48902 Federal Register / Vol. 74, No. 185 / Friday, September 25, 2009 / Notices 

same function (e.g., brackets), the 

specific manufacturer and configuration 

may vary from project to project, making 

the analysis and consideration of 

individual waiver requests for them, 

including determining whether or not 

U.S. made products exist, is expected to 

be time-consuming and labor intensive 

far out of proportion to the percentage 

of total project materials they comprise. 

Further, since the specific use of these 

low-cost components can be expected to 

be widely varied, formulating 

categorical waivers for specific types of 

components would be impractical. 

Because the situations described above, 

i.e. a high number of low-cost, 

miscellaneous components, can be 

effectively addressed by a 

comprehensive application of a 

nationwide de minimis waiver, RUS 

finds that it would be inconsistent with 

the public interest to apply the Buy 

American requirement to incidental 

components when they in total 

comprise no more that 5 percent of the 

total cost of the materials used in and 

incorporated into a project. 

In some instances, the Rural Utilities 

Service and the Environmental 

Protection Agency’s (EPA) Clean 

Drinking Water State Revolving Funds 

(SRF) program jointly fund water 

infrastructure projects. The EPA 

undertook inquiries to identify the 

approximate scope of incidental 

components within its SRF water 

infrastructure projects. The responses 

were consistent and indicated that the 

percentage of total costs for drinking 

water or wastewater treatment 

infrastructure projects represented by 

these incidental components is 

generally not in excess of 5 percent of 

the total costs of the materials used in 

and incorporated into a project. 

As a result of its research and 

analysis, EPA published two Federal 

Register notices of de minimis waivers. 

The first was published on Tuesday, 

June 2, 2009 (FR Vol. 74, No. 104, pp. 

26398 and 26399), and set forth the 

EPA’s determination with respect to a 

public interest finding on de minimis. 

The second notice, which revised the 

first, was published on Monday, August 

10, 2009 (FR Vol. 74, No. 152, pp. 39959 

and 39960). By these waivers the EPA 

has also determined that imposing 

ARRA’s Buy American requirements for 

the category of de minimis incidental 

components is not in the public interest. 

While the authorizing statutes and 

funding sources for the EPA and RUS 

borrowers are different, the types of 

projects that EPA finances under its SRF 

program are substantially similar in 

size, scope and purpose as those funded 

by RUS and, as stated above, some 

projects are jointly funded by RUS and 

EPA. The Rural Utilities Service has 

decades of experience in financing 

water and wastewater projects in rural 

America and shares the EPA’s rationale 

with respect to incidental components 

used in similar projects. With respect to 

jointly-funded projects, it is desirable to 

avoid disparate treatment of 

components based on whether or not 

ARRA funds come from EPA or RUS. 

Section 1605 should be administered 

consistently, both within a particular 

Federal agency and, to the extent 

possible, between agencies. Promoting 

consistent treatment and avoiding 

unnecessary delays in committing 

ARRA financing to projects around the 

country are crucial to the success of 

ARRA. Requiring individual waivers for 

incidental components would be time 

prohibitive and overly burdensome for 

applicants and RUS. The purpose of 

ARRA is to stimulate economic recovery 

by funding current infrastructure 

construction, not to delay projects that 

are ‘‘shovel ready.’’ Therefore, a de 

minimis waiver of incidental 

components totaling no more that 5 

percent of total project costs is in the 

public interest. 

III. Waiver 

Based on the public interest finding 

discussed above and pursuant to 

Section 1605(c), USDA hereby issues a 

national waiver from the requirements 

of ARRA Section 1605 for any 

incidental components of the type 

described above that comprise in total a 

de minimis amount of the project, 

specifically, for any such incidental 

components up to a limit of no more 

than 5 percent of the total cost of the 

materials used in and incorporated into 

a project. 

Assistance recipients who elect to use 

this waiver shall, in consultation with 

their contractors, determine the items to 

be covered by this waiver, retain 

relevant documentation as to those 

items in their project files, and be able 

to summarize in reports to RUS, if so 

requested, the types and/or categories of 

items to which this waiver is applied, 

the total cost of incidental components 

covered by the waiver for each type or 

category, and the calculations by which 

they determined the total cost of 

materials used in and incorporated into 

the project. 

In using this waiver, assistance 

recipients must consider that there may 

be circumstances where there are 

multiple types of low-cost components 

which, when combined with the 

incidental components described above, 

may total more than 5 percent. 

Assistance recipients in such cases 

will have to choose which of these 

incidental components will be covered 

by the waiver and which will not. 

Components that the recipient is unable 

to include within the 5 percent limit of 

this waiver must comply with the 

requirements of section 1605 of ARRA 

by appropriate means other than 

reliance on this waiver. 

Further, as described above, in some 

cases RUS and EPA jointly fund 

projects. Both RUS and EPA have issued 

de minimis waivers that have a cap of 

a total of 5 percent of project costs. In 

the case of a jointly funded project, 

these waivers shall not be combined to 

create a waiver of greater than 5 percent 

of total project costs. 

This supplementary information 

constitutes the ‘‘detailed written 

justification’’ required by Section 

1605(c) of ARRA and Section 176.80 of 

the Office of Management and Budget’s 

rules for waivers of the Buy American 

provisions. 

Authority: Public Law 111–5, Section 

1605. 

Dated: September 21, 2009. 

Thomas J. Vilsack, 

Secretary. 

[FR Doc. E9–23202 Filed 9–24–09; 8:45 am] 

BILLING CODE 3410–15–P 

DEPARTMENT OF AGRICULTURE 

Natural Resources Conservation 

Service 

Prop Canyon Watershed, Site 1 (Big 

Draw Dam), Cibola County, NM 

AGENCY: Natural Resources 

Conservation Service, USDA. 

ACTION: Notice of a Finding of No 

Significant Impact. 

SUMMARY: Pursuant to Section 102 (2) 

(C) of the National Environmental 

Policy Act of 1969, the Council on 

Environmental Quality Regulations (40 

CFR part 1500); and the Natural 

Resources Conservation Service 

Regulations (7 CFR part 650); the 

Natural Resources Conservation Service, 

U. S. Department of Agriculture, gives 

notice that an environmental impact 

statement is not being prepared for the 

Prop Canyon Watershed, Site 1, Grant 

County, New Mexico. 

FOR FURTHER INFORMATION CONTACT: 

Roger Ford, State Conservation 

Engineer, Natural Resources 

Conservation Service, 6200 Jefferson 

Street, NE., Albuquerque, New Mexico 

87109, Telephone 505–761–4430, 

E-mail roger.ford@nm.usda.gov. 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 74, No. 185 / Friday, September 25, 2009 / Notices 48903 

SUPPLEMENTARY INFORMATION: The 

Environmental Assessment of the 

federally-assisted action indicates that 

the project will not cause significant 

local, regional, or national impacts on 

the environment. As a result of these 

findings, Dennis Alexander, State 

Conservationist, has determined that the 

preparation and review of an 

environmental impact statement is not 

needed for this project. 

The project purpose is to improve 

public safety by reducing the threat of 

dam failure. The planned works include 

the installation of a filter, confining 

berm, restoration of the original dam 

cross-sectional shape, and the addition 

of a gravel shell over the dam’s slope 

and crest. The Notice of a Finding of No 

Significant Impact (FNSI) has been 

forwarded to the Environmental 

Protection Agency; various Federal, 

state, and local agencies; and interested 

parties. A limited number of copies of 

the FNSI are available to fill single copy 

requests at the above address. Basic data 

developed during the EA are on file and 

may be reviewed by contacting Roger 

Ford. No administrative action on 

implementation of the proposed action 

will be taken until 30 days after the date 

of this publication in the Federal 

Register. 

Rosabeth Garcia-Sais, 

State Administrative Officer. 

[FR Doc. E9–23204 Filed 9–24–09; 8:45 am] 

BILLING CODE 3410–16–P 

DEPARTMENT OF AGRICULTURE 

Forest Service 

Fresno County Resource Advisory 

Committee 

AGENCY: Forest Service, USDA. 

ACTION: Notice of meeting. 

SUMMARY: The Fresno County Resource 

Advisory Committee will be meeting in 

Prather, California on October 2l and 

Clovis, California on November 18th. 

The purpose of these meetings will be 

to accept project proposals for the next 

funding cycle as authorized under the 

Secure Rural Schools and Community 

Self-Determination Act of 2000 (Pub. L. 

110–343) for expenditure of Payments to 

States Fresno County Title II funds. 

DATES: The meetings will be held on 

October 21, 2009 from 6 p.m. to 8 p.m. 

in Prather, CA and November 18, 2009 

from 6 p.m. to 8 p.m. in Clovis, CA. 

ADDRESSES: The meeting on October 

21st will be held at the High Sierra 

Ranger District, 29688 Auberry Rd. 

Prather, CA and the meeting on 

November 18th will be held at the Sierra 

National Forest Supervisor’s Office, 

1600 Tollhouse Rd. Clovis, CA. Send 

written comments to Robbin Ekman, 

Fresno County Resource Advisory 

Committee Coordinator, c/o Sierra 

National Forest, High Sierra Ranger 

District, 29688 Auberry Road, Prather, 

CA 93651 or electronically to 

rekman@fs.fed.us. 

FOR FURTHER INFORMATION CONTACT: 

Robbin Ekman, Fresno County Resource 

Advisory Committee Coordinator, (559) 

855–5355 ext. 3341. 

SUPPLEMENTARY INFORMATION: The 

meeting is open to the public. 

Committee discussion is limited to 

Forest Service staff and Committee 

members. However, persons who I wish 

to bring Payments to States Fresno 

County Title II project matters to the 

attention of the Committee may file 

written statements with the Committee 

staff before or after the meeting. Agenda 

items to be covered include: (1) Accept 

Project Proposals, (2) Discuss Member 

Recruitment. 

Dated: September 18, 2009. 

Ray Porter, 

District Ranger. 

[FR Doc. E9–23036 Filed 9–24–09; 8:45 am] 

BILLING CODE 3410–11–M 

DEPARTMENT OF AGRICULTURE 

Forest Service 

Deschutes Provincial Advisory 

Committee (DPAC) 

AGENCY: Forest Service, Interior. 

ACTION: Notice of meeting. 

SUMMARY: The Deschutes Provincial 

Advisory Committee will meet on 

October 8, 2009, to review the PAC 

Recommendation from the Restoration 

Subcommittee, Update members on 

Travel Management Subcommittee and 

the DEIS), and then visit the field on the 

Bend-Ft. Rock Ranger District to discuss 

fire in ponderosa pine ecosystems. The 

meeting will start at 8:30 a.m. at the 

Bend-Ft.Rock Ranger District at Red 

Oaks Square, 1230 NE 3 St, Suite A– 

262, Bend, Oregon in the East/West 

Conference Room. 

Members will be updated on the 

Winter Recreation Sustainability 

Analysis. Following an Open Public 

Forum, members will travel to the field 

to have lunch and visit examples of 

prescribed burning. The trip is 

scheduled to end at 4:30 p.m. in Bend. 

All Deschutes Province Advisory 

Committee Meetings are open to the 

public. 

FOR FURTHER INFORMATION CONTACT: 

Chris Mickle, Province Liaison, Crescent 

Ranger District, Highway 97, Crescent, 

Oregon 97733, Phone (541) 433–3216. 

John Allen, 

Deschutes National Forest Supervisor. 

[FR Doc. E9–22891 Filed 9–24–09; 8:45 am] 

BILLING CODE 3410–11–M 

COMMISSION ON CIVIL RIGHTS 

Agenda and Notice of Public Meeting 

of the Alabama Advisory Committee 

Notice is hereby given, pursuant to 

the provisions of the rules and 

regulations of the U.S. Commission on 

Civil Rights (Commission), and the 

Federal Advisory Committee Act 

(FACA), that a planning meeting of the 

Alabama Advisory Committee 

(Committee) to the Commission will 

convene by conference call at 1:30 p.m. 

and adjourn at approximately 2:30 p.m. 

on Thursday, November 19, 2009. The 

purpose of this meeting is to discuss the 

Committee’s civil rights project. 

This meeting is available to the public 

through the following toll-free call-in 

number: (866) 364–7584, conference call 

access code number 30830452. Any 

interested member of the public may 

call this number and listen to the 

meeting. Callers can expect to incur 

charges for calls they initiate over 

wireless lines, and the Commission will 

not refund any incurred charges. Callers 

will incur no charge for calls they 

initiate over land-line connections to 

the toll-free telephone number. Persons 

with hearing impairments may also 

follow the proceedings by first calling 

the Federal Relay Service at 1–800–977– 

8339 and providing the Service with the 

conference call number and contact 

name Farella E. Robinson. 

To ensure that the Commission 

secures an appropriate number of lines 

for the public, persons are asked to 

register by contacting Corrine Sanders of 

the Central Regional Office and TTY/ 

TDD telephone number, by 4:00 p.m. on 

November 13, 2009. 

Members of the public are entitled to 

submit written comments. The 

comments must be received in the 

regional office by December 19, 2009. 

The address is U.S. Commission on 

Civil Rights, 400 State Avenue, Suite 

908, Kansas City, Kansas 66101. 

Comments may be e-mailed to 

frobinson@usccr.gov. Records generated 

by this meeting may be inspected and 

reproduced at the Central Regional 

Office, as they become available, both 

before and after the meeting. Persons 

interested in the work of this advisory 


jlentini on DSKJ8SOYB1PROD with NOTICES