Federal Register / Vol. 75, No. 224 / Monday, November 22, 2010 / Notices 71127 

II. Additional Information About 

Commenting on the Proposed Consent 

Decree 

A. How can I get a copy of the consent 

decree? 

The official public docket for this 

action (identified by Docket ID No. 

EPA–HQ–OGC–2010–0942) contains a 

copy of the proposed consent decree. 

The official public docket is available 

for public viewing at the Office of 

Environmental Information (OEI) Docket 

in the EPA Docket Center, EPA West, 

Room 3334, 1301 Constitution Ave., 

NW., Washington, DC. The EPA Docket 

Center Public Reading Room is open 

from 8:30 a.m. to 4:30 p.m., Monday 

through Friday, excluding legal 

holidays. The telephone number for the 

Public Reading Room is (202) 566–1744, 

and the telephone number for the OEI 

Docket is (202) 566–1752. 

An electronic version of the public 

docket is available through http:// 

www.regulations.gov. You may use 

http://www.regulations.gov to submit or 

view public comments, access the index 

listing of the contents of the official 

public docket, and to access those 

documents in the public docket that are 

available electronically. Once in the 

system, key in the appropriate docket 

identification number then select 

‘‘search’’. 

It is important to note that EPA’s 

policy is that public comments, whether 

submitted electronically or in paper, 

will be made available for public 

viewing online at http:// 

www.regulations.gov without change, 

unless the comment contains 

copyrighted material, CBI, or other 

information whose disclosure is 

restricted by statute. Information 

claimed as CBI and other information 

whose disclosure is restricted by statute 

is not included in the official public 

docket or in the electronic public 

docket. EPA’s policy is that copyrighted 

material, including copyrighted material 

contained in a public comment, will not 

be placed in EPA’s electronic public 

docket but will be available only in 

printed, paper form in the official public 

docket. Although not all docket 

materials may be available 

electronically, you may still access any 

of the publicly available docket 

materials through the EPA Docket 

Center. 

B. How and to whom do I submit 

comments? 

You may submit comments as 

provided in the ADDRESSES section. 

Please ensure that your comments are 

submitted within the specified comment 

period. Comments received after the 

close of the comment period will be 

marked ‘‘late.’’ EPA is not required to 

consider these late comments. 

If you submit an electronic comment, 

EPA recommends that you include your 

name, mailing address, and an e-mail 

address or other contact information in 

the body of your comment and with any 

disk or CD–ROM you submit. This 

ensures that you can be identified as the 

submitter of the comment and allows 

EPA to contact you in case EPA cannot 

read your comment due to technical 

difficulties or needs further information 

on the substance of your comment. Any 

identifying or contact information 

provided in the body of a comment will 

be included as part of the comment that 

is placed in the official public docket, 

and made available in EPA’s electronic 

public docket. 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. 

Use of the http://www.regulations.gov 

website to submit comments to EPA 

electronically is EPA’s preferred method 

for receiving comments. The electronic 

public docket system is an ‘‘anonymous 

access’’ system, which means EPA will 

not know your identity, e-mail address, 

or other contact information unless you 

provide it in the body of your comment. 

In contrast to EPA’s electronic public 

docket, EPA’s electronic mail (e-mail) 

system is not an ‘‘anonymous access’’ 

system. If you send an e-mail comment 

directly to the Docket without going 

through http://www.regulations.gov, 

your e-mail address is automatically 

captured and included as part of the 

comment that is placed in the official 

public docket, and made available in 

EPA’s electronic public docket. 

Dated: November 12, 2010. 

Richard B. Ossias, 

Associate General Counsel. 

[FR Doc. 2010–29399 Filed 11–19–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9228–1] 

Notice of a Project Waiver of Section 

1605 (Buy American Rquirement) of 

the American Recovery and 

Reinvestment Act of 2009 (ARRA) to 

the Utah Division of Water Quality 

(UDWQ) 

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) [manufactured goods are not 

produced in the United States of a 

satisfactory quality] to the UDWQ for 

the purchase of coconut fiber (coir) 

woven mats. 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. These coconut fiber 

woven mats, which are supplied by Geo 

Dynamics in Ogden, UT, are 

manufactured in India and Sri Lanka, 

and meet the UDWQ’s performance 

specifications and requirements. The 

Regional Administrator is making this 

determination based on the review and 

recommendations of EPA Region 8’s 

Technical & Financial Services Unit. 

The UDWQ 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. This action 

permits the purchase of coconut fiber 

woven mats for the East Canyon Stream 

Restoration Project being implemented 

by the UDWQ that may otherwise be 

prohibited under Section 1605(a) of the 

ARRA. 

DATES: Effective Date: October 15, 2010. 

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 the UDWQ for the acquisition of 

coconut fiber woven mats which are 

manufactured in India and Sri Lanka. 

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, here EPA. A 

waiver may be provided if EPA 


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71128 Federal Register / Vol. 75, No. 224 / Monday, November 22, 2010 / Notices 

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. 

This manufactured good will be used 

as part of the ‘‘East Canyon Stream 

Restoration Project,’’ a stream 

stabilization project in Utah. The 

UDWQ states that only coconut fiber 

woven mats meet the specific needs of 

this project, which are durability, mat 

size and biodegradability. They indicate 

that the key characteristics that set 

coconut fiber woven mats apart from 

other alternatives are a 4–5 year instream life expectancy followed by 

100% biodegradation, and visually 

unobtrusive properties. UDWQ states 

that coconut fibers are more durable 

than straw and other materials used in 

alternative mat products, and they do 

not require the incorporation of 

polypropylene and/or other synthetic 

products that are not 100% 

biodegradable. 

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 OMB ARRA Buy American 

Guidance cites the Federal Acquisition 

Regulation (FAR) as an appropriate 

reference for availability waiver 

inquiries. Specifically, the OMB 

Guidance at § 176.80(a)(1) states (at 77 

FR 18452) that ‘‘The determinations of 

nonavailability of the articles listed at 

48 CFR 25.104(a) and the procedures at 

48 CFR 25.103(b)(1) also apply if any of 

those articles are manufactured goods 

needed in the project. The FAR’s list of 

nonavailable articles includes ‘‘Fibers of 

the following types: * * * coir,’’ thereby 

establishing a presumption of lack of 

U.S. availability. The FAR procedures at 

48 CFR 25.103(b)(1) specified as 

required in the OMB Guidance state 

that: 

(1)(i) A nonavailability determination has 

been made for the articles listed in 25.104. 

This determination does not necessarily 

mean that there is no domestic source for the 

listed items, but that domestic sources can 

only meet 50 percent or less of total U.S. 

government and nongovernment demand. (ii) 

Before acquisition of an article on the list, the 

procuring agency is responsible to conduct 

market research appropriate to the 

circumstances, including seeking of domestic 

sources. 

The applicant met the procedures 

specified for the availability inquiry as 

appropriate to the circumstances by 

conducting on-line research and 

contacting suppliers, and all sources 

indicated that coconut fiber woven mats 

are only manufactured outside of the 

U.S. Therefore, based on the 

information provided to EPA and to the 

best of our knowledge at this time, 

coconut fiber woven mats are not 

manufactured in the United States, and 

no other U.S. manufactured product can 

meet UDWQ’s performance 

specifications and requirements. 

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 agencies 

such as UDWQ 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 

September 8, 2010 based on the 

submitted waiver request. 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 comparable domestic products that 

can meet the specific durability, size 

and biodegradation needs of this 

project. 

The Technical & Financial Services 

Unit has reviewed this waiver request 

and has determined that the supporting 

documentation provided by the UDWQ 

is sufficient to meet the criteria listed 

under Section 1605(b) of the ARRA 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 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 the UDWQ’s 

performance specifications and 

requirements, a waiver from the Buy 

American requirement is justified. 

EPA has determined that the UDWQ’s 

waiver request can be processed as 

timely even though the request was 

made after the construction contract was 

signed. Consistent with the direction of 

the OMB Guidance at 2 CFR176.120, 

EPA has evaluated the UDWQ’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 UDWQ’s request, 

though requested after the contract date, 

may be processed as if it were timely. 

After the contract date, on July 20, 2010, 

the project manager visited the ARRAfunded Strawberry River Restoration 

project, which received a waiver for the 

same coir mat product. The success of 

that project inspired a re-design of the 

East Canyon Stream Restoration project 

to incorporate the identical coir mat 

product. At that time, the UDWQ 

realized that they would need a waiver. 

Accordingly, EPA has evaluated 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, the UDWQ is 

hereby granted a waiver from the Buy 

American requirements of Section 

1605(a) of Public Law 111–5 for the 

purchase of coconut fiber woven mats 

using ARRA funds as specified in the 

UDWQ’s request of July 8, 2009. 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. 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 224 / Monday, November 22, 2010 / Notices 71129 

Dated: October 28, 2010. 

James B. Martin, 

Regional Administrator, Region 8. 

[FR Doc. 2010–29403 Filed 11–19–10; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

Notice of Public Information 

Collection(s) Being Reviewed by the 

Federal Communications Commission 

for Extension Under Delegated 

Authority, Comments Requested 

November 15, 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; and (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 January 21, 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 

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 e-mail to PRA@fcc.gov. 

FOR FURTHER INFORMATION CONTACT: For 

additional information contact Leslie F. 

Smith, (202) 418–0217, 

Leslie.Smith@fcc.gov. 

SUPPLEMENTARY INFORMATION: 

OMB Control Number: 3060–0997. 

Title: Section 52.15(k), Numbering 

Utilization and Compliance Audit. 

Form Number: N/A. 

Type of Review: Extension of a 

currently approved collection. 

Respondents: Businesses or other forprofit. 

Number of Respondents and 

Responses: 25 respondents; 25 

responses. 

Estimated Time per Response: 33 

hours. 

Frequency of Response: On occasion 

reporting requirement; Third party 

disclosure requirement. 

Obligation to Respond: Mandatory. 

See 47 U.S.C. 251. 

Total Annual Burden: 825 hours. 

Total Annual Cost: $0.00. 

Privacy Impact Assessment: No 

impact(s). 

Nature and Extent of Confidentiality: 

Commission employees and the 

independent auditor are prohibited by 

47 U.S.C. 220(f) from divulging any fact 

or information that may come to their 

knowledge in the course of performing 

the audit, except as directed by the 

Commission or a court. 

Needs and Uses: The audit program, 

consisting of audit procedures and 

guidelines, is developed to conduct 

random audits. The random audits are 

conducted on the carriers that use 

numbering resources in order to verify 

the accuracy of numbering data reported 

on FCC Form 502, and to monitor 

compliance with FCC rules, orders and 

applicable industry guidelines. Failure 

of the audited carriers to respond to the 

audits can result in penalties. Based on 

the final audit report, evidence of 

potential violations may result in 

enforcement action. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. 2010–29380 Filed 11–19–10; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL DEPOSIT INSURANCE 

CORPORATION 

Update to Notice of Financial 

Institutions for Which the Federal 

Deposit Insurance Corporation Has 

Been Appointed Either Receiver, 

Liquidator, or Manager 

AGENCY: Federal Deposit Insurance 

Corporation. 

ACTION: Update listing of financial 

institutions in liquidation. 

SUMMARY: Notice is hereby given that 

the Federal Deposit Insurance 

Corporation (Corporation) has been 

appointed the sole receiver for the 

following financial institutions effective 

as of the Date Closed as indicated in the 

listing. This list (as updated from time 

to time in the Federal Register) may be 

relied upon as ‘‘of record’’ notice that the 

Corporation has been appointed receiver 

for purposes of the statement of policy 

published in the July 2, 1992 issue of 

the Federal Register (57 FR 29491). For 

further information concerning the 

identification of any institutions which 

have been placed in liquidation, please 

visit the Corporation Web site at http:// 

www.fdic.gov/bank/individual/failed/ 

banklist.html or contact the Manager of 

Receivership Oversight in the 

appropriate service center. 

Dated: November 15, 2010. 

Federal Deposit Insurance Corporation. 

Pamela Johnson, 

Regulatory Editing Specialist. 

INSTITUTIONS IN LIQUIDATION

[In alphabetical order] 

FDIC Ref. No. Bank name City State Date closed 

10311 ....................................... Copper Star Bank ............................................................ Scottsdale ........................... AZ 11/12/2010 

10312 ....................................... Darby Bank & Trust Co. ................................................... Vidalia ................................. GA 11/12/2010 

10313 ....................................... Tifton Banking Company .................................................. Tifton ................................... GA 11/12/2010 


jlentini on DSKJ8SOYB1PROD with NOTICES