Federal Register / Vol. 75, No. 36 / Wednesday, February 24, 2010 / Notices 8351 

documentation provided by the MWRA 

establishes both a proper basis to 

specify a particular manufactured good, 

and that no domestic manufacturer is 

currently available or willing to supply 

that particular manufactured good 

which meets project specifications. 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 a proper basis to 

specify the particular good required for 

this project, that the MWRA has agreed 

to implement a mitigation plan to 

minimize the likelihood of any potential 

ice throws to ensure public safety, and 

that this manufactured good was not 

available from a producer in the United 

States, the MWRA 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 foreign manufactured wind turbine 

documented in MWRA’s waiver request 

submittal dated November 19, 2009. 

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: February 11, 2010. 

Ira Leighton, 

Acting Regional Administrator, EPA Region 

1—New England. 

[FR Doc. 2010–3703 Filed 2–23–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9117–4] 

Notice of a Regional Project Waiver of 

Section 1605 (Buy American) of the 

American Recovery and Reinvestment 

Act of 2009 (ARRA) to the Old Town 

Water District in Old Town, ME 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: The EPA is hereby granting a 

waiver of the Buy America requirements 

of ARRA Section 1605 under the 

authority of Section 1605(b)(1) 

[inconsistent with the public interest] to 

the Old Town Water District (‘‘Town’’) in 

Old Town, Maine for the purchase of 

GreensandPlus pressure filter media, 

manufactured in Brazil, for two of the 

12 foot diameter filters. This is a project 

specific waiver and only applies to the 

use of the specified product for the 

ARRA project being proposed. Any 

other ARRA recipient that wishes to use 

the same product must apply for a 

separate waiver based on project 

specific circumstances. The Town 

evaluated three different types of 

pressure filter media during a pilot test 

in April of 2008 and, well before the 

enactment of ARRA, selected 

GreensandPlus filter media. The media 

was purchased for the first two of four 

filter beds in October 2008, when the 

price of the media was determined for 

all four beds. The media was installed 

in two of the filter beds in January 2009. 

The ARRA funded project is for the 

other two filter beds in the Old Town 

Water District system. If an alternate 

domestic filter media were to be 

installed in the remaining two filter 

beds, the Maine Drinking Water 

Program would require replacement of 

the underdrain and associated piping, 

which would increase the cost of the 

project from $40,019 to $86,405. Based 

upon information submitted by the 

Town, its consulting engineer, and the 

Maine Department of Health and 

Human Services (MEDHHS), EPA has 

concluded that, under these 

circumstances, requiring the installation 

of an alternative domestic filter media 

would be inconsistent with the public 

interest, and that a waiver of the Buy 

American provisions is justified. The 

Regional Administrator is making this 

determination based on the review and 

recommendations of the Municipal 

Assistance Unit. The Assistant 

Administrator of the Office of 

Administration and Resources 

Management has concurred on this 

decision to make an exception to the 

requirements of Section 1605(a) of 

ARRA. This action permits the purchase 

of GreensandPlus pressure filter media, 

as specified in its November 7, 2009 

request. 

DATES: Effective Date: February 12, 

2010. 

FOR FURTHER INFORMATION CONTACT: 

Katie Connors, Environmental Engineer, 

(617) 918–1658, or, David Chin, 

Environmental Engineer, (617) 918– 

1764, Municipal Assistance Unit (CMU), 

Office of Ecosystem Protection (OEP), 

U.S. EPA, 5 Post Office Square, Suite 

100, Boston, MA 02109–3912. 

SUPPLEMENTARY INFORMATION: In 

accordance with ARRA Section 1605(c), 

the EPA hereby provides notice that it 

is granting a project waiver of the 

requirements of Section 1605(a) of 

Public Law 111–5, Buy American 

requirements, to the Old Town Water 

District (Town) in Old Town, Maine for 

the purchase of non-domestic 

GreensandPlus pressure filter media for 

two 12 foot diameter filters. EPA has 

evaluated the Town’s basis for 

procuring the GreensandPlus pressure 

filter media for these filters. Based on 

the information provided by the 

applicant and the State of Maine, EPA 

has determined that it is inconsistent 

with the public interest for the Town to 

pursue the purchase of domestically 

manufactured filter media. 

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 a public works project 

unless all of the iron, steel, and 

manufactured goods used in the project 

is produced in the United States, or 

unless a waiver is provided to the 

recipient by the head of the appropriate 

agency, here the EPA. A waiver may be 

provided under Section 1605(b) if EPA 

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. 

The Town is requesting a waiver of 

the Buy American provision for the 

GreensandPlus filter media for two 12 

foot diameter filters. At the Town’s 

water treatment plant, there are four 

filter beds. In April of 2008, the Town 

performed a pilot study of three 

different pressure filter media. Well 

before the enactment of ARRA, they 

selected GreensandPlus media—which 

is manufactured in Brazil—because it 

was more appropriate for the 

configuration of the Old Town Water 

District system. The GreensandPlus 

media was purchased for the first two 

filter beds in October 2008, when the 

price was locked in for all four filter 

beds. The media was installed in 

January 2009 for the first of the filter 

beds. The ARRA funded project to the 

Town is for the installation of the 

GreensandPlus media for iron and 


pwalker on DSK8KYBLC1PROD with NOTICES
8352 Federal Register / Vol. 75, No. 36 / Wednesday, February 24, 2010 / Notices 

manganese removal in the remaining 

two filter beds. 

Detailed evaluation of all of the 

submitted documentation by, and 

extensive discussions among EPA’s 

technical review team, the EPA program 

office, and EPA’s national contractor 

established that the Maine Drinking 

Water Program, in the MEDHHS, would 

require replacement of the existing 

underdrain and associated piping if 

either of the other two filter media that 

were pilot tested—one of which may be 

domestically-produced—were used in 

the project. This would result in an 

increase in the project cost from $40,019 

to $86,405 for the two filter beds. Due 

to the existing backwash piping 

configuration, a lower backwash rate is 

needed which could be attained by the 

GreensandPlus filter media without 

replacement of the underdrain or 

piping. 

The Maine Drinking Water Program is 

the primary enforcement authority 

responsible for ensuring that all Public 

Water Systems (PWS) in the State 

regulated under the Safe Drinking Water 

Act comply with all National Primary 

Drinking Water Regulations (NPDWR). 

Implementation of the determination by 

such an authority that specific facility 

configurations or operating conditions 

are required for compliance with 

NPDWRs is obligatory for a PWS. 

Thus, the use of domestic filter media 

would require replacement of the 

underdrain and associated piping which 

would double the cost of the project. In 

addition, the evaluation of the 

supporting documentation also 

demonstrated that the foreign filter 

media will be able to meet the proposed 

project design and specifications with 

no additional cost to the Town. 

Furthermore, the purpose of the 

ARRA is to stimulate economic recovery 

by funding current infrastructure 

construction, not to delay or require the 

substantial redesign of projects that are 

‘‘shovel ready,’’ such as this project of 

the Old Town Water District. The 

imposition of ARRA Buy American 

requirements in this case would result 

in unreasonable additional cost for this 

project and substantial delay in its 

completion. Such delay would also 

directly conflict with a fundamental 

economic purpose of ARRA, which is to 

create or retain jobs. 

The Municipal Assistance Unit (CMU) 

has reviewed this waiver request and 

has determined that the supporting 

documentation provided by the Town 

established a proper basis to specify that 

using the domestic manufactured good 

would be inconsistent with the public 

interest of the Town. The MEDHHS 

concluded that using a domestic filter 

media would require replacement of the 

underdrain and associated piping and 

subsequently significantly increase the 

project cost. The information provided 

is sufficient to meet the following 

criteria listed under Section 1605(b)(1) 

of the ARRA and in the April 28, 2009 

Memorandum: Applying these 

requirements would be inconsistent 

with the public interest. 

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 using 

a domestically available alternative 

manufactured good would be 

inconsistent with the public interest of 

the Town, the Old Town Water 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 GreensandPlus filter 

media for two 12 foot diameter filters 

documented in the Town’s waiver 

request submittal dated November 9, 

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. 

Dated: February 12, 2010. 

Ira Leighton, 

Acting Regional Administrator, EPA Region 

1—New England. 

[FR Doc. 2010–3735 Filed 2–23–10; 8:45 am] 

BILLING CODE 6560–50–P 

EXPORT-IMPORT BANK OF THE U.S. 

[Public Notice 139] 

Agency Information Collection 

Activities: Final Collection; Comment 

Request 

AGENCY: Export-Import Bank of the U.S. 

ACTION: Submission for OMB review and 

comments request. 

FORM TITLE: Report of Premiums Payable 

for Financial Institutions Only (EIB 92– 

30). 

SUMMARY: The Export-Import Bank of 

the United States (Ex-Im Bank), as a part 

of its continuing effort to reduce 

paperwork and respondent burden, 

invites the general public and other 

Federal Agencies to comment on the 

proposed information collection, as 

required by the Paperwork Reduction 

Act of 1995. 

We have made the following changes 

to this application: 

a. Under ‘‘Obligo Types’’ we have 

added ‘‘Financial Institution’’ as an 

option; 

b. Under ‘‘Obligo Types’’ we have 

deleted ‘‘Eximbank Sole Risk’’ as an 

option; 

c. Under ‘‘Terms’’ we have added 

‘‘CAD or SDDP’’; 

d. Under ‘‘Terms’’ we have deleted 

‘‘Sight Payments (non-letter of credit)’’; 

e. Under ‘‘Terms’’ we have changed 

‘‘1–60 Days’’ to ‘‘1–30 Days’’ as an option; 

f. Under ‘‘Terms’’ we have added ‘‘31– 

60 Days’’ as an option; 

g. Under ‘‘Terms’’ we have changed 

‘‘61–120 Days’’ to ‘‘61–90 Days’’ as an 

option; and 

h. Under ‘‘Terms’’ we have added ‘‘91– 

120 Days’’ as an option. 

Our customers will be able to submit 

this form on paper or electronically. The 

information collected enables the 

applicant to provide Ex-Im Bank with 

the information necessary to record 

custom utilization and management 

prospective insurance liability relative 

to risk premiums received. 

DATES: Comments should be received on 

or before (60 days after publication) to 

be assured of consideration. 

ADDRESSES: Comments may be 

submitted electronically on http:// 

www.regulations.gov or by mail to 

Arnold Chow, Export-Import Bank of 

the United States, 811 Vermont Ave., 

NW., Washington, DC 20571. 

SUPPLEMENTARY INFORMATION: 

Titles and Form Number: EIB 92–30. 

Report of Premiums Payable for 

Financial Institutions Only. 

OMB Number: 3048–0021. 

Type of Review: Regular. 

Need and Use: The information 

collected enables the applicant to 

provide Ex-Im Bank with the 

information necessary to record custom 

utilization and management prospective 

insurance liability relative to risk 

premiums received. 

Affected Public: This form affects 

entities involved in the export of U.S. 

goods and services. 

Annual Number of Respondents: 150. 

Estimated Time per Respondent: 15 

minutes. 

Government Annual Burden Hours: 

450. 

Frequency of Reporting or Use: 

Monthly. 

Sharon A. Whitt, 

Agency Clearance Officer. 

[FR Doc. 2010–3646 Filed 2–23–10; 8:45 am] 

BILLING CODE 6690–01–P 


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