46770 Federal Register / Vol. 74, No. 175 / Friday, September 11, 2009 / Notices 

EIS No. 20090282, ERP No. F–FRC– 

D05126–VA, Smith Mountain 

Pumped Storage Project (FERC No. 

2210–169). Application for 

Hydropower License to continue 

Operating the 636-megawatt Pumped 

Storage Project, Roanoke River, Smith 

Mountain Pumped Storage Project 

(FERC No. 2210–169). Application for 

Hydropower License to continue 

Operating the 636-megawatt Pumped 

Storage Project, Roanoke River, 

Bedford, Campbell, Franklin, and 

Pittsylvania Counties, VA 

Summary: EPA expressed 

environmental concerns about water 

temperature, aquatic life and wetland 

impacts. EPA requested additional 

information on avoidance, 

minimization, and mitigation measures 

for the above impacts. 

EIS No. 20090293, ERP No. F–NPS– 

D61062–PA, White-Tailed Deer 

Management Plan, Development of a 

Deer Management Strategy that 

Supports Protection, Preservation, 

and Restoration of Native Vegetation, 

Implementation, Valley Forge 

National Historical Park, Chester and 

Montgomery Counties, PA 

Summary: EPA does not object to the 

proposed project. 

EIS No. 20090261, ERP No. FS–GSA– 

D81027–MD, U.S. Food and Drug 

Administration (FDA) Headquarters 

Consolidation, Master Plan Update, 

Federal Research Center at White Oak, 

Silver Spring, Montgomery County, 

MD 

Summary: EPA’s previous concerns 

have been resolved; therefore, EPA does 

not object to the proposed action. 

Dated: September 8, 2009. 

Kenneth Mittelholtz, 

Deputy Director, NEPA Compliance Division, 

Office of Federal Activities. 

[FR Doc. E9–21943 Filed 9–10–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[ER–FRL–8597–2] 

Environmental Impact Statements; 

Notice of Availability 

Responsible Agency: Office of Federal 

Activities, General Information (202) 

564–1399 or http://www.epa.gov/ 

compliance/nepa/ 

Weekly receipt of Environmental Impact 

Statements 

Filed 08/31/2009 Through 09/04/2009 

Pursuant to 40 CFR 1506.9 

EIS No. 20090310, Draft Supplement, 

AFS, ID, Small-Scale Suction 

Dredging in Lolo Creek and Moose 

Creek Project, Updated Information to 

Analysis Three Alternatives, 

Clearwater National Forest, North 

Fork Ranger District, Clearwater and 

Idaho Counties, ID, Comment Period 

Ends: 10/26/2009, Contact: Doug 

Gober 208–476–4541 

EIS No. 20090311, Final EIS, USN, WA, 

Naval Base Kitsap—Bangor, Construct 

and Operate a Swimmer Interdiction 

Security System (SISS), Silverdale 

Kitsap County, WA, Wait Period Ends: 

10/13/2009, Contact: Shannon Kasa 

619–53–3889 

EIS No. 20090312, Draft EIS, COE, OH, 

Cleveland Harbor Dredged Material 

Management Plan, Operations and 

Maintenance, Cuyahoga County, OH, 

Comment Period Ends: 10/26/2009, 

Contact: Frank O’Connor 716–879– 

4131 

EIS No. 20090313, Draft EIS, AFS, CA, 

Freds Fire Reforestation Project, 

Implementation, EL Dorado National 

Forest, Placerville and Pacific Ranger 

Districts, El Dorado County, CA, 

Comment Period Ends: 10/26/2009, 

Contact: Robert Carroll 530–647–5386 

EIS No. 20090314, Draft EIS, FHW, IL, 

TIER 1—Elgin O’Hare—West Bypass 

Study, To Identify Multimodal 

Transportation Solutions, Cook and 

DuPage Counties, IL, Comment Period 

Ends: 10/26/2009, Contact: Matt 

Fuller 217–492–4625 

EIS No. 20090315, Draft EIS, FTA, CA, 

Crenshaw Transit Corridor Project, 

Proposes to Improve Transit Services, 

Funding, Los Angeles County 

Metropolitan Transportation 

Authority (LACMTA), Los Angeles 

County, CA, Comment Period Ends: 

10/26/2009, Contact: Roderick Diaz 

213–922–3018 

EIS No. 20090316, Final EIS, FTA, 00, 

PROGRAMMATIC—Streamlining the 

Processing of Experimental Permit 

Applications, Issuing Experimental 

Permits for the Launch and Reentry of 

Useable Suborbital Rockets, Wait 

Period Ends: 10/13/2009, Contact: 

Daniel Czelusniak 202–267–5924 

EIS No. 20090317, Draft EIS, USA, VA, 

Fort Monroe US Army Garrison Base 

Realignment and Closure (BRAC) 

2005 Disposal and Reuse of Surplus 

Nonreverting Property, Fort Monroe, 

VA, Comment Period Ends: 10/26/ 

2009, Contact: Bob Ross 703–602– 

2878 

EIS No. 20090318, Draft EIS, USA, WA, 

Fort Lewis Army Growth and Force 

Structures Realignment, 

Implementation, Fort Monroe and 

Yakima Training Center, Kittitas, 

Pierce, Thurston and Yakima 

Counties, WA, Comment Period Ends: 

10/26/2009, Contact: B. Van Hoesen 

253–966–1780 

EIS No. 20090319, Final EIS, USA, AK, 

U.S. Army Alaska (USARAK) Project, 

Proposes the Stationing and Training 

of Increased Aviation Assets, Fort 

Wainwright, Fairbank, AK, Wait 

Period Ends: 10/13/2009, Contact: 

Jennifer Shore 703–602–4238 

Amended Notices 

EIS No. 20090304, Final EIS, AFS, 00, 

Inyo National Forest Motorized Travel 

Management Project, Implementation, 

Inyo, Mono, Fresno, Madera and 

Tulare Counties, CA and Mineral and 

Esmeralda Counties, NV, Wait Period 

Ends: 10/05/2009, Contact: Susan 

Joyce 760–873–2516 

Revision to FR Notice Published 09/04/ 

2009: Correction to Counties and 

States 

EIS No. 20090309, Final EIS, FTA, MO, 

East Corridor Project, Proposes 

Commuter Rail Transit from 

downtown Denver to International 

Airport (DIA), Denver, Adams, 

Arapahoe, Jefferson and Douglas 

Counties, CO, Wait Period Ends: 10/ 

05/2009, Contact: David Beckhouse 

720–963–3306 

Revision to FR Notice Published 09/04/ 

2009: Correction to Title and Federal 

Agency. 

Dated: September 8, 2009. 

Ken Mittelholtz, 

Deputy Director, NEPA Compliance Division, 

Office of Federal Activities. 

[FR Doc. E9–21944 Filed 9–10–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–8956–1] 

Notice of a Project Waiver of Section 

1605 (Buy American Requirement) of 

the American Recovery and 

Reinvestment Act of 2009 (ARRA) to 

the Kennebec Water District in 

Waterville, ME 

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 in 

sufficient and reasonably available 

quantities and of a satisfactory quality] 

to the Kennebec Water District (KWD) 

(also known as the ‘‘Water District’’) in 

Waterville, Maine for the purchase of 


cprice-sewell on DSKGBLS3C1PROD with NOTICES
Federal Register / Vol. 74, No. 175 / Friday, September 11, 2009 / Notices 46771 

specific cast iron valve boxes. 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 projects that 

may wish to use the same product must 

apply for a separate waiver based on 

project specific circumstances. These 

valve boxes meet KWD’s technical 

specifications and requirements, 

reflecting the Water District’s operation 

and maintenance experience with these 

boxes which are currently manufactured 

in Canada by the Bibby Foundry. The 

Acting Regional Administrator is 

making this determination based on the 

review and recommendations of the 

Municipal Assistance Unit. KWD has 

provided sufficient documentation to 

support its request. The Assistant 

Administrator of the Office of 

Administration and Resources 

Management has concurred in this 

decision to make an exception to 

Section 1605 of ARRA. This action 

permits the purchase of specific cast 

iron valve boxes for the proposed 

project being implemented by the Water 

District that may otherwise be 

prohibited under Section 1605(a) of the 

ARRA. 

DATES: Effective Date: September 2, 

2009. 

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, One Congress Street, CMU, 

Boston, MA 02114. 

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 Kennebec Water District (KWD) in 

Waterville, Maine for the acquisition of 

specific cast iron valve boxes 

manufactured in Canada by the Bibby 

Foundry. 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. 

Some utilities in the Northeast United 

States, including the KWD, have 

standardized their design specifications 

based on their operation and 

maintenance experience to utilize a high 

flange slide riser for valve boxes in their 

collection and distribution systems. The 

top section of the valve box is 36 inches 

long and has its flange designed so that 

the box is able to move up and down 

with the pavement surface to deal with 

the deeper frost cover in this area of 

Maine. 

After completion of the bid phase, the 

contract supplier for the KWD was 

unable to locate any domestic valve box 

manufacturers with products that met 

the proposed project specifications. The 

KWD requires 22 valve boxes to 

complete a proposed water main 

replacement project. The cost of the 22 

valve boxes is $2,901 and accounts for 

approximately 3% of the total value of 

the iron, steel, and manufactured goods 

on the project. These non-domestic 

valve boxes are eligible to be covered 

under the national revised de minimis 

waiver dated July 24, 2009. However, 

since the estimated total cost of all nondomestic materials was greater than 5% 

of the total cost for iron, steel, and 

manufactured goods used and 

incorporated in the proposed project, 

the KWD requested a project waiver for 

these specific valve boxes. 

The 36-inch top section length valve 

box, which the KWD is proposing to 

use, works well for several reasons: (1) 

The flange is high and locked into the 

pavement so the top riser moves with 

the pavement surface and prevents frost 

from raising the box above the road 

surface; (2) its longer length of 36′′ keeps 

it more aligned and straight, and is 

better able to contend with the 6 foot 

frost depth; (3) it has the top-flange box 

support area that is more than double 

that of the no-flange valve box top to 

help minimize settlement and maintain 

alignment; and (4) it will also support 

greater traffic loads compared to a noflange valve box top, which will further 

minimize settlement. 

There are valve boxes manufactured 

domestically. But based on the 

information provided to EPA by the 

KWD, the domestic manufacturers do 

not have the necessary top section 

length required. The KWD requires a top 

section length of 36 inches based on its 

past and current operations and 

maintenance experience. Without the 

necessary length in the top section, 

extensions would need to be connected 

together or ‘‘stacked’’ on top of one 

another. According to the KWD, 

stacking extensions to provide length 

beyond the standard 26-inch top section 

available through domestic 

manufacturers makes it difficult to keep 

the box plumb in the long term. There 

are three joints involved with stacking 

extensions and when they get out of 

alignment due to road settlement, it 

becomes difficult to insert a long 

handled ‘‘tee wrench’’ down into the 

box over the operating nut to operate the 

valve from ground level. 

If a valve box cannot be opened, or if 

the operating nut cannot be accessed to 

operate the valve from the ground level, 

it may require replacement of the entire 

unit, resulting in additional costs to the 

water utility that could have been 

avoided. Over the past several years, the 

KWD has been replacing many of the 

older non-functioning valve boxes with 

the newer valve boxes, which meet their 

design specifications. The KWD has 

standardized this practice in order to 

simplify operation and maintenance and 

to minimize unnecessary repair and 

replacement costs in the future. 

The April 28, 2009 EPA HQ 

Memorandum, ‘‘Implementation of Buy 

American provisions of P.L. 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.’’ Based on the information 

provided to EPA and to the best of our 

knowledge at this time, there do not 

appear to be other cast iron valve boxes 

with the top flange manufactured in the 

United States available to meet the 

Water District’s exact technical 

specifications and requirements. The 

Water District has established a proper 

basis to specify the required cast iron 

valve boxes with the top flange and 

established that this manufactured good 

was not available from a domestic 

producer. 

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 the KWD 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 


cprice-sewell on DSKGBLS3C1PROD with NOTICES
46772 Federal Register / Vol. 74, No. 175 / Friday, September 11, 2009 / Notices 

delay construction 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 for the 

Kennebec Water District dated June 25, 

2009 on the waiver request submitted. 

The report for the KWD determined that 

the waiver request submittal was 

complete and that adequate technical 

information was provided. The report 

also confirmed the waiver applicant’s 

claims that there were presently no 

comparable cast iron valve boxes 

manufactured domestically. The 

technical review team found that 

domestic manufacturers do produce cast 

iron valve boxes, but could not identify 

any that offered the top flange product 

with the necessary top section length of 

36 inches. 

The Municipal Assistance Unit (CMU) 

has reviewed this waiver request and 

has determined that the supporting 

documentation provided by the KWD is 

sufficient to meet the criteria listed 

under Section 1605(b), OMB’s 

regulations at 2 CFR 176.60–176.170, 

and in the April 28, 2009, 

‘‘Implementation of Buy American 

provisions of P.L. 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 individual 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 the Water 

District’s 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 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 Kennebec 

Water District is hereby granted a 

waiver from the Buy American 

requirements of Section 1605(a) of 

Public Law 111–5 for the purchase of 

specified cast iron valve boxes using 

ARRA funds as specified in the Water 

District’s requests of June 23, 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: September 2, 2009. 

Ira W. Leighton, 

Acting Regional Administrator, Region I, New 

England. 

[FR Doc. E9–21940 Filed 9–10–09; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL DEPOSIT INSURANCE 

CORPORATION 

Sunshine Act; Notice of Agency 

Meeting 

Pursuant to the provisions of the 

‘‘Government in the Sunshine Act’’ (5 

U.S.C. 552b), notice is hereby given that 

at 10:11 a.m. on Wednesday, September 

9, 2009, the Board of Directors of the 

Federal Deposit Insurance Corporation 

met in closed session to consider 

matters related to the Corporation’s 

supervision, corporate, and resolution 

activities. 

In calling the meeting, the Board 

determined, on motion of Director John 

C. Dugan (Comptroller of the Currency), 

seconded by Director Thomas J. Curry 

(Appointive), concurred in by Vice 

Chairman Martin J. Gruenberg, Director 

John E. Bowman (Acting Director, Office 

of Thrift Supervision), and Chairman 

Sheila C. Bair, that Corporation business 

required its consideration of the matters 

which were to be the subject of this 

meeting on less than seven days’ notice 

to the public; that no earlier notice of 

the meeting was practicable; that the 

public interest did not require 

consideration of the matters in a 

meeting open to public observation; and 

that the matters could be considered in 

a closed meeting by authority of 

subsections (c)(2), (c)(4), (c)(6), (c)(8), 

(c)(9)(A)(ii), (c)(9)(B) and (c)(10) of the 

‘‘Government in the Sunshine Act’’ (5 

U.S.C. 552b(c)(2), (c)(4), (c)(6), (c)(8), 

(c)(9)(A)(ii), (c)(9)(B), and (c)(10)). 

The meeting was held in the Board 

Room of the FDIC Building located at 

550 - 17th Street, NW., Washington, DC. 

Dated: September 9, 2009. 

Federal Deposit Insurance Corporation. 

Robert E. Feldman, 

Executive Secretary. 

[FR Doc. E9–22071 Filed 9–9–09; 4:15 pm] 

BILLING CODE P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Administration for Children and 

Families 

Submission for OMB Review; 

Comment Request 

Title: Title IV–E Foster Care Eligibility 

Review and Child and Family Service 

Reviews; Final Rule. 

OMB No.: 0970–0214. 

Description: The following five 

separate activities are associated with 

this information collection: Foster Care 

Eligibility Review (FCER) Program 

Improvement Plan; Child and Family 

Services Reviews (CFSR) State agency 

Statewide Assessment; CFSR On-site 

Review; CFSR Program Improvement 

Plan; and Anti-Discrimination 

Enforcement Corrective Action Plan. 

The collection of information for review 

of Federal payments to States for foster 

care maintenance payments (45 CFR 

1356.71(i)) is authorized by title IV–E of 

the Social Security Act (the Act), section 

474 [42 U.S.C. 674]. The Foster Care 

Eligibility Reviews (FCER) ensure that 

States claim title IV–E funds only on 

behalf of title IV–E eligible children. 

The collection of information for review 

of State child and family services 

programs (45 CFR 1355.33(b), 1355.33(c) 

and 1355.35(a)) is to determine whether 

such programs are in substantial 

conformity with State plan requirements 

under parts B and E of the Act and is 

authorized by section 1123(a) [42 U.S.C. 

1320a–1a] of the Act. The CFSR looks at 

the outcomes related to safety, 

permanency and well-being of children 

served by the child welfare system and 

at seven systemic factors that support 

the outcomes. Section 474(d) of the Act 

[42 U.S.C. 674] deploys enforcement 

provisions (45 CFR 1355.38(b) and (c)) 

for the requirements at section 

4371(a)(18) [42 U.S.C. 671], which 

prohibit the delay or denial of foster and 

adoptive placements based on the race, 

color, or national origin of any of the 

individuals involved. The enforcement 

provisions include the execution and 

completion of corrective action plans 

when a State is in violation of section 

471(a)(18) of the Act. The information 

collection is needed: (1) To ensure 

compliance with title IV–E foster care 

eligibility requirements; (2) to monitor 

State plan requirements under titles IV– 

B and IV–E of the Act, as required by 

Federal statute; and (3) to enforce the 

title IV–E anti-discrimination 

requirements through State corrective 

action plans. The resultant information 

will allow ACF to determine if States 

are in compliance with State plan 


cprice-sewell on DSKGBLS3C1PROD with NOTICES