Federal Register / Vol. 74, No. 168 / Tuesday, September 1, 2009 / Notices 45203 

sound and cost effective solution. The 

MBR is an advance waste water 

treatment process which is designed to 

meet the high quality effluent 

requirements of the waste load 

allocation under the NPDES permit. In 

addition, in anticipation of procuring 

the MBR system, Cape Charles has 

already incorporated specific technical 

design requirements for installation of 

membrane filter cassettes with the MBR 

treatment process at their WWTP, 

including specific tankage footprint, 

geometry and configuration. To require 

Cape Charles to redesign its project 

would cause an unacceptable delay to 

the initiation of construction. 

Cape Charles has provided 

information to the EPA demonstrating 

that there are no membrane filtration 

cassettes manufactured in the United 

States in sufficient and reasonable 

quantity and of a satisfactory quality to 

meet the required technical 

specification. Cape Charles surveyed 

forty membrane manufacturers as part of 

its market research to locate domestic 

manufacturers of membrane filtration 

cassettes for WWTPs. It was unable to 

locate any domestic manufacturers. 

Most were unacceptable because their 

membrane products were not designed 

for domestic wastewater treatment 

plants. The remaining manufacturers 

either manufacture membrane materials 

without providing a package system 

similar to the system specified or were 

foreign manufacturers. 

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.’’ Cape Charles has 

incorporated specific technical design 

requirements for installation of 

membrane filtration cassettes at its 

WWTP. 

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 

communities, such as Cape Charles, to 

revise their standards and 

specifications, institute a new bidding 

process, and potentially choose a more 

costly, less efficient project. 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. 

Based on additional research 

conducted by EPA’s Office of 

Infrastructure and Assistance (OIA) in 

Region III, and to the best of the 

Region’s knowledge at the time of 

review, there do not appear to be other 

membrane filtration cassettes 

manufactured domestically that would 

meet Cape Charles’s technical 

specification. EPA’s national contractor 

prepared a technical assessment report 

dated July 13, 2009 based on the waiver 

request submitted. 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 American-made membrane filtration 

cassettes for use in MBRs in WWTPs. 

The OIA has reviewed this waiver 

request and to the best of our knowledge 

at the time of review has determined 

that the supporting documentation 

provided by Cape Charles is sufficient to 

meet the criteria listed under Section 

1605(b) 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). 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 Cape Charles’s 

technical specifications, 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 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 Town of Cape 

Charles is hereby granted a waiver from 

the Buy American requirements of 

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

the purchase of three membrane 

filtration cassettes using ARRA funds as 

specified in Cape Charles’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. 

Issued on: August 19, 2009. 

William C. Early, 

Acting Regional Administrator, U.S. 

Environmental Protection Agency, Region III. 

[FR Doc. E9–21123 Filed 8–31–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[Docket# EPA–RO4–SFUND–2009–0643, 

FRL–8951–8] 

Vertut Blending and Packaging 

Superfund Site, Memphis, Shelby 

County, TN; Notice of settlement 

AGENCY: Environmental Protection 

Agency. 

ACTION: Notice of settlement. 

SUMMARY: Under Section 122(h)(1) of the 

Comprehensive Environmental 

Response, Compensation and Liability 

Act (CERCLA), the United States 

Environmental Protection Agency has 

entered into a settlement for 

reimbursement of past response costs 

concerning the Vertut Blending and 

Packaging Superfund Site located in 

Memphis, Shelby County, Tennessee for 

publication. 

DATES: The Agency will consider public 

comments on the settlement until 

October 1, 2009. The Agency will 

consider all comments received and 

may modify or withdraw its consent to 

the settlement if comments received 

disclose facts or considerations which 

indicate that the settlement is 

inappropriate, improper, or inadequate. 

ADDRESSES: Copies of the settlement are 

available from Ms. Paula V. Painter. 

Submit your comments, identified by 

Docket ID No. EPA–RO4–SFUND–2009– 

0643 or Site name Vertut Blending and 

Packaging Superfund Site by one of the 

following methods: 

• http://www.regulations.gov: Follow 

the on-line instructions for submitting 

comments. 

• http://www.epa.gov/region4/waste/ 

sf/enforce.htm. 

• E-mail: Painter.Paula@epa.gov. 

FOR FURTHER INFORMATION CONTACT: 

Paula V. Painter at 404/562–8887. 

mstockstill on DSKH9S0YB1PROD with NOTICES

45204 Federal Register / Vol. 74, No. 168 / Tuesday, September 1, 2009 / Notices 

Dated: August 17, 2009. 

Anita L. Davis, 

Chief, Superfund Enforcement & Information 

Management Branch, Superfund Division. 

[FR Doc. E9–21122 Filed 8–31–09; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

Notice of Public Information Collection 

Being Reviewed by the Federal 

Communications Commission, 

Comments Requested 

August 26, 2009. 

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 of 1995, 44 U.S.C. 3501–3520. An 

agency 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 valid control number. 

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. 

DATES: Persons wishing to comments on 

this information collection should 

submit comments on November 2, 2009. 

If you anticipate that you will be 

submitting comments, but find it 

difficult to do so within the period of 

time allowed by this notice, you should 

advise the contact listed below as soon 

as possible. 

ADDRESSES: Direct all PRA comments to 

Nicholas A. Fraser, Office of 

Management and Budget (OMB), via fax 

at (202) 395–5167, or via the Internet at 

Nicholas_A._Fraser@omb.eop.gov and 

to Cathy Williams, Federal 

Communications Commission (FCC), 

445 12th Street S.W., Washington, DC 

20554. To submit your comments by e– 

mail send then to: PRA@fcc.gov and to 

Cathy.Williams@fcc.gov. 

FOR FURTHER INFORMATION CONTACT: For 

additional information about the 

information collection(s) send an e–mail 

to PRA@fcc.gov or contact Cathy 

Williams on (202) 418–2918. 

SUPPLEMENTARY INFORMATION: 

OMB Control Number: 3060–XXXX. 

Title: Application for Permit to 

Deliver Programs to Foreign Broadcast 

Stations, FCC 

Form 308. 

Form No.: FCC Form 308. 

Type of Review: New information 

collection. 

Respondents: Business or other for– 

profit entities. 

Number of Respondents/Responses: 

22 respondents; 22 responses. 

Estimated Time Per Response: 1 hour. 

Obligation to Respond: Required to 

obtain or retain benefits. The statutory 

authority for this collection is contained 

in Section 325(c) of the 

Communications Act of 1934, as 

amended. 

Total Annual Burden: 22 hours. 

Annual Cost Burden: $10,890. 

Privacy Act Impact Assessment: No 

impact(s). 

Nature and Extent of Confidentiality: 

In general, there is no need for 

confidentiality with this collection of 

information. 

Needs and Uses: The Federal 

Communications Commission 

(‘‘Commission’’) is requesting that the 

Office of Management and Budget 

(OMB) approve the establishment of a 

new information collection titled, 

‘‘Application for Permit to Deliver 

Programs to Foreign Broadcast Stations 

(FCC Form 308).’’ Applicants use the 

FCC Form 308 to apply, under Section 

325(c) of the Communications Act of 

1934, as amended, for authority to 

locate, use, or maintain a studio in the 

United States for the purpose of 

supplying program material to a foreign 

radio or TV broadcast station whose 

signals are consistently received in the 

United States, or for extension of 

existing authority. 

Currently, the FCC Form 308 is only 

available to the public in paper form. 

The Commission is requesting OMB 

approval of a revised FCC Form 308, in 

Excel format, that will be made 

available to the public on the FCC 

Forms page of the FCC’s website, 

www.fcc.gov <http://www.fcc.gov/>. 

The form was revised to make it more 

user friendly and to include questions to 

obtain only the legal and technical 

information that is essential to grant 

authority to U.S. broadcasters to supply 

program material to a foreign radio or 

TV broadcast station whose signals are 

consistently received in the U.S. or to 

extend the current authority. After the 

applicant completes the form, it is 

mailed to the U.S. Bank along with the 

application fee. Then, it is forwarded to 

the International Bureau with the 

exception of fee exempt applications 

which are filed directly with the FCC 

Secretary’s Office and then forwarded to 

the Bureau. 

Without this collection of 

information, the Commission would not 

be able to ascertain whether the main 

studio owner in the US meets various 

legal requirements or the foreign 

broadcast facility, which receives and 

retransmits programming from the main 

studio in the US, meets various 

technical requirements that prevent 

harmful interference to other broadcast 

stations or telecommunications 

facilities. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. E9–21014 Filed 8–31–09; 8:45 am] 

BILLING CODE 6712–01–S 

FEDERAL TRADE COMMISSION 

[Docket No. 9336] 

Dyna-E International, Inc.; Analysis of 

Proposed Consent Order to Aid Public 

Comment 

AGENCY: Federal Trade Commission. 

ACTION: Proposed Consent Agreement. 

SUMMARY: The consent agreement in this 

matter settles alleged violations of 

federal law prohibiting unfair or 

deceptive acts or practices or unfair 

methods of competition. The attached 

Analysis to Aid Public Comment 

describes both the allegations in the 

complaint and the terms of the consent 

order — embodied in the consent 

agreement — that would settle these 

allegations. 

DATES: Comments must be received on 

or before September 25, 2009. 

ADDRESSES: Interested parties are 

invited to submit written comments 

electronically or in paper form. 

Comments should refer to ‘‘Dyna-E, Inc., 

Docket No. 9336’’ to facilitate the 

organization of comments. Please note 

that your comment — including your 

name and your state — will be placed 

on the public record of this proceeding, 

including on the publicly accessible 

FTC website, at (http://www.ftc.gov/os/ 

publiccomments.shtm). 

Because comments will be made 

public, they should not include any 

mstockstill on DSKH9S0YB1PROD with NOTICES