48738 Federal Register / Vol. 74, No. 184 / Thursday, September 24, 2009 / Notices 

requests must be received no later than 

September 30, 2009. 

Meeting Access: For information on 

access or services for individuals with 

disabilities, please contact Jennifer 

Peyser at jpeyser@RESOLV.org. To 

request accommodation of a disability, 

please contact Jennifer Peyser at least 10 

days prior to the meeting to give EPA as 

much time as possible to process your 

request. 

Dated: September 21, 2009. 

Regina Langton, 

Designated Federal Officer. 

[FR Doc. E9–23049 Filed 9–23–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–8962–7] 

Notice of a Project Waiver of Section 

1605 (Buy American Requirement) of 

the American Recovery and 

Reinvestment Act of 2009 (ARRA) to 

the City of Salem, New Jersey 

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 City of Salem, New Jersey (the 

City), for the purchase of a specific 

Canadian-manufactured membrane 

filtration system (ZeeWeed® 500). The 

ZeeWeed® 500 Immersed Ultra-filtration 

Membranes are manufactured outside of 

the United States by GE Water & 

Processes Technologies (GEW&PT), in 

Canada. The design and specifications 

of the City’s proposed new Surface 

Water Treatment Plant were based on 

the performance and characteristics of 

the ZeeWeed® 500 membrane system, 

following pilot testing conducted from 

March through August 2007, which 

demonstrated that the equipment 

worked very well in removing total 

organic carbon, as well as other 

contaminants; the successful pilot 

testing of surface treatment plant 

technologies is a prerequisite to 

obtaining a construction permit from the 

New Jersey Department of 

Environmental Protection (NJDEP). The 

Acting Regional Administrator is 

making this determination based on the 

review and recommendations of the 

State Revolving Fund Program Team. 

The City 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 ZeeWeed® 500 

Immersed Ultra-filtration Membranes 

for the proposed project being 

implemented by the City of Salem, New 

Jersey. 

DATES: Effective Date: August 27, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Alicia Sua ́rez, Environmental Engineer, 

(212) 637–3851, State Revolving Fund 

Program Team, Division of 

Environmental Planning and Protection, 

U.S. EPA, 290 Broadway, New York, NY 

10007. 

SUPPLEMENTARY INFORMATION: In 

accordance with ARRA Section 1605(c) 

and pursuant to Section 1605(b)(2) of 

Public Law 111–5, Buy American 

requirements, the EPA hereby provides 

notice that it is granting a project waiver 

to the City for the acquisition of 

ZeeWeed® 500 Immersed Ultra-filtration 

Membranes manufactured in Canada by 

GEW&PT. 

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, unless a waiver is 

provided to the recipient by EPA. A 

waiver may be provided if EPA 

determines that (1) applying these 

requirements would be inconsistent 

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 City proposes to replace its 

existing surface water treatment plant 

because the current plant, constructed 

in 1974, is unlikely to be able to provide 

water that complies with the Stage II 

Disinfectants and Disinfection 

Byproducts Rule or appropriate log 

removal of microorganisms. The use of 

the ZeeWeed® 500 membrane system is 

based on a stated need for immersed 

ultra-filtration membranes that have a 

reinforced hollow fiber membrane with 

a very high tensile strength and a high 

solids tolerance that is necessary for 

direct filtration after enhanced 

coagulation without clarification. The 

ZeeWeed® 500 Immersed Ultra-filtration 

Membranes were described by the City 

as meeting these specifications. 

The City has stated that all surface 

treatment plant technologies must be 

piloted in New Jersey in order to receive 

a construction permit from the NJDEP. 

Successful pilot testing prior to NJDEP 

approval of a construction permit 

ensures that the completed facility will 

be in compliance with the Stage II 

Disinfectants and Disinfection 

Byproducts Rule. The pilot testing 

results of the ZeeWeed® 500 

membranes, conducted from March 

through August 2007, demonstrated that 

the equipment worked very well in 

removing total organic carbon, as well 

as other contaminants, and that the 

design of the new water treatment plan 

was based on the ZeeWeed® 500 ultra 

filtration membrane system. The City 

has provided information to the EPA 

representing that GEW&PT, 

manufacturer of the ZeeWeed® 500, is 

the only company capable of supplying 

a membrane system that meets the 

criteria of an immersed, reinforced, 

hollow fiber ultra filtration system that 

does not require clarification prior to 

filtration. The City’s submission clearly 

articulates entirely functional reasons 

for its technical specifications, and has 

provided sufficient documentation that 

the relevant manufactured goods are not 

produced in the United States in 

sufficient and reasonably available 

quantity and of a satisfactory quality to 

meet its technical specifications. 

The April 28, 2009, EPA Headquarters 

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 the 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,’’ and satisfactory 

quality as ‘‘the quality of iron, steel, or 

the relevant manufactured good as 

specified in the project plans and 

designs.’’ 

Based on additional research 

conducted by the State Revolving Fund 

Program Team of the Division of 

Environmental Planning and Protection 

and to the best of the Region’s 

knowledge at the time of the review, 

there does not appear to be other 

membrane equipment that meets the 

City’s exact technical specifications. 

Furthermore, 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, 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 74, No. 184 / Thursday, September 24, 2009 / Notices 48739 

1 See 47 CFR 0.111(a), 54.8. 

2Letter from Hillary S. DeNigro, Chief, 

Investigations and Hearings Division, Enforcement 

Bureau, Federal Communications Commission, to 

Mr. Frankie Logyang Wong, Notice of Suspension 

and Initiation of Debarment Proceedings, 24 FCC 

Rcd 2456 (Inv. & Hearings Div., Enf. Bur. 2009) 

(Attachment 1) (‘‘Notice of Suspension’’). In the 

Notice of Suspension, the Bureau referred to your 

frauds as being associated with E-Rate Funding 

Year 2002. See Notice of Suspension at 2456. The 

proper funding year associated with your fraud is 

E-Rate Program 6 and should be noted as Funding 

Year 2003. See United States v. Ruben B. Bohuchot. 

et al., Criminal Docket No. 3:07–CR–167–L–2, 

Indictment at 5 (N.D.Tex. filed May 22, 2007, and 

entered May. 24, 2007, under seal; unsealed May 

29, 2007). (‘‘DISD Indictment’’). 

3 74 FR 11728, Mar. 19, 2009. 

4 See Notice of Suspension, 24 FCC Rcd at 2456– 

57. 

such as the City, to begin a new pilot 

study with an alternate membrane, 

revise plans and specifications, and 

apply for a new construction permit 

from the NJDEP. The City has stated that 

if the City were subject to the Buy 

American provision, the project would 

be delayed for at least one year. 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 the fundamental purpose of the 

ARRA, which is to preserve and create 

jobs and promote economic recovery. 

The State Revolving Fund Program 

Team has reviewed this waiver request 

and has determined that the supporting 

documentation provided by the City is 

sufficient to meet the criteria listed 

under Section 1605(b), OMB’s 

regulation at 2 CFR 176.100, and in the 

EPA Headquarters April 28, 2009, 

Memorandum, ‘‘Implementation of Buy 

American provisions of Public Law 

111–5, the ‘American Recovery and 

Reinvestment Act of 2009’:’’ 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 the City’s technical 

specifications, a waiver from the Buy 

American requirement is justified. 

The Administrator’s 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 City of Salem is hereby granted a 

waiver from the Buy American 

requirements of Section 1605(a) of 

Public Law 111–5 for the purchase of a 

ZeeWeed® 500 ultra filtration 

membrane system using ARRA funds as 

specified in the City’s request of June 5, 

2009, as supplemented on June 16, 

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 27, 2009. 

Barbara Finazzo, 

Acting Regional Administrator, Region 2. 

[FR Doc. E9–23080 Filed 9–23–09; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

[DA 09–1917] 

Notice of Debarment; Schools and 

Libraries Universal Service Support 

Mechanism 

AGENCY: Federal Communications 

Commission. 

ACTION: Notice. 

SUMMARY: The Enforcement Bureau (the 

‘‘Bureau’’) debars Mr. Frankie Logyang 

Wong from the schools and libraries 

universal service support mechanism 

(or ‘‘E-Rate Program’’) for a period of 

three years. The Bureau takes this action 

to protect the E-Rate Program from 

waste, fraud and abuse. 

DATES: Debarment commences on the 

date Mr. Frankie Logyang Wong receives 

the debarment letter or September 24, 

2009, whichever date come first, for a 

period of three years. 

FOR FURTHER INFORMATION CONTACT: 

Rebekah Bina, Federal Communications 

Commission, Enforcement Bureau, 

Investigations and Hearings Division, 

Room 4–C330, 445 12th Street, SW., 

Washington, DC 20554. Rebekah Bina 

may be contacted by phone at (202) 

418–7931 or e-mail at 

Rebekah.Bina@fcc.gov. If Ms. Bina is 

unavailable, you may contact Ms. 

Michele Berlove, Acting Assistant Chief, 

Investigations and Hearings Division, by 

telephone at (202) 418–1420 and by email at michele.berlove@fcc.gov. 

SUPPLEMENTARY INFORMATION: The 

Bureau debarred Mr. Frankie Logyang 

Wong from the schools and libraries 

universal service support mechanism 

for a period of three years pursuant to 

47 CFR 54.8 and 47 CFR 0.111. Attached 

is the debarment letter, DA 09–473, 

which was mailed to Mr. Frankie 

Logyang Wong and released on February 

26, 2009. The complete text of the 

notice of debarment is available for 

public inspection and copying during 

regular business hours at the FCC 

Reference Information Center, Portal II, 

445 12th Street, SW., Room CY–A257, 

Washington, DC 20554. In addition, the 

complete text is available on the FCC’s 

Web site at http://www.fcc.gov. The text 

may also be purchased from the 

Commission’s duplicating inspection 

and copying during regular business 

hours at the contractor, Best Copy and 

Printing, Inc., Portal II, 445 12th Street, 

SW., Room CY–B420, Washington, DC 

20554, telephone (202) 488–5300 or 

(800) 378–3160, facsimile (202) 488– 

5563, or via e-mail http:// 

www.bcpiweb.com. 

Federal Communications Commission. 

Hillary S. DeNigro, 

Chief, Investigations and Hearings Division, 

Enforcement Bureau. 

August 27, 2009 

DA 09–1917 

VIA CERTIFIED MAIL 

RETURN RECEIPT REQUESTED AND 

FACSIMILE (713) 224–5153 

Mr. Frankie Logyang Wong, c/o David Gerger, 

1001 Fannin, Suite 1950, Houston, TX 

77002. 

Re: Notice of Debarment, File No. EB–08–IH– 

5313 

Dear Mr. Wong: Pursuant to section 54.8 of 

the rules of the Federal Communications 

Commission (the ‘‘Commission’’), by this 

Notice of Debarment you are debarred from 

the schools and libraries universal service 

support mechanism (or ‘‘E-Rate program’’) for 

a period of three years.1

On February 26, 2009, the Enforcement 

Bureau (the ‘‘Bureau’’) sent you a Notice of 

Suspension and Initiation of Debarment 

Proceedings (the ‘‘Notice of Suspension’’).2

That Notice of Suspension was published in 

the Federal Register on March 19, 2009.3 The 

Notice of Suspension suspended you from 

the schools and libraries universal service 

support mechanism and described the basis 

for initiation of debarment proceedings 

against you, the applicable debarment 

procedures, and the effect of debarment.4

Pursuant to the Commission’s rules, any 

opposition to your suspension or its scope or 

to your proposed debarment or its scope had 

to be filed with the Commission no later than 

thirty (30) calendar days from the earlier date 

of your receipt of the Notice of Suspension 

or publication of the Notice of Suspension in 


srobinson on DSKHWCL6B1PROD with NOTICES