### 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


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

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 projectphase 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/consistencyanalyzer 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


### 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