19954 Federal Register / Vol. 74, No. 82 / Thursday, April 30, 2009 / Notices 

Docket Numbers: ER09–1027–000. 

Applicants: New York Independent 

System Operator, Inc. 

Description: New York Independent 

Systems Operator, Inc. submits for 

acceptance Seventh Revised Sheet 3 et 

al. to its FERC Electric Tariff, Original 

Volume 1. 

Filed Date: 04/22/2009. 

Accession Number: 20090423–0032. 

Comment Date: 5 p.m. Eastern Time 

on Wednesday, May 13, 2009. 

Any person desiring to intervene or to 

protest in any of the above proceedings 

must file in accordance with Rules 211 

and 214 of the Commission’s Rules of 

Practice and Procedure (18 CFR 385.211 

and 385.214) on or before 5 p.m. Eastern 

time on the specified comment date. It 

is not necessary to separately intervene 

again in a subdocket related to a 

compliance filing if you have previously 

intervened in the same docket. Protests 

will be considered by the Commission 

in determining the appropriate action to 

be taken, but will not serve to make 

protestants parties to the proceeding. 

Anyone filing a motion to intervene or 

protest must serve a copy of that 

document on the Applicant. In reference 

to filings initiating a new proceeding, 

interventions or protests submitted on 

or before the comment deadline need 

not be served on persons other than the 

Applicant. 

The Commission encourages 

electronic submission of protests and 

interventions in lieu of paper, using the 

FERC Online links at http:// 

www.ferc.gov. To facilitate electronic 

service, persons with Internet access 

who will eFile a document and/or be 

listed as a contact for an intervenor 

must create and validate an 

eRegistration account using the 

eRegistration link. Select the eFiling 

link to log on and submit the 

intervention or protest. 

Persons unable to file electronically 

should submit an original and 14 copies 

of the intervention or protest to the 

Federal Energy Regulatory Commission, 

888 First St. NE., Washington, DC 

20426. 

The filings in the above proceedings 

are accessible in the Commission’s 

eLibrary system by clicking on the 

appropriate link in the above list. They 

are also available for review in the 

Commission’s Public Reference Room in 

Washington, DC. There is an 

eSubscription link on the Web site that 

enables subscribers to receive e-mail 

notification when a document is added 

to a subscribed dockets(s). For 

assistance with any FERC Online 

service, please e-mail 

FERCOnlineSupport@ferc.gov. or call 

(866) 208–3676 (toll free). For TTY, call 

(202) 502–8659. 

Nathaniel J. Davis, Sr., 

Deputy Secretary. 

[FR Doc. E9–9891 Filed 4–29–09; 8:45 am] 

BILLING CODE 6717–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–8899–1] 

American Recovery and Reinvestment 

Act of 2009 (Recovery Act) Addendum 

to Supplemental Funding for 

Brownfields Revolving Loan Fund 

(RLF) Grantees 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: EPA published a notice on 

April 10, 2009 regarding plans to make 

available approximately $40 million in 

Recovery Act funding to supplement 

Revolving Loan Fund capitalization 

grants previously awarded 

competitively under section 104(k)(3) of 

the Comprehensive Environmental 

Response, Compensation and Liability 

Act (CERCLA). The purpose of this 

notice is to notify eligible RLF grantees 

that Supplemental Funding for 

Brownfields RLF grantees provided 

under the April 10, 2009 notice will be 

subject to the Buy American provisions 

for activities defined as infrastructure by 

the Agency. 

DATES: This action is effective April 30, 

2009. 

FOR FURTHER INFORMATION CONTACT: Debi 

Morey, U.S. EPA, Office of Solid Waste 

and Emergency Response, Office of 

Brownfields and Land Revitalization, 

(202) 566–2735 or the appropriate 

Brownfields Regional Contact. 

SUPPLEMENTARY INFORMATION: 

Background 

On February 17, 2009, President 

Barack Obama signed the American 

Recovery and Reinvestment Act of 2009 

(Pub. L. No. 111–05) (Recovery Act). 

EPA received $100 million in Recovery 

Act appropriations for the CERCLA 

104(k) Brownfields Program of which 

25% must be used at brownfields sites 

contaminated with petroleum. The 

Agency has allocated approximately $40 

million of Recovery Act funds for 

supplemental funding of current RLF 

grantees as authorized by CERCLA 

104(k)(4). 

Title XVI, section 1605 of the 

Recovery Act, (‘‘Buy American’’) 

prohibits the use of Recovery Act funds 

for projects involving ‘‘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 certain 

specified exceptions apply. OMB has 

issued regulations at Subpart B of 2 CFR 

Part 276 implementing the Recovery Act 

Buy American provision. It is possible 

that a limited amount of RLF 

supplemental funding will be used 

directly by non-federal governmental 

entity borrowers or subgrantees for 

projects that have a principal purpose of 

installing concrete or asphalt (or similar 

material) caps to remediate 

contamination on brownfields on a 

public building or public work, as 

defined at 2 CFR 176.140(a), or 

constructing alternative drinking water 

systems as part of the remedy at a 

brownfields site. These caps constitute 

an engineering control to enclose and 

protect contamination from migration 

and the risk of exposure. Construction 

of alternate drinking water systems by a 

non-federal governmental entity with 

RLF supplemental funding would be a 

public work under 2 CFR 176.140(a). 

EPA considers loans and subgrants that 

have a principal purpose of carrying out 

of these types of activities to be 

infrastructure investments for the 

purposes of the certification and 

reporting requirements of Title XV, 

sections 1511 and 1512 of the Recovery 

Act and implementing regulations at 2 

CFR 176.50. If an RLF grantee is 

requesting supplemental funding for a 

project which requires a Buy American 

Act determination (i.e., a cap that will 

be directly incorporated into a public 

building or public work) and the grantee 

intends to use other than American 

steel, iron or manufactured goods, the 

grantee must request an advance 

determination or provide the necessary 

information in their request for RLF 

supplemental funding. 

Please note that in accordance with 2 

CFR 176.140(a), remediation activities 

conducted with RLF supplemental 

funds by private sector developers, nonprofit organizations (except multi-State, 

regional or interstate entities which 

have governmental functions) or other 

non-governmental borrowers or 

subgrantees, and tribes are not public 

buildings or public works for the 

purposes of the Buy American provision 

of the Recovery Act as implemented at 

Subpart B of 2 CFR Part 176. EPA does 

not consider remediation activities 

conducted with RLF supplemental 

funds by private sector developers, nonprofit organizations (except multi-State, 

regional or interstate entities which 

Federal Register / Vol. 74, No. 82 / Thursday, April 30, 2009 / Notices 19955 

have governmental functions) or other 

non-governmental borrowers or 

subgrantees to be infrastructure 

investments for the purposes of the 

certification and reporting requirements. 

Required Use of American Iron, Steel, 

and Manufactured Goods—Section 

1605 of the American Recovery and 

Reinvestment Act of 2009 

(a) Definitions. ‘‘Manufactured good,’’ 

‘‘public building and public work,’’ and 

‘‘steel,’’ as used in this notice, are 

defined in the 2 CFR 176.140. 

(b) Requests for determinations of 

inapplicability. A prospective applicant 

requesting a determination regarding the 

inapplicability of section 1605 of the 

Recovery Act should submit the request 

to the award official in time to allow a 

determination before submission of 

applications or proposals. The 

prospective applicant shall include the 

information and applicable supporting 

data required by paragraphs (c) and (d) 

of the award term and condition at 2 

CFR 176.140 in the request. If an 

applicant has not requested a 

determination regarding the 

inapplicability of 1605 of the Recovery 

Act before submitting its application or 

proposal, or has not received a response 

to a previous request, the applicant shall 

include the information and supporting 

data in the application or proposal. 

(c) Evaluation of project proposals. 

If the Federal government determines 

that an exception based on unreasonable 

cost of domestic iron, steel, and/or 

manufactured goods applies, the Federal 

Government will evaluate a project 

requesting exception to the 

requirements of section 1605 of the 

Recovery Act by adding to the estimated 

total cost of the project 25 percent of the 

project cost, if foreign iron, steel, or 

manufactured goods are used in the 

project based on unreasonable cost of 

comparable manufactured domestic 

iron, steel, and/or manufactured goods. 

(d) Alternate project proposals. 

(1) When a project proposal includes 

foreign iron, steel, and/or manufactured 

goods not listed by the Federal 

Government at paragraph (b)(2) of the 

award term and condition at 2 CFR 

176.140, the applicant also may submit 

an alternate proposal based on use of 

equivalent domestic iron, steel, and/or 

manufactured goods. 

(2) If an alternate proposal is 

submitted, the applicant shall submit a 

separate cost comparison table prepared 

in accordance with paragraphs (c) and 

(d) of the award term and condition at 

2 CFR 176.140 for the proposal that is 

based on the use of any foreign iron, 

steel, and/or manufactured goods for 

which the Federal Government has not 

yet determined an exception applies. 

(3) If the Federal government 

determines that a particular exception 

requested in accordance with paragraph 

(b) of the award term and condition at 

2 CFR 176.140 does not apply, the 

Federal Government will evaluate only 

those proposals based on use of the 

equivalent domestic iron, steel, and/or 

manufactured goods, and the applicant 

shall be required to furnish such 

domestic items. 

Notice of Required Use of American 

Iron, Steel, and Manufactured Goods 

(Covered Under International 

Agreements)—Section 1605 of the 

American Recovery and Reinvestment 

Act of 2009 

(a) Definitions. ‘‘Designated country 

iron, steel, and/or manufactured goods,’’ 

‘‘foreign iron, steel, and/or 

manufactured good,’’ ‘‘manufactured 

good,’’ ‘‘public building and public 

work,’’ and ‘‘steel,’’ as used in this 

provision, are defined in 2 CFR 

176.160(a). 

(b) Requests for determinations of 

inapplicability. A prospective applicant 

requesting a determination regarding the 

inapplicability of section 1605 of the 

Recovery Act should submit the request 

to the award official in time to allow a 

determination before submission of 

applications or proposals. The 

prospective applicant shall include the 

information and applicable supporting 

data required by paragraphs (c) and (d) 

of the award term and condition at 2 

CFR 176.160 in the request. If an 

applicant has not requested a 

determination regarding the 

inapplicability of 1605 of the Recovery 

Act before submitting its application or 

proposal, or has not received a response 

to a previous request, the applicant shall 

include the information and supporting 

data in the application or proposal. 

(c) Evaluation of project proposals. 

If the Federal government determines 

that an exception based on unreasonable 

cost of domestic iron, steel, and/or 

manufactured goods applies, the Federal 

Government will evaluate a project 

requesting exception to the 

requirements of section 1605 of the 

Recovery Act by adding to the estimated 

total cost of the project 25 percent of the 

project cost if foreign iron, steel, or 

manufactured goods are used based on 

unreasonable cost of comparable 

domestic iron, steel, or manufactured 

goods. 

(d) Alternate project proposals. 

(1) When a project proposal includes 

foreign iron, steel, and/or manufactured 

goods, other than designated country 

iron, steel, and/or manufactured goods, 

that are not listed by the Federal 

Government in this Buy American 

notice in the request for applications or 

proposals, the applicant may submit an 

alternate proposal based on use of 

equivalent domestic or designated 

country iron, steel, and/or manufactured 

goods. 

(2) If an alternate proposal is 

submitted, the applicant shall submit a 

separate cost comparison table prepared 

in accordance with paragraphs (c) and 

(d) of the award term and condition at 

2 CFR 176.160 for the proposal that is 

based on the use of any foreign iron, 

steel, and/or manufactured goods for 

which the Federal Government has not 

yet determined an exception applies. 

(3) If the Federal government 

determines that a particular exception 

requested in accordance with paragraph 

(b) of the award term and condition at 

2 CFR 176.160 does not apply, the 

Federal Government will evaluate only 

those proposals based on use of the 

equivalent domestic or designated 

country iron, steel, and/or manufactured 

goods, and the applicant shall be 

required to furnish such domestic or 

designated country items. 

Statutory and Executive Order 

Reviews: Under Executive Order 12866 

(58 FR 51735, October 4, 1993), this 

action is not a ‘‘significant regulatory 

action’’ and is therefore not subject to 

OMB review. Because this grant action 

is not subject to notice and comment 

requirements under the Administrative 

Procedures Act or any other statute, it 

is not subject to the Regulatory 

Flexibility Act (5 U.S.C. 601 et seq.) or 

Sections 202 and 205 of the Unfunded 

Mandates Reform Act of 1999 (UMRA) 

(Pub. L. 104–4). In addition, this action 

does not significantly or uniquely affect 

small governments. Although this action 

does not generally create new binding 

legal requirements, where it does, such 

requirements do not substantially and 

directly affect Tribes under Executive 

Order 13175 (63 FR 67249, November 9, 

2000). Although this grant action does 

not have significant Federalism 

implications under Executive Order 

13132 (64 FR 43255, August 10, 1999), 

EPA consulted with states in the 

development of these grant guidelines. 

This action is not subject to Executive 

Order 13211, ‘‘Actions Concerning 

Regulations that Significantly Affect 

Energy Supply, Distribution, or Use’’ (66 

FR 28355, May 22, 2001), because it is 

not a significant regulatory action under 

Executive Order 12866. This action does 

not involve technical standards; thus, 

the requirements of Section 12(d) of the 

National Technology Transfer and 

Advancement Act of 1995 (15 U.S.C. 

272 note) do not apply. This action does 

19956 Federal Register / Vol. 74, No. 82 / Thursday, April 30, 2009 / Notices 

not impose an information collection 

burden under the provisions of the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501 et seq.). The Congressional 

Review Act, 5 U.S.C. 801 et seq., 

generally provides that before certain 

actions may take effect, the agency 

promulgating the action must submit a 

report, which includes a copy of the 

action, to each House of the Congress 

and to the Comptroller General of the 

United States. Since this grant action, 

when finalized, will contain legally 

binding requirements, it is subject to the 

Congressional Review Act, and EPA will 

submit its final action in its report to 

Congress under the Act. 

Dated: April 24, 2009. 

Myra Blakely, 

Acting Director, Office of Brownfields and 

Land Revitalization, Office of Solid Waste 

and Emergency Response. 

[FR Doc. E9–9964 Filed 4–29–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–OPP–2008–0401; FRL–8409–5] 

Pesticide Product Registrations; 

Conditional Approval 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: This notice announces 

Agency approval of applications 

submitted by Syngenta Seeds, 

Incorporated – Field Crops – NAFTA, to 

conditionally register the pesticide 

products, MIR162 Maize, Bt11 x MIR162 

Corn, and Bt11 x MIR162 x MIR604 

Corn, containing a new active ingredient 

not included in any previously 

registered products pursuant to the 

provisions of section 3(c)(7)(C) of the 

Federal Insecticide, Fungicide, and 

Rodenticide Act (FIFRA), as amended. 

FOR FURTHER INFORMATION CONTACT: 

Jeannine Kausch, Biopesticides and 

Pollution Prevention Division (7511P), 

Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 347–8920; e-mail address: 

kausch.jeannine@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. How Can I Get Copies of this 

Document and Other Related 

Information? 

1. Docket. EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPP–2008–0401. 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. 

Electronic versions of the fact sheet 

and Biopesticide Regulatory Action 

Document are available at http:// 

www.epa.gov/oppbppd1/biopesticides/ 

pips/pip_list.htm. 

2. Electronic access. You may access 

this Federal Register document 

electronically through the EPA Internet 

under the ‘‘Federal Register’’ listings at 

http://www.epa.gov/fedrgstr. 

II. Did EPA Conditionally Approve the 

Application? 

A conditional registration may be 

granted under section 3(c)(7)(C) of 

FIFRA for a new active ingredient where 

certain data are lacking, on condition 

that such data are received by the end 

of the conditional registration period 

and do not meet or exceed the risk 

criteria set forth in 40 CFR 154.7; that 

use of the pesticide during the 

conditional registration period will not 

cause unreasonable adverse effects; and 

that use of the pesticide is in the public 

interest. The Agency has considered the 

available data on the risks associated 

with the proposed use of Bacillus 

thuringiensis Vip3Aa20 insecticidal 

protein and the genetic material for its 

production (via elements of vector 

pNOV1300) in Event MIR162 maize 

(OECD Unique Identifier SYN-IR162-4), 

and information on social, economic, 

and environmental benefits to be 

derived from such use. Specifically, the 

Agency has considered the nature 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 Bacillus 

thuringiensis Vip3Aa20 insecticidal 

protein and the genetic material for its 

production (via elements of vector 

pNOV1300) in Event MIR162 maize 

(OECD Unique Identifier SYN-IR162-4) 

during the period of conditional 

registration will not cause any 

unreasonable adverse effect on the 

environment, and that use of the 

pesticide is, in the public interest. 

Consistent with section 3(c)(7)(C) of 

FIFRA, the Agency has determined that 

these conditional registrations are in the 

public interest. Use of the pesticides are 

of significance to the user community, 

and appropriate labeling, use directions, 

and other measures have been taken to 

ensure that use of the pesticides will not 

result in unreasonable adverse effects to 

man and the environment. 

III. Conditional Approval 

EPA issued a notice, published in the 

Federal Register of July 23, 2008 (73 FR 

42799) (FRL–8365–4), which announced 

that Syngenta Seeds, Incorporated – 

Field Crops – NAFTA, P.O. Box 12257, 

3054 Cornwallis Road, Research 

Triangle Park, NC 27709–2257, had 

submitted applications to conditionally 

register the pesticide products, MIR162 

Maize, Bt11 x MIR162 Corn, and Bt11 x 

MIR162 x MIR604 Corn, PlantVerDate Nov<24>2008 15:35 Apr 29, 2009 Jkt 217001 PO 00000 Frm 00028 Fmt 4703 Sfmt 4703 E:\FR\FM\30APN1.SGM 30APN1