67714 Federal Register / Vol. 75, No. 212 / Wednesday, November 3, 2010 / Notices 

point source discharges from the 

application of pesticides to waters of the 

United States. States responsible for 

permitting these entities are also 

affected. 

Title: National Pollutant Discharge 

Elimination System (NPDES) Permits for 

Point Source Discharges from the 

Application of Pesticides to Waters of 

the United States (New). 

ICR Numbers: EPA ICR No. 2397.01, 

OMB Control No. 2040–NEW. 

ICR Status: This ICR is for a new 

information collection activity. An 

Agency may not conduct or sponsor, 

and a person is not required to respond 

to, a collection of information, unless it 

displays a currently valid OMB control 

number. The OMB control numbers for 

EPA’s regulations in title 40 of the Code 

of Federal Regulations (CFR), after 

appearing in the Federal Register when 

approved, are listed in 40 CFR part 9, 

are displayed either by publication in 

the Federal Register or by other 

appropriate means, such as on the 

related collection instrument or form, if 

applicable. The display of OMB control 

numbers in certain EPA regulations is 

consolidated in 40 CFR part 9. 

Abstract: This Information Collection 

Request (ICR) calculates the burden and 

costs associated with information 

collection and reporting activities from 

EPA and State NPDES general permits 

for point source discharges from the 

application of pesticides to waters of the 

United States. On November 27, 2006, 

EPA issued a final rule (hereinafter 

called the ‘‘2006 NPDES Pesticides 

Rule’’) clarifying circumstances in 

which an NPDES permit was not 

required to apply pesticide to, or over, 

including near, waters of the U.S. On 

January 9, 2009, the Sixth Circuit Court 

vacated EPA’s 2006 NPDES Pesticides 

Rule. As a result of the Court’s decision, 

on April 9, 2011 NPDES permits will be 

required for discharges to waters of the 

U.S. from the application of biological 

pesticides and chemical pesticides that 

leave a residue. Regulations governing 

permit requirements for NPDES 

discharges are codified at 40 CFR parts 

122. This ICR includes information 

submitted or recorded by permittees as 

well as information used primarily by 

permitting authorities. The permitting 

authority will use the information to 

assess permittee compliance and 

modify/add new permit requirements as 

appropriate. The estimated burden in 

this ICR is based on EPA’s proposed 

NPDES Pesticide General Permit (PGP). 

EPA published the PGP in a Federal 

Register notice on June 4, 2010 (75 FR 

31775) and received over 700 public 

comments. EPA is reviewing the 

comments and will address them in the 

final permit. The final ICR will reflect 

the final permit. 

Burden Statement: The annual 

permittees and permitting authorities 

(44 states and Virgin Islands) reporting 

and recordkeeping burden for this 

collection of information is estimated to 

average 0.8 hours per response. Burden 

means the total time, effort, or financial 

resources expended by permittees and 

permitting authorities to generate, 

maintain, retain, 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; 

train personnel to be able to respond to 

a collection of information; search data 

sources; complete and review the 

collection of information; and transmit 

or otherwise disclose 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: 365,000 permittees, 45 

permitting authorities (44 states and 

Virgin Islands). 

Frequency of response: varies from 

once every 5 years to occasionally as 

needed 

Estimated total average number of 

responses for each respondent: 3.6. 

Estimated total annual burden hours: 

1,033,713 hours (987,904 hrs for 

permittees and 45,809 hrs for permitting 

authorities). 

Estimated total annual costs: 

$51,850,723 ($50,109,969 for permittees 

and $1,740,754 for permitting 

authorities). This includes an estimated 

labor burden cost of $51,850,723 and an 

estimated cost of $0 for capital 

investment or maintenance and 

operational costs. 

Change in the Estimates: This is a 

new ICR. The burden from this ICR will 

be consolidated in the existing ICR for 

the NPDES Program (ICR Number 

0229.19, OMB Number 2040–0004) 

during the next standard renewal cycle. 

The current annual burden in OMB’s 

inventory for the existing NPDES 

Program ICR is 30,943,308 hours. This 

ICR will add 1,033,713 hours, increasing 

the burden by 3.3%. 

What is the next step in the process for 

this ICR? 

EPA will consider the comments 

received and amend this ICR as 

appropriate. EPA will also revise the 

burden estimates based on the final 

PGP. 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 additional 

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: October 27, 2010. 

Sheila E. Frace, 

Acting Director, Office of Wastewater 

Management. 

[FR Doc. 2010–27765 Filed 11–2–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2010–0848; FRL–8851–2] 

Notice of Intent To Suspend Certain 

Pesticide Registrations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: This notice, pursuant to 

section 6(f)(2) of the Federal Insecticide, 

Fungicide and Rodenticide Act (FIFRA), 

publishes a Notice of Intent to Suspend 

issued by EPA pursuant to section 

3(c)(2)(B) of FIFRA. The Notice of Intent 

to Suspend was issued following the 

Agency’s issuance of a Data Call-In 

notice (DCI), which required the 

registrants of the affected pesticide 

products listed in Table 1, containing a 

certain pesticide active ingredient, to 

take appropriate steps to secure the 

data, as listed in Table 2, and following 

the registrant’s failure to submit these 

data or to take other appropriate steps 

to secure the required data. The subject 

data were determined to be required to 

maintain in effect the existing 

registrations of the affected products. 

Failure to comply with the data 

requirements of a DCI is a basis for 

suspension of the affected registrations 

under section 3(c)(2)(B) of FIFRA. 

DATES: Each Notice of Intent to Suspend 

included in this Federal Register notice 

will become a final and effective 

suspension order automatically by 

operation of law 30 days after the date 

of the registrant’s receipt of the mailed 

Notice of Intent to Suspend, or 30 days 

after the date of publication of this 

notice in the Federal Register if the 

mailed Notice of Intent to Suspend is 

returned to the Administrator as 

undeliverable, if delivery is refused, or 

if the Administrator otherwise is unable 

to accomplish delivery to the registrant 


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after making reasonable efforts to do so, 

unless during that time a timely and 

adequate request for a hearing is made 

by a person adversely affected by the 

Notice of Intent to Suspend or the 

registrant has satisfied the 

Administrator that the registrant has 

complied fully with the requirements 

that served as a basis for the Notice of 

Intent to Suspend. Unit IV explains 

what must be done to avoid suspension 

under this notice (i.e., how to request a 

hearing or how to comply fully with the 

requirements that served as a basis for 

the Notice of Intent to Suspend). 

FOR FURTHER INFORMATION CONTACT: 

Terria Northern, Pesticide Re-evaluation 

Division, Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC, 20460–0001; telephone number: 

(703) 305–7093; e-mail address: 

northern.terria@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, farm 

worker 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–2010–0848. 

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. Registrant Issued Notice of Intent to 

Suspend Active Ingredient, Product 

Affected, and Date Issued 

A Notice of Intent to Suspend was 

sent via the U.S. Postal Service (USPS), 

return receipt requested, to the 

registrants for the products listed in 

Table 1 of this unit. 

TABLE 1—LIST OF PRODUCTS

Registrant 

affected Active ingredient EPA registration number Product name 

Date EPA issued 

notice of intent to 

suspend 

Roebic Labs Inc. .......................... Copper Compounds .................... 7792–1 Roebic Root Killer Formula K–77 TBD. 

Roebic Labs Inc. .......................... Copper Compounds .................... 7792–5 Roebic Root ENDZ ..................... TBD. 

Qualco Inc. .................................. Copper Compounds .................... 3525–102 Winter Tablets ‘‘W’’ ..................... TBD. 

III. Basis for Issuance of Notice of 

Intent to Suspend; Requirement List 

The registrants failed to submit the 

required data or information or to take 

other appropriate steps to secure the 

required data listed in Table 2 for their 

pesticide products. 

TABLE 2—LIST OF REQUIREMENTS

EPA registration 

number 

Guideline # as 

listed in 

applicable DCI 

Requirement name Date EPA issued 

DCI 

Date registrant 

received DCI 

Final data due 

date 

Reason for notice 

of intent to 

suspend 

7792–1 ...............

7792–5 ...............

3525–102 ...........

830.1550 Product identity and composition.December 14, 

2007.

December 24, 

2007.

August 30, 2008 No data received. 

830.1600 Description of materials 

used to produce the 

product.

December 14, 

2007.

December 24, 

2007.

August 30, 2008 No data received. 

830.1620 Description of production 

process.

December 14, 

2007.

December 24, 

2007.

August 30, 2008 No data received. 

830.1650 Description of formulation 

process.

December 14, 

2007.

December 24, 

2007.

August 30, 2008 No data received. 

830.1670 Discussion of formation of 

impurities.

December 14, 

2007.

December 24, 

2007.

August 30, 2008 No data received. 

830.1700 Preliminary analysis ......... December 14, 

2007.

December 24, 

2007.

August 30, 2008 No data received. 

830.1750 Certified limits .................. December 14, 

2007.

December 24, 

2007.

August 30, 2008 No data received. 

830.1800 Enforcement analytical 

method.

December 14, 

2007.

December 24, 

2007.

August 30, 2008 No data received. 

830.6302 Color ................................ December 14, 

2007.

December 24, 

2007.

August 30, 2008 No data received. 

830.6303 Physical state ................... December 14, 

2007.

December 24, 

2007.

August 30, 2008 No data received. 

830.6304 Odor ................................. December 14, 

2007.

December 24, 

2007.

August 30, 2008 No data received. 


jlentini on DSKJ8SOYB1PROD with NOTICES
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TABLE 2—LIST OF REQUIREMENTS—Continued 

EPA registration 

number 

Guideline # as 

listed in 

applicable DCI 

Requirement name Date EPA issued 

DCI 

Date registrant 

received DCI 

Final data due 

date 

Reason for notice 

of intent to 

suspend 

830.6313 Stability to normal and 

elevated temperatures, 

metals, and metal ions.

December 14, 

2007.

December 24, 

2007.

August 30, 2008 No data received. 

830.6314 Oxidizing or reducing action.December 14, 

2007.

December 24, 

2007.

August 30, 2008 No data received. 

830.6315 Flammability ..................... December 14, 

2007.

December 24, 

2007.

August 30, 2008 No data received. 

830.6316 Explodability ..................... December 14, 

2007.

December 24, 

2007.

August 30, 2008 No data received. 

830.6317 Storage stability ............... December 14, 

2007.

December 24, 

2007.

August 30, 2008 No data received. 

830.6319 Miscibility .......................... December 14, 

2007.

December 24, 

2007.

August 30, 2008 No data received. 

830.6320 Corrosion characteristics December 14, 

2007.

December 24, 

2007.

August 30, 2008 No data received. 

830.6321 Dielectric breakdown voltage.December 14, 

2007.

December 24, 

2007.

August 30, 2008 No data received. 

830.7000 pH .................................... December 14, 

2007.

December 24, 

2007.

August 30, 2008 No data received. 

830.7050 UV/Visible absorption ...... December 14, 

2007.

December 24, 

2007.

August 30, 2008 No data received. 

830.7100 Viscosity ........................... December 14, 

2007.

December 24, 

2007.

August 30, 2008 No data received. 

830.7200 Melting point/melting 

range.

December 14, 

2007.

December 24, 

2007.

August 30, 2008 No data received. 

830.7220 Boiling point/Boiling range December 14, 

2007.

December 24, 

2007.

August 30, 2008 No data received. 

830.7300 Density/relative density .... December 14, 

2007.

December 24, 

2007.

August 30, 2008 No data received. 

830.7370 Dissociation constants in 

water.

December 14, 

2007.

December 24, 

2007.

August 30, 2008 No data received. 

830.7550 Partition coefficient (n-octanol/water) shake flask 

method.

December 14, 

2007.

December 24, 

2007.

August 30, 2008 No data received. 

830.7570 Partition coefficient (n-octanol/water), estimation 

by liquid chromatography.

December 14, 

2007.

December 24, 

2007.

August 30, 2008 No data received. 

830.7840 Water solubility: Column 

elution method, shake 

flask method.

December 14, 

2007.

December 24, 

2007.

August 30, 2008 No data received. 

830.7860 Water solubility, generator 

column method.

December 14, 

2007.

December 24, 

2007.

August 30, 2008 No data received. 

830.7950 Vapor pressure ................ December 14, 

2007.

December 24, 

2007.

August 30, 2008 No data received. 

870.1100 Acute Oral Toxicity .......... December 14, 

2007.

December 24, 

2007.

August 30, 2008 No data received. 

870.1200 Acute dermal toxicity ....... December 14, 

2007.

December 24, 

2007.

August 30, 2008 No data received. 

870.1300 Acute inhalation toxicity ... December 14, 

2007.

December 24, 

2007.

August 30, 2008 No data received. 

870.2400 Acute eye irritation ........... December 14, 

2007.

December 24, 

2007.

August 30, 2008 No data received. 

870.2500 Acute dermal irritation ...... December 14, 

2007.

December 24, 

2007.

August 30, 2008 No data received. 

870.2600 Skin sensitization ............. December 14, 

2007.

December 24, 

2007.

August 30, 2008 No data received. 

IV. How to avoid suspension under this 

Notice? 

1. You may avoid suspension under 

this notice if you or another person 

adversely affected by this notice 

properly request a hearing within 30 

days of your receipt of the Notice of 

Intent to Suspend by mail or, if you did 

not receive the notice that was sent to 

you via USPS first class mail, return 

receipt requested, then within 30 days 

from the date of publication of this 

Federal Register notice (see DATES). If 

you request a hearing, it will be 

conducted in accordance with the 

requirements of section 6(d) of FIFRA 

and the Agency’s procedural regulations 

in 40 CFR part 164. Section 3(c)(2)(B) of 

FIFRA, however, provides that the only 

allowable issues which may be 

addressed at the hearing are whether 

you have failed to take the actions 

which are the bases of this notice and 

whether the Agency’s decision 

regarding the disposition of existing 

stocks is consistent with FIFRA. 


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Therefore, no substantive allegation or 

legal argument concerning other issues, 

including but not limited to the 

Agency’s original decision to require the 

submission of data or other information, 

the need for or utility of any of the 

required data or other information or 

deadlines imposed, any allegations of 

errors or unfairness in any proceedings 

before an arbitrator, and the risks and 

benefits associated with continued 

registration of the affected product, may 

be considered in the proceeding. The 

Administrative Law Judge shall by order 

dismiss any objections which have no 

bearing on the allowable issues which 

may be considered in the proceeding. 

Section 3(c)(2)(B)(iv) of FIFRA provides 

that any hearing must be held and a 

determination issued within 75 days 

after receipt of a hearing request. This 

75-day period may not be extended 

unless all parties in the proceeding 

stipulate to such an extension. If a 

hearing is properly requested, the 

Agency will issue a final order at the 

conclusion of the hearing governing the 

suspension of your product(s). A request 

for a hearing pursuant to this notice 

must: 

• Include specific objections which 

pertain to the allowable issues which 

may be heard at the hearing. 

• Identify the registrations for which 

a hearing is requested. 

• Set forth all necessary supporting 

facts pertaining to any of the objections 

which you have identified in your 

request for a hearing. 

If a hearing is requested by any person 

other than the registrant, that person 

must also state specifically why he/she 

asserts that he/she would be adversely 

affected by the suspension action 

described in this notice. Three copies of 

the request must be submitted to: 

Hearing Clerk, 1900, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460– 

0001. 

An additional copy should be sent to 

the person who signed this notice. The 

request must be received by the Hearing 

Clerk by the applicable 30th day 

deadline as measured from your receipt 

of the Notice of Intent to Suspend by 

mail or publication of this notice in the 

Federal Register, as set forth in DATES

and in Unit IV.1., in order to be legally 

effective. The 30-day time limit is 

established by FIFRA and cannot be 

extended for any reason. Failure to meet 

the 30-day time limit will result in 

automatic suspension of your 

registration(s) by operation of law and, 

under such circumstances, the 

suspension of the registration for your 

affected products will be final and 

effective at the close of business on the 

applicable 30th day deadline as 

measured from your receipt of the 

Notice of Intent to Suspend by mail or 

publication of this notice in the Federal 

Register, as set forth in DATES and in 

Unit IV.1., and will not be subject to 

further administrative review. The 

Agency’s rules of practice at 40 CFR 

164.7 forbid anyone who may take part 

in deciding this case, at any stage of the 

proceeding, from discussing the merits 

of the proceeding ex-parte with any 

party or with any person who has been 

connected with the preparation or 

presentation of the proceeding as an 

advocate or in any investigative or 

expert capacity, or with any of their 

representatives. Accordingly, the 

following EPA offices, and the staffs 

thereof, are designated as judicial staff 

to perform the judicial function of EPA 

in any administrative hearings on this 

Notice of Intent to Suspend: The Office 

of the Administrative Law Judges, the 

Office of the Environmental Appeals 

Board, the Administrator, the Deputy 

Administrator, and the members of the 

staff in the immediate offices of the 

Administrator and Deputy 

Administrator. None of the persons 

designated as the judicial staff shall 

have any ex-parte communication with 

trial staff or any other interested person 

not employed by EPA on the merits of 

any of the issues involved in this 

proceeding, without fully complying 

with the applicable regulations. 

2. You may also avoid suspension if, 

within the applicable 30 day deadline 

period as measured from your receipt of 

the Notice of Intent to Suspend by mail 

or publication of this notice in the 

Federal Register, as set forth in DATES

and in Unit IV.1., the Agency 

determines that you have taken 

appropriate steps to comply with the 

FIFRA section 3(c)(2)(B) Data Call-In 

notice. In order to avoid suspension 

under this option, you must 

satisfactorily comply with the data 

requirements listed in Table 2—List of 

Requirements in Unit II, for each 

product by submitting all required 

supporting data/information described 

in Table 2, and in the Explanatory 

Appendix (in the docket for this Federal 

Register notice) to the following address 

(preferably by certified mail): Office of 

Pesticide Programs, Pesticide Reevaluation Division, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460– 

0001. 

For you to avoid automatic 

suspension under this notice, the 

Agency must also determine within the 

applicable 30-day deadline period that 

you have satisfied the requirements that 

are the bases of this notice and so notify 

you in writing. You should submit the 

necessary data/information as quickly as 

possible for there to be any chance the 

Agency will be able to make the 

necessary determination in time to 

avoid suspension of your products. The 

suspension of the registrations of your 

company’s products pursuant to this 

notice will be rescinded when the 

Agency determines you have complied 

fully with the requirements which were 

the bases of this notice. Such 

compliance may only be achieved by 

submission of the data/information 

described in Table 2 of Unit II. 

V. Status of Products That Become 

Suspended 

Your product will remain suspended 

until the Agency determines you are in 

compliance with the requirements 

which are the bases of this notice and 

so informs you in writing. 

After the suspension becomes final 

and effective, the registrants subject to 

this notice, including all supplemental 

registrants of products listed in Table 1 

of Unit II., may not legally distribute, 

sell, use, offer for sale, hold for sale, 

ship, deliver for shipment, or receive, 

and having so received, deliver or offer 

to deliver, to any person, the products 

listed in Table 1 of Unit II. Persons other 

than the registrants subject to this 

notice, as defined in the preceding 

sentence, may continue to distribute, 

sell, use, offer for sale, hold for sale, 

ship, deliver for shipment, or receive, 

and having so received, deliver or offer 

to deliver, to any person, the products 

listed in Table 1 of Unit II. Nothing in 

this notice authorizes any person to 

distribute, sell, use, offer for sale, hold 

for sale, ship, deliver for shipment, or 

receive, and having so received, deliver 

or offer to deliver, to any person, the 

products listed in Table 1 of Unit II in 

any manner which would have been 

unlawful prior to the suspension. 

If the registrations for your products 

listed in Table 1 of Unit II are currently 

suspended as a result of failure to 

comply with another FIFRA section 

3(c)(2)(B) Data Call-In notice or section 

4 Data Requirements notice, this notice, 

when it becomes a final and effective 

order of suspension, will be in addition 

to any existing suspension, i.e., all 

requirements which are the bases of the 

suspension must be satisfied before the 

registration will be reinstated. 

It is the responsibility of the basic 

registrant to notify all supplementary 

registered distributors of a basic 

registered product that this suspension 

action also applies to their 

supplementary registered products. The 

basic registrant may be held liable for 


jlentini on DSKJ8SOYB1PROD with NOTICES
67718 Federal Register / Vol. 75, No. 212 / Wednesday, November 3, 2010 / Notices 

violations committed by their 

distributors. 

Any questions about the requirements 

and procedures set forth in this notice 

or in the subject FIFRA section 

3(c)(2)(B) Data Call-In notice, should be 

addressed to the person listed under FOR

FURTHER INFORMATION CONTACT. 

VI. What is the Agency’s authority for 

taking this action? 

The Agency’s authority for taking this 

action is contained in sections 3(c)(2)(B) 

and 6(f)(2) of FIFRA, 7 U.S.C. 136 et seq. 

List of Subjects 

Environmental protection, Pesticides 

and pests. 

Dated: October 25, 2010. 

Richard P. Keigwin, Jr., 

Director, Pesticide Re-evaluation Division, 

Office of Pesticide Programs. 

[FR Doc. 2010–27506 Filed 11–2–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9220–8] 

Meeting of the Local Government 

Advisory Committee 

AGENCY: Environmental Protection 

Agency. 

ACTION: Notice. 

SUMMARY: The Local Government 

Advisory Committee (LGAC) will meet 

on November 17–18, 2010, in 

Washington, DC. The Committee 

meeting will be located at The Hall of 

States, 444 North Capitol Street, NW., 

Washington, DC. The focus of the 

Committee meeting will be on 

Administrator Lisa P. Jackson’s 

priorities for EPA: Protecting America’s 

waters; cleaning up our communities; 

expanding the conversation on 

environmental protection; improving air 

quality; taking action on climate change; 

assuring the safety of chemicals, and 

building strong partnerships. 

This is an open meeting and all 

interested persons are invited to attend. 

The Committee will hear comments 

from the public between 3:15 p.m. and 

3:45 p.m. on Wednesday, November 17, 

2010. Individuals or organizations 

wishing to address the LGAC meeting 

will be allowed a maximum of five 

minutes to present their point of view. 

Also, written comments should be 

submitted electronically to 

Eargle.Frances@epa.gov. Please contact 

the Designated Federal Officer (DFO) at 

the number listed below to schedule 

agenda time. Time will be allotted on a 

first come first serve basis, and the total 

period for comments may be extended 

if the number of requests for 

appearances requires it. 

DATES: November 17–18, 2010. 

ADDRESSES: The LGAC meeting will be 

held at The Hall of States, located at 444 

North Capitol Street NW., Washington 

DC. The Committee’s meeting minutes 

and summary notes will be available 

after the meeting online at http:// 

www.epa.gov/ocir/scas and can be 

obtained by written request to the DFO. 

FOR FURTHER INFORMATION CONTACT: 

Frances Eargle, DFO for the Local 

Government Advisory Committee 

(LGAC) at (202) 564–3115 or e-mail at 

Eargle.frances@epa.gov. 

INFORMATION ON SERVICES FOR THOSE

WITH DISABILITIES: For Information on 

access or services for individuals with 

disabilities, please contact Frances 

Eargle at (202) 564–3115 or 

eargle.frances@epa.gov. To request 

accommodation of a disability, please 

request it 10 days prior to the meeting, 

to give EPA as much time as possible to 

process your request. 

Dated: October 29, 2010. 

Frances Eargle, 

Designated Federal Officer, Local Government 

Advisory Committee. 

[FR Doc. 2010–27875 Filed 11–2–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9220–3] 

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 Windsor, CA; Project# 

4910017–033 Funded by the California 

DWSRF ARRA Loan# AR09FP45 

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 

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 Windsor, a California 

Drinking Water State Revolving Fund 

(DWSRF)/ARRA loan recipient, for the 

purchase of a 20-inch diameter mild 

steel well casing (API standard 5L or 

ASTM standard A53 schedule 30b or 

better). 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 on this 

decision to make an exception under 

section 1605(b)(2) of ARRA. 

DATES: Effective Date: August 13, 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. 

SUPPLEMENTARY INFORMATION: In 

accordance with ARRA Section 1605(c) 

and OMB regulations at 2 CFR Part 176, 

Subpart B, the EPA hereby provides 

notice that it is granting a late project 

waiver of the requirements of Section 

1605(a) of Public Law 111–5, Buy 

American requirements, to the City for 

the purchase and use of a 20-inch 

diameter mild steel well casing 

manufactured abroad. The head of each 

Federal agency is authorized to issue 

project waivers pursuant to Section 

1605(c) of ARRA. 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. 

This waiver request came after the 

goods had been used in the project. 

Under 2 CFR 176.130(c)(1), the 

applicable noncompliance provision 

regarding unauthorized use of foreign 

manufactured goods, EPA is authorized 

to process a waiver under 2 CFR 

176.120(a) if ‘‘the need for such 

determination otherwise was not 

reasonably foreseeable.’’ EPA has further 

outlined this process in its April 28, 

2009 memorandum: Implementation of 

Buy American provisions of Public Law 

111–5, the ‘‘American Recovery and 

Reinvestment Act of 2009’’ (the April 28 

memorandum). EPA has determined 

under these circumstances that the need 

for such a waiver was not reasonably 

foreseeable. Therefore, under the 

authority of 2 CFR 176.120 and 

176.130(c)(1), and as explained in the 

April 28 memorandum, EPA will 

process the waiver request as if it was 

requested in a timely manner. EPA has 

determined that it would have evaluated 

a waiver request had the recipient 

applied for a waiver prior to using the 

foreign casing in the ARRA project. EPA 


jlentini on DSKJ8SOYB1PROD with NOTICES