Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Notices 79375 

the overall project by more than 25 

percent. 

Consistent with the direction of the 

OMB Guidance at 2 CFR 176.120, EPA 

has evaluated the District’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 District’s request, 

though made after the date that the 

contract was signed, can be evaluated as 

timely because the need for a waiver 

was not reasonably foreseeable. During 

construction, one of the three bedrock 

wells became unstable and required 

additional PVC casing to be installed the 

length of the well. Due to the additional 

PVC casing in the well, the 4 inch 

diameter well pump specified during 

design could no longer be utilized and 

a smaller 3 inch diameter submersible 

well pump was needed. The recipient 

could not reasonably have foreseen the 

need for a waiver prior to the changed 

circumstances which developed during 

construction. Accordingly, EPA will 

evaluate the request as a timely request. 

The District is requesting a waiver 

from the Buy American provision of 

ARRA for one 3 inch diameter, 1 

horsepower, single phase submersible 

well pump manufactured by Grundfos 

Pump Corporation. The unit is 

scheduled for installation by the end of 

November 2010. During drilling and 

pump testing of one of the three bedrock 

wells within the well field, a soft rock 

layer was discovered in the formation 

and the well appeared to be unstable. 

An additional 4 inch PVC casing was 

installed the length of the well to help 

prevent caving and allow flexibility to 

install the pump below the soft rock 

layer. With the additional casing in 

place, the original 4 inch diameter well 

pump that was specified during design 

could no longer be used as it exceeded 

the diameter of the modified well. 

The District has researched foreign 

and domestic manufacturers of 3 inch 

diameter submersible well pumps and 

has determined that domestic 

manufacturers are not able to 

manufacture a well pump that meets the 

necessary 3 inch diameter. The District 

was only able to identify Grundfos 

Pump Corporation that manufactures a 

3 inch diameter, 1 horsepower, single 

phase submersible well pump. 

An evaluation of all of the submitted 

documentation by EPA’s technical 

review team supports and confirms the 

District’s claim that there are currently 

no domestic manufacturers that can 

provide a submersible well pump that 

meets the necessary size constraints. 

The consulting engineer for the District 

identified three domestic manufacturers 

in the United States. None of the 

companies currently manufacture 3 inch 

diameter submersible well pumps. An 

independent review of the submitted 

documentation by EPA’s national 

contractor found four additional 

possible domestic manufacturers. 

However, none of the manufacturers 

contacted currently provides a product 

that meets the size constraints. In 

addition, the evaluation of the 

supporting documentation 

demonstrated that foreign manufactured 

3 inch diameter submersible well 

pumps are available and will be able to 

meet the proposed specifications. 

Furthermore, the purpose of the 

ARRA is to stimulate economic recovery 

by funding current infrastructure 

construction, not to delay or curtail 

entirely projects that are ‘‘shovel ready’’ 

by requiring potential SRF eligible 

recipients, such as the Woodlake Tax 

District, to revise their design standards 

and specifications. To curtail entirely 

this construction would directly conflict 

with a fundamental economic purpose 

of ARRA, which is to create or retain 

jobs. 

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’ ’’ 

(‘‘Memorandum’’), 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 same Memorandum 

defines ‘‘satisfactory quality’’ as ‘‘the 

quality of steel, iron or manufactured 

good specified in the project plans and 

designs.’’ 

The Municipal Assistance Unit (CMU) 

has reviewed this waiver request and 

has determined that the supporting 

documentation provided by the District 

establishes both a proper basis to 

specify a particular manufactured good, 

and that the domestically manufactured 

good that is currently available does not 

meet the specifications for the proposed 

project. The information provided is 

sufficient to meet the following criteria 

listed under Section 1605(b) of the 

ARRA and in the April 28, 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 March 31, 2009 Delegation of 

Authority Memorandum provided 

Regional Administrators with the 

temporary 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 Woodlake Tax District is hereby 

granted a waiver from the Buy American 

requirements of Section 1605(a) of 

Public Law 111–5. This waiver permits 

use of ARRA funds for the purchase of 

a non-domestically manufactured 3 inch 

diameter submersible well pump 

documented in District’s waiver request 

submittal dated October 19, 2010. 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: December 10, 2010. 

Ira W. Leighton, 

Acting Regional Administrator, EPA Region 

1—New England. 

[FR Doc. 2010–31894 Filed 12–17–10; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

Sunshine Act Meeting 

FCC to Hold Open Commission Meeting 

Tuesday, December 21, 2010 

The Federal Communications 

Commission will hold an Open Meeting 

on the subjects listed below on Tuesday, 

December 21, 2010, which is scheduled 

to commence at 10:30 a.m. in Room 

TW–C305, at 445 12th Street, SW., 

Washington, DC. 

Item No. Bureau Subject 

1 .............. Public Safety and Homeland Security ................. Title: Framework for Next Generation 911 Deployment. 


jlentini on DSKJ8SOYB1PROD with NOTICES
79376 Federal Register / Vol. 75, No. 243 / Monday, December 20, 2010 / Notices 

Item No. Bureau Subject 

Summary: The Commission will consider a Notice of Inquiry concerning the transition from the current, voice-only 911 system to a broadband-enabled, nextgeneration 911 system. 

2 .............. Wireline Competition and Wireless Tele-communications.Title: Preserving the Open Internet (GN Docket No. 09–191); Broadband Industry Practices (WC Docket No. 07–52). 

Summary: The Commission will consider a Report and Order adopting basic 

rules of the road to preserve the open Internet as a platform for innovation, investment, competition, and free expression. 

The meeting site is fully accessible to 

people using wheelchairs or other 

mobility aids. Sign language 

interpreters, open captioning, and 

assistive listening devices will be 

provided on site. Other reasonable 

accommodations for people with 

disabilities are available upon request. 

In your request, include a description of 

the accommodation you will need and 

a way we can contact you if we need 

more information. Last minute requests 

will be accepted, but may be impossible 

to fill. Send an e-mail to: fcc504@fcc.gov 

or call the Consumer & Governmental 

Affairs Bureau at 202–418–0530 (voice), 

202–418–0432 (tty). 

Additional information concerning 

this meeting may be obtained from 

Audrey Spivack or David Fiske, Office 

of Media Relations, (202) 418–0500; 

TTY 1–888–835–5322. Audio/Video 

coverage of the meeting will be 

broadcast live with open captioning 

over the Internet from the FCC Live Web 

page at http://www.fcc.gov/live. 

For a fee this meeting can be viewed 

live over George Mason University’s 

Capitol Connection. The Capitol 

Connection also will carry the meeting 

live via the Internet. To purchase these 

services call (703) 993–3100 or go to 

http://www.capitolconnection.gmu.edu. 

Copies of materials adopted at this 

meeting can be purchased from the 

FCC’s duplicating contractor, Best Copy 

and Printing, Inc. (202) 488–5300; Fax 

(202) 488–5563; TTY (202) 488–5562. 

These copies are available in paper 

format and alternative media, including 

large print/type; digital disk; and audio 

and video tape. Best Copy and Printing, 

Inc. may be reached by e-mail at 

FCC@BCPIWEB.com. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. 2010–31988 Filed 12–16–10; 4:15 pm] 

BILLING CODE 6712–01–P 

FEDERAL RESERVE SYSTEM 

Change in Bank Control Notices; 

Acquisitions of Shares of a Bank or 

Bank Holding Company 

The notificants listed below have 

applied under the Change in Bank 

Control Act (12 U.S.C. 1817(j)) and 

§ 225.41 of the Board’s Regulation Y (12 

CFR 225.41) to acquire shares of a bank 

or bank holding company. The factors 

that are considered in acting on the 

notices are set forth in paragraph 7 of 

the Act (12 U.S.C. 1817(j)(7)). 

The notices are available for 

immediate inspection at the Federal 

Reserve Bank indicated. The notices 

also will be available for inspection at 

the offices of the Board of Governors. 

Interested persons may express their 

views in writing to the Reserve Bank 

indicated for that notice or to the offices 

of the Board of Governors. Comments 

must be received not later than January 

4, 2011. 

A. Federal Reserve Bank of 

Minneapolis (Jacqueline G. King, 

Community Affairs Officer) 90 

Hennepin Avenue, Minneapolis, 

Minnesota 55480–0291: 

1. Karl J. Breyer, Richard M. Ihrig, and 

Colleen J. Cooper, all in Minneapolis, 

Minnesota; to each acquire voting shares 

of First Advantage Bancshares, Inc., and 

thereby indirectly acquire voting shares 

of First Advantage Bank, both in Coon 

Rapids, Minnesota. 

Board of Governors of the Federal Reserve 

System, December 15, 2010. 

Robert deV. Frierson, 

Deputy Secretary of the Board. 

[FR Doc. 2010–31850 Filed 12–17–10; 8:45 am] 

BILLING CODE 6210–01–P 

FEDERAL RESERVE SYSTEM 

Formations of, Acquisitions by, and 

Mergers of Bank Holding Companies 

The companies listed in this notice 

have applied to the Board for approval, 

pursuant to the Bank Holding Company 

Act of 1956 (12 U.S.C. 1841 et seq.) 

(BHC Act), Regulation Y (12 CFR part 

225), and all other applicable statutes 

and regulations to become a bank 

holding company and/or to acquire the 

assets or the ownership of, control of, or 

the power to vote shares of a bank or 

bank holding company and all of the 

banks and nonbanking companies 

owned by the bank holding company, 

including the companies listed below. 

The applications listed below, as well 

as other related filings required by the 

Board, are available for immediate 

inspection at the Federal Reserve Bank 

indicated. The application also will be 

available for inspection at the offices of 

the Board of Governors. Interested 

persons may express their views in 

writing on the standards enumerated in 

the BHC Act (12 U.S.C. 1842(c)). If the 

proposal also involves the acquisition of 

a nonbanking company, the review also 

includes whether the acquisition of the 

nonbanking company complies with the 

standards in section 4 of the BHC Act 

(12 U.S.C. 1843). Unless otherwise 

noted, nonbanking activities will be 

conducted throughout the United States. 

Unless otherwise noted, comments 

regarding each of these applications 

must be received at the Reserve Bank 

indicated or the offices of the Board of 

Governors not later than January 14, 

2011. 

A. Federal Reserve Bank of Richmond 

(A. Linwood Gill, III, Vice President) 

701 East Byrd Street, Richmond, 

Virginia 23261–4528: 

1. Piedmont Community Bank 

Holdings, Inc., Raleigh, North Carolina; 

to acquire 100 percent of the voting 

shares of Community Bank of Rowan, 

Salisbury, North Carolina. 

B. Federal Reserve Bank of Kansas 

City (Dennis Denney, Assistant Vice 

President) 1 Memorial Drive, Kansas 

City, Missouri 64198–0001: 

1. Commerce Bank and Trust Holding 

Company Employee Stock Ownership 

Plan, Topeka, Kansas; to acquire an 

additional 3.78 percent, for up to 35.8 

percent of the voting shares of 

Commerce Bank and Trust Holding 

Company, and thereby indirectly 

acquire additional voting shares of 

CoreFirst Bank & Trust, both in Topeka, 

Kansas. 


jlentini on DSKJ8SOYB1PROD with NOTICES