45200 Federal Register / Vol. 74, No. 168 / Tuesday, September 1, 2009 / Notices 

estimated to average 14 hours to prepare 

and submit each substantiation or 6,302 

hours. In addition, EPA utilizes the 

services of contractors/subcontractors 

under the authority of 40 CFR part 2, 

subpart B, all contractors/subcontractors 

who may be given access to confidential 

business information must first sign 

confidentiality agreements state that 

they will honor the terms of the 

contract/subcontract which requires the 

protection of CBI. The annual total 

burden for signing and maintaining the 

agreements would be 130.3 hours. 

Burden means the total time, effort, or 

financial resources expended by persons 

to generate, maintain, retain, or disclose 

or provide information to or for a 

Federal agency. This includes the time 

needed to review instructions; develop, 

acquire, install, and utilize technology 

and systems for the purposes of 

collecting, validating, and verifying 

information, processing and 

maintaining information, and disclosing 

and providing information; adjusting 

the existing ways to comply with any 

previously applicable instructions and 

requirements which have subsequently 

changed; training personnel to be able to 

respond to a collection of information; 

searching data sources; completing and 

reviewing the collection of information; 

and transmitting or otherwise disclosing 

the information. The ICR provides a 

detailed explanation of the Agency’s 

estimate, which is only briefly 

summarized here: 

Estimated total number of potential 

respondents: 1,330. 

Frequency of response: On occasion. 

Estimated total average number of 

responses for each respondent: 1. 

Estimated total annual burden hours: 

6,521 hours. 

Estimated total annual costs: 

$212,185.24. This includes an estimated 

burden cost of $0 for capital investment 

or maintenance and operational costs. 

Are There Changes in the Estimates 

From the Last Approval? 

No. 

What Is the Next Step in the Process for 

This ICR? 

EPA will consider the comments 

received and amend the ICR as 

appropriate. The final ICR package will 

then be submitted to OMB for review 

and approval pursuant to 5 CFR 

1320.12. At that time, EPA will issue 

another Federal Register notice 

pursuant to 5 CFR 1320.5(a) (1) (iv) to 

announce the submission of the ICR to 

OMB and the opportunity to submit 

comments to OMB. If you have any 

questions about this ICR or the approval 

process, please contact the technical 

person listed under FOR FURTHER

INFORMATION CONTACT. 

Dated: August 26, 2009. 

John Moses, 

Division Director, Collection Strategies 

Division. 

[FR Doc. E9–21120 Filed 8–31–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2009–0629; FRL–8432–9] 

Petition to Revoke Tolerances for 13 

Pesticides; Notice of Availability 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: EPA is announcing the 

availability and seeking comment on a 

July 23, 2009 petition from the 

American Bird Conservancy (ABC), 

requesting that EPA revoke tolerances 

established under the Federal Food, 

Drug and Cosmetic Act (FFDCA), 

section 408, for uses of 13 pesticides 

with no associated U.S. registrations. 

ABC claims that maintaining these 

tolerances allows Central and South 

American countries to continue using 

these pesticides on crops for which the 

United States has already determined 

there are unacceptable risks for U.S. 

protected migratory birds. 

DATES: Comments must be received on 

or before November 2, 2009. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2009–0629, 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–2009– 

0629. 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: 

Richard P. Dumas, Special Review and 

Reregistration Division (7508P), Office 

of Pesticide Programs, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460– 

0001; telephone number: (703) 308– 

8015; fax number: (703) 308–8005; email address: dumas.richard@epa.gov. 

SUPPLEMENTARY INFORMATION: 

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Federal Register / Vol. 74, No. 168 / Tuesday, September 1, 2009 / Notices 45201 

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 and agricultural 

advocates; the chemical industry; 

pesticide users; and foreign 

governments. 

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. Since others also may 

interested, the Agency has not 

attempted to describe all 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. 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). 

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. What Action is the Agency Taking? 

EPA requests public comment during 

the next 60 days on a petition available 

under docket ID number EPA–HQ– 

OPP–2009–0629, received from the 

ABC. The petition requests that EPA 

revoke tolerances established under 

section 408 of the FFDCA for uses of 13 

pesticides with no associated U.S. 

registrations. ABC claims that 

maintaining these tolerances allows 

Central and South American countries 

to continue using these pesticides on 

crops for which the United States has 

already determined there are 

unacceptable risks for U.S. protected 

migratory birds. 

The Specific 13 Tolerances Requested 

for Revocation are: 

Pesticide Tolerance Requested for Revocation CFR Citation 

Cadusafos Banana 40 CFR 180.461 

Cyproconazole Coffee, bean, green (imported) 40 CFR 180.485 

Diazinon Kiwifruit 40 CFR 180.153 

Dithianon Fruit, pome, group 11 

Hop, dried cones 

40 CFR 180.621 

Diquat Banana 

Coffee, bean, green 

40 CFR 180.226 

Dimethoate Blueberry 40 CFR 180.204 

Fenamiphos Banana 

Fruit, citrus, group 10 

Garlic 

Grape 

Pineapple 

40 CFR 180.349 

Mevinphos Broccoli 

Cabbage 

Cauliflower 

Celery 

Cucumber 

Grape 

Lettuce 

Melon 

Pea 

Pepper 

Spinach 

Squash, summer 

Strawberry 

Tomato 

Watermelon 

40 CFR 180.157 

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45202 Federal Register / Vol. 74, No. 168 / Tuesday, September 1, 2009 / Notices 

Pesticide Tolerance Requested for Revocation CFR Citation 

Methomyl Hop, dried cones 40 CFR 180.253 

Naled Cucumber 

Lettuce 

Tomato 

Pumpkin 

Squash, winter 

Turnip, tops 

40 CFR 180.215 

Phorate Coffee, bean, green 40 CFR 180.206 

Terbufos Coffee, bean, green 40 CFR 180.352 

Dichlorvos Tomato 40 CFR 180.235 

ABC also asserts that should EPA 

believe that tolerances for import 

purposes are necessary, it must consult 

with the U.S. Fish and Wildlife Service 

to retain the tolerances listed above to 

‘‘identify where unintentional take 

reasonably attributable to agency actions 

is having, or is likely to have, a 

measurable negative effect on migratory 

bird populations...’’ and ‘‘develop and 

use principles, standards and practices 

that will lessen the amount of 

unintentional take...’’ 

List of Subjects 

Environmental protection, Pesticides 

and pest. 

Dated: August 24, 2009. 

Peter Caulkins, 

Acting Director, Special Review and 

Reregistration Division, Office of Pesticide 

Programs. 

[FR Doc. E9–21124 Filed 8–31–09; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL –8951–6] 

Notice of a Project Waiver of Section 

1605 (Buy American Requirement) of 

the American Recovery and 

Reinvestment Act of 2009 (ARRA) to 

the Town of Cape Charles, VA 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: The Acting Regional 

Administrator of EPA Region III is 

hereby granting a project waiver of the 

Buy American requirements of ARRA 

Section 1605 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 Town of Cape Charles for the 

purchase of membrane filtrations 

cassettes, which are an integral 

component of the Membrane Bioreactor 

(MBR) wastewater treatment process, at 

its Wastewater Treatment Plant 

(WWTP). Cape Charles indicates that 

the MBR treatment process is necessary 

to achieve the wastewater treatment 

levels required by the National Pollutant 

Discharge Elimination System (NPDES) 

permits issued for this WWTP. The 

membrane filtration equipment under 

consideration is manufactured by a 

company located in Canada and no 

United States manufacturer produces an 

alternative that meets Cape Charles’s 

technical 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 the 

specific project circumstances. The 

Acting Regional Administrator is 

making this determination based on the 

review and recommendations of the 

EPA Region III, Water Protection 

Division, Office of Infrastructure and 

Assistance. Cape Charles has provided 

sufficient documentation to support its 

request. 

The Assistant Administrator of the 

EPA’s Office of Administration and 

Resources Management has concurred 

on this decision to make an exception 

to Section 1605 of ARRA. This action 

permits the purchase of membrane 

filtration cassettes for the proposed 

project being implemented by Cape 

Charles. 

DATES: Effective Date: August 19, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Robert Chominski, Deputy Associate 

Director, (215) 814–2162, or David 

McAdams, Environmental Engineer, 

(215) 814–5764, Office of Infrastructure 

& Assistance (OIA), Water Protection 

Division, U.S. EPA Region III, 1650 

Arch Street, Philadelphia, PA 19103– 

2029. 

SUPPLEMENTARY INFORMATION: In 

accordance with ARRA Section 1605(c), 

EPA hereby provides notice that it is 

granting a project waiver of the 

requirements of Section 1605(b)(2) of 

Public Law 111–5, Buy American 

requirements to the Town of Cape 

Charles for the acquisition of membrane 

filtration cassettes manufactured by GE 

Water and Process Technologies located 

in Canada. Cape Charles has been 

unable to find an American made 

membrane filtration cassette 

manufacturer to meet its specific 

wastewater requirements. 

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 unless a waiver is 

provided to the recipient by EPA. A 

waiver may be provided if EPA 

determines that (1) Applying these 

requirements would be inconsistent 

with 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. 

Cape Charles’s waiver request is to 

allow the purchase of three membrane 

filtration cassettes for use in 

improvements to its existing WWTP. 

This project will upgrade its existing 

WWTP by adding a new MBR treatment 

process. The membrane filtration 

cassette is an integral component of the 

MBR treatment process because it 

separates the treated wastewater from 

the mixed liquor which comes from the 

biological reactors, before the treated 

wastewater is disinfected and 

discharged. After an engineering 

analysis of alternate treatment 

processes, Cape Charles determined 

MBR to be the most environmentally 

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