6560 Federal Register / Vol. 77, No. 26 / Wednesday, February 8, 2012 / Notices 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2009–0254; FRL–9334–8] 

Pesticide Product Registration 

Approval 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: This notice announces 

Agency approval of an application to 

register the pesticide product Contram 

ST–1 containing an active ingredient 

not included in any previously 

registered products pursuant to the 

provisions of section 3(c)(5) of the 

Federal Insecticide, Fungicide, and 

Rodenticide Act (FIFRA), as amended. 

FOR FURTHER INFORMATION CONTACT: 

Karen Leavy, Antimicrobials Division, 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001; telephone number: 

(703) 308–6237 email address: 

leavy.karen@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: 

• 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. 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–2009–0254. 

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. 

In accordance with section 3(c)(2) of 

FIFRA, a copy of the approved label, the 

list of data references, the data and other 

scientific information used to support 

registration, except for material 

specifically protected by section 10 of 

FIFRA, are also available for public 

inspection. Requests for data must be 

made in accordance with the provisions 

of the Freedom of Information Act and 

must be addressed to the Freedom of 

Information Office (A–101), 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001. Such requests should: 

Identify the product name and 

registration number and specify the data 

or information desired. 

A paper copy of the fact sheet, which 

provides more detail on this 

registration, may be obtained from the 

National Technical Information Service 

(NTIS), 5285 Port Royal Rd., 

Springfield, VA 22161. 

II. Did EPA approve the application? 

The Agency approved the application 

after considering all required data on 

risks associated with the proposed use 

of N,N’Methylenebismorpholine, and 

information on social, economic, and 

environmental benefits to be derived 

from use. Specifically, the Agency has 

considered the nature of the chemical 

and its pattern of use, application 

methods and rates, and level and extent 

of potential exposure. Based on these 

reviews, the Agency was able to make 

basic health and safety determinations 

which show that use of N, 

N’Methylenebismorpholine when used 

in accordance with widespread and 

commonly recognized practice, will not 

generally cause unreasonable adverse 

effects to the environment. 

III. Approved Application 

EPA issued a notice, published in the 

Federal Register of June 10, 2009 (74 FR 

27541) (FRL–8413–2), which announced 

that Lubrizol, 29400 Lakeland 

Boulevard, Wickliffe, Ohio 44092–2298, 

had submitted an application to register 

the pesticide product, Contram ST–1, as 

an antimicrobial preservative to inhibit 

the growth of bacteria and fungi in 

metalworking, cutting, cooling and 

lubricating concentrates. (EPA File 

Symbol 52484–G). This product was not 

previously registered. 

The application was approved on 

November 2, 2011, as Contram ST–1 

(EPA Registration Number (52484–3) as 

a preservative to inhibit the growth of 

bacteria and fungi in metalworking, 

cutting, cooling and lubricating 

concentrates. 

List of Subjects 

Environmental protection, Chemicals, 

Pests and pesticides. 

Dated: January 24, 2012. 

Joan Harrigan-Ferrelly, 

Director, Antimicrobials Division, Office of 

Pesticide Programs. 

[FR Doc. 2012–2872 Filed 2–7–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9628–4] 

Notice of a Project Waiver of the Buy 

American Requirement of the 

American Recovery and Reinvestment 

Act of 2009 (ARRA) to the City of 

Austin, TX 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: The Regional Administrator 

of EPA Region 6 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 City of Austin (‘‘the City’’) for the 

purchase of ten (10) vertical linear 

motion mixers for the Clean Water State 

Revolving Fund (CWSRF) Hornsby Bend 

Biosolids Management Plant (BMP) 

Digester Improvement and 

Sustainability Project. The required 

vertical linear motion mixers are 

manufactured by foreign manufacturers 

and no United States manufacturer 

produces an alternative that meets the 

City’s technical specifications. This is a 

project specific waiver and only applies 

to the use of the specified product for 

the ARRA funded project being 

proposed. Any other ARRA project that 

may wish to use the same product must 

apply for a separate waiver based on the 

specific project circumstances. The 

Regional Administrator is making this 

determination based on the review and 

recommendations of the EPA Region 6, 

Water Quality Protection Division. The 

City has provided sufficient 

documentation to support its request. 

The Assistant Administrator of the 

EPA’s Office of Administration and 

Resources Management has concurred 


tkelley on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 26 / Wednesday, February 8, 2012 / Notices 6561 

on this decision to make an exception 

to Section 1605 of ARRA. This action 

permits the purchase of the selected 

vertical linear motion mixers not 

manufactured in America, for the 

proposed project being implemented by 

the City. 

DATES: Effective Date: January 12, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Nasim Jahan, Buy American 

Coordinator, (214) 665–7522, SRF & 

Projects Section, Water Quality 

Protection Division, U.S. EPA Region 6, 

1445 Ross Avenue Dallas, Texas 75202– 

2733. 

SUPPLEMENTARY INFORMATION: In 

accordance with ARRA Section 1605(c) 

and 1605(b)(2), 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 for the 

acquisition of selected vertical linear 

motion mixers. The City has been 

unable to find American made vertical 

linear motion mixers to meet its specific 

wastewater requirements. 

Section 1605 of ARRA requires that 

none of the appropriated funds may be 

used for the construction, alteration, 

maintenance, or repair of a public 

building or public work unless all of the 

iron, steel, and manufactured goods 

used in the project are produced in the 

United States unless a waiver is 

provided to the recipient by EPA. A 

waiver may be provided if EPA 

determines that: (1) Applying these 

requirements would be inconsistent 

with public interest; (2) iron, steel, and 

the relevant manufactured goods are not 

produced in the United States in 

sufficient and reasonably available 

quantities and of a satisfactory quality; 

or (3) inclusion of iron, steel, and the 

relevant manufactured goods produced 

in the United States will increase the 

cost of the overall project by more than 

25 percent. 

The City has noted that out of the ten 

(10) vertical linear motion mixers, two 

10 horse power (hp) mixers are required 

for the flow equalization tanks, four 20 

hp mixers for the thickened sludge 

tanks, and four 15 hp mixers for the 

anaerobic digesters. The City specified 

the linear mixers because of their camscotch-yoke mechanism and superior 

energy efficiency. The linear mixers are 

a proprietary technology and are only 

manufactured by Enersave, a Canadian 

manufacturer. The City has provided 

information to the EPA demonstrating 

that there are no Vertical linear motion 

mixers manufactured in the United 

States in sufficient and reasonable 

quantity and of a satisfactory quality to 

meet the required technical 

specification. 

Based on additional research 

conducted by EPA Region 6 there do not 

appear to be any American-made 

vertical linear motion mixers that would 

meet the City’s technical specifications. 

EPA’s national contractor prepared a 

technical assessment report based on 

the waiver request submittal, which 

confirmed the waiver applicant’s claim 

that there are no American-made 

vertical linear motion mixers available 

for use in the proposed waste water 

treatment system. 

EPA has also evaluated the City’s 

request to determine if its submission is 

considered late or if it could be 

considered timely, as per the OMB 

regulation 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, the waiver request was 

submitted after the contract date 

because of a delay in the process of the 

LMTM Mixer technology being 

purchased by the City’s supplier, Ovivo 

USA, LLC (‘‘Ovivo’’), f/k/a Eimco Water 

Technologies, from Enersave (the 

inventor), in order to obtain control of 

all technical drawings and manufacture 

the mixers in the United States. The 

vertical linear motion mixers have 

recently been patented by Enersave and 

Ovivo has purchased only the rights to 

use the technology in the municipal 

market in North America. Ovivo has 

been working with Enersave to allow 

the complete transfer of information to 

take place; however, the duration has 

taken longer than anticipated as the 

provided information has been found 

incomplete requiring detailed support 

and fabrication from the inventor. All 

linear motion mixers have been 

fabricated by the inventor (Enersave) to 

date, due to the detailed technical 

drawings not being in the control of 

Ovivo. The initial schedule of events 

planned to allow Ovivo to do the 

fabrication for the Hornsby Bend mixers 

in the United States, however, the delay 

in getting the necessary information 

prevented this from occurring. When 

Ovivo found that the schedule would 

not allow fabrication to occur in the 

United States the waiver was requested. 

In light of the unexpected delay in the 

purchase of the LMTM Mixer technology, 

EPA believes that the need for a waiver 

was not reasonably forseeable and thus 

will treat the City’s waiver request as if 

timely submitted. 

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 City has 

incorporated specific technical design 

requirements for installation of vertical 

linear motion mixers at its wastewater 

treatment plant. 

The purpose of the ARRA is to 

stimulate economic recovery in part by 

funding current infrastructure 

construction, not to delay projects that 

are ‘‘shovel ready’’ by requiring utilities, 

such as the City, to revise their 

standards and specifications, institute a 

new bidding process, and potentially 

choose a more costly, less efficient 

project. The imposition of ARRA Buy 

American requirements on such projects 

otherwise eligible for State Revolving 

Fund assistance would result in 

unreasonable delay and thus displace 

the ‘‘shovel ready’’ status for this 

project. To further delay construction is 

in direct conflict with a fundamental 

economic purpose of the ARRA, which 

is to create or retain jobs. 

The Region 6 Water Quality 

Protection Division has reviewed this 

waiver request, and has determined that 

the supporting documentation provided 

by the City is sufficient to meet the 

criteria listed under ARRA, Section 

1605(b), Office of Management and 

Budget (OMB) regulations at 2 CFR 

176.60—176.170, and in the April 28, 

2009, memorandum, ‘‘Implementation 

of Buy American provisions of Public 

Law 111–5, the American Recovery and 

Reinvestment Act of 2009.’’ The basis 

for this project waiver is the 

authorization provided in ARRA, 

Section 1605(b)(2). Due to the lack of 

production of this product in the United 

States in sufficient and reasonably 

available quantities and of a satisfactory 

quality in order to meet the City’s 


tkelley on DSK3SPTVN1PROD with NOTICES
6562 Federal Register / Vol. 77, No. 26 / Wednesday, February 8, 2012 / Notices 

technical specifications, a waiver from 

the Buy American requirement is 

justified. 

EPA headquarters’ March 31, 2009 

Delegation of Authority Memorandum 

provided Regional Administrators with 

the authority to issue exceptions to 

Section 1605 of 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 goods required 

for this project, and that these 

manufactured goods are not available 

from a producer in the United States, 

the City is hereby granted a waiver from 

the Buy American requirements of 

ARRA, Section 1605(a) of Public Law 

111–5 for the purchase of the selected 

10 vertical linear motion mixers, using 

ARRA funds, as specified in the City’s 

request. This supplementary 

information constitutes the detailed 

written justification required by ARRA, 

Section 1605(c), for waivers ‘‘based on 

a finding under subsection (b).’’ 

Authority: Public Law 111–5, section 1605. 

Issued on: Dated: January 12, 2012. 

Al Armendariz, 

Regional Administrator, U.S. Environmental 

Protection Agency, Region 6. 

[FR Doc. 2012–2904 Filed 2–7–12; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2011–0553; FRL–9334–1] 

Notice of Receipt of Requests for 

Amendments To Delete Uses in 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 request for 

amendments by registrants to delete 

uses in certain pesticide registrations. 

Section 6(f)(1) of FIFRA provides that a 

registrant of a pesticide product may at 

any time request that any of its pesticide 

registrations be amended to delete one 

or more uses. FIFRA further provides 

that, before acting on the request, EPA 

must publish a notice of receipt of any 

request in the Federal Register. 

DATES: The deletions are effective 

August 6, 2012, unless the Agency 

receives a written withdrawal request 

on or before August 6, 2012. The 

Agency will consider a withdrawal 

request postmarked no later than August 

6, 2012. 

Users of these products who desire 

continued use on crops or sites being 

deleted should contact the applicable 

registrant on or before August 6, 2012. 

ADDRESSES: Submit your withdrawal 

request, identified by docket 

identification (ID) number EPA–HQ– 

OPP–2011–0553, by one of the 

following methods: 

• Mail: Office of Pesticide Programs 

(OPP) Regulatory Public Docket (7502P), 

Environmental Protection Agency, 1200 

Pennsylvania Ave. NW., Washington, 

DC 20460–0001. 

• Delivery: OPP Regulatory Public 

Docket (7502P), Environmental 

Protection Agency, Rm. S–4400, One 

Potomac Yard (South Bldg.), 2777 S. 

Crystal Dr., Arlington, VA. Deliveries 

are only accepted during the Docket 

Facility’s normal hours of operation 

(8:30 a.m. to 4 p.m., Monday through 

Friday, excluding legal holidays). 

Special arrangements should be made 

for deliveries of boxed information. The 

Docket Facility telephone number is 

(703) 305–5805. 

FOR FURTHER INFORMATION CONTACT: 

Christopher Green, Office of Pesticide 

Programs, Environmental Protection 

Agency, 1200 Pennsylvania Ave. NW., 

Washington, DC 20460–0001; telephone 

number: (703) 347–0367; email address: 

green.christopher@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this action apply to me? 

This action is directed to the public 

in general. Although, this action may be 

of particular interest to persons who 

produce or use pesticides, 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 information in this notice, 

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 ID number EPA– 

HQ–OPP–2011–0553. 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. What action is the Agency taking? 

This notice announces receipt by the 

Agency of applications from registrants 

to delete uses in certain pesticide 

registrations. These registrations are 

listed in Table 1 of this unit by 

registration number, product name, 

active ingredient, and specific uses 

deleted: 

TABLE 1—REQUESTS FOR AMENDMENTS TO DELETE USES IN CERTAIN PESTICIDE REGISTRATIONS

EPA Registration No. Product name Active ingredient Delete from label 

264–437 ........................................ Buctril Herbicide ............................ Bromoxynil .................................... BXN Cotton. 

264–540 ........................................ Buctril Herbicide ............................ Bromoxynil .................................... BXN Cotton. 


tkelley on DSK3SPTVN1PROD with NOTICES