37350 Federal Register / Vol. 76, No. 123 / Monday, June 27, 2011 / Notices 

Estimated Number of Respondents: 

101. 

Frequency of Response: Initially, onoccasion and annually. 

Estimated Total Annual Hour Burden: 

39,385. 

Estimated Total Annual Cost: 

$2,512,947, which includes $2,512,947 

in labor costs, no capital/startup costs, 

and no operation and maintenance 

(O&M) costs. 

Changes in the Estimates: There is no 

change in the labor hours or cost in the 

ICR compared to the previous ICR. This 

is due to two considerations: (1) The 

regulations have not changed over the 

past three years and are not anticipated 

to change over the next three years; and 

(2) the growth rate for the industry is 

very low, negative or non-existent. 

Therefore, the labor hours and cost 

figures in the previous ICR reflect the 

current burden to the respondents and 

are reiterated in this ICR. 

Dated: June 21, 2011. 

John Moses, 

Director, Collection Strategies Division. 

[FR Doc. 2011–16032 Filed 6–24–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–R07–OW–2011–0540; FRL–9324–5] 

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 

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 several foreign 

manufactured components of heating/ 

ventilation/air conditioning systems 

(HVAC Systems) in Columbia, Missouri. 

This HVAC system consists of three (3) 

heat pumps and the associated packaged 

air handlers and one (1) air conditioning 

system condensing unit. The system is 

manufactured by Trane Commercial 

Systems in Monterrey, Mexico. 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 HVAC 

systems, a list of potential 

manufacturers and project schedule 

submitted by the City and its consulting 

engineer, it has been determined that 

there are currently no domestically 

manufactured HVAC systems 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 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 the Trane 

Commercial Systems foreign 

manufactured HVAC systems. The City 

of Columbia, MO has provided 

sufficient documentation to support 

their waiver request. 

DATES: Effective Date: June 27, 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 nondomestically manufactured Trane 

HVAC systems consisting of three (3) 

heat pumps and the associated packaged 

air handlers and one (1) air conditioning 

system condensing unit, 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) Phase 1 Improvement 

Project that includes the use of nondomestically manufactured Trane 

HVAC systems. The new HVAC systems 

to be installed in the WWTF provides 

adequate indoor air quality by 

conditioning the air in the occupied 

space, diluting and removing 

contaminants from indoor air while 

providing proper pressurization. Project 

specifications for a density analyzer 

require the following to meet the design 

and performance criteria: 

(1) Each component of the HVAC 

system must be compatible with all 

other parts of the system; 

(2) Where two (2) or more units of the 

same class of equipment are required, 

they shall be the product of the same 

manufacturer. 

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 Heating/Ventilation/Air 

Conditioning (HVAC) systems are 

manufactured non-domestically by the 

Trance Commercial Systems located in 

Monterrey, Mexico. All supporting 

documentation and independent 

research and communication with 

manufacturers of HVAC systems 

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 HVAC systems, which can 

meet the specifications, 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 

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Federal Register / Vol. 76, No. 123 / Monday, June 27, 2011 / Notices 37351 

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. 

In this case, there are no U.S. 

manufacturers that meet Columbia, 

MO’s project specification for the HVAC 

systems. The waiver request was not 

made prior to the contract being signed 

because initially the manufacturer said 

their product was manufactured in the 

U.S. Trane Commercial Systems has 

since moved manufacturing of some 

products to Monterrey, Mexico. In light 

of the unexpected change in the 

manufacturing location, the City could 

not have reasonably foreseen the need at 

the time of contract award to submit a 

waiver request. EPA will therefore 

consider Columbia, MO’s waiver 

request, an unforeseeable late request, as 

though it had been timely made. 

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 HVAC systems 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 

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 Trane 

Commercial Systems Heating/ 

Ventilation/Air Conditioning Systems 

documented in City’s waiver request 

submittal dated February 18, 2011. 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: June 14, 2011. 

Karl Brooks, 

Regional Administrator, Region 7. 

[FR Doc. 2011–16048 Filed 6–24–11; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

Information Collection Being Reviewed 

by the Federal Communications 

Commission Under Delegated 

Authority 

AGENCY: Federal Communications 

Commission. 

ACTION: Notice and request for 

comments. 

SUMMARY: The Federal Communications 

Commission (FCC), as part of its 

continuing effort to reduce paperwork 

burdens, invites the general public and 

other Federal agencies to take this 

opportunity to comment on the 

following information collection, as 

required by the Paperwork Reduction 

Act (PRA) of 1995. Comments are 

requested concerning (a) Whether the 

proposed collection of information is 

necessary for the proper performance of 

the functions of the Commission, 

including whether the information shall 

have practical utility; (b) the accuracy of 

the Commission’s burden estimate; (c) 

ways to enhance the quality, utility, and 

clarity of the information collected; 

(d) ways to minimize the burden of the 

collection of information on the 

respondents, including the use of 

automated collection techniques or 

other forms of information technology; 

and (e) ways to further reduce the 

information collection burden on small 

business concerns with fewer than 25 

employees. 

The FCC may not conduct or sponsor 

a collection of information unless it 

displays a currently valid control 

number. No person shall be subject to 

any penalty for failing to comply with 

a collection of information subject to the 

PRA that does not display a valid Office 

of Management and Budget (OMB) 

control number. 

DATES: Written PRA comments should 

be submitted on or before August 26, 

2011. If you anticipate that you will be 

submitting comments but find it 

difficult to do so within the period of 

time allowed by this notice, you should 

advise the contact listed below as soon 

as possible. 

ADDRESSES: Direct all PRA comments to 

the Federal Communications 

Commission via e-mail to PRA@fcc.gov 

and Cathy.Williams@fcc.gov. 

FOR FURTHER INFORMATION CONTACT: For 

additional information about the 

information collection, contact Cathy 

Williams at (202) 418–2918. 

SUPPLEMENTARY INFORMATION: 

OMB Control No.: 3060–0325. 

Title: Section 80.605, U.S. Coast 

Guard Coordination. 

Form No.: N/A. 

Type of Review: Extension of a 

currently approved collection. 

Respondents: Business or other forprofit. 

Number of Respondents and 

Responses: 10 respondents and 10 

responses. 

Estimated Time per Response: 1.1 

hours. 

Frequency of Response: On occasion 

reporting requirement. 

Obligation To Respond: Required to 

obtain or retain benefits. The statutory 

authority for this collection of 

information is contained in Sections 4, 

303, 307(e), 309, and 332, 48 Stat. 1066, 

as amended; 47 U.S.C. 154, 303, 307(e), 

309, and 332, unless otherwise noted. 

Total Annual Burden: 11 hours. 

Annual Cost Burden: None. 

Privacy Act Impact Assessment: No 

impact(s). 

Nature and Extent of Confidentiality: 

There is no need for confidentiality with 

this collection of information. 

Needs and Uses: Section 80.605 is 

necessary because applicants are 

required to obtain written permission 

from the Coast Guard in the area where 

radio-navigation/radio-location devices 

are located. This rule insures that no 

hazard to marine navigation will result 

from the grant of applications for nonselectable transponders and shore based 

radio-navigation aids. The Coast Guard 

is responsible for making this 

determination under 14 U.S.C. 18. 

Section 308(b) of the Communications 

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