Federal Register / Vol. 76, No. 63 / Friday, April 1, 2011 / Notices 18219 

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 April 28, 2009 EPA HQ 

Memorandum (‘‘EPA April memo’’), 

‘‘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.’’ It further defines satisfactory 

quality as ‘‘the quality of iron, steel, or 

the relevant manufactured good as 

specified in the project plans and 

designs.’’ 

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 cities 

such as Salt Lake City to revise their 

standards and specifications and to start 

the bidding process again. The 

imposition of ARRA Buy American 

requirements on such projects otherwise 

eligible for ARRA State Revolving Fund 

assistance would result in unreasonable 

delay and thus displace the ‘‘shovel 

ready’’ status for this project. To further 

delay project implementation is in 

direct conflict with a fundamental 

economic purpose of the ARRA, which 

is to create or retain jobs. 

EPA’s national contractor prepared a 

technical assessment report dated 

February 3, 2011, based on the 

submitted waiver request. The report 

stated that the waiver request submittal 

was complete, that adequate technical 

information was provided, and that 

there were no significant weaknesses in 

the justification provided. The 

assessment confirmed the waiver 

applicant’s claim that there are no 

comparable domestic products that can 

meet the project specifications. 

The Technical & Financial Services 

Unit has reviewed this waiver request 

and has determined that the supporting 

documentation provided by Salt Lake 

City is sufficient to meet the criteria 

listed under Section 1605(b) of the 

ARRA and in the EPA April memo: 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 basis for this project waiver is the 

authorization provided in Section 

1605(b)(2) of the ARRA. 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 Salt 

Lake City’s performance specifications 

and requirements, a waiver from the 

Buy American requirement is justified. 

EPA has determined that the City’s 

waiver request may be treated as timely 

even though the request was made after 

the construction contract was signed. 

Consistent with the direction of the 

OMB Guidance at 2 CFR 176.120, EPA 

has evaluated the City’s request to 

determine if the request constitutes a 

late request. 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, in this case EPA has 

determined that the City’s request, 

though made after the date that the 

contract was signed, can be evaluated as 

timely because the need for the waiver 

was not reasonably foreseeable. The 

waiver request was submitted after the 

contract date due to a change order that 

was approved on June 14, 2010. The 

original project only included installing 

new covers on the digesters; however, 

once the project started, it was 

determined that there were major 

structural deficiencies and the digester 

tanks needed to be rehabilitated as well, 

which included installing new mixers. 

As soon as it was determined that the 

mixers had non-U.S. components, Salt 

Lake City started the waiver request 

process. Accordingly, EPA will evaluate 

the request as a timely request. 

The March 31, 2009 Delegation of 

Authority Memorandum provided 

Regional Administrators with the 

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, Salt Lake City is 

hereby granted a waiver from the Buy 

American requirements of Section 

1605(a) of Public Law 111–5 for the 

purchase of three vertical linear motion 

mixers using ARRA funds as specified 

in the City’s request of January 25, 2011. 

This supplementary information 

constitutes the detailed written 

justification required by Section 1605(c) 

for waivers ‘‘based on a finding under 

subsection (b).’’ 

Authority: Public Law 111–5, section 

1605. 

Dated: March 18, 2011. 

James Martin, 

Regional Administrator, Region 8. 

[FR Doc. 2011–7786 Filed 3–31–11; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL ELECTION COMMISSION 

Sunshine Act Notice 

AGENCY: Federal Election Commission. 

DATE AND TIME: Tuesday, April 5, 2011, 

at 10 a.m. 

PLACE: 999 E Street, NW., Washington, 

DC. 

STATUS: This meeting will be closed to 

the public. 

ITEMS TO BE DISCUSSED: 

Compliance matters pursuant to 2 

U.S.C. 437g. 

Audits conducted pursuant to 2 U.S.C. 

437g, 438(b), and Title 26, U.S.C. 

Matters concerning participation in civil 

actions or proceedings or arbitration. 

Internal personnel rules and procedures 

or matters affecting a particular 

employee. 

PERSON TO CONTACT FOR INFORMATION: 

Judith Ingram, Press Officer, Telephone: 

(202) 694–1220. 

Shawn Woodhead Werth, 

Secretary and Clerk of the Commission. 

[FR Doc. 2011–7868 Filed 3–30–11; 11:15 am] 

BILLING CODE 6715–01–P 

FEDERAL MARITIME COMMISSION 

Notice of Agreement Filed 

The Commission hereby gives notice 

of the filing of the following agreement 

under the Shipping Act of 1984. 

Interested parties may submit comments 

on the agreements to the Secretary, 

Federal Maritime Commission, 

Washington, DC 20573, within ten days 

of the date this notice appears in the 

Federal Register. Copies of the 

agreements are available through the 

Commission’s Web site (http:// 

www.fmc.gov) or by contacting the 

Office of Agreements at (202) 523–5793 

or tradeanalysis@fmc.gov. 

Agreement No.: 012112–001. 

Title: Evergreen/Maersk Slot Charter 

Agreement. 

Parties: Evergreen Line Joint Service 

Agreement and A.P. Moller-Maersk A/S. 

Filing Party: Paul M. Keane, Esq.; 

Cichanowicz, Callan, Keane, Vengrow & 

Textor, LLP; 61 Broadway, Suite 3000, 

New York, NY 10006–2802 

Synopsis: The amendment extends 

the agreement through May 31, 2011. 

mstockstill on DSKH9S0YB1PROD with NOTICES

18220 Federal Register / Vol. 76, No. 63 / Friday, April 1, 2011 / Notices 

Dated: March 29, 2011. 

By Order of the Federal Maritime 

Commission. 

Karen V. Gregory, 

Secretary. 

[FR Doc. 2011–7811 Filed 3–31–11; 8:45 am] 

BILLING CODE 6730–01–P 

FEDERAL MEDIATION AND 

CONCILIATION SERVICE 

Labor-Management Cooperation Grant 

Program Information Collection 

Request 

AGENCY: Federal Mediation and 

Conciliation Service. 

ACTION: Submission for OMB Review: 

Comment Request. 

SUMMARY: The Federal Mediation and 

Conciliation Service (FMCS) hereby 

announces the submission of the 

following public information collection 

request (ICR) to the Office of 

Management and Budget (OMB) for 

review and approval in accordance with 

the Paperwork Reduction Act of 1995 

(Pub. L. 104–13). This information 

collection, ‘‘Labor-Management 

Cooperation Grant Program Information 

Collection Request’’ (OMB Control No. 

3076–0006) will be used to collect 

information to determine applicant 

suitability, to monitor grant project 

status and for grant program evaluation. 

The OMB is particularly interested in 

comments which: 

(i) Evaluate whether the proposed 

collection of information is necessary 

forthe proper performance of the 

functions of the agency, including 

whetherthe information will have 

practical utility; 

(ii) Evaluate the accuracy of the 

agency’s estimates of the burden of 

theproposed collection of information; 

(iii) Enhance the quality, utility, and 

clarity of the information to be 

collected; 

(iv) Minimize the burden of the 

collection of information on those who 

are to respond, including the use of 

appropriate automated electronic 

collection technologies or other forms of 

information technology, e.g. permitting 

electronic and fax submission of 

responses. 

Approximately 40 respondents will 

complete the grant kit annually. The 

estimated burden per respondent is 4.5 

hours. The estimated total annual 

burden is 180 hours. 

Affected Entities: Potential applicants 

and/or grantees who received our grant 

application kit. Also applicants who 

have received a grant from FMCS. 

DATES: Comments should be received by 

OMB within 30 calendar days from the 

date of this publication. 

ADDRESSES: Send comments to: E-mail: 

oira_submission@omb.eop.gov. Please 

include the FMCS form number, if 

applicable, the information collection 

title and the OMB control number in the 

subject line of your message. Comments 

may also be sent to fax number 

202.395.5806 to the Attention of Desk 

Officer for FMCS. 

SUPPLEMENTARY INFORMATION: For 

additional information, see the related 

60-day notice published in the Federal 

Register at Vol. 76, No. 16 on January 

25, 2011. 

Dated: March 28, 2011. 

Michael J. Bartlett, 

Deputy General Counsel. 

[FR Doc. 2011–7674 Filed 3–31–11; 8:45 am] 

BILLING CODE 6732–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Disease Control and 

Prevention 

Advisory Council for the Elimination of 

Tuberculosis; Notice of Charter 

Renewal 

This gives notice under the Federal 

Advisory Committee Act (Pub. L. 92– 

463) of October 6, 1972, that the 

Advisory Council for the Elimination of 

Tuberculosis, Department of Health and 

Human Services, has been renewed for 

a 2-year period through March 15, 2013. 

For information, contact Hazel Dean, 

Sc.D., M.P.H., Designated Federal 

Officer, Advisory Council for the 

Elimination of Tuberculosis, 

Department of Health and Human 

Services, 1600 Clifton Road, NE., 

Mailstop E–10, Atlanta, Georgia 30333, 

telephone 404/639–8000 or fax 404/ 

639–8600. 

The Director, Management Analysis 

and Services Office, has been delegated 

the authority to sign Federal Register 

notices pertaining to announcements of 

meetings and other committee 

management activities, for both the 

Centers for Disease Control and 

Prevention and the Agency for Toxic 

Substances and Disease Registry. 

Dated: March 25, 2011. 

Andre Tyler, 

Acting Director, Management Analysis and 

Services Office, Centers for Disease Control 

and Prevention. 

[FR Doc. 2011–7754 Filed 3–31–11; 8:45 am] 

BILLING CODE 4163–18–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Disease Control and 

Prevention 

Safety and Occupational Health Study 

Section (SOHSS), National Institute for 

Occupational Safety and Health 

(NIOSH) 

In accordance with section 10(a)(2) of 

the Federal Advisory Committee Act 

(Pub. L. 92–463), the Centers for Disease 

Control and Prevention (CDC) 

announces the following meeting of the 

aforementioned committee: 

Times and Dates: 

8 a.m.–5 p.m., June 2, 2011 (Closed). 

8 a.m.–5 p.m., June 3, 2011 (Closed). 

Place: Hotel 1000, 1000 First Avenue, 

Seattle, Washington 98104, Telephone 

(206) 957–1000, Fax (206) 957–4747. 

Status: The meeting will be closed to 

the public in accordance with 

provisions set forth in Section 552b(c) 

(4) and (6), Title 5 U.S.C., and the 

Determination of the Director, 

Management Analysis and Services 

Office, CDC, pursuant to Public Law 92– 

463. 

Purpose: The Safety and Occupational 

Health Study Section will review, 

discuss, and evaluate grant 

application(s) received in response to 

the Institute’s standard grants review 

and funding cycles pertaining to 

research issues in occupational safety 

and health, and allied areas. 

It is the intent of NIOSH to support 

broad-based research endeavors in 

keeping with the Institute’s program 

goals. This will lead to improved 

understanding and appreciation for the 

magnitude of the aggregate health 

burden associated with occupational 

injuries and illnesses, as well as to 

support more focused research projects, 

which will lead to improvements in the 

delivery of occupational safety and 

health services, and the prevention of 

work-related injury and illness. It is 

anticipated that funded research will 

promote these program goals. 

Matters To Be Discussed: The meeting 

will convene to address matters related 

to the conduct of Study Section 

business and for the study section to 

consider safety and occupational healthrelated grant applications. These 

portions of the meeting will be closed to 

the public in accordance with 

provisions set forth in Section 

552b(c)(4) and (6), Title 5 U.S.C., and 

the Determination of the Director, 

Management Analysis and Services 

Office, Centers for Disease Control and 

Prevention, pursuant to Section 10(d) 

Public Law 92–463. 

mstockstill on DSKH9S0YB1PROD with NOTICES