45438 Federal Register / Vol. 74, No. 169 / Wednesday, September 2, 2009 / Notices 

0605. Deliveries are only accepted from 

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

Friday, excluding legal holidays. 

Special arrangements should be made 

for deliveries of boxed information. 

Instructions: Direct your comments to 

Docket ID No. EPA–HQ–ORD–2009– 

0605. Please ensure that your comments 

are submitted within the specified 

comment period. Comments received 

after the closing date will be marked 

‘‘late’’ and may only be considered if 

time permits. EPA’s policy is that all 

comments received will be included in 

the public docket without change. These 

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 by statute 

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 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. For additional information 

about EPA’s public docket, visit the EPA 

Docket Center’s homepage at http:// 

www.epa.gov/epahome/dockets.htm. 

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 copyrighted 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 EPA Docket Center (EPA/ 

DC), Room 3334, EPA West Building, 

1301 Constitution Avenue, NW., 

Washington, DC 20460. The 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 ORD Docket is (202) 

566–1752. 

FOR FURTHER INFORMATION CONTACT: 

Seema Schappelle, Risk Assessment 

Forum, Mail Code 8105R, 

Environmental Protection Agency, 1200 

Pennsylvania Avenue, NW., 

Washington, DC 20460; telephone 

number: (202) 564–3372; fax number: 

(202) 564–2070, E-mail: 

schappelle.seema@epa.gov. 

SUPPLEMENTARY INFORMATION: Dioxin 

and dioxin like compounds (DLCs), 

including polychlorinated dibenzodioxins (PCDDs), polychlorinated 

dibenzofurans (PCDFs), and 

polychlorinated biphenyls (PCBs), are 

structurally and toxicologically related 

halogenated dicyclic aromatic 

hydrocarbons. Dioxins and DLCs are 

released into the environment from 

several industrial sources, including 

chemical manufacturing, combustion, 

and metal processing. There is global 

contamination of air, soil and water 

with trace levels of these compounds 

that typically occur in the environment 

as chemical mixtures. Dioxins and DLCs 

do not readily degrade; therefore, levels 

persist in the environment, build up in 

the food chain and accumulate in the 

tissues of animals. Human exposures to 

these compounds occur primarily 

through eating contaminated foods. The 

health effects from exposures to dioxins 

and DLCs have been documented 

extensively in toxicological and 

epidemiological studies. 

Risk assessments have relied on the 

dioxin toxicity equivalence factors 

(TEFs) approach. Various stakeholders, 

inside and outside the Agency, have 

called for a more comprehensive 

characterization of risks; therefore, 

EPA’s Risk Assessment Forum (RAF), 

located in the Office of the Science 

Advisor, identified a need to examine 

the recommended approach for 

application of the toxicity equivalence 

methodology in human health risk 

assessments. An RAF Technical Panel 

developed the draft guidance document, 

‘‘Recommended Toxicity Equivalency 

Factors (TEFs) for Human Health Risk 

Assessments of Dioxin and Dioxin-Like 

Compounds,’’ to assist EPA scientists in 

using this methodology to assess health 

risks from dioxins and dioxin-like 

compounds, as well as inform EPA 

decision makers, other agencies, and the 

public about this methodology. EPA is 

currently addressing several issues 

related to dioxins and dioxin-like 

chemicals in the environment. More 

information on these activities is located 

at: http://cfpub.epa.gov/ncea/CFM/ 

nceaQFind.cfm?keyword=Dioxin. 

Dated: August 26, 2009. 

Kevin Teichman, 

Acting EPA Science Advisor. 

[FR Doc. E9–21194 Filed 9–1–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–8951–1] 

Notice of a Project Waiver of Section 

1605 (Buy American Requirement) of 

the American Recovery and 

Reinvestment Act of 2009 (ARRA) to 

the Utah Division of Wildlife Resources 

(UDWR) 

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 UDWR 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 UDWR’s performance 

specifications and requirements. The 

Acting Regional Administrator is 

making this determination based on the 

review and recommendations of EPA 

Region 8’s Technical & Financial 

Services Unit. The UDWR 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 Strawberry River 

Restoration Project being implemented 

by the UDWR that may otherwise be 

prohibited under Section 1605(a) of the 

ARRA. 

DATES: Effective Date: July 25, 2009. 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 74, No. 169 / Wednesday, September 2, 2009 / Notices 45439 

FOR FURTHER INFORMATION CONTACT: Jody 

Ostendorf, ARRA 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 UDWR 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 

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 ‘‘Strawberry River 

Restoration Project,’’ a stream 

stabilization project in Utah. The UDWR 

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 in-stream life 

expectancy followed by 100% 

biodegradation, and visually 

unobtrusive properties. UDWR 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 section 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 UDWR’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 UDWR 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 July 

21, 2009 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 UDWR 

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 UDWR’s 

performance specifications and 

requirements, a waiver from the Buy 

American requirement is justified. 

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 UDWR 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 

UDWR’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: Public Law 111–5, section 

1605. 


jlentini on DSKJ8SOYB1PROD with NOTICES
45440 Federal Register / Vol. 74, No. 169 / Wednesday, September 2, 2009 / Notices 

1 74 FR 32931 (Jul. 9, 2009) 

Dated: August 20, 2009. 

Andrew M. Gaydosh, 

Acting Regional Administrator, Region 8. 

[FR Doc. E9–20801 Filed 9–1–09; 8:45 am] 

BILLING CODE 6560–50–P 

FARM CREDIT ADMINISTRATION 

Farm Credit Administration Board; 

Regular Meeting 

AGENCY: Farm Credit Administration. 

SUMMARY: Notice is hereby given, 

pursuant to the Government in the 

Sunshine Act (5 U.S.C. 552b(e)(3)), of 

the regular meeting of the Farm Credit 

Administration Board (Board). 

Date and Time: The regular meeting 

of the Board will be held at the offices 

of the Farm Credit Administration in 

McLean, Virginia, on September 10, 

2009, from 9 a.m. until such time as the 

Board concludes its business. 

FOR FURTHER INFORMATION CONTACT: 

Roland E. Smith, Secretary to the Farm 

Credit Administration Board, (703) 883– 

4009, TTY (703) 883–4056. 

ADDRESSES: Farm Credit 

Administration, 1501 Farm Credit Drive, 

McLean, Virginia 22102–5090. 

SUPPLEMENTARY INFORMATION: Parts of 

this meeting of the Board will be open 

to the public (limited space available), 

and parts will be closed to the public. 

In order to increase the accessibility to 

Board meetings, persons requiring 

assistance should make arrangements in 

advance. The matters to be considered 

at the meeting are: 

Open Session 

A. Approval of Minutes 

• August 13, 2009. 

B. New Business 

• Fall 2009 Abstract of the Unified 

Agenda of Federal Regulatory and 

Deregulatory Actions and Fall 2009 

Regulatory Performance Plan. 

Closed Session* 

A. Reports 

• Office of Secondary Market 

Oversight Quarterly Report. 

B. New Business 

• Supervisory Actions. 

Dated: August 28, 2009. 

Roland E. Smith, 

Secretary, Farm Credit Administration Board. 

*Session Closed—Exempt pursuant to 

5 U.S.C. 552b(c)(8) and (9). 

[FR Doc. E9–21291 Filed 8–31–09; 4:15 pm] 

BILLING CODE 6705–01–P 

FEDERAL DEPOSIT INSURANCE 

CORPORATION 

RIN 3064–AD47 

Final Statement of Policy on 

Qualifications for Failed Bank 

Acquisitions 

AGENCY: Federal Deposit Insurance 

Corporation (FDIC). 

ACTION: Final statement of policy. 

SUMMARY: The FDIC is issuing a Final 

Statement of Policy on Qualifications 

for Failed Bank Acquisitions (Final 

Statement). This Final Statement 

provides guidance to private capital 

investors interested in acquiring or 

investing in failed insured depository 

institutions regarding the terms and 

conditions for such investments or 

acquisitions. 

DATES: Effective Date: August 26, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Catherine Topping, Counsel, Legal 

Division, (202) 898–3975 or 

ctopping@fdic.gov, Charles A. Fulton, 

Counsel, Legal Division, (703) 562–2424 

or chfulton@fdic.gov, Lisa Arquette, 

Associate Director, (202) 898–8633 or 

larquette@fdic.gov, or Mindy West, 

Chief, Policy and Program Development, 

Division of Supervision and Consumer 

Protection, (202) 898–7221 or 

miwest@fdic.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On July 9, 2009, the FDIC published 

for comment a Proposed Statement of 

Policy on Qualifications for Failed Bank 

Acquisitions (Proposed Policy 

Statement) with a 30-day comment 

period to provide guidance to private 

capital investors interested in acquiring 

the deposit liabilities, or both such 

liabilities and assets, of failed insured 

depository institutions regarding the 

terms and conditions for such 

investments or acquisitions.1 After 

carefully reviewing and considering all 

comments, the FDIC has adopted certain 

revisions and clarifications to the 

Proposed Policy Statement (as discussed 

in Part III) in the Final Statement. 

The FDIC is aware of the need for 

additional capital in the banking system 

and the contribution that private equity 

capital could make to meeting this need 

provided this contribution is consistent 

with basic concepts applicable to the 

ownership of insured depository 

institutions that are contained in the 

established banking laws and 

regulations. The preamble to the 

Proposed Policy Statement explained 

that in view of the increased number of 

bank and thrift failures and the increase 

in interest by private capital investors in 

acquiring insured depository 

institutions in receivership, the FDIC 

determined to issue, in proposed form, 

guidance to potential acquirers. In 

developing the Proposed Policy 

Statement, the FDIC sought to establish 

the proper balance in a number of 

important areas including the level of 

capital required for these de novo 

institutions and whether these owners 

would be a source of strength to the 

banks and thrifts in which they have 

invested. The FDIC also considered the 

important policy issues raised by the 

structure of investments in insured 

depository institutions, particularly 

with respect to their compliance with 

the requirements applied by the FDIC in 

its decision on the granting of deposit 

insurance and with the statutes and 

regulations aimed at assuring the safety 

and soundness of insured depository 

institutions and protecting the Deposit 

Insurance Fund (‘‘DIF’’). 

In the Introduction to the Proposed 

Policy Statement, the FDIC set forth its 

reasons for adopting a policy on private 

capital participating in the acquisition 

of or investment in failed insured 

depository institutions. In part, the 

Introduction stated: 

Capital investments by individuals and 

limited liability companies acting through 

holding companies operating within a well 

developed prudential framework has long 

been the dominant form of ownership of 

insured depository institutions. From the 

perspective of the FDIC’s interest as insurer 

and supervisor of insured depository 

institutions, this framework has included, in 

particular, measures aimed at maintaining 

well capitalized bank and thrift institutions, 

support for these banks when they face 

difficulties, and protections against insider 

transactions. The ability of the owners to 

provide financial support to depository 

institutions with adequate capital and 

management expertise are essential 

safeguards. These safeguards are particularly 

appropriate for owners of insured depository 

institutions given the important benefits 

conferred on depository institutions by 

deposit insurance. 

* * * The FDIC is also aware that new 

banks, regardless of their investor 

composition, pose an elevated risk to the 

deposit insurance fund since they generally 

lack a core base of business, a proven track 

record in the banking industry, and are 

vulnerable to significant losses in the early 

years of incorporation. 

The FDIC is of the view that private capital 

participation in the acquisition of the deposit 

liabilities, or both such liabilities and assets, 

from a failed depository institution in 

receivership should be consistent with the 

foregoing basic elements of insured 

depository institution ownership. * * * 


jlentini on DSKJ8SOYB1PROD with NOTICES