18218 Federal Register / Vol. 76, No. 63 / Friday, April 1, 2011 / Notices 

satisfies the Section 309(a) requirement 

to make EPA’s comments on EISs 

available to the public. Accordingly, on 

March 31, 2010, EPA discontinued the 

publication of the notice of availability 

of EPA comments in the Federal 

Register. 

EIS No. 20110089, Draft EIS, HUD, CA, 

West Coast Recycling Group Metal 

Recycling Facility Project, Proposal to 

Develop and Operate a Scrap Metal 

Shredding and Recycling Facility at 

the Port of West Sacramento, Yolo 

County, CA, Comment Period Ends: 

05/16/2011, Contact: David W. Tilley 

916–617–4645. 

EIS No. 20110090, Draft EIS, USFS, MN, 

Federal Hardrock Mineral Prospecting 

Permits Project, To Conduct Mineral 

Exploration Drilling and Geophysical 

Activities on the Superior National 

Forest, Cook, Lake, St. Louis and 

Koochiching Counties, MIN, 

Comment Period Ends: 05/16/2011, 

Contact: Loretta Cartner 218–626– 

4382. 

EIS No. 20110091, Final EIS, HUD, WA, 

Sunset Area Community Planned 

Action, Proposal to Redevelopment of 

the Sunset Terrace Public Housing 

Community and Associated 

Neighborhood Growth and 

Revitalization, City of Renton, WA, 

Review Period Ends: 05/02/2011, 

Contact: Erika Conkling 425–430– 

6578. 

EIS No. 20110092, Draft EIS, TVA, 00, 

Natural Resource Plan, To Determine 

How TVA Will Manage Its Natural 

Resource Over the Next 20 Years, 

Implementation, AL, GA, KY, MS, 

NC, TN and VA, Comment Period 

Ends: 05/16/2011, Contact: Charles P. 

Nicholson 864–632–3582. 

EIS No. 20110093, Final EIS, NOAA, 00, 

Atlantic Sea Scallop Fishery 

Management Plan, Amendment 15, 

Implementation of the Annual Catch 

Limits (ACLs) and Accountability 

Measures (AMs) to Prevent 

Overfishing, Gulf of Maine, Georges 

Bank, Review Period Ends: 05/02/ 

2011, Contact: Patricia A. Kurkul 

978–281–9250. 

EIS No. 20110094, Draft EIS, USFS, CA, 

Kirkwood Meadows Power Line 

Reliability Project, Proposal to 

Construct and Operate 34.5 kilovolt 

(kV) Power Line, Eldorado National 

Forest, Amador, Eldorado, and Alpine 

Counties, CA, Comment Period Ends: 

05/31/2011, Contact: Susan A. 

Rodman 530–621–5298. 

EIS No. 20110095, Draft EIS, USACE, 

MA, South Coast Rail Project, To 

Establish Commuter Passenger Transit 

Service between Boston and the Cities 

of New Bedford and Fall River, 

Bristol, Plymouth, Norfolk and 

Suffolk Counties, MA, Comment 

Period Ends: 05/27/2011, Contact: 

Alan Anacheka-Nasemann 978–318– 

8214. 

EIS No. 20110096, Final EIS, STB, AK, 

Port MacKenzie Rail Line Extension 

Construction and Operation, Alaska 

Railroad Corporation, Port 

MacKenzie, AK, Review Period Ends: 

05/02/2011, Contact: Dave Navecky 

202–245–0294. 

EIS No. 20110097, Final EIS, FRA, NV, 

DesertXpress High-Speed Passenger 

Train Project, Proposes to Construct 

and Operate High-Speed Passenger 

Train between Victorville, California 

and Las Vegas, Nevada, Review Period 

Ends: 05/02/2011, Contact: Wendy 

Messenger 202–493–6396. 

Amended Notices 

EIS No. 20100076, Final EIS, FRBSF, 

WA, WITHDRAWN—Federal Reserve 

Bank of San Francisco, Proposes to 

Sell the Property at 1015 Second 

Avenue that is Eligible for Listing on 

the National Register of Historic 

Places, located in Seattle, WA, Review 

Period Ends: 04/19/2010, Contact: 

Robert Kellar 415–974–2655. Revision 

to FR Notice Published 03/19/2010: 

Officially Withdrawn By the 

Preparing Agency. 

Dated: March 29, 2011. 

Robert W. Hargrove, 

Director, NEPA Compliance Division, Office 

of Federal Activities. 

[FR Doc. 2011–7791 Filed 3–31–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9287–6] 

Notice of a Project Waiver of Section 

1605 (Buy American Requirement) of 

the American Recovery and 

Reinvestment Act of 2009 (ARRA) to 

Salt Lake City, UT 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: The EPA is hereby granting a 

project waiver of the Buy American 

requirements of ARRA Section 1605 

under the authority of Section 

1605(b)(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 to Salt Lake City, UT 

for three vertical linear motion mixers to 

be installed in the City’s Water 

Reclamation Facility anaerobic 

digesters. 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 project-specific 

circumstances. Vertical linear motion 

mixers are a proprietary mixing 

technology developed by Enersave Fluid 

Mixers, Inc. (Enersave) of Ontario, 

Canada. The City’s waiver request states 

that the mixer’s drive head is 

manufactured by Enersave in Canada 

and the mixer’s vertical drive shaft and 

hydro-disk will be manufactured in the 

United States (U.S.). There are no U.S. 

manufacturers of vertical linear motor 

mixers that meet the project 

specifications. The Regional 

Administrator is making this 

determination based on the review and 

recommendation of EPA Region 8’s 

Technical & Financial Services Unit. 

Salt Lake City has provided sufficient 

documentation to support its 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. 

DATES: Effective Date: April 1, 2011. 

FOR FURTHER INFORMATION CONTACT: Jody 

Ostendorf, Recovery Act Coordinator, 

(303) 312–7814, or Brian Friel, SRF 

Coordinator, (303) 312–6277, Technical 

& Financial Services Unit, Water 

Program, Office of Partnerships & 

Regulatory Assistance, U.S. EPA Region 

8, 1595 Wynkoop St., Denver, CO 

80202. 

SUPPLEMENTARY INFORMATION: 

In accordance with ARRA Section 

1605(c) and pursuant to Section 

1605(b)(2) of Public Law 111–5, Buy 

American requirements, EPA hereby 

provides notice that it is granting a 

project waiver to Salt Lake City for the 

purchase of three vertical linear motion 

mixers which have a drive head that is 

manufactured by Enersave in Canada. 

This manufactured good will be used as 

part of Salt Lake City’s Water 

Reclamation Facility’s capacity 

upgrades. 

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 are produced in the 

United States, or unless a waiver is 

provided to the recipient by the head of 

the appropriate agency, in this case 

EPA. A waiver may be provided if EPA 

determines that (1) Applying these 

requirements would be inconsistent 

mstockstill on DSKH9S0YB1PROD with NOTICES

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