and lack of 

bias. Although, financial conflicts of 

interest, the appearance of lack of 

impartiality, lack of independence, and 

bias may result in disqualification, the 

absence of such concerns does not 

assure that a candidate will be selected 

to serve on FIFRA SAP. Numerous 

qualified candidates are identified for 

each panel. Therefore, selection 

decisions involve carefully weighing a 

number of factors including the 

candidates’ areas of expertise and 

professional qualifications and 

achieving an overall balance of different 

scientific perspectives on the panel. In 

order to have the collective breadth of 

experience needed to address the 

Agency’s charge for this meeting, the 

Agency anticipates selecting 

approximately 15 ad hoc scientists. 

FIFRA SAP members are subject to 

the provisions of 5 CFR part 2634, 

Executive Branch Financial Disclosure, 

as supplemented by the EPA in 5 CFR 

part 6401. In anticipation of this 

requirement, prospective candidates for 

service on the FIFRA SAP will be asked 

to submit confidential financial 

information which shall fully disclose, 

among other financial interests, the 

candidate’s employment, stocks and 

bonds, and where applicable, sources of 

research support. The EPA will evaluate 

the candidates financial disclosure form 

to assess whether there are financial 

conflicts of interest, appearance of a 

lack of impartiality or any prior 

involvement with the development of 

the documents under consideration 

(including previous scientific peer 

review) before the candidate is 

considered further for service on FIFRA 

SAP. Those who are selected from the 

pool of prospective candidates will be 

asked to attend the public meetings and 

to participate in the discussion of key 

issues and assumptions at these 

meetings. In addition, they will be asked 

to review and to help finalize the 

meeting minutes. The list of FIFRA SAP 

members participating at this meeting 

will be posted on the FIFRA SAP 

website at http://epa.gov/scipoly/sap or 

may be obtained from the OPP 

Regulatory Public Docket at http:// 

www.regulations.gov. 

II. Background 

A. Purpose of FIFRA SAP 

FIFRA SAP serves as the primary 

scientific peer review mechanism of 

EPA’s Office of Prevention, Pesticides 

and Toxic Substances (OPPTS) and is 

structured to provide scientific advice, 

information and recommendations to 

the EPA Administrator on pesticides 

and pesticide-related issues as to the 

impact of regulatory actions on health 

and the environment. FIFRA SAP is a 

Federal advisory committee established 

in 1975 under FIFRA that operates in 

accordance with requirements of the 

Federal Advisory Committee Act. FIFRA 

SAP is composed of a permanent panel 

consisting of seven members who are 

appointed by the EPA Administrator 

from nominees provided by the National 

Institutes of Health and the National 

Science Foundation. FIFRA, as 

amended by FQPA, established a 

Science Review Board consisting of at 

least 60 scientists who are available to 

the SAP on an ad hoc basis to assist in 

reviews conducted by the SAP. As a 

peer review mechanism, FIFRA SAP 

provides comments, evaluations and 

recommendations to improve the 

effectiveness and quality of analyses 

made by Agency scientists. Members of 

FIFRA SAP are scientists who have 

sufficient professional qualifications, 

including training and experience, to 

provide expert advice and 

recommendation to the Agency. 

B. Public Meeting 

EPA is undertaking a re-evaluation of 

the human health effects of atrazine. 

The re-evaluation plan was presented to 

the FIFRA Scientific Advisory Panel 

(SAP) in November 2009 and involves 

three SAP meetings in 2010. The first 

was held in February 2010 where the 

Agency presented its preliminary 

reviews of several atrazine 

epidemiology studies on birth outcomes 

and described a project plan to evaluate 

atrazine epidemiology data from the 

Agricultural Health Study (http:// 

aghealth.nci.nih.gov/). The April 2010 

SAP meeting will focus on: 

1. A preliminary review of 

mammalian in vivo as well as in vitro 

studies on toxicological effects and 

modes of action. 

2. Statistical approaches for 

evaluating monitoring frequency in 

community water systems (CWS). 

For the April SAP meeting, the 

Agency’s scientific review of toxicology 

studies will focus on those studies used 

to support the reregistration of atrazine 

and new studies available up to January 

30, 2010. Any studies that become 

available after January 30, 2010 will be 

integrated into the Agency’s weight-ofthe-evidence (WOE) analysis scheduled 

for review by the FIFRA SAP in 

September 2010. This WOE analysis 

will integrate in vivo and in vitro 

laboratory studies along with 

epidemiologic data and other human 

information. 

At the April meeting, the Agency 

plans to solicit comment from the SAP 

on the toxicological importance and 

human relevance of a variety of effects 

including findings on the hypothalamicpituitary-adrenal (HPA) axis, immune 

system, prostate, brain, and the enzyme, 

aromatase. In addition, the Agency 

plans to discuss the scientific issues 

associated with lifestage susceptibility 

and linking a chemically-induced 

activation of the HPA axis to other 

health outcomes and possible 

approaches to use key events in a mode 

of action in risk assessment. The Agency 

will not be proposing updated points of 

departure or a complete scientific 

analysis relevant to the FQPA Safety 

Factor for protection of infants and 

children at the April SAP meeting. The 

Agency will consider the advice of the 

April SAP, however, to help inform 

these issues which will be presented to 

the September SAP. Following the April 

SAP, the Agency will continue to 

review the scientific literature with 

particular emphasis on the potential for 

differential lifestage susceptibility and 

the temporal aspects of pharmacokinetic 

and pharmacodynamic events. This 

temporality is an important scientific 

issue for the assessment of the health 

effects of atrazine because the duration 

of exposure leading to adverse effects is 

a critical aspect of determining the 

appropriate frequency of water 

monitoring in CWS, which will also, be 

discussed in September. 

As a condition of reregistration of 

atrazine, EPA required the registrants to 

implement a monitoring program in 

selected CWS, generally in the corn and 

sorghum growing area of the midwest. 

In implementing a monitoring program, 

the frequency of sampling is closely 

linked to the health effects of concern. 

If the health effects of concern relate to 

long-term chronic exposures, a yearly 

average concentration is sufficient. Less 

frequent sampling may provide 

sufficient data for EPA to be reasonably 

confident that the results are 

representative of a yearly average 

concentration. However, for effects that 

can occur after shorter exposure 

durations, more frequent sampling may 

be needed in order to be confident that 

the sampling has not missed a high-end 

or peak exposure that could 

significantly affect the estimate of short 

term exposure. The Agency will be 


erowe on DSK5CLS3C1PROD with NOTICES
10258 Federal Register / Vol. 75, No. 43 / Friday, March 5, 2010 / Notices 

evaluating the temporality of toxic 

effects as it conducts this reevaluation 

of atrazine and at the April SAP will 

also discuss proposed statistical 

approaches to determine the appropriate 

monitoring frequency for different 

durations of interest. 

The Agency will consider the advice 

and recommendations received from the 

SAP at the April 2010 meeting as it 

develops the WOE analysis integrating 

experimental toxicology and 

epidemiology studies with statistical 

analysis for determining the frequency 

of water monitoring scheduled for 

review by the SAP in September. 

C. FIFRA SAP Documents and Meeting 

Minutes 

EPA’s background paper, related 

supporting materials, charge/questions 

to FIFRA SAP, FIFRA SAP composition 

(i.e., members and ad hoc members for 

this meeting), and the meeting agenda 

will be available by mid-March. In 

addition, the Agency may provide 

additional background documents as the 

materials become available. You may 

obtain electronic copies of these 

documents, and certain other related 

documents that might be available 

electronically, at http:// 

www.regulations.gov and the FIFRA 

SAP homepage at http://www.epa.gov/ 

scipoly/sap. 

FIFRA SAP will prepare meeting 

minutes summarizing its 

recommendations to the Agency 

approximately 90–days after the 

meeting. The meeting minutes will be 

posted on the FIFRA SAP website or 

may be obtained from the OPP 

Regulatory Public Docket at http:// 

www.regulations.gov. 

List of Subjects 

Environmental protection, Pesticides 

and pests. 

Dated: February 17, 2010. 

Frank Sanders, 

Director, Office of Science Coordination and 

Policy. 

[FR Doc. 2010–4540 Filed 3–4–10; 8:45 a.m.] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9118–9] 

Notice of a Project Waiver of Section 

1605: (Buy American Requirement) of 

the American Recovery and 

Reinvestment Act of 2009 (ARRA) to 

the Inland Empire Utilities Agency 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: The EPA is hereby granting a 

project waiver of the Buy American 

requirements of ARRA Section 1605(a) 

under the authority of Section 

1605(b)(2) (manufactured goods are not 

produced in the United States in 

sufficient and reasonably available 

quantities and of a satisfactory quality) 

to the Inland Empire Utilities Agency 

(IEUA), a Clean Water State Revolving 

Fund/ARRA loan recipient, for the 

purchase of Air Release Vacuum (ARV) 

Valves manufactured by A.R.I. in Israel, 

for Project# C–06–5176–110 and C–06– 

5176–130 funded by the California 

CWSRF ARRA Loan# 08–835–550–1 

and 08–850–550–1. The IEUA indicates 

that the design for the pipeline project 

at issue includes A.R.I. valves, which 

are the standard air relief structures 

used within the regional pipeline 

system, and that currently there is not 

a comparable domestic equivalent that 

meets the IEUA specifications. This is a 

project-specific waiver and only applies 

to the use of the specified product for 

the ARRA funded project being 

proposed. Any other ARRA project that 

may wish to use the same product must 

apply for a separate waiver based on 

project-specific circumstances. The 

Assistant Administrator of the Office of 

Administration and Resources 

Management has concurred with this 

decision to make an exception under 

section 1605(b)(2) of ARRA. 

DATES: Effective Date: February 10, 

2010. 

FOR FURTHER INFORMATION CONTACT: 

Abimbola Odusoga, Environmental 

Engineer, Water Division, Infrastructure 

Office (WTR–4), (415) 972–3437, U.S. 

EPA Region 9, 75 Hawthorne, San 

Francisco, CA 94105 or Joshua Amaris, 

Life Scientist, Water Division, 

Infrastructure Office (WTR–4), (415) 

972–3597, U.S. EPA Region 9, 75 

Hawthorne, San Francisco, CA 94105. 

SUPPLEMENTARY INFORMATION: In 

accordance with ARRA Sections 1605(c) 

and 1605(b)(2), EPA hereby provides 

notice it is granting a project waiver of 

the requirements of Section 1605(a) of 

Public Law 111–5, Buy American 

requirements, to the IEUA for the 

acquisition of the ARV valves 

manufactured in Israel by A.R.I. The 

head of each federal agency is 

authorized to issue project waivers 

pursuant to Section 1605(b) of ARRA. 

Section 1605(a) of the ARRA requires 

that none of the funds appropriated or 

otherwise made available by the ARRA 

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. Pursuant to Section 

1605(b), a waiver from this requirement 

may be provided if EPA determines: (1) 

Applying these requirements would be 

inconsistent with the public 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. 

A Delegation of Authority 

Memorandum was issued by the EPA 

Administrator on March 31, 2009 which 

provided EPA Regional Administrators 

with the authority to issue waivers to 

Section 1605(a) of ARRA within the 

geographic boundaries of their 

respective regions and with respect to 

requests by individual recipients of 

ARRA financial assistance. 

The IEUA operates to provide 

drinking water and waste water 

treatment services to municipalities in 

the Chino Basin. The IEUA is installing 

the ARV valves as the air relief 

structures for the 1630 E. Recycled 

Water Pipeline and the 1299 E. Recycled 

Water Pipeline (project #5176–110), 

which consists of approximately 13,000 

linear feet of 36-inch diameter pipeline. 

The project specifications provided by 

the applicant state that acceptable 

products are A.R.I. Flow Control 

Accessories, Ltd. (Model D–060) or an 

approved equal. The functional 

justification for these specifications 

advanced by the IEUA was that the 

IEUA had, in years prior to the 

enactment of ARRA, made the ARI 

valves their standard air relief structures 

used within the regional pipeline 

system based on the IEUA’s 

determination that these valves had a 

superior design, functionality, and ease 

of maintenance. Specifically: 

• ARI combination valves (D–060’s) 

have the air release on the top of the 

valve, whereas alternative valves have 

the air release on the side. A side release 

creates an internal air pocket on the 

valve, which allows the rubber seal for 

the vacuum component to dry out and 

leak over time. 

• The 316SS float for the ARI vacuum 

component stops against a 316SS ring. 

The alternative valves have a float that 

stops against a flat rubber seal on the 

top of the valve, and constant pounding 

during closure tends to crack the seal 

and cause leaks. 

• The ARI valves are half the weight 

and size of the alternative valves, which 


erowe on DSK5CLS3C1PROD with NOTICES