52500 Federal Register / Vol. 74, No. 196 / Tuesday, October 13, 2009 / Notices 

In the construction of such a 

sophisticated system as a CBIS, 

complete adherence to the requirements 

of section 1605(a) is impracticable, if 

not impossible. In addition, it has 

become a serious obstacle to ensuring 

that all identified airports will be able 

to sign construction contracts by 

September 30, 2010. Some airport 

authorities have simply been unable or 

unwilling to certify that the 

construction contracts it signs are 

compliant with the buy American 

provisions. The alternative would be for 

the airports and communities to lose 

their Recovery Act assistance, requiring 

TSA to reallocate funds, which is 

inconsistent with the public interest and 

the intent and purpose of the Recovery 

Act. 

DHS has considered the 

disproportionate cost and delay that 

would ensue if a limited waiver is not 

issued. The exercise of ascertaining 

whether compliant products exist or can 

be made to meet these requirements is 

already becoming a demanding and 

time-consuming task far out of 

proportion to the total percentage of 

project costs. On balance, the public 

interest in having these projects 

completed outweighs the Buy American 

requirement; particularly where the 

value of noncompliant goods is 

relatively small when compared to total 

project cost. CBIS projects significantly 

benefit aviation security, baggage 

screening efficiency and the flying 

public in general. Also, these projects 

help stimulate job growth for local 

construction workers, technicians, 

equipment designers, engineers, and 

others who will operate and maintain 

the equipment. 

Therefore, the Secretary granted a 

limited, nationwide public interest 

waiver, having found that it would be 

inconsistent with the public interest— 

and particularly with the Recovery Act’s 

directives—to apply the buy American 

requirement to an entire CBIS project in 

which at least 95 percent of the costs of 

the project will comply with section 

1605. The Secretary determined the five 

percent limit based on research and 

informed professional judgment as to 

the maximum total amount of costs used 

in most CBIS projects. 

Waiver 

Accordingly, the Secretary granted a 

limited, nationwide waiver of the 

requirements of section 1605(a) of the 

Recovery Act, Public Law 111–5, buy 

American requirements, based on the 

public interest authority of section 

1605(b)(1), provided that at least 95 

percent of the costs of each TSA EBSP 

project will comply with section 1605. 

This waiver applies to all eligible EBSP 

projects for which the TSA has awarded 

or will award a project award using 

Recovery Act funds, and where at least 

95 percent of the costs of the project 

will comply with sec. 1605. 

TSA will attempt to obtain 100 

percent compliance with the buy 

American provision on all airport 

projects. This limited nationwide 

waiver is available to airports that 

cannot comply 100 percent with the buy 

American provision because applying 

the provision would be inconsistent 

with the public interest in accordance 

with sec. 1605(b)(1). TSA will ensure 

that on all projects at least 95 percent of 

the costs will comply with section 1605. 

Recipients who wish to use this waiver 

should, in consultation with their 

contractors determine the items to be 

covered by this waiver, must retain 

relevant documentation as to those 

items in their project files, and must 

summarize in reports to TSA the types 

and/or categories of items to which this 

waiver is applied, the total cost of the 

goods covered by the waiver, and the 

calculations by which they determined 

the total cost of materials used in and 

incorporated into the project. 

Issued in Arlington, Virginia, on October 7, 

2009. 

Gale D. Rossides, 

Acting Administrator. 

[FR Doc. E9–24608 Filed 10–9–09; 8:45 am] 

BILLING CODE 9110–05–P 

DEPARTMENT OF THE INTERIOR 

Office of the Secretary 

Proposed Appointment to the National 

Indian Gaming Commission 

ACTION: Notice. 

SUMMARY: The Indian Gaming 

Regulatory Act provides for a threeperson National Indian Gaming 

Commission. One member, the 

chairman, is appointed by the President 

with the advice and consent of the 

Senate. Two associate members are 

appointed by the Secretary of the 

Interior. Before appointing members, the 

Secretary is required to provide public 

notice of a proposed appointment and 

allow a comment period. Notice is 

hereby given of the proposed 

appointment of Steffani A. Cochran as 

an associate member of the National 

Indian Gaming Commission for a term 

of 3 years. 

DATES: Comments must be received 

before November 12, 2009. 

ADDRESSES: Comments should be 

submitted to the Director, Office of 

Executive Secretariat, United States 

Department of the Interior, 1849 C 

Street, NW., Mail Stop 7229, 

Washington, DC 20240. 

FOR FURTHER INFORMATION CONTACT: John 

A. Strylowski, Executive Secretariat, 

United States Department of the 

Interior, 1849 C Street, NW., Mail Stop 

7229, Washington, DC 20240; telephone 

202–208–3071. 

SUPPLEMENTARY INFORMATION: The 

Indian Gaming Regulatory Act, 25 

U.S.C. 2701 et seq., established the 

National Indian Gaming Commission 

(Commission), composed of three fulltime members. 25 U.S.C. 2704(b). 

Commission members serve for a term 

of 3 years. 25 U.S.C. 2705(b)(2)(4)(A). 

The Chairman is appointed by the 

President with the advice and consent 

of the Senate. 25 U.S.C. 2704(b)(1)(B). 

The two associate members are 

appointed by the Secretary of the 

Interior. 25 U.S.C. 2704(b)(1)(B). Before 

appointing an associate member to the 

Commission, the Secretary is required to 

‘‘publish in the Federal Register the 

name and other information the 

Secretary deems pertinent regarding a 

nominee for membership on the 

commission and * * * allow a period of 

not less than thirty days for receipt of 

public comments.’’ 25 U.S.C. 

2704(b)(2)(B). 

The Secretary proposes to appoint 

Steffani A. Cochran as an associate 

member of the Commission for a term of 

3 years. Ms. Cochran is well qualified to 

serve as a member of the Commission, 

by virtue of her broad background in the 

law and her work for both State and 

tribal governments on issues affecting 

Indian tribes. Her extensive legal 

experience includes service in New 

Mexico State government as a Special 

Counsel for Indian Affairs and as an 

Administrative Law Judge for the State 

of Oregon. She has also served tribal 

governments as General Counsel for the 

Pueblo of Pojoaque and as an Associate 

Judge for the Isleta Tribal Court and 

judge pro tem on the Southwest 

Intertribal Court of Appeals. Working at 

different times for tribal and State 

governments, Ms. Cochran has 

participated in negotiations and 

addressed issues of critical importance 

to both constituencies. She is a member 

of the Chickasaw Nation. Ms. Cochran 

does not have any financial interests 

that would make her ineligible to serve 

on the Commission under 25 U.S.C. 

2704(b)(5)(B) or (C). 

Any person wishing to submit 

comments on this proposed 

appointment of Steffani Cochran may 

submit written comments to the address 


erowe on DSK5CLS3C1PROD with NOTICES
Federal Register / Vol. 74, No. 196 / Tuesday, October 13, 2009 / Notices 52501 

listed above. Comments must be 

received by November 12, 2009. 

David Hayes, 

Deputy Secretary. 

[FR Doc. E9–24617 Filed 10–9–09; 8:45 am] 

BILLING CODE 4310–17–P 

DEPARTMENT OF THE INTERIOR 

Geological Survey 

Agency Information Collection 

Activities: Submitted for Office of 

Management and Budget (OMB) 

Review; Comment Request 

AGENCY: U.S. Geological Survey (USGS). 

ACTION: Notice of a new information 

collection. 

SUMMARY: To comply with the 

Paperwork Reduction Act of 1995 

(PRA), we are notifying the public that 

we have submitted to the Office of 

Management and Budget (OMB) an 

information collection request (ICR) for 

approval of the paperwork requirements 

for the National Coal Resources Data 

System (NCRDS) competitive grant 

program. This notice provides the 

public an opportunity to comment on 

the paperwork burden of this project. 

DATES: You must submit comments on 

or before November 12, 2009. 

ADDRESSES: Please submit written 

comments on this information 

collection directly to the Office of 

Management and Budget (OMB) Office 

of Information and Regulatory Affairs, 

Attention: Desk Officer for the 

Department of the Interior via e-mail to 

OIRA_DOCKET@omb.eop.gov or fax at 

202–395–5806; and identify your 

submission with Information Collection 

Number 1028-new, NCRDS. 

Please also submit a copy of your 

written comments to Phadrea Ponds, 

USGS Information Collection Clearance 

Officer, 2150–C Center Avenue, Fort 

Collins, CO 80525 (mail); (970) 226– 

9230 (fax); or pponds@usgs.gov (e-mail). 

Please reference information collection 

1028-new, NCRDS in the subject line. 

FOR FURTHER INFORMATION CONTACT: 

Susan Tewalt by mail at U.S. Geological 

Survey, National Center, 12201 Sunrise 

Valley Drive, Reston, VA 20192 or by 

telephone at 703–648–6437. 

SUPPLEMENTARY INFORMATION: 

Abstract 

The primary objective of the NCRDS 

is to advance the understanding of the 

energy endowment of the United States 

(U.S.) by gathering and organizing 

digital geologic information related to 

coal, coalbed gas, shale gas and other 

energy resources. The NCRDS of the 

USGS will issue a call for proposals to 

support researchers that can provide 

geologic data to support the National 

Coal Resources Data System and other 

solid-fuel energy assessment projects 

being conducted by the Energy 

Resources Program. Additional data is 

needed to data to support regional or 

national assessments concerning coal 

and coal bed gas occurrences. 

Requesting external cooperation is the 

very best way for NCRDS to collect 

energy data and perform research on the 

characterization of coals and organicrich shale, and obtain other information 

(including geophysical or seismic data, 

sample collection for generation of 

thermal maturity data) that can be used 

in solid-fuel resource assessments. Data 

submitted to NCRDS by external 

cooperators will constitute more than 

two-thirds of the USGS point-source 

stratigraphic database (USTRAT) on 

coal occurrence. In 2010, NCRDS plans 

to support 26 projects in 23 States. The 

program will be conducted under 

various authorities, including 30 U.S.C. 

208–1, 42 U.S.C. 15801, and 43 U.S.C. 

31 et seq. This collection will consist of 

applications, proposals and reports 

(annual and final). 

I. Data 

OMB Control Number: 1028–NEW. 

Title: Energy Cooperatives to Support 

the National Coal Resources Data 

System (NCRDS). 

Respondent Obligation: Required to 

obtain or retain benefits. 

Frequency of Collection: One time 

every 5 years for applications and final 

reports; annually for progress reports. 

Affected Public: Individuals; State, 

local and tribal governments; State 

Geological Surveys, universities, and 

businesses. 

Annual Burden Hours: 300. 

Estimated Annual Number of 

Respondents: 26. 

Estimated Annual Number of 

Responses: 35 (9 applications 26 

reports). 

Estimated Annual Reporting and 

Recordkeeping ‘‘Non-Hour Cost’’: None. 

III. Request for Comments 

On May 14, 2009, we published a 

Federal Register notice (74 FR 22760) 

announcing that we would submit this 

information collection to OMB for 

approval. The notice provided a 60-day 

comment period ending on July 13, 

2009. We did not receive any comments 

in response to that notice. 

We again invite comments concerning 

this ICR on: (a) Whether the proposed 

collection of information is necessary 

for the agency to perform its duties, 

including whether the information is 

useful; (b) the accuracy of the agency’s 

estimate of the burden of the proposed 

collection of information; (c) ways to 

enhance the quality, usefulness, and 

clarity of the information to be 

collected; and (d) ways to minimize the 

burden on the respondents, including 

the use of automated collection 

techniques or other forms of information 

technology. 

Comments that you submit in 

response to this notice are a matter of 

public record. Before including your 

address, phone number, e-mail address 

or other personal identifying 

information in your comment, you 

should be aware that your entire 

comment including your personal 

identifying information, may be made 

publicly available at anytime. While you 

can ask us in your comment to withhold 

your personal identifying information 

from public review, we cannot 

guarantee that we will be able to do so. 

USGS Information Collection 

Clearance Officer: Phadrea Ponds, (970) 

226–9445. 

Dated: October 6, 2009. 

Brenda Pierce, 

Program Coordinator, USGS Energy 

Resources Program. 

[FR Doc. E9–24534 Filed 10–9–09; 8:45 am] 

BILLING CODE 4311–AM–P 

DEPARTMENT OF THE INTERIOR 

National Park Service 

Notice of Intent to Repatriate Cultural 

Items: Maryhill Museum of Art, 

Goldendale, WA 

AGENCY: National Park Service, Interior. 

ACTION: Notice. 

Notice is here given in accordance 

with the Native American Graves 

Protection and Repatriation Act 

(NAGPRA), 25 U.S.C. 3005, of the intent 

to repatriate cultural items in the 

possession of the Maryhill Museum of 

Art, Goldendale, WA, that meet the 

definition of ‘‘unassociated funerary 

objects’’ under 25 U.S.C. 3001. 

This notice is published as part of the 

National Park Service’s administrative 

responsibilities under NAGPRA, 25 

U.S.C. 3003 (d)(3). The determinations 

in this notice are the sole responsibility 

of the museum, institution, or Federal 

agency that has control of the cultural 

items. The National Park Service is not 

responsible for the determinations in 

this notice. 

In 1943, Native American cultural 

items were loaned to the Maryhill 

Museum of Art by Harvey T. and Bessie 


erowe on DSK5CLS3C1PROD with NOTICES