17858 Federal Register / Vol. 76, No. 62 / Thursday, March 31, 2011 / Notices 

submitted after the contract date 

because the specification in the contract 

documents for this submersible pump 

named four U.S. manufacturers as 

potential bidders. It was unknown at the 

time that these four U.S. manufacturers 

could not completely meet the Buy 

American provision because the 

specification required the pump be 

completely constructed of NSF 

approved materials. This situation 

resulted from the lack of reasonably 

foreseeable circumstances, since the 

pump manufacturers originally assumed 

they could meet the specification before 

the bid of this project. There is no 

indication that the City failed to request 

a waiver in order to avoid the 

requirements of the ARRA, particularly 

since there are no domestically 

manufactured products available that 

meet the project specifications. EPA will 

consider the City’s waiver request, a 

foreseeable late request, as though it had 

been timely made since there is no gain 

by the City and no loss by the 

government due to the late request. 

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’’, 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 City has 

incorporated specific technical design 

requirements for installation of pump in 

its potable drinking water system. 

Therefore, it meets the requirements of 

the ‘‘satisfactory quality’’ criterion for 

requesting a waiver from the Buy 

American provisions of Public Law 

111–5. 

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 utilities, 

such as the City, to revise their 

standards and specifications, institute a 

new bidding process, and potentially 

choose a more costly, less efficient 

project. The imposition of ARRA Buy 

American requirements on such projects 

otherwise eligible for State Revolving 

Fund assistance would result in 

unreasonable delay and thus displace 

the ‘‘shovel ready’’ status for this project. 

To further delay construction is in 

direct conflict with a fundamental 

economic purpose of the ARRA, which 

is to create or retain jobs. 

The Region 6 Water Quality 

Protection Division has reviewed this 

waiver request, and has determined that 

the supporting documentation provided 

by the City is sufficient to meet the 

criteria listed under ARRA, Section 

1605(b), Office of Management and 

Budget (OMB) regulations at 2 CFR 

176.60–176.170, and in the April 28, 

2009, memorandum, Implementation of 

Buy American provisions of Public Law 

111–5, the ‘‘American Recovery and 

Reinvestment Act of 2009.’’ The basis for 

this project waiver is the authorization 

provided in ARRA, Section 1605(b)(2). 

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 the City’s technical 

specifications, a waiver from the Buy 

American requirement is justified. 

EPA headquarters’ March 31, 2009 

Delegation of Authority Memorandum 

provided Regional Administrators with 

the authority to issue exceptions to 

Section 1605 of 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, 

the City is hereby granted a waiver from 

the Buy American requirements of 

ARRA, Section 1605(a) of Public Law 

111–5 for the purchase of a 5 HP nonclog submersible pump, with NSF 

compliant wetted parts and 

appurtenances, using ARRA funds, as 

specified in the City’s request. This 

supplementary information constitutes 

the detailed written justification 

required by ARRA, Section 1605(c), for 

waivers ‘‘based on a finding under 

subsection (b).’’ 

Authority: Pub. L. 111–5, section 1605. 

Dated: March 8, 2011. 

Al Armendariz, 

Regional Administrator, U.S. Environmental 

Protection Agency, Region 6. 

[FR Doc. 2011–7606 Filed 3–30–11; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

Notice of Public Information 

Collection(s) Being Reviewed by the 

Federal Communications Commission, 

Comments Requested 

March 21, 2011. 

SUMMARY: The Federal Communications 

Commission, as part of its continuing 

effort to reduce paperwork burden 

invites the general public and other 

Federal agencies to take this 

opportunity to comment on the 

following information collection(s), as 

required by the Paperwork Reduction 

Act (PRA) of 1995, 44 U.S.C. 3501–3520. 

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 OMB control 

number. No person shall be subject to 

any penalty for failing to comply with 

a collection of information subject to the 

Paperwork Reduction Act (PRA) that 

does not display a currently valid OMB 

control number. 

DATES: Written Paperwork Reduction 

Act (PRA) comments should be 

submitted on or before May 31, 2011. If 

you anticipate that you will be 

submitting PRA comments, but find it 

difficult to do so within the period of 

time allowed by this notice, you should 

advise the FCC contact listed below as 

soon as possible. 

ADDRESSES: Direct all PRA comments to 

the Federal Communications 

Commission via e-mail to PRA@fcc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Judith B. Herman, Office of Managing 

Director, (202) 418–0214. For additional 

information, contact Judith B. Herman, 

OMD, 202–418–0214 or e-mail 

judith-b.herman@fcc.gov. 

SUPPLEMENTARY INFORMATION: 

OMB Control Number: 3060–0805. 

Title: Section 90.527, Regional Plan 

Requirements; Section 90.523, 

Eligibility; and Section 90.1211, 

Regional Plan Shared Use of 4.9 GHz. 

Form No.: N/A. 

Type of Review: Revision of a 

currently approved collection. 

Respondents: Business or other forprofit, not-for-profit institutions and 

state, local or tribal government. 

Number of Respondents and 

Responses: 20,516 respondents, 20,516 

responses. 

Estimated Time per Response: 

.5 hours—200 hours. 


wwoods2 on DSK1DXX6B1PROD with NOTICES
Federal Register / Vol. 76, No. 62 / Thursday, March 31, 2011 / Notices 17859 

Frequency of Response: On occasion 

and one time reporting requirements 

and third party disclosure requirements. 

Obligation to Respond: Required to 

obtain or retain benefits. Statutory 

authority for this information collection 

is contained in 47 U.S.C. 154(i), 161, 

303(g), 303(r), and 332(c)(7). 

Total Annual Burden: 59,875 hours. 

Total Annual Cost: N/A. 

Privacy Act Impact Assessment: N/A. 

Nature and Extent of Confidentiality: 

N/A. 

Needs and Uses: The Commission is 

seeking Office of Management and 

Budget (OMB) approval for a revision to 

this information collection (IC). The 

Commission is reporting a 1,200 hour 

program change reduction. This 

reduction is due to elimination of the 

burden associated with Section 

90.545(c)(1), TV/DTV Interference 

Protection Criteria, which was part of 

this collection. The requirements in this 

section became moot when the TV/DTV 

transition ended on June 12, 2009. 

The requirements that the 

Commission wants continued OMB 

approval is for the following: 

Section 90.523 which requires that 

nongovernmental organizations, which 

provide services to protect the safety of 

life, or property, to obtain a written 

statement from an authorizing state or 

local government entity to support the 

nongovernmental organization’s 

application for the assignment of 700 

MHz frequencies. 

Section 90.527 states that to prepare 

the regional plans for the 700 MHz 

band, the regional planning committees 

will require input from those entities 

within the regions that will be eligible 

to receive licenses under the plans. 

Entities that seek inclusion in the plan 

in order to obtain licenses will be third 

party respondents. 

Section 90.1211 the Commission 

suggested that each 700 MHz region 

submit a plan on guidelines to be used 

for sharing the spectrum within the 

region. 

The information will be submitted to 

the Commission and they will use the 

information obtained to assign licenses, 

and also use the information to 

determine regional spectrum 

requirements and to develop technical 

standards. The information will also be 

used to determine whether prospective 

licensees will operate in compliance 

with the Commission’s rules. Without 

such information, the Commission 

could not accommodate regional 

requirements or provide for the optimal 

use of the available frequencies. For 

information provide to, or exchanged 

among third parties, the data will be 

used to establish eligibility. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary, Office of the Secretary, Office of 

Managing Director. 

[FR Doc. 2011–7514 Filed 3–30–11; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

Notice of Public Information 

Collection(s) Being Reviewed by the 

Federal Communications Commission, 

Comments Requested 

March 17, 2011. 

SUMMARY: The Federal Communications 

Commission, as part of its continuing 

effort to reduce paperwork burden 

invites the general public and other 

Federal agencies to take this 

opportunity to comment on the 

following information collection(s), as 

required by the Paperwork Reduction 

Act (PRA) of 1995, 44 U.S.C. 3501–3520. 

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 

Paperwork Reduction Act (PRA) that 

does not display a currently valid OMB 

control number. 

DATES: Written Paperwork Reduction 

Act (PRA) comments should be 

submitted on or before May 31, 2011. If 

you anticipate that you will be 

submitting PRA comments, but find it 

difficult to do so within the period of 

time allowed by this notice, you should 

advise the FCC 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, contact Cathy 

Williams on (202) 418–2918. 

SUPPLEMENTARY INFORMATION: 

OMB Control Number: 3060–0787. 

Title: Implementation of the 

Subscriber Carrier Selection Changes 

Provisions of the Telecommunications 

Act of 1996, Policies and Rules 

Concerning Unauthorized Changes of 

Consumers’ Long Distance Carriers, CC 

Docket No. 94–129, FCC 07–223. 

Form Number: N/A. 

Type of Review: Extension of a 

currently approved collection. 

Respondents: Individuals or 

household; business or other for-profit; 

State, Local or Tribal Government. 

Number of Respondents and 

Responses: 6,454 respondents; 25,041 

responses. 

Estimated Time per Response: 30 

minutes (.50 hours) to 10 hours. 

Frequency of Response: 

Recordkeeping requirement; biennial 

and on occasion reporting requirements; 

third party disclosure requirement. 

Obligation to Respond: Required to 

obtain or retain benefit. The statutory 

authority for the information collection 

requirements is found at Sec. 258 

[47 U.S.C. 258] Illegal Changes In 

Subscriber Carrier Selections, Public 

Law 104–104, 110 Stat. 56. 

Total Annual Burden: 105,901 hours. 

Total Annual Cost: 51,285,000. 

Nature and Extent of Confidentiality: 

Confidentiality is an issue to the extent 

that individuals and households 

provide personally identifiable 

information, which is covered under the 

FCC’s system of records notice (SORN), 

FCC/CGB–1, ‘‘Informal Complaints and 

Inquiries.’’ As required by the Privacy 

Act, 5 U.S.C. 552a, the Commission also 

published a SORN, FCC/CGB–1 

‘‘Informal Complaints and Inquiries’’, in 

the Federal Register on December 15, 

2009 (74 FR 66356) which became 

effective on January 25, 2010. 

Privacy Impact Assessment: Yes. The 

Privacy Impact Assessment (PIA) was 

completed on June 28, 2007. It may be 

reviewed at: http://www.fcc.gov/omd/ 

privacyact/Privacy_Impact_Assess 

ment.html;. The Commission is in the 

process of updating the PIA to 

incorporate various revisions made to 

the SORN. 

Needs and Uses: Section 258 of the 

Telecommunications Act of 1996 

directed the Commission to prescribe 

rules to prevent the unauthorized 

change by telecommunications carriers 

of consumers’ selections of 

telecommunications service providers 

(slamming). On March 17, 2003, the 

FCC released the Third Order on 

Reconsideration and Second Further 

Notice of Proposed Rulemaking, CC 

Docket No. 94–129, FCC 03–42 (Third 

Order on Reconsideration), in which the 


wwoods2 on DSK1DXX6B1PROD with NOTICES