Federal Register / Vol. 75, No. 26 / Tuesday, February 9, 2010 / Notices 6387 

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 website 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: 

BeWanda Alexander, Registration 

Division (7505P), Office of Pesticide 

Programs, Environmental Protection 

Agency, 1200 Pennsylvania Ave., NW., 

Washington, DC 20460–0001; telephone 

number: (703) 305–7460; e-mail address: 

alexander.bewanda@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 

active ingredients 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: 1007–OL. Applicant: 

Pfizer, Inc., 7000 Portage Rd., KZO 300– 

403 SW., Kalamazoo, MI 49001. Product 

name: Demiditraz Technical. Active 

ingredient: Insecticide and Demiditraz 

at 100%. Proposed classification/Use: 

None. 

2. File Symbol: 1007–OA. Applicant: 

Pfizer, Inc., 7000 Portage Rd., KZO 300– 

403 SW., Kalamazoo, MI 49001. Product 

name: CA Acaricide. Active ingredient: 

Insecticide and Demiditraz at 17.5%. 

Proposed classification/Use: Spot on 

treatment for dogs. 

List of Subjects 

Environmental protection, Pesticides 

and pest. 

Dated: January 28, 2010. 

Lois Rossi, 

Director, Registration Division, Office of 

Pesticide Programs. 

[FR Doc. 2010–2826 Filed 2–8–10; 8:45 am] 

BILLING CODE 6560–50–S 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9112–4] 

Notice of a Regional Project Waiver of 

Section 1605 (Buy American) of the 

American Recovery and Reinvestment 

Act of 2009 (ARRA) to the Town of 

Troy, VT 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 


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6388 Federal Register / Vol. 75, No. 26 / Tuesday, February 9, 2010 / Notices 

SUMMARY: The EPA is hereby granting a 

waiver of the Buy America 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 Town of 

Troy, Vermont (‘‘Town’’) for the 

purchase of foreign manufactured 

butterfly valves and actuators for an 

arsenic and manganese removal water 

treatment installation project. 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 

information submitted by the Town and 

its consulting engineer, it has been 

determined that there are currently no 

domestic manufactured butterfly valves 

and actuators available to meet its 

proposed specialized needs and project 

schedule. The Regional Administrator is 

making this determination based on the 

review and recommendations of the 

Municipal Assistance Unit. 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 foreign 

manufactured butterfly valves and 

actuators by the Town, as specified in 

its November 19, 2009 request. 

DATES: Effective Date: January 29, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Katie Connors, Environmental Engineer, 

(617) 918–1764, or David Chin, 

Environmental Engineer, (617) 918– 

1658, Municipal Assistance Unit (CMU), 

Office of Ecosystem Protection (OEP), 

U.S. EPA, 5 Post Office Square, Suite 

100, Boston, MA 02109–3912. 

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(b)(2) of 

Public Law 111–5, Buy American 

requirements, to the Town for the 

purchase of non-domestic manufactured 

butterfly valve and actuators to meet the 

Town’s project schedule to install an for 

arsenic and manganese water treatment 

system. 

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 the 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 Town of Troy, Vermont (‘‘Town’’) 

is receiving funding from the VT ARRA 

Drinking Water State Revolving Fund 

(DWSRF) to install a water treatment 

facility for arsenic and manganese 

removal, as well as water meters in the 

distribution system. The treatment 

system is a skid mounted, preassembled 

and prewired arsenic and manganese 

removal system from a U.S. 

manufacturer. The components of the 

filtration system are manufactured in 

the U.S. with the exception of the 

system’s electrically actuated butterfly 

valves which are manufactured by 

Value Valve in Taiwan. The Town is 

requesting a waiver for these foreign 

manufactured valves and actuators 

which are standard components 

provided on the selected U.S. 

manufacturer’s filtration treatment 

systems. 

The waiver is being requested after 

bid solicitation has been completed and 

construction has begun. The late request 

was due to unavailability of a domestic 

company able to provide the specialized 

valves and actuators according to the 

project schedule. The Town is under an 

enforcement action deadline by the 

State of Vermont to install and operate 

an arsenic removal system by April 30, 

2010. 

The Town contacted several domestic 

manufacturers of butterfly valve and 

actuators and although some of them 

could provide the products within the 

project specifications, they could not do 

so within the established project 

schedule. In order to adhere to the April 

30, 2010 regulatory deadline, the skid 

system must be delivered to the 

construction site by December 2009. 

The domestic manufacturers could not 

produce the specialized valves and 

actuators needed for incorporation into 

the system within the time required. 

The filter system, including the valves 

and actuators, is assembled in California 

and will be freighted across the country 

to Troy, VT. Delaying the components 

several weeks would put their 

availability to the manufacturer at mid 

December to early January, depending 

on the domestic supplier. To wait for 

domestically available valves and 

actuators and allowing for the time 

necessary to assemble and test the 

complete system would have pushed 

delivery of the system to the end of 

January. The delay would result in the 

Town of Troy possibly violating its 

regulatory compliance schedule. 

An evaluation of all of the supporting 

documentation by EPA’s national 

contractor, including results of research 

and communication with manufacturers 

of valves and actuators, supports and 

confirms the Town’s claim that there are 

currently no domestic manufacturers 

that can provide specialized butterfly 

valves and actuators to meet the preestablished compliance schedule. 

The consulting engineer for the Town 

identified three domestic manufacturers 

in the United States. The three 

companies could provide the valves and 

actuators. However, the shortest 

delivery time available was 6–8 weeks, 

with one of the companies estimating 

the delivery period to be 10–12 weeks. 

The supporting information for this 

proposed project includes contacts with 

valve and actuator manufacturers, 

telephone calls, and e-mail 

correspondence with domestic 

manufacturers. An independent review 

of the submitted documentation by 

EPA’s national contractor confirmed 

this documentation. 

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 

Town of Troy, VT, to possibly violate 

the established compliance schedule. 

The imposition of ARRA Buy American 

requirements in this case would result 

in unreasonable delay for this 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 

in the proper form or specification as 

specified in the project plans and 

design.’’ 

The Municipal Assistance Unit (CMU) 

has reviewed this waiver request and 

has determined that the supporting 

documentation provided by the Town 


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Federal Register / Vol. 75, No. 26 / Tuesday, February 9, 2010 / Notices 6389 

establishes both a proper basis to 

specify a particular manufactured good, 

and that the domestic manufactured 

good that is currently available cannot 

be delivered in the necessary timeframe 

for the proposed project. 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 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 good 

required for this project and that this 

manufactured good was not available 

from a producer in the United States in 

the necessary timeframe, the Town of 

Troy, Vermont 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 

non-domestic manufactured butterfly 

valves and actuators documented in 

Town’s waiver request submitted to the 

EPA on November 19, 2009. 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 29, 2010. 

Ira Leighton, 

Acting Regional Administrator, EPA Region 

1—New England. 

[FR Doc. 2010–2810 Filed 2–8–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9112–5] 

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 

Gloucester, MA 

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 Gloucester, Massachusetts 

(‘‘City’’) for the purchase of foreign 

manufactured rotary sludge dewatering 

presses. 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. The City’s proposed 

wastewater treatment facility 

improvements will include replacement 

of the existing belt filter press for sludge 

generated at the plant. Based upon 

information submitted by the City and 

its consultants, it was determined that 

two 6-channel rotary press sludge 

dewatering units, manufactured by 

Fournier Industries of Quebec, Canada, 

will meet the City’s design and 

performance specifications. The 

Regional Administrator is making this 

determination based on the review and 

recommendations of the Municipal 

Assistance Unit. The City, through its 

consulting engineers, has provided 

sufficient documentation to support 

their 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 two, six channel 

rotary press sludge dewatering units, 

manufactured by Fournier Industries, by 

the City, as specified in its September 

28, 2009 request, as part of the 

improvements to the wastewater 

treatment facility. 

DATES: Effective Date: January 29, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Mark Spinale, Environmental Engineer, 

(617) 918–1547, or Katie Connors, 

Environmental Engineer, (617) 918– 

1658, Municipal Assistance Unit (CMU), 

Office of Ecosystem Protection (OEP), 

U.S. EPA, One Congress Street, CMU, 

Boston, MA 02114. 

SUPPLEMENTARY INFORMATION: In 

accordance with ARRA Sections 1605(c) 

and 1605(b)(2), the EPA hereby provides 

notice that it is granting a project waiver 

of the requirements of Sections 1605(a) 

of Public Law 111–5, Buy American 

requirements, to the City of Gloucester, 

(‘‘City’’), Massachusetts for the purchase 

of two, six channel rotary press sludge 

dewatering units, manufactured by 

Fournier Industries of Quebec, Canada. 

It has been determined that these rotary 

presses meet the City’s technical 

specifications for design and 

performance of a sludge dewatering unit 

as part of its wastewater treatment plant 

improvement project. Based on the 

information provided by the applicant, 

there are no domestically manufactured 

rotary sludge presses that at this time 

meet the specific design criteria 

established for this unit in the City’s 

project. 

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 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 public the 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 wastewater treatment facility for 

the City is a primary treatment plant 

designed to handle an annual average 

flow of 7.24 million gallons per day. 

The plant began operations in 1984, and 

in the early 1990’s the facility was 

modified to provide an ocean outfall 

extension as well as odor control and 

disinfection improvements. Plant 

improvements again occurred in the 

mid-2000’s with the replacement of 

various pumps and sludge removal 

mechanisms. However, no other 

significant expansions or upgrades have 

occurred during the 25 years of 

operations. 

Most of the equipment at the 

treatment facility is original equipment 

that has largely reached or exceeded its 

expected service life. The City is now 

replacing major components of the 

facility through a phased program of 

equipment replacement and facility 

refurbishment. Included in the first 

phase of the facility-wide improvements 

is the installation of a new rotary sludge 

dewatering unit to replace the existing 

belt filter press. The City is requesting 

a waiver from the Buy American 

Provisions for the purchase of two 

foreign made rotary press sludge 

dewatering units manufactured by 

Fournier Industries (Quebec, Canada). 

The key selection criteria established 

by the City and its consulting engineers 

for the sludge dewatering equipment 

include: 


Cprice-sewell on DSK2BSOYB1PROD with NOTICES