38160 Federal Register / Vol. 76, No. 125 / Wednesday, June 29, 2011 / Notices 

5790) (FRL–8807–5) (EPA–HQ–OPP– 

2009–0937), which announced the filing 

of a pesticide petition (PP 9E7638) by 

Cognis Corporation, c/o Lewis & 

Harrison, LLC., 122 C. St., NW., Suite 

740, Washington, DC 20001. The 

petition proposed to establish an 

exemption from the requirement of a 

tolerance for residues of the alkyl 

polyglycosides (CAS Reg. Nos. 68515– 

73–1, 110615–47–9, and 132778–08–6) 

under 40 CFR 180.950 when used as 

inert ingredient in pesticide 

formulations. On September 8, 2010, 

Lewis & Harrison, LLC., notified EPA 

that it was withdrawing this petition. 

Contact: Karen Samek, (703) 347–8825, 

e-mail address: samek.karen@epa.gov. 

8. PP 0F7739 (Diflubenzuron). EPA 

issued a notice in the Federal Register 

of August 11, 2010 (75 FR 48667) (FRL– 

8840–6) (EPA–HQ–OPP–2010–0603), 

which announced the filing of a 

pesticide petition (PP 0F7739) by 

Chemtura Corporation, 199 Benson 

Road (2–5), Middlebury, CT 06749. The 

petition proposes to establish tolerances 

in 40 CFR part 180 for residues of the 

insecticide diflubenzuron, N-[[(4- 

chlorophenyl) amino]carbonyl]-2,6- 

difluorobenzamide (DFB) and its 

metabolites 4-chlorophenylurea (CPU) 

and 4-chloroaniline (PCA), in or on 

citrus fruit, crop group 10 at 1.3 ppm, 

and citrus, oil processed commodity at 

39 ppm. On August 12, 2010, Chemtura 

Corp., notified EPA that it was 

withdrawing the petition for citrus fruit, 

crop group 10, only. Contact: Kable 

Davis, (703) 306–0415, e-mail address: 

davis.kable@epa.gov. 

9. PP 8F7349 (Methomyl). EPA issued 

a notice in the Federal Register of 

August 13, 2008 (73 FR 47184) (FRL– 

8376–8), (EPA–HQ–OPP–2007–0975), 

which announced the filing of a 

pesticide petition (PP 8F7349) by 

DuPont de Nemours and Company, 

DuPont Crop Protection, P.O. Box 30, 

Newark, DE 19714–0030. The petition 

proposes to set reduced tolerances in 40 

CFR Part 180 for residues of the 

insecticide, methomyl (S-methyl N- 

[(methylcarbamoyl)oxy] 

thioacetimidate), in or on grapes, table 

at 1.5 ppm; grapes, juice at 5.0 ppm; 

grapes, raisin at 5.0 ppm; and grapes, 

wine at 5.0 ppm. On February 9, 2010, 

DuPont, notified EPA that it was 

withdrawing the petition for decreasing 

the tolerance on grapes. Contact: Tom 

Harris, (703) 308–9423, e-mail address: 

harris.thomas@epa.gov. 

10. PP 9F7622 (Metconazole). EPA 

issued a notice in the Federal Register 

of June 23, 2010 (75 FR 35801) (FRL– 

8831–3), (EPA–HQ–OPP–2010–0287), 

which announced the filing of a 

pesticide petition (PP 9F7622) by Valent 

U.S.A. Company, 1600 Riviera Ave., 

Suite 200, Walnut Creek, CA 94596– 

8025. The petition proposed to amend 

the tolerances in 40 CFR 180.617 by 

decreasing the established tolerance for 

residues of the fungicide metconazole, 

5-[(4-chlorophenyl)methyl]-2,2- 

dimethyl-1-(1H–1,2,4-triazol-1- 

ylmethyl)cyclopentanol, measured as 

the sum of cis- and trans-isomers, in or 

on nut, tree (crop group 14) from 0.04 

ppm to 0.02 ppm. On November 30, 

2010, Valent U.S.A. Company, notified 

EPA that it was withdrawing this 

petition. Contact: Tracy Keigwin, (703) 

305–6605, e-mail address: 

keigwin.tracy@epa.gov. 

11. PP 7F7264 (Flusilazole). EPA 

issued a notice in the Federal Register 

of April 13, 2009 (74 FR 16866) (FRL– 

8396–6) (EPA–HQ–OPP–2008–0838), 

which announced the filing of a 

pesticide petition (PP 7F7264) by E. I. 

duPont de Nemours and Company, 

DuPont Crop Protection, P. O. Box 30, 

Newark, DE 19714–0030. The petition 

proposed to establish a tolerance in 40 

CFR Part 180 for residues of the 

fungicide flusilazole, (1[[bis(4- 

fluorophenyl)methyl-silyl]methyl]-1H– 

1,2,4-triazole) and its metabolite IN– 

F7321 (bis(4-fluorophenyl) 

methylsilanol) in or on soybean at 0.04 

parts per million (ppm); soybean, 

aspirated grain fractions at 2.6 ppm; 

soybean, refined oil at 0.1 ppm; wheat, 

grain at 0.15 ppm; wheat, forage at 25 

ppm, wheat, straw at 7.0 ppm; wheat, 

aspirated grain fractions at 6.0 ppm; 

cattle, fat at 1.5 ppm; cattle, kidney at 

5.0 ppm; cattle, liver at 2.0 ppm; cattle, 

meat and cattle meat byproducts at 0.40 

ppm; goat, fat at 1.5 ppm; goat, kidney 

at 5.0 ppm; goat, liver, at 2.0 ppm; goat, 

meat and goat, meat byproducts at 0.40 

ppm; hog, fat at 1.5 ppm; hog, kidney 

at 5.0 ppm; hog, liver at 2.0 ppm; hog, 

meat and hog, meat byproducts at 0.40 

ppm; horse, fat at 1.5 ppm; horse, 

kidney at 5.0 ppm; horse, liver at 2.0 

ppm; horse, meat and horse, meat 

byproducts a 0.40 ppm; milk at 0.20 

ppm; milk, fat at 1.3 ppm; sheep, fat at 

1.5 ppm; sheep, kidney at 5.0 ppm; 

sheep, liver at 2.0 ppm; sheep, meat and 

sheep, meat byproducts at 0.40 ppm. On 

February 2, 2009, E. I. duPont de 

Nemours and Company, DuPont Crop 

Protection notified EPA that it was 

withdrawing this petition. Contact: 

Tracy Keigwin, 703–305–6605, 

keigwin.tracy@epa.gov. 

12. PP 8E7313 (Fenpropidin). EPA 

issued a notice in the Federal Register 

of April 13, 2009 (74 FR 16866) (FRL– 

8396–6) (EPA–HQ–OPP–2008–0840), 

which announced the filing of a 

pesticide petition (PP 8E7313) by 

Syngenta Crop Protection, P.O. Box 

18300, Greensboro, NC 27419. The 

petition proposed to establish a 

tolerance in 40 CFR part 180 for 

residues of the fungicide fenpropidin, 1- 

[3-[4-(1, 1-dimethylethyl) phenyl]-2- 

methyl-propyl]-piperidine in or on 

banana, whole fruit at 10 parts per 

million (ppm). On October 16, 2009, 

Syngenta Crop Protection notified EPA 

that it was withdrawing this petition. 

Contact: Tracy Keigwin, 703–305–6605, 

keigwin.tracy@epa.gov. 

List of Subjects 

Environmental protection, 

Agricultural commodities, Feed 

additives, Food additives, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: June 21, 2011. 

Lois Rossi, 

Director, Registration Division, Office of 

Pesticide Programs. 

[FR Doc. 2011–16199 Filed 6–28–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2011–0357, FRL–8878–5] 

Pesticide Products; Registration 

Applications 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: EPA has received applications 

to register pesticide products containing 

an active ingredient not included in any 

previously registered pesticide 

products. Pursuant to the provisions of 

section 3(c)(4) of the Federal Insecticide, 

Fungicide, and Rodenticide Act 

(FIFRA), EPA is hereby providing notice 

of receipt and opportunity to comment 

on these applications. 

DATES: Comments must be received on 

or before July 29, 2011. 

ADDRESSES: Submit your comments, 

identified by docket identification (ID) 

number EPA–HQ–OPP–2011–0357, 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 

mstockstill on DSK4VPTVN1PROD with NOTICES

Federal Register / Vol. 76, No. 125 / Wednesday, June 29, 2011 / Notices 38161 

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–2011– 

0357. 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 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 

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: 

Gene Benbow, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 347–0235; e-mail address: 

benbow.gene@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. Potentially 

affected entities may include, but are 

not limited to: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

This listing is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

the person listed 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. Registration Applications 

EPA has received applications to 

register pesticide products containing 

an active ingredient not included in any 

previously registered pesticide 

products. Pursuant to the provisions of 

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

providing notice of receipt and 

opportunity to comment on these 

applications. Notice of receipt of these 

applications does not imply a decision 

by the Agency on these applications. 

1. File Symbol: 59639–RIN. Applicant: 

Valent U.S.A. Corporation. 1600 Riviera 

Ave., Suite 200. Walnut Creek, CA 

94596. Product name: V–10135 

Technical Fungicide. Active ingredient: 

Fungicide and fenpyrazamine at 96.6%. 

Proposed classification/Use: Fungicide 

for formulation use only. 

2. File Symbol: 59639–RTO. 

Applicant: Valent U.S.A. Corporation. 

1600 Riviera Ave., Suite 200. Walnut 

Creek, CA 94596. Product name: 

V10135 4 SC Fungicide. Active 

ingredient: Fungicide and 

fenpyrazamine at 43.6%. Proposed 

classification/Use: For control of certain 

diseases in almond, grape (small fruit 

vine climbing group, except fuzzy 

kiwifruit), lettuce (head and leaf), 

strawberry (low growing berry 

subgroup) and ornamentals. 

List of Subjects 

Environmental protection, Pesticides 

and pest. 

mstockstill on DSK4VPTVN1PROD with NOTICES

38162 Federal Register / Vol. 76, No. 125 / Wednesday, June 29, 2011 / Notices 

Dated: June 16, 2011. 

Lois Rossi, 

Director, Registration Division, Office of 

Pesticide Programs. 

[FR Doc. 2011–16042 Filed 6–24–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9426–8] 

Notice of a Project Waiver of Section 

1605 (Buy American Requirement) of 

the American Recovery and 

Reinvestment Act of 2009 (ARRA) to 

the Wayne County Department of 

Public Services in Wayne County, MI 

(Wayne County) 

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 of a 

satisfactory quality] to Wayne County 

for the purchase of Link-Pipe PVC 

products in various pipe diameters for 

sewer pipe repair in seventeen locations 

throughout the Rouge Valley Sewage 

Disposal System in Wayne County, 

Michigan. This is a project-specific 

waiver and only applies to the use of the 

specified products 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. These Link-Pipe PVC 

products, which are manufactured in 

Canada, meet Wayne County’s 

performance specifications and 

requirements. The Regional 

Administrator is making this 

determination based on the review and 

recommendations of EPA Region 5’s 

Water Division. Wayne County has 

provided sufficient documentation to 

support its request. 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 Link-Pipe PVC 

products in various pipe diameters for 

sewer pipe repair that may otherwise be 

prohibited under Section 1605(a) of the 

ARRA. 

DATES: Effective Date: June 29, 2011. 

FOR FURTHER INFORMATION CONTACT: 

Andrew Lausted, SRF Program Manager 

(312) 886–0189, or Puja Lakhani, Office 

of Regional Counsel, (312) 353–3190, 

U.S. EPA Region 5, 77 W. Jackson Blvd., 

Chicago, IL 60604. 

SUPPLEMENTARY INFORMATION: In 

accordance with ARRA Section 1605(c) 

and pursuant to Section 1605(b)(2) of 

Public Law 111–5, Buy American 

requirements, EPA hereby provides 

notice that it is granting a project waiver 

to Wayne County, Michigan, for the 

acquisition of Link-Pipe PVC in various 

pipe diameters that are manufactured in 

Canada. 

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, or unless a waiver is 

provided to the recipient by the head of 

the appropriate agency, here 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 Link-Pipe PVC products will 

allow for efficient and effective sewer 

pipe repair at seventeen locations 

throughout the Rouge Valley Sewage 

Disposal System. Wayne County 

selected Link-Pipe products to allow for 

trenchless spot repair of sanitary sewer 

interceptor lines. The snap-out PVC 

repair sleeves are designed to quickly 

and easily repair damaged/leaking 

sanitary sewers without excavation—a 

requirement for the project since many 

of the sewer interceptor repair sites are 

located in remote wetlands and forested 

areas where access is restricted. Wayne 

County’s submissions clearly articulated 

the functional reasons that justified 

their technical specifications and 

requirements. 

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’,’’ 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 in the proper form or 

specification as specified in the project 

plans and design.’’ 

The applicant met the requirements 

specified for the availability inquiry as 

appropriate to the circumstances by 

conducting an extensive investigation 

into all possible sources for products to 

repair sewer pipe 42 to 78 inches in 

diameter. Based on the investigation, 

several companies were found to 

manufacture sewer repair products, but 

none were able to meet all of the criteria 

in the project specifications, namely 

snap-out repair sleeves consisting of 

rigid polyvinylchloride pipe material 

conforming to material standards known 

as Normal Impact Type 1 PVC 12454– 

B, snap-out parts connected by noncorrodible metal hinges, and sleeves to 

repair sewer pipe between 42 to 78 

inches in diameter. Therefore, Wayne 

County contends that there is no 

domestic product of satisfactory quality 

available. 

EPA’s national contractor prepared a 

technical assessment report based on 

the submitted waiver request. The 

report determined that the waiver 

request submittal was complete, that 

adequate technical information was 

provided, and that there were no 

significant weaknesses in the 

justification provided. Therefore, based 

on the information provided to EPA and 

to the best of our knowledge at this 

time, the Link-Pipe PVC snap-out sewer 

repair sleeves necessary for this project 

are not manufactured in the United 

States, and no other U.S. manufactured 

product can meet Wayne County’s 

project performance specifications and 

requirements. 

EPA has also evaluated Wayne 

County’s 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 Wayne 

County’s project specifications for PVC 

repair sleeves that fit sewer pipe 42 to 

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