Federal Register / Vol. 75, No. 43 / Friday, March 5, 2010 / Notices 10259 

makes installation and maintenance 

easier. Also, as the valves are smaller, 

the enclosures for the valves are less 

expensive. 

The consequences of finding the 

IEUA’s specifications not justified 

would include the following: 

• Additional design costs would be 

incurred to change all ARV valves, 

including re-calculating the size of the 

valves based on the competitor’s design 

criteria, modifying valve and enclosure 

details, and modifying the pipeline 

profiles to accommodate larger valves. 

Alternative ARV valves that must be 

buried would require lowering the 

pipeline depth several feet on each side 

of the valves to accommodate a deeper 

valve vault. 

• Construction costs would be higher 

due to the increase in valve sizes, larger 

enclosures, and a deeper pipeline. The 

pricing through the change order 

process would be significantly higher 

than prices for a competitive bid. The 

cost for the material and installation of 

the valves is approximately $198,708. If 

the ARI valves are replaced with 

alternative valves, the estimated cost for 

the material and installation would be 

approximately $100,000 more. 

• IEUA staff would have to be trained 

on the different types of valves installed 

and additional spare parts would need 

to be ordered and stocked. Since the 

IEUA has moved forward with 

implementing the ARI valves as the 

standard air relief structure, all valves 

that do not meet this standard would 

need to be replaced. 

Use of alternative valves that do not 

meet the IEUA’s specifications would 

thus require a substantial redesign of, 

delay in, and higher costs for the 

project. Because of the IEUA’s current, 

extensive installations of ARI valves, the 

use of alternative, incompatible valves 

would impose continuing high costs 

into the future to change spare parts and 

staff training in operations and 

maintenance, as well as in inferior 

performance of the alternative valves. 

Procurement of alternative valves would 

be inconsistent with basic principles of 

sustainable infrastructure and effective 

asset management that EPA has 

consistently promoted. For all these 

reasons, EPA finds that the IEUA’s 

specifications for these ARV valves were 

justified. 

EPA also evaluated the project 

specifications to assess the IEUA’s claim 

there are no known American 

manufacturers who can provide ARV 

valves of satisfactory quality to meet its 

technical specifications. Five domestic 

manufacturers of ARV valves were 

identified by the applicant. EPA’s 

national contractor contacted the 

domestic manufacturers and inquired as 

to whether their products could meet 

the IEUA’s specifications. Four of the 

five manufacturers responded. All four 

manufacturers indicated that they could 

provide similar products, but could not 

meet all of the IEUA’s specifications, 

particularly with regard to 

manufacturing materials and product 

design. 

Based on these findings, EPA 

concludes the IEUA’s claim that there 

are no known American manufacturers 

of ARV valves meeting the IEUA’s 

specifications is supported by the 

available information. 

The April 28, 2009 EPA 

Memorandum for implementation of the 

ARRA Buy American provisions of P.L. 

111–5, states the quantity of iron, steel, 

or relevant manufactured good is 

‘‘reasonably available’’ if it is available at 

the time and place needed, and in the 

proper form or specification as specified 

in the project plans and design. The 

IEUA’s waiver request articulates a 

reasonable and appropriate basis for 

choosing the type of technology it chose 

for this project in environmental 

objectives and performance 

specifications. Further, it provides 

sufficient documentation to conclude 

the relevant manufactured goods are not 

produced in the United States of a 

satisfactory quality to meet its technical 

specifications. The IEUA has 

incorporated specific technical design 

specifications for the proposed project 

based on their needs and provided 

information to the EPA indicating there 

are currently no ARV valves 

manufactured in the United States that 

have equivalent product specifications. 

The IEUA has also provided 

certification indicating there are no 

systems of comparable quality available 

from a domestic manufacturer to meet 

its specifications. Based on additional 

inquiry by EPA’s national contractor, 

there do not appear to be other ARV 

valves available to meet the IEUA’s 

specifications. 

Furthermore, the purpose of the 

ARRA is to stimulate economic recovery 

by funding current infrastructure 

construction, not to delay shovel ready 

projects by requiring entities, like the 

IEUA, to revise their design and 

potentially choose a more costly and 

less efficient project. The imposition of 

ARRA Buy American requirements on 

such projects eligible for CWSRF 

assistance would result in unreasonable 

delay and thus displace the ‘‘shovel 

ready’’ status for this project. Further 

delay of this project would contravene 

the most fundamental economic 

purposes of the ARRA: To create or 

preserve jobs in the United States. 

The EPA Region 9 Water Division, 

Office of Regional Counsel, EPA’s Buy 

American consultant, and EPA’s Office 

of Administration and Resource 

Management have reviewed this waiver 

request and have determined the 

supporting documentation provided by 

the IEUA is sufficient to meet the 

criteria listed under ARRA Section 

1605(b)(2) and the EPA April 28, 2009, 

memorandum for implementation of 

ARRA Buy American provisions of P.L. 

111–5. 

Having established both a proper 

basis to specify the particular good 

required for this project, and that this 

manufactured good was not available 

from a producer in the United States, 

the IEUA is hereby granted a waiver 

from the Buy American requirements of 

Sections 1605(a) of Public Law 111–5, 

for the purchase of the A.R.I. valves, 

specified in the IEUA’s request of 

January 21, 2010. This supplementary 

information constitutes the detailed 

written justification required by Section 

1605(c) for waivers based on a finding 

under Section 1605(b)(2). 

Authority: Public Law 111–5, Section 

1605. 

Dated: February 10, 2010. 

Jared Blumenfeld, 

Regional Administrator, EPA Pacific 

Southwest Region. 

[FR Doc. 2010–4053 Filed 3–4–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2010–0097; FRL–8811–8] 

Pesticide Products; Registration 

Applications 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: EPA has received applications 

to register new uses for pesticide 

products containing previously 

registered active ingredients. Pursuant 

to the provisions of section 3(c)(4) of the 

Federal Insecticide, Fungicide, and 

Rodenticide Act (FIFRA), EPA is hereby 

providing notice of receipt and 

opportunity to comment on these 

applications. 

DATES: Comments must be received on 

or before April 5, 2010. 

ADDRESSES: Submit your comments, 

identified by the docket identification 

(ID) number specified in Unit II. of the 

SUPPLEMENTARY INFORMATION, by one of 

the following methods: 


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• 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 

the docket ID number specified for the 

pesticide of interest as shown in the 

registration application summaries. 

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 

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. 

FOR FURTHER INFORMATION CONTACT: A 

contact person is listed at the end of 

each registration application summary 

and may be contacted by telephone or 

e-mail. The mailing address for each 

contact person listed is: Biopesticides 

and Pollution Prevention Division 

(7511P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Action Apply to Me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. Potentially 

affected entities may include, but are 

not limited to: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

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 at the end of the 

relevant registration application 

summary using the instructions 

provided under FOR FURTHER

INFORMATION CONTACT. 

B. What Should I Consider as I Prepare 

My Comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through 

regulations.gov or e-mail. Clearly mark 

the part or all of the information that 

you claim to be CBI. For CBI 

information in a disk or CD-ROM that 

you mail to EPA, 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 

claimed as CBI. In addition to one 

complete version of the comment that 

includes 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. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

2. Tips for preparing your comments. 

When submitting comments, remember 

to: 

i. Identify the document by docket ID 

number and other identifying 

information (subject heading, Federal 

Register date, and page number). If you 

are commenting on a docket that 

addresses multiple products, please 

indicate to which Registration 

Number(s)/File Symbol(s) your 

comment applies. 

ii. 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. 

iii. Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

iv. Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

v. If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

vi. Provide specific examples to 

illustrate your concerns and suggest 

alternatives. 

vii. Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

viii. Make sure to submit your 

comments by the comment period 

deadline identified. 

II. Registration Applications 

EPA has received applications to 

register new uses for pesticide products 

containing previously registered active 

ingredients. Pursuant to the provisions 

of section 3(c)(4) of FIFRA, EPA is 

hereby providing notice of receipt and 

opportunity to comment on these 

applications. Notice of receipt of these 

applications does not imply a decision 

by the Agency on the applications. 

1. Registration Numbers: 70051–17, 

70051–19. Docket Number: EPA–HQ– 

OPP–2010–0088. Company Name and 

Address: Certis USA LLC, 9145 Guilford 


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Road, Suite 175, Columbia, MD 21046. 

Active Ingredient: Paecilomyces 

fumosoroseus var. Apopka strain 97. 

Proposed Uses: All food commodities. 

Contact: Shanaz Bacchus, (703) 308– 

8097, bacchus.shanaz@epa.gov. 

2. Registration Number: 70051–44. 

Docket Number: EPA–HQ–OPP–2010– 

0059. Company Name and Address: 

Certis USA LLC, 9145 Guilford Road, 

Suite 175, Columbia, MD 21046. Active 

Ingredient: Cydia pomonella 

granulovirus. Proposed Uses: 

Residential uses. Contact: Jeannine 

Kausch, (703) 347–8920, 

kausch.jeannine@epa.gov. 

3. Registration Numbers: 70127–7, 

70127–8, 70127–10. Docket Number: 

EPA–HQ–OPP–2010–0081. Company 

Name and Address: Novozymes 

Biologicals Incorporated, 5400 

Corporate Circle, Salem, VA 24153. 

Active Ingredient: Metarhizium 

anisopliae F52. Proposed Uses: All food 

commodities. Contact: Shanaz Bacchus, 

(703) 308–8097, 

bacchus.shanaz@epa.gov. 

4. File Symbol: 73049–UTR. Docket 

Number: EPA–HQ–OPP–2010–0091. 

Company Name and Address: Valent 

BioSciences Corporation, 870 

Technology Way, Suite 100, 

Libertyville, IL 60048–6316. Active 

Ingredient: Bacillus thuringiensis subsp. 

kurstaki strain ABTS–351. Proposed 

Uses: Ornamental fruit, nut, and citrus 

trees; forests, shade trees, and sugar 

maple. Contact: Kathleen Martin, (703) 

308–2857, martin.kathleen@epa.gov. 

5. File Symbol: 84418–E. Docket 

Number: EPA–HQ–OPP–2010–0105. 

Company Name and Address: New 

Century Channel Group, d/b/a Pignx 

Incorporated, 1150 Connecticut Avenue 

NW., Suite 1100, Washington, DC 

20036. Active Ingredient: Capsaicin. 

Proposed Uses: Rodenticide. Contact: 

Cheryl Greene, (703) 308–0352, 

greene.cheryl@epa.gov. 

6. File Symbol: 85004–G. Docket 

Number: EPA–HQ–OPP–2010–0060. 

Company Name and Address: 

MacIntosh and Associates Incorporated, 

1203 Hartford Avenue, Saint Paul, MN 

55116–1622 (on behalf of Pasteuria 

Bioscience Incorporated, 12085 

Research Drive, Suite 185, Alachua, FL 

32615). Active Ingredient: Pasteuria 

usgae. Proposed Uses: Strawberries. 

Contact: Jeannine Kausch, (703) 347– 

8920, kausch.jeannine@epa.gov. 

List of Subjects 

Environmental protection, Pesticides 

and pests. 

Dated: February 24, 2010. 

Keith A. Matthews, 

Acting Director, Biopesticides and Pollution 

Prevention Division, Office of Pesticide 

Programs. 

[FR Doc. 2010–4718 Filed 3–4–10; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–ORD–2010–0195; FRL–9123–5] 

Request for Nominations to the EPA 

Human Studies Review Board 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: The U.S. Environmental 

Protection Agency (EPA or Agency) 

Office of the Science Advisor (OSA) is 

soliciting nominations of people 

qualified in the areas of bioethics, 

biostatistics, human health risk 

assessment and human toxicology to 

serve on the Human Studies Review 

Board (HSRB). The HSRB is a Federal 

advisory committee, operating in 

accordance with the Federal Advisory 

Committee Act (FACA) 5 U.S.C. App. 2 

§ 9, providing advice and 

recommendations to EPA on scientific 

and ethical aspects of research with 

human subjects. 

DATES: Nominations (‘‘comments’’) 

should be submitted to EPA no later 

than March 22, 2010. 

ADDRESSES: Submit your nominations, 

identified by Docket ID No. EPA–HQ– 

ORD–2010–0195, by any of the 

following methods: 

Internet: http://www.regulations.gov: 

Follow the on-line instructions for 

submitting comments. 

E-mail: ORD.Docket@epa.gov. 

USPS Mail: ORD Docket, 

Environmental Protection Agency, 

Mailcode: 28221T, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460. 

Hand or Courier Delivery: EPA Docket 

Center (EPA/DC), Room 3304, EPA West 

Building, 1301 Constitution Avenue, 

NW., Washington, DC 20460, Attention 

Docket ID No. EPA–HQ–ORD–2010– 

0195. Deliveries are accepted from 

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

Friday, excluding legal holidays. 

Special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your nominations 

to Docket ID No. EPA–HQ–ORD–2010– 

0195. EPA’s policy is that all 

nominations received will be included 

in the public docket without change, 

and may be made available online at 

http://www.regulations.gov, including 

any personal information provided, 

unless the nomination includes 

information claimed to be Confidential 

Business Information (CBI) or other 

information whose disclosure is 

restricted by statute. Do not submit 

information through http:// 

www.regulations.gov or e-mail that you 

consider to be CBI or otherwise 

protected from disclosure. 

The http://www.regulations.gov Web 

site 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 

nomination. By contrast, if you send an 

e-mail nomination directly to EPA 

without going through http:// 

www.regulations.gov, your e-mail 

address will be automatically captured 

and included as part of the nomination 

that is placed in the public docket and 

made available on the Internet. If you 

submit a nomination electronically, EPA 

recommends that you include your 

name and other contact information in 

the body of your nomination and with 

any disk or CD–ROM you submit. If EPA 

cannot read your nomination due to 

technical difficulties and cannot contact 

you for clarification, EPA may not be 

able to consider it. 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 http:// 

www.regulations.gov index under the 

docket number. Even though it will be 

listed by title in the index, some 

information is not publicly available; 

e.g., CBI or other information whose 

disclosure is restricted by statute. 

Copyright material will be publicly 

available only in hard copy. Publicly 

available docket materials are available 

either electronically through http:// 

www.regulations.gov or in hard copy at 

the ORD Docket, EPA/DC, Room 3334, 

EPA West, 1301 Constitution Ave., NW., 

Washington, DC. The Public Reading 

Room is open from 8:30 a.m. to 

4:30 p.m., Monday through Friday, 

excluding legal holidays. The telephone 

number for the Public Reading Room is 

(202) 566–1744, and the telephone 

number for the ORD Docket is (202) 

566–1752. 

FOR FURTHER INFORMATION CONTACT: Jim 

Downing, Office of the Science Advisor, 

Mail Code 8105R, Environmental 

Protection Agency, 1200 Pennsylvania 

Avenue, NW., Washington, DC 20460; 

telephone number: (202) 564–2468, fax 

number: (202) 564–2070, e-mail: 

downing.jim@epa.gov. 


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