Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Notices 25247 

research conducted by Cadmus, the EPA 

Office of Water’s national contractor, 

was unable to identify any domestically 

available loggers which meet the 

specifications and quality described in 

the project plans and designs. The 

contractor contacted four companies 

that manufacture loggers in the U.S. but 

none of these companies could provide 

loggers that offer integrated cross 

correlation functionality between 

loggers. 

Additional research conducted by 

EPA Region 6 appeared to confirm that 

there are no domestic logger 

manufacturers that would meet the 

ABCWUA’s technical specifications. 

EPA’s national contractor prepared a 

technical assessment report dated 

February 10, 2010 based on the waiver 

request submittal. The report 

determined 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 report confirmed the 

waiver applicant’s claim that there are 

no American-made loggers available for 

use in the water distribution system. 

Therefore, EPA Region 6 concludes that 

the loggers meet the ‘‘specifications in 

project plans and design.’’ 

The April 28, 2009 EPA HQ 

Memorandum, Implementation of Buy 

American provisions of P.L. 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 ABCWUA has incorporated 

specific technical design requirements 

for installation of loggers in its water 

distribution 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 ABCWUA, 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 to the best of my 

knowledge at the time of review, has 

determined that the supporting 

documentation provided by the 

ABCWUA 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, ‘‘Implementation of Buy American 

provisions of Public Law 111–5, the 

‘‘American Recovery and Reinvestment 

Act of 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 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 ABCWUA’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 ABCWUA is hereby granted a 

waiver from the Buy American 

requirements of ARRA, Section 1605(a) 

of Public Law 111–5 for the purchase of 

three hundred loggers and one radio 

transceiver, using ARRA funds, as 

specified in the ABCWUA’s request of 

February 5, 2010. This supplementary 

information constitutes the detailed 

written justification required by ARRA, 

Section 1605(c), for waivers ‘‘based on a 

finding under subsection (b).’’ 

Authority: Public Law 111–5, section 

1605. 

Dated: April 28, 2010. 

Al Armendariz, 

Regional Administrator, Region 6. 

[FR Doc. 2010–10839 Filed 5–6–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA-New England Region I—EPA–R01– 

OW–2010–0316; FRL–9147–1] 

Massachusetts Marine Sanitation 

Device Standard—Receipt of Petition 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice—Receipt of Petition. 

SUMMARY: Notice is hereby given that a 

petition has been received from the 

Commonwealth of Massachusetts 

requesting a determination by the 

Regional Administrator, U.S. 

Environmental Protection Agency, that 

adequate facilities for the safe and 

sanitary removal and treatment of 

sewage from all vessels are reasonably 

available for the waters of Pleasant Bay/ 

Chatham Harbor, MA. 

DATES: Comments must be submitted by 

June 7, 2010. 

ADDRESSES: Submit your comments, 

identified by Docket ID No. EPA–R01– 

OW–2010–0316, by one of the following 

methods: http://www.regulations.gov, 

Follow the on-line instructions for 

submitting comments. 

• E-mail: rodney.ann@epa.gov. 

• Fax: (617) 918–0538. 

Mail and hand delivery: U.S. 

Environmental Protection Agency—New 

England Region, Five Post Office 

Square, Suite 100, OEP06–1, Boston, 

MA 02109–3912. Deliveries are only 

accepted during the Regional Office’s 

normal hours of operation (8 a.m.–5 

p.m., Monday through Friday, excluding 

legal holidays), and special 

arrangements should be made for 

deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–R01–OW–2010– 

0316. EPA’s policy is that all comments 

received will be included in the public 

docket without change and may be 

made available online 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 http:// 

www.regulations.gov, or e-mail. The 

http://www.regulations.gov Web site 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 http:// 

www.regulations.gov your e-mail 


jlentini on DSKJ8SOYB1PROD with NOTICES
25248 Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Notices 

address will be automatically captured 

and included as part of the comment 

that is placed in the public 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 http:// 

www.regulations.gov index. 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 copy-righted material, 

will be publicly available only in hard 

copy. Publicly available docket 

materials are available either 

electronically in http:// 

www.regulations.gov or in hard copy at 

the U.S. Environmental Protection 

Agency—New England Region, Five 

Post Office Square, Suite 100, OEP06– 

01, Boston, MA 02109–3912. Such 

deliveries are only accepted during the 

Regional Office’s normal hours of 

operation, and special arrangements 

should be made for deliveries of boxed 

information. The Regional Office is 

open from 8 a.m.–5 p.m., Monday 

through Friday, excluding legal 

holidays. The telephone number is (617) 

918–1538. 

FOR FURTHER INFORMATION CONTACT: Ann 

Rodney, U.S. Environmental Protection 

Agency—New England Region, Five 

Post Office Square, Suite 100, OEP06– 

01, Boston, MA 02109–3912. Telephone: 

(617) 918–1538, Fax number: (617) 918– 

0538; e-mail address: 

rodney.ann@epa.gov. 

SUPPLEMENTARY INFORMATION: Notice is 

hereby given that a petition has been 

received from the Commonwealth of 

Massachusetts requesting a 

determination by the Regional 

Administrator, U.S. Environmental 

Protection Agency, pursuant to Section 

312(f)(3) of Public Law 92–500 as 

amended by Public Law 95–217 and 

Public Law 100–4, that adequate 

facilities for the safe and sanitary 

removal and treatment of sewage from 

all vessels are reasonably available for 

Pleasant Bay/Chatham Harbor, MA. 

The proposed boundary of the 

Pleasant Bay/Chatham Harbor NDA 

includes all of the 17 sub-embayments 

within the area with the following water 

boundaries: 

Waterbody/general area From latitude From longitude To latitude To longitude 

Bounded on the west by mainland Chatham, Harwich, Brewster 

and Orleans; bounded on the east by Nauset Beach (North 

Beach) and North Beach Island. A line drawn cross the 

mouth of the North inlet across from Minister’s Point: 

41°42′19.43′′ N 69°55′44.76′′ W 41°42′13.31′′ N 69°55′45.11′′ W 

From West of a line across the mouth of the South Inlet: 41°40′41.51′′ N 69°56′3.47′′ W 41°39′56.52′′ N 69°56′30.48′′ W 

The boundaries were chosen based on 

easy line-of-sight locations and 

generally represent all navigational 

waters. The area includes the municipal 

waters of Chatham, Harwich, Brewster 

and Orleans. 

Boating is one of the most popular 

recreational uses of Pleasant Bay/ 

Chatham Harbor. There are three private 

marinas, four boating clubs and 

approximately 30 public landings/ 

access points in the proposed area. 

Massachusetts has certified that there 

are three pumpout facilities within the 

proposed area available to the boating 

public. A list of the facilities, locations, 

contact information, hours of operation, 

and water depth is provided at the end 

of this petition. 

Massachusetts has provided 

documentation indicating that the total 

vessel population is estimated to be 

2,160 in the proposed area. It is 

estimated that 124 of the total vessel 

population may have a Marine 

Sanitation Device (MSD) of some type. 

Over 90 percent of the boats in the 

proposed area are 25 feet and under. 

The proposed area is roughly 9,000 

acres and is a state designated Area of 

Critical Environment Concern (ACEC). 

The islands of Pochet, Sampson, Hog, 

and Little Sipson are held in trust and 

subject to conservation restrictions and 

Strong Island is owned by the town of 

Chatham and the Chatham Conservation 

Foundation. Tern Island is owned by 

the Massachusetts Audubon Society. 

The Nauset Barrier Beach is within the 

boundaries of the Cape Cod National 

Seashore. There are 36 finfish species 

and an abundance of quahogs, softshell 

clams, razor clams and scallops. This 

area is a popular destination for boaters 

due to its natural environmental 

diversity and would benefit from a No 

Discharge Area. 

PUMPOUT FACILITIES WITHIN PROPOSED NO DISCHARGE AREA

PLEASANT BAY/CHATHAM HARBOR 

Name Location Contact info. Hours Mean low water 

depth 

Harbormaster ......................... Round Cove Harwich ............ 508–430–7532 VHF 60 ......... On demand ........................... N/A 

Harbormaster ......................... Ryder’s Cove Chatham ......... 508–945–1067 or 508–945– 

5185 VHF 66.

M–F 8 am–5 pm, Sat. 9 am– 

1 pm.

3 ft 

Nauset Marine East ............... 37 Barley Neck Road, East 

Orleans.

508–255–3045 VHF 9 ........... On demand ........................... 3 ft 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Notices 25249 

Dated: April 27, 2010. 

H. Curtis Spalding, 

Regional Administrator, New England Region. 

[FR Doc. 2010–10841 Filed 5–6–10; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

Notice of Public Information 

Collection(s) Being Submitted for 

Review and Approval to the Office of 

Management and Budget (OMB), 

Comments Requested 

May 4, 2010. 

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 for 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 June 7, 2010. 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 

Nicholas A. Fraser, Office of 

Management and Budget, via fax at 202– 

395–5167 or via the Internet at 

Nicholas_A._Fraser@omb.eop.gov and 

to the Federal Communications 

Commission via email to PRA@fcc.gov. 

To view a copy of this information 

collection request (ICR) submitted to 

OMB: (1) Go to the web page http:// 

reginfo.gov/public/do/PRAMain, (2) 

look for the section of the web page 

called ‘‘Currently Under Review’’, (3) 

click on the downward–pointing arrow 

in the ‘‘Select Agency’’ box below the 

‘‘Currently Under Review’’ heading, (4) 

select ‘‘Federal Communications 

Commission’’ from the list of agencies 

presented in the ‘‘Select Agency’’ box, 

(5) click the ‘‘Submit’’ button to the right 

of the ‘‘Select Agency’’ box, and (6) 

when the list of FCC ICRs currently 

under review appears, look for the title 

of this ICR (or its OMB Control Number, 

if there is one) and then click on the ICR 

Reference Number to view detailed 

information about this ICR. 

FOR FURTHER INFORMATION CONTACT: 

Judith B. Herman, Office of Managing 

Director, (202) 418–0214. For additional 

information or copies of the information 

collection(s), contact Judith B. Herman, 

OMD, 202–418–0214, email Judith– 

b.herman@fcc.gov. 

SUPPLEMENTARY INFORMATION: 

OMB Control Number: 3060–1030. 

Title: Service Rules for Advanced 

Wireless Services (AWS) in the 1.7 GHz 

and 2.1 GHz Bands. 

Form Number: N/A. 

Type of Review: Extension of a 

currently approved collection. 

Respondents: Business or other for– 

profit, not–for–profit institutions and 

state, local or tribal government. 

Number of Respondents and 

Responses: 979 respondents, 1,630 

responses. 

Estimated Time per Response: .25 – 5 

hours. 

Frequency of Response: Semi–annual 

and on occasion reporting requirements, 

recordkeeping requirement and third 

party disclosure requirement. 

Obligation to Respond: Required to 

obtain or retain benefits. Statutory 

authority for this information collection 

is contained in 47 U.S.C. sections 151, 

154(i), 301, 302, 303(f), 303(g), 303(r), 

307, 308, 309, 310, 316, and the 

Commercial Spectrum Enhancement 

Act (CSEA) of 2004, Pub. L. No. 108– 

494. 

Total Annual Burden: 33,480 hours. 

Total Annual Cost: $581,800. 

Privacy Act Impact Assessment: N/A. 

Nature and Extent of Confidentiality: 

There is no need for confidentiality 

except as follows: The clearinghouses 

have committed, pursuant to the FCC’s 

directive, to implement safeguards to 

maintain the confidentiality of 

information where necessary to protect 

respondents’ legitimate commercial 

interests. Additionally, the Ninth Report 

and Order, 71 FR 29818 (May 24, 2006), 

protects the specific location of the 

Broadband Radio Service (BRS) 

licensees’ end–user/subscriber 

equipment, customer names, addresses 

and contact for purpose of relocation, 

which could raise competitive concerns. 

The Commission’s rules permit filing 

information with the Commission to 

request confidential treatment of their 

information under 47 CFR 0.459 of the 

Commission’s rules. 

Needs and Uses: The Commission 

will submit this expiring information 

collection to the Office of Management 

and Budget (OMB) during this comment 

period in order to obtain the full three 

year clearance from them and to keep 

the OMB approval from lapsing. The 

Commission has not changed the 

reporting, recordkeeping and/or third 

party disclosure requirements. The 

Commission is reporting a 4,333 hour 

adjustment increase in burden hours 

and a $2,139,400 decrease in annual 

costs. The change in burden hours and 

costs are due to a complete review of the 

Commission’s initial burden estimates. 

The public burden requirements will 

be used by incumbent licensees and 

new entrants to negotiate relocation 

agreements and to coordinate operations 

to avoid interference. The information 

will also be used by the clearinghouses 

to maintain a national database, 

determine reimbursement obligations of 

entrants pursuant to the Commission’s 

rules and notify such entrants of their 

reimbursement obligations. Also, the 

information will be used to facilitate 

dispute resolution and for FCC oversight 

of the clearinghouses and the cost– 

sharing plan. Additionally, the 

requirements regarding foreign 

ownership, substantial service 

compliance, and interference 

coordination has been used in the past 

and will continue to be used to 

minimize interference, verify that the 

applicants are legally and technically 

qualified to hold licenses, and to 

determine compliance with Commission 

rules. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary, 

Office of the Secretary, 

Office of Managing Director. 

[FR Doc. 2010–10785 Filed 5–6–10; 8:45 am] 

BILLING CODE 6712–01–S 


jlentini on DSKJ8SOYB1PROD with NOTICES