Federal Register / Vol. 74, No. 166 / Friday, August 28, 2009 / Notices 44361 

significant weaknesses in the 

justification provided. The report 

confirmed the waiver applicants’ claim 

that NSF Standard 55 Class A UV 

disinfection equipment of the size 

specified are not available from a 

domestic manufacturer. 

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 these Water Systems, 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 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 construction must be 

completed prior to September 1, 2009 

when the students return for the new 

school year. 

The Municipal Assistance Unit (CMU) 

has reviewed these waiver requests and 

has determined that the supporting 

documentation provided by the Bristol 

Family Center in Bristol, Vermont, the 

Kids in the Country School in Dover, 

Vermont, and the Otter Valley Union 

High School in Brandon, Vermont 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 these project waivers 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 

Systems’ technical 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 

these projects, and that this 

manufactured good was not available 

from a producer in the United States, 

the Bristol Family Center Water System, 

Kids in the Country Water System, and 

Otter Valley Union High School Water 

System are hereby granted waivers from 

the Buy American requirements of 

Section 1605(a) of Public Law 111–5 for 

the purchase of the specified UV 

disinfection equipment using ARRA 

funds as documented in the Systems’ 

requests of June 18, 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: August 19, 2009. 

Ira W. Leighton, 

Acting Regional Administrator, Region I, New 

England. 

[FR Doc. E9–20800 Filed 8–27–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–8950–7] 

Notice of a Regional Project Waiver of 

Section 1605 (Buy American) of the 

American Recovery and Reinvestment 

Act of 2009 (ARRA) to the Plymouth 

Village Water & Sewer District, New 

Hampshire 

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)(2) 

[manufactured goods are not produced 

in the United States in sufficient and 

reasonably available quantities and of a 

satisfactory quality] to the Plymouth 

Village Water & Sewer District, New 

Hampshire (‘‘District’’) for the purchase 

of a foreign manufactured rotary sludge 

dewatering press. 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 District’s 

proposed wastewater treatment facility 

improvements will include a 

replacement of the existing belt filter 

press for sludge generated at the plant. 

Based upon information submitted by 

the District and its consultants, it was 

determined that a 6 channel rotary press 

sludge dewatering unit, manufactured 

by Fournier Industries of Quebec, 

Canada, will meet the District’s design 

and performance specifications. The 

Acting Regional Administrator is 

making this determination based on the 

review and recommendations of the 

Municipal Assistance Unit. The District 

through its design engineer, has 

provided sufficient documentation to 

support their 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 a 6 channel 

rotary press sludge dewatering unit, 

manufactured by Fournier Industries, by 

the District, as specified in its June 26, 

2009 waiver request, as part of the 

improvements to the wastewater 

treatment facility. 

DATES: Effective Date: August 17, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Mark Spinale, Environmental Engineer, 

(617) 918–1547, or Katie Connors, 

Environmental Engineer, (617) 918– 

1658, Municipal Assistance Unit (CMU), 

Office of Ecosystem Protection (OEP), 

U.S. EPA, One Congress Street, CMU, 

Boston, MA 02114. 

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 Sections 1605(b)(2) of 

Public Law 111–5, Buy American 

requirements, to the Plymouth Village 

Water & Sewer District (‘‘District’’), New 

Hampshire for the purchase of a 6 

channel rotary press sludge dewatering 

unit, manufactured by Fournier 

Industries of Quebec, Canada. It has 

been determined that this rotary press 

meets the District’s technical 

specifications for design and 

performance of a sludge dewatering unit 

as part of its wastewater treatment plant 

improvement project. Based on the 

information provided by the applicant, 

there are no domestically manufactured 

rotary sludge presses at this time that 

meet the specific design criteria 

established for this unit in the District’s 

project. 

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 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 if EPA 

determines that (1) applying these 

requirements would be inconsistent 


hsrobinson on DSK69SOYB1PROD with NOTICES
44362 Federal Register / Vol. 74, No. 166 / Friday, August 28, 2009 / Notices 

with 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 District has requested a waiver 

from the Buy American Provision for 

the purchase of a foreign made rotary 

press sludge dewatering unit as part of 

its wastewater treatment plant 

improvement project. The purchase of 

the new rotary sludge press is intended 

to replace the existing belt filter press 

which is approaching the end of its 

useful life. The estimated cost of the 

overall improvements to the District’s 

wastewater treatment plant is estimated 

at $5.2 million, of which the cost of the 

foreign made rotary sludge press unit is 

priced at $330,000. 

The consulting engineers for the 

District set forth the following key 

criteria for evaluating sludge dewatering 

technologies. The various technologies 

were evaluated based on the ability to: 

• Maintain the current annual average 

dewatered sludge cake solids of 

approximately 25% or higher. 

• Improve environmental working 

conditions in the dewatering area by 

minimizing worker exposure to odorous 

and hazardous gases released from the 

sludge as well as exposure to bioaerosols and pathogens. Enclosed 

dewatering equipment will achieve this 

goal. 

• Automatically adjust for variation 

in feed solids concentrations and sludge 

mix ratios to provide consistent and 

optimum cake solids. 

• Allow for unattended, automatic 

operation freeing up operators for other 

needed tasks. 

• Keep the dewatering operation as 

simple as possible while still 

maintaining optimum dewatering 

performance. 

• Allow for some degree of backup 

capacity during periods of equipment 

failure and routine maintenance. 

• Equipment must have a proven 

track record of low annual operation 

and maintenance costs and reliability. 

As part of the review of potentially 

viable sludge dewatering units, four 

technologies were considered by the 

District and their consultants: (1) Rotary 

press; (2) screw press; (3) centrifuge; 

and (4) belt filter press. Of the four 

technologies, it was determined that the 

rotary sludge press is the desired 

technology because it ranked the highest 

in terms of meeting the key criteria 

highlighted above. The rotary press 

option, for example, has one of the 

lowest maintenance requirements due to 

the slow rotational speed, and has one 

of the highest degrees of redundancy. 

Low rotational speeds results in less 

susceptibility to wear from high grit 

sludge. 

The rotary press would have six 

parallel channels on-line with the 

ability to take one or two channels offline for maintenance without having to 

disrupt treatment operation. The rotary 

press option also represented the lowest 

capital cost option that met the District’s 

goals and current and future throughput 

capacity of 220 pounds/hour per 

channel for a total capacity of 1,100 

pounds per hour, with one additional 

channel available for redundancy 

purposes. 

The technical memorandum prepared 

by the District’s consulting engineers 

indicates that the rotary press 

technology has been use in the 

Canadian market for a number of years. 

The technical memorandum further 

indicates that of the other manufacturers 

that have similar dewatering units, 

Fournier Industries is considered the 

only rotary press manufacturer that 

meets the design specifications for this 

proposed project. The project 

specification requires that ‘‘the rotary 

press shall have the capacity to have 6 

channels mounted on the drive shaft 

with 3 on each side. The sludge shall be 

continuous feed, and the unit built to 

operate continuously.’’ The 

specifications also state that ‘‘the 

dewatering equipment shall be capable 

of hydraulic flow capacity range of 5 to 

15 gpm per channel, or for a 6 channel 

unit, 30 to 90 gpm of 3.0 to 5.0% 

thickened sludge.’’ 

Based on the review of available 

information, there is only one domestic 

manufacturer of similar rotary type 

presses for municipal sludge. However, 

this manufacturer only produces 1 and 

2 channel rotary fan presses and 

currently cannot meet the design 

specifications required by this proposed 

project. 

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 District has requested a waiver of 

the ARRA Buy American provisions on 

the basis of unavailability of a U.S. 

manufactured product that will meet the 

design and performance criteria 

specified for this sludge dewatering 

unit. The evaluation of all of the 

submitted documentation by EPA’s 

technical review team supports the 

District’s claim that at this time no 

domestic manufacturer can provide a 

suitable rotary sludge dewatering press 

which meets the specifications for this 

unit. Based on the information 

available, and to the best of our 

knowledge, there do not appear to be 

other rotary press sludge dewatering 

units manufactured in the United States 

that are available at this time to meet the 

District’s design specifications and 

performance requirements for this unit. 

Furthermore, the purpose of the 

ARRA is to stimulate economic recovery 

by funding current infrastructure 

construction, not to delay projects that 

are already ‘‘shovel ready’’ by requiring 

SRF eligible recipients such as the 

District to revise their design standards 

and specifications. The imposition of 

ARRA Buy American requirements in 

this case would result in unreasonable 

delay for this project. To delay this 

construction would 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 District 

established both a proper basis to 

specify the particular good required and 

that this manufactured good was not 

available from a producer in the United 

States able to meet the design 

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 

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, 


hsrobinson on DSK69SOYB1PROD with NOTICES
Federal Register / Vol. 74, No. 166 / Friday, August 28, 2009 / Notices 44363 

the 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 the specified 

Fournier Industries 6 channel rotary 

press sludge dewatering unit 

documented in District’s waiver request 

submittal dated June 26, 2009 as part of 

its wastewater treatment plant 

improvements. 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: August 17, 2009. 

Ira W. Leighton, 

Acting Regional Administrator, EPA Region 

1—New England. 

[FR Doc. E9–20798 Filed 8–27–09; 8:45 am] 

BILLING CODE 6560–50–P 

EXPORT-IMPORT BANK OF THE 

UNITED STATES 

Notice of Open Meeting of the 

Advisory Committee of the ExportImport Bank of the United States (ExIm Bank) 

SUMMARY: The Advisory Committee was 

established by Public Law 98–181, 

November 30, 1983, to advise the 

Export-Import Bank on its programs and 

to provide comments for inclusion in 

the reports of the Export-Import Bank of 

the United States to Congress. 

Time and Place: Wednesday, 

September 9, 2009 from 9:30 a.m. to 12 

p.m. The meeting will be held at Ex-Im 

Bank in the Main Conference Room 

1143, 811 Vermont Avenue, NW., 

Washington, DC 20571. 

Agenda: Agenda items include a short 

summary of the Bank’s recent activities, 

plus reports from the two 

Subcommittees of the 2009 Advisory 

Committee members. 

Public Participation: The meeting will 

be open to public participation, and the 

last 10 minutes will be set aside for oral 

questions or comments. Members of the 

public may also file written statement(s) 

before or after the meeting. If you plan 

to attend, a photo ID must be presented 

at the guard’s desk as part of the 

clearance process into the building, and 

you may contact Susan Houser to be 

placed on an attendee list. If any person 

wishes auxiliary aids (such as a sign 

language interpreter) or other special 

accommodations, please contact, prior 

to September 5, 2009, Susan Houser, 

Room 1273, 811 Vermont Avenue, NW., 

Washington, DC 20571, Phone: (202) 

565–3232. 

FOR FURTHER INFORMATION CONTACT: 

Susan Houser, Room 1273, 811 Vermont 

Ave., NW., Washington, DC 20571, (202) 

565–3232. 

Jonathan Cordone, Sr., 

Vice President and General Counsel. 

[FR Doc. E9–20707 Filed 8–27–09; 8:45 am] 

BILLING CODE 6690–01–M 

FEDERAL DEPOSIT INSURANCE 

CORPORATION 

Agency Information Collection 

Activities: Submission for OMB 

Review; Comment Request 

AGENCY: Federal Deposit Insurance 

Corporation (FDIC). 

ACTION: Notice of information 

collections to be submitted to OMB for 

review and approval under the 

Paperwork Reduction Act of 1995. 

SUMMARY: In accordance with the 

requirements of the Paperwork 

Reduction Act of 1995 (44 U.S.C. 

chapter 35), the FDIC hereby gives 

notice that it plans to submit to the 

Office of Management and Budget 

(OMB) a request for OMB review and 

renewal of the collections of 

information described below. 

DATES: Comments must be submitted on 

or before September 28, 2009. 

ADDRESSES: Interested parties are 

invited to submit written comments to 

the FDIC by any of the following 

methods: 

• http://www.FDIC.gov/regulations/ 

laws/federal/notices.html. 

• E-mail: comments@fdic.gov Include 

the name of the collection in the subject 

line of the message. 

• Mail: Leneta G. Gregorie (202–898– 

3719), Counsel, Room F–1064, Federal 

Deposit Insurance Corporation, 550 17th 

Street, NW., Washington, DC 20429. 

• Hand Delivery: Comments may be 

hand-delivered to the guard station at 

the rear of the 17th Street Building 

(located on F Street), on business days 

between 7 a.m. and 5 p.m. 

All comments should refer to the 

relevant OMB control number. A copy 

of the comments may also be submitted 

to the OMB desk officer for the FDIC: 

Office of Information and Regulatory 

Affairs, Office of Management and 

Budget, New Executive Office Building, 

Washington, DC 20503. 

FOR FURTHER INFORMATION CONTACT: 

Leneta Gregorie, at the address 

identified above. 

SUPPLEMENTARY INFORMATION: Proposal 

to renew the following currently 

approved collections of information: 

1. Title: Application Pursuant to 

section 19 of the Federal Deposit 

Insurance Act. 

OMB Number: 3064–0018. 

Form Number: FDIC 6710/07. 

Frequency of Response: On occasion. 

Affected Public: Insured depository 

institutions. 

Estimated Number of Respondents: 

22. 

Estimated Time per Response: 16 

hours. 

Total Annual Burden: 352 hours. 

General Description of Collection: 

Section 19 of the Federal Deposit 

Insurance Act (FDI), 12 U.S.C. 1829, 

requires the FDIC’s consent prior to any 

participation in the affairs of an insured 

depository institution by a person who 

has been convicted of crimes involving 

dishonesty or breach of trust. To obtain 

that consent, an insured depository 

institution must submit an application 

to the FDIC for approval on Form FDIC 

6710/07. 

2. Title: Procedures for Monitoring 

Bank Protection Act Compliance. 

OMB Number: 3064–0095. 

Form Numbers: None. 

Frequency of Response: On occasion. 

Affected Public: Insured state 

nonmember banks. 

Estimated Number of Respondents: 

5,110. 

Estimated Time per Response: 0.5 

hours. 

Total Annual Burden: 2,555 hours. 

General Description of Collection: The 

Bank Protection Act of 1968 (12 U.S.C. 

1881–1884) requires each Federal 

supervisory agency to promulgate rules 

establishing minimum standards for 

security devices and procedures to 

discourage financial crime and to assist 

in the identification of persons who 

commit such crimes. To avoid the 

necessity of constantly updating a 

technology-based regulation, the FDIC 

takes a flexible approach to 

implementing this statute. It requires 

each insured nonmember bank to 

designate a security officer who will 

administer a written security program. 

The security program shall: (1) Establish 

procedures for opening and closing for 

business and for safekeeping valuables; 

(2) establish procedures that will assist 

in identifying persons committing 

crimes against the bank; (3) provide for 

initial and periodic training of 

employees in their responsibilities 

under the security program; and (4) 

provide for selecting, testing, operating 

and maintaining security devices as 

prescribed in the regulation. In addition, 

the FDIC requires the security officer to 


hsrobinson on DSK69SOYB1PROD with NOTICES