3136 Federal Register / Vol. 76, No. 12 / Wednesday, January 19, 2011 / Notices 

testing of chemical substances under the 

Federal Food, Drug, and Cosmetic Act 

(FFDCA) or the Federal Insecticide, 

Fungicide, and Rodenticide Act 

(FIFRA). 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 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. 

3. Environmental justice. EPA seeks to 

achieve environmental justice, the fair 

treatment and meaningful involvement 

of any group, including minority and/or 

low income populations, in the 

development, implementation, and 

enforcement of environmental laws, 

regulations, and policies. To help 

address potential environmental justice 

issues, the Agency seeks information on 

any groups or segments of the 

population who, as a result of their 

location, cultural practices, or other 

factors, may have atypical or 

disproportionately high and adverse 

human health impacts or environmental 

effects from exposure to the pesticide(s) 

discussed in this document, compared 

to the general population. 

II. What action is the agency taking? 

Under section 5 of FIFRA, 7 U.S.C. 

136c, EPA can allow manufacturers to 

field test pesticides under development. 

Manufacturers are required to obtain an 

EUP before testing new pesticides or 

new uses of pesticides if they conduct 

experimental field tests on 10 acres or 

more of land or one acre or more of 

water. 

In accordance with 40 CFR 172.11(a), 

the Agency has determined that the 

following EUP application may be of 

regional and national significance, and 

therefore is seeking public comment on 

the EUP application: 

Submitter: Syngenta Seeds Inc., 

(67979–EUP–8). 

Pesticide Chemical: [Event 5307] 

Bacillus thuringiensis eCry3.1Ab 

protein and the genetic material 

necessary for its production (vector 

pSYN12274) in Event 5307 corn (SYN– 

;53;7–1). 

Summary of Request: In the Federal 

Register of September 22, 2010 (75 FR 

57778) (FRL–8844–4) EPA announced 

issuance of 67979–EUP–8. This 

extension application is for 3,791 acres 

of Event 5307 and related PIP acreage as 

described under SUMMARY and 3,122 

acres of non-PIP corn from March 2012 

to December 2013. Two protocols will 

be conducted, including: Efficacy 

evaluation and regulatory studies. States 

and Commonwealth involved include: 

Arkansas, California, Colorado, Florida, 

Georgia, Hawaii, Idaho, Illinois, Indiana, 

Iowa, Kansas, Kentucky, Louisiana, 

Maryland, Michigan, Minnesota, 

Mississippi, Missouri, Nebraska, New 

York, North Carolina, Ohio, Oklahoma, 

Puerto Rico, South Carolina, South 

Dakota, Texas, Washington, and 

Wisconsin. 

A copy of the application and any 

information submitted is available for 

public review in the docket established 

for this EUP application as described 

under ADDRESSES. 

Following the review of the 

application and any comments and data 

received in response to this solicitation, 

EPA will decide whether to issue or 

deny the EUP request, and if issued, the 

conditions under which it is to be 

conducted. Any issuance of an EUP will 

be announced in the Federal Register. 

List of Subjects 

Environmental protection, 

Experimental use permits. 

Dated: January 6, 2011. 

Keith A. Matthews, 

Acting Director, Biopesticides and Pollution 

Prevention Division, Office of Pesticide 

Programs. 

[FR Doc. 2011–1021 Filed 1–18–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–R07–OW–2010–1084; FRL–9254–3] 

Notice of a Regional Project Waiver of 

Section 1605 (Buy American) of the 

American Recovery and Reinvestment 

Act of 2009 (ARRA) to the City of 

Columbia, MO 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: The EPA is hereby granting a 

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 City of Columbia, MO (‘‘City’’) for 

the purchase of two (2) foreign 

manufactured Toshiba LQ500 Density 

Analyzers in Columbia, Missouri. This 

is a project specific waiver and only 

applies to the use of the specified 

product for the ARRA project being 

proposed. Any other ARRA recipient 

that wishes to use the same product 

must apply for a separate waiver based 

on project specific circumstances. Based 

upon critical performance requirements 

and project specifications for the 

Toshiba LQ500 density analyzer, a list 

of potential manufacturers, project 

schedule, and a price comparison 

worksheet of the different 

manufacturers submitted by the City 

and its consulting engineer, it has been 

determined that there are currently no 

domestically manufactured density 

analyzers available to meet the City’s 

project specifications. The Regional 

Administrator is making this 

determination based on the review and 

recommendations of the Clean Water 

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Federal Register / Vol. 76, No. 12 / Wednesday, January 19, 2011 / Notices 3137 

State Revolving Fund (CWSRF) staff. 

The Assistant Administrator of the 

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 two foreign 

manufactured Toshiba LQ500 density 

analyzers. City of Columbia, MO has 

provided sufficient documentation to 

support their waiver request. 

DATES: Effective Date: January 6, 2011 . 

FOR FURTHER INFORMATION CONTACT: 

Christopher Simmons, Environmental 

Engineer, Water Wetlands and 

Pesticides Division (WWPD), (913) 551– 

7237, U.S. EPA Region 7, 901 N. Fifth 

Street, Kansas City, KS 66101. 

SUPPLEMENTARY INFORMATION: In 

accordance with ARRA Section 1605(c), 

the EPA hereby provides notice that it 

is granting a project waiver of the 

requirements of Section 1605 (a) of 

Public Law 111–5, Buy American 

requirements, to the City of Columbia, 

MO (‘‘City’’) for the purchase of two nondomestically manufactured Toshiba 

LQ500 density analyzers, to meet the 

City’s design and performance 

specifications as part of its proposed 

Wastewater Treatment Facility Phase 1 

Improvement project in Columbia, MO. 

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 a public works project 

unless all of the iron, steel, and 

manufactured goods used in the project 

is produced in the United States, or 

unless a waiver is provided to the 

recipient by the head of the appropriate 

agency, here the EPA. A waiver may be 

provided if EPA determines that (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. 

The City of Columbia, MO is 

proposing a wastewater treatment 

facility (WWTF) improvement project 

phase 1 that includes the use of a nondomestically manufactured Toshiba 

LQ500 density analyzer. The Toshiba 

LQ500 density analyzers measure the 

density of the WWTF’s primary sludge 

as a parameter for sludge waste process 

control. The Toshiba LQ500 density 

analyzer provides improved settling of 

microbiological populations, provides 

improved nutrient removal, maintains 

constant mass solids loading to 

activated sludge thickeners, and reduces 

variability of Total Solids (TS) 

concentrations which results in a 

considerable improvement of thickener 

performance. Project specifications for a 

density analyzer require the following to 

meet the design and performance 

criteria: 

(1) The density analyzer shall consist 

of an element and transmitter that 

utilizes the microwave phase difference 

method to determine the density of that 

process fluid; 

(2) The element shall consist of an 

obstruction-less microwave source; 

(3) The element shall mount, nonintrusively, in line with the process 

piping using mounting hardware 

furnished with the device; 

(4) The element components shall be 

rated for explosion proof service; and 

(5) The transmitter shall be 

microprocessor based, generate an 

isolated 4–20 mA dc output 

proportional to the process density, and 

be provided in a NEMA 4 rated, wall 

mounted enclosure. 

The Clean Water State Revolving 

Fund (CWSRF) staff has reviewed this 

waiver request and has determined that 

the supporting documentation provided 

by the City of Columbia, MO establishes 

both a proper basis to specify a 

particular manufactured good, and that 

there is no domestic manufactured good 

currently available. The information 

provided is sufficient to meet the 

following criteria listed under Section 

1605(b) of the ARRA and in the April 

28, 2009 Memorandum: Iron, steel, and 

the manufactured goods are not 

produced in the United States in 

sufficient and reasonably available 

quantities and of a satisfactory quality. 

The LQ500 density/consistency 

analyzer is manufactured nondomestically by the Toshiba 

Corporation. The supporting 

documentation and independent 

research and communication with 

manufacturers of in-line, non-intrusive 

sludge density analytical process 

analyzers conducted by EPA’s national 

contractor demonstrate that there are no 

U.S. manufacturers able to meet the 

project specifications. None of the 

companies contacted by EPA’s national 

contractor manufacture their density 

analytical instruments in the United 

States. 

EPA has also evaluated Columbia, 

MO’s waiver request to determine if its 

submission is considered late or if it 

could be considered timely, as per the 

OMB Guidance at 2 CFR 176.120. EPA 

will generally regard waiver requests 

with respect to components that were 

specified in the bid solicitation or in a 

general/primary construction contract as 

‘‘late’’ if submitted after the contract 

date. However, EPA could also 

determine that a request be evaluated as 

timely, though made after the date that 

the contract was signed, if the need for 

a waiver was not reasonably foreseeable. 

If the need for a waiver is reasonably 

foreseeable, then EPA could still apply 

discretion in these late cases as per the 

OMB Guidance, which says ‘‘the award 

official may deny the request.’’ For those 

waiver requests that do not have a 

reasonably unforeseeable basis for 

lateness, but for which the waiver basis 

is valid and there is no apparent gain by 

the ARRA recipient or loss on behalf of 

the government, then EPA will still 

consider granting a waiver. 

In this case, there are no U.S. 

manufacturers that meet Columbia, 

MO’s project specification for the 

density analyzer. The waiver request 

was not made prior to the contract being 

signed because initially the 

manufacturer said their product was 

substantially transformed in the U.S.; 

however, Columbia, MO did not accept 

this documentation. There is no 

indication that Columbia, MO failed to 

request a waiver in order to avoid the 

requirements of the ARRA, particularly 

since there are no domestically 

manufactured products available that 

meet the project specifications. EPA will 

consider Columbia, MO’s waiver 

request, a foreseeable late request, as 

though it had been timely made since 

there is no gain by Columbia, MO and 

no loss by the government due to the 

late request. 

Furthermore, the purpose of the 

ARRA is to stimulate economic recovery 

by funding current infrastructure 

construction, not to delay projects that 

are ‘‘shovel ready’’ by requiring potential 

SRF eligible recipients, such as the City 

of Columbia, MO, to revise their design 

standards and specifications as well as 

their construction schedule. There are 

no domestic manufacturers that can 

provide density analyzers that meet the 

specifications of this WWTF 

improvement project. To delay this 

construction would directly conflict 

with a fundamental economic purpose 

of ARRA, which is to create or retain 

jobs. 

The April 28, 2009 EPA HQ 

Memorandum, ‘‘Implementation of Buy 

American provisions of Public Law 

111–5, the ‘American Recovery and 

Reinvestment Act of 2009’ ’’ 

(‘‘Memorandum’’), defines reasonably 

available quantity as ‘‘the quantity of 

iron, steel, or relevant manufactured 

good is available or will be available at 

the time needed and place needed, and 

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3138 Federal Register / Vol. 76, No. 12 / Wednesday, January 19, 2011 / Notices 

in the proper form or specification as 

specified in the project plans and 

design.’’ The same Memorandum 

defines ‘‘satisfactory quality’’ as ‘‘the 

quality of steel, iron or manufactured 

good specified in the project plans and 

designs.’’ 

The March 31, 2009 Delegation of 

Authority Memorandum provided 

Regional Administrators with the 

temporary authority to issue exceptions 

to Section 1605 of the ARRA within the 

geographic boundaries of their 

respective regions and with respect to 

requests by individual grant recipients. 

Having established both a proper 

basis to specify the particular 

manufactured good required for this 

project and that this manufactured good 

was not available from a producer in the 

United States, the City is hereby granted 

a waiver from the Buy American 

requirements of Section 1605(a) of 

Public Law 111–5. This waiver permits 

use of ARRA funds for the purchase of 

a non-domestic manufactured Toshiba 

LQ500 Density Analyzers documented 

in City’s waiver request submittal dated 

August 11, 2010. This supplementary 

information constitutes the detailed 

written justification required by Section 

1605(c) for waivers based on a finding 

under subsection (b). 

Authority: Pub. L. 111–5, section 1605. 

Dated: January 6, 2011. 

Karl Brooks, 

Regional Administrator, Region 7. 

[FR Doc. 2011–1018 Filed 1–18–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2010–0014; FRL–8857–1] 

Notice of Receipt of Requests To 

Voluntarily Cancel Certain Pesticide 

Registrations 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: In accordance with section 

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

Fungicide, and Rodenticide Act 

(FIFRA), as amended, EPA is issuing a 

notice of receipt of requests by 

registrants to voluntarily cancel certain 

pesticide registrations. EPA intends to 

grant these requests at the close of the 

comment period for this announcement 

unless the Agency receives substantive 

comments within the comment period 

that would merit its further review of 

the requests, or unless the registrants 

withdraw their requests. If these 

requests are granted, any sale, 

distribution, or use of products listed in 

this notice will be permitted after the 

registrations have been canceled only if 

such sale, distribution, or use is 

consistent with the terms as described 

in the final order. 

DATES: Comments must be received on 

or before July 14, 2011. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2010–0014, 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. 

• Submit written withdrawal request 

by mail to: Pesticide Re-evaluation 

Division (7508P), Office of Pesticide 

Programs, Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460–0001. Attention: 

Maia Tatinclaux. 

• 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– 

0014. 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 http:// 

www.regulations.gov or e-mail. 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 comment. 

If you send an e-mail comment directly 

to EPA without going through http:// 

www.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: 

Maia Tatinclaux, Pesticide Reevaluation Division (7508P), Office of 

Pesticide Programs, Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460– 

0001; telephone number: (703) 347– 

0123; e-mail address: 

tatinclaux.maia@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

This action is directed to the public 

in general, and may be of interest to a 

wide range of stakeholders including 

environmental, human health, and 

agricultural advocates; the chemical 

industry; pesticide users; and members 

of the public interested in the sale, 

distribution, or use of pesticides. If you 

have any questions regarding the 

information in this notice, 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 http:// 

www.regulations.gov or e-mail. Clearly 

mark the part or all of the information 

mstockstill on DSKH9S0YB1PROD with NOTICES