Federal Register / Vol. 78, No. 33 / Tuesday, February 19, 2013 / Notices 11645 

Property Specification 

Thickness (ASTM D 5199) .. 0.35 inch 

Recommended slope .......... > 1:1 

Recommended flow ............. 12 fps 

Recommended shear stress 4.5 lbs/ft2

‘‘C’’ factor ............................. 0.002 

Roll Size .............................. 6.5′ x 164′ 

Functional Longevity ........... 2 to 3 Yrs. 

Based on additional research 

conducted by EPA Region 6 there do not 

appear to be any American-made fiber 

(coir) woven mat that would meet the 

Applicant’s technical specifications. 

EPA’s national contractor prepared a 

technical assessment report based on 

the waiver request submittal, which 

confirmed the waiver applicant’s claim 

that there is no American-made fiber 

(coir) woven mat available for use in the 

proposed waste water treatment system. 

EPA has also evaluated the 

Applicant’s request to determine if its 

submission is considered late or if it 

could be considered timely, as per the 

OMB regulation at 2 CFR § 176.120. EPA 

will generally regard waiver requests 

with respect to components that were 

specified in the bid solicitation or in a 

general/primary construction contract as 

‘‘late’’ if submitted after the contract 

date. However, EPA could also 

determine that a request be evaluated as 

timely, though made after the date that 

the contract was signed, if the need for 

a waiver was not reasonably foreseeable. 

If the need for a waiver is reasonably 

foreseeable, then EPA could still apply 

discretion in these late cases as per the 

OMB Guidance, which says ‘‘the award 

official may deny the request.’’ For 

those waiver requests that do not have 

a reasonably unforeseeable basis for 

lateness, but for which the waiver basis 

is valid and there is no apparent gain by 

the ARRA recipient or loss on behalf of 

the government, then EPA will still 

consider granting a waiver. 

In this case this ‘‘shovel ready’’ 

project experienced significant delays 

during the preliminary design. 

Originally, the Oklahoma Conservation 

Commission contracted with the 

Oklahoma Department of Wildlife 

Resources (ODWR) to evaluate potential 

sites and to perform preliminary design 

and cost estimates to assess feasibility of 

including sites in this project. The 

intent was to hire a design/build team 

to perform the work. The ODWR had 

two leading experts in stream 

restoration who were assigned to this 

project. Some months into the project, 

both experts left ODWR to employment 

elsewhere. After months of trying to 

replace them, ODWR were unable to 

execute the project. 

Oklahoma Conservation Commission 

then contracted with Oklahoma State 

University to evaluate and select sites 

for the project. After months of work 

and careful coordination with 

Oklahoma Department of Environmental 

Quality and U.S. Army Corps of 

Engineers, Oklahoma State University 

identified 12 sites that should be able to 

qualify for nationwide 404 permits and 

might reasonably be restored within the 

project budget. 

The contract was awarded in Dec 

2011 and site-specific design began in 

early 2012. Once designs were available 

and it was realized that coir fiber mats 

would be needed, Oklahoma Water 

Resources Board instructed the 

applicant to apply for a waiver request. 

EPA believes that the need for a waiver 

was not reasonably foreseeable and thus 

will treat the Applicant’s waiver request 

as if timely submitted. 

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.’’ The Applicant has 

incorporated specific technical design 

requirements for installation of fiber 

(coir) woven mat at its wastewater 

treatment plant. 

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 Applicant, 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. 

The Region 6 Water Quality 

Protection Division has reviewed this 

waiver request, and has determined that 

the supporting documentation provided 

by the Applicant is sufficient to meet 

the criteria listed under ARRA, Section 

1605(b), Office of Management and 

Budget (OMB) regulations at 2 CFR 

176.60–176.170, and in the April 28, 

2009, memorandum, ‘‘Implementation 

of Buy American provisions of Public 

Law 111–5, the American Recovery and 

Reinvestment Act of 2009.’’ The basis 

for this project waiver is the 

authorization provided in ARRA, 

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 Applicant’s 

technical specifications, a waiver from 

the Buy American requirement is 

justified. 

EPA headquarters’ 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 goods required 

for this project, and that these 

manufactured goods are not available 

from a producer in the United States, 

the Applicant is hereby granted a waiver 

from the Buy American requirements of 

ARRA, Section 1605(a) of Public Law 

111–5 for the purchase of the selected 

fiber (coir) woven mat, using ARRA 

funds, as specified in the Applicant’s 

request. This supplementary 

information constitutes the detailed 

written justification required by ARRA, 

Section 1605(c), for waivers ‘‘based on 

a finding under subsection (b).’’ 

Authority: Pub. L. 111–5, section 1605. 

Dated: January 17, 2013. 

Ron Curry, 

Regional Administrator, U.S. Environmental 

Protection Agency, Region 6. 

[FR Doc. 2013–03599 Filed 2–15–13; 8:45 am] 

BILLING CODE 6560–50–P 

EXPORT-IMPORT BANK OF THE 

UNITED STATES 

[Public Notice 2013–0115] 

Agency Information Collection 

Activities: Final Collection; Comment 

Request 

AGENCY: Export-Import Bank of the 

United States. 

ACTION: Submission for OMB Review 

and Comments Request. 

SUMMARY: The Export-Import Bank of 

the United States (Ex-Im Bank), as a part 

of its continuing effort to reduce 

paperwork and respondent burden, 

invites the general public and other 

Federal Agencies to comment on the 

proposed information collection, as 

required by the Paperwork Reduction 

Act of 1995. 


TKELLEY on DSK3SPTVN1PROD with NOTICES
11646 Federal Register / Vol. 78, No. 33 / Tuesday, February 19, 2013 / Notices 

The form represents the exporter’s 

directive to Ex-Im Bank to whom and 

where the insurance proceeds should be 

sent, and also describes the duties and 

obligations that have to be met by the 

financial institution in order to share in 

the policy proceeds. The form is 

typically part of the documentation 

required by financial institution lenders 

in order to provide financing of an 

exporter’s foreign accounts receivable. 

Foreign accounts receivable insured by 

Ex-Im Bank represent stronger collateral 

to secure the financing. By recording 

which policyholders have completed 

this form, Ex-Im Bank is able to 

determine how many of its exporter 

policyholders require Ex-Im Bank 

insurance policies to support lender 

financing. 

The form can be viewed at 

www.exim.gov/pub/pending/eib99- 

17.pdf. 

DATES: Comments should be received on 

or before March 21, 2013 to be assured 

of consideration. 

ADDRESSES: Comments maybe submitted 

electronically on www.regulations.gov 

or by mail to Office of Information and 

Regulatory Affairs, 725 17th Street NW., 

Washington, DC 20038 Attn: OMB 

3048–EIB99–17. 

SUPPLEMENTARY INFORMATION: 

Titles and Form Number: EIB 99–17 

Enhanced Assignment of Policy 

Proceeds. 

OMB Number: 3048–xxxx. 

Type of Review: New. 

Need and Use: This collection of 

information is used by exporters to 

convey legal rights to, and describe the 

duties and obligations that have to be 

met by their financial institution lender 

in order to share insurance policy 

proceeds from Ex-Im Bank approved 

insurance claims. 

Affected Public: This form affects 

entities involved in the export of U.S. 

goods and services. 

Public Burden 

The number of respondents: 110. 

The frequency of response: Annually. 

Response Burden: 15 minutes. 

Government Burden 

Reviewing Time: 1 hour. 

Responses/year: 110. 

Review time/year: 110 hours. 

Avg Wages/hr: $30.25. 

Avg wage/year: $3,327.5. 

Benefits & Overhead: 28%. 

Total Government Cost: $4,259.20. 

Sharon A. Whitt, 

Agency Clearance Officer. 

[FR Doc. 2013–03628 Filed 2–15–13; 8:45 am] 

BILLING CODE 6690–01–P 

FEDERAL ELECTION COMMISSION 

Public Availability of Federal Election 

Commission, Procurement Division FY 

2012 Service Contract Inventory 

AGENCY: Federal Election Commission. 

ACTION: Notice of public availability of 

FY 2012 Service Contract inventories. 

SUMMARY: In accordance with Section 

743 of Division C of the Consolidated 

Appropriations Act of 2010 (Pub. L. 

111–117), FEC PROCUREMENT 

DIVISION is publishing this notice to 

advise the public of the availability of 

the FY 2011 Service Contract inventory. 

This inventory provides information on 

service contract actions over $25,000 

that were made in FY 2012. The 

information is organized by function to 

show how contracted resources are 

distributed throughout the agency. The 

inventory has been developed in 

accordance with guidance issued on 

December 19, 2011 by the Office of 

Management and Budget’s Office of 

Federal Procurement Policy (OFPP). 

OFPP’s guidance is available at: http:// 

www.whitehouse.gov/sites/default/files/ 

omb/procurement/memo/servicecontract-inventories-guidance11052010.pdf. 

The FEC Procurement Division has 

posted its inventory and a summary of 

the inventory on the FEC homepage at 

the following link: http://www.fec.gov/ 

pages/procure/procure.shtml. 

FOR FURTHER INFORMATION CONTACT: 

Questions regarding the service contract 

inventory should be directed to 

Roshawn K. Majors, Director of 

Procurement, at 202–694–1225 or 

rmajors@fec.gov. 

Shawn Woodhead Werth, 

Secretary and Clerk, Federal Election 

Commission. 

[FR Doc. 2013–03720 Filed 2–15–13; 8:45 am] 

BILLING CODE P 

FEDERAL RESERVE SYSTEM 

Agency Information Collection 

Activities: Announcement of Board 

Approval Under Delegated Authority 

and Submission to OMB 

AGENCY: Board of Governors of the 

Federal Reserve System. 

SUMMARY: Notice is hereby given of the 

final approval of a proposed information 

collection by the Board of Governors of 

the Federal Reserve System (Board) 

under OMB delegated authority, as per 

5 CFR 1320.16 (OMB Regulations on 

Controlling Paperwork Burdens on the 

Public). Board-approved collections of 

information are incorporated into the 

official OMB inventory of currently 

approved collections of information. 

Copies of the Paperwork Reduction Act 

Submission, supporting statements and 

approved collection of information 

instrument(s) are placed into OMB’s 

public docket files. The Federal Reserve 

may not conduct or sponsor, and the 

respondent is not required to respond 

to, an information collection that has 

been extended, revised, or implemented 

on or after October 1, 1995, unless it 

displays a currently valid OMB control 

number. 

FOR FURTHER INFORMATION CONTACT: 

Federal Reserve Board Clearance 

Officer—Cynthia Ayouch—Division of 

Research and Statistics, Board of 

Governors of the Federal Reserve 

System, Washington, DC 20551 (202) 

452–3829. Telecommunications Device 

for the Deaf (TDD) users may contact 

(202) 263–4869, Board of Governors of 

the Federal Reserve System, 

Washington, DC 20551. 

OMB Desk Officer—Shagufta 

Ahmed—Office of Information and 

Regulatory Affairs, Office of 

Management and Budget, New 

Executive Office Building, Room 10235, 

725 17th Street NW., Washington, DC 

20503. 

Final approval under OMB delegated 

authority of the extension for three 

years, with revision, of the following 

report: 

Report title: Bank Secrecy Act 

Suspicious Activity Report (BSA–SAR). 

Agency form number: FR 2230. 

OMB control number: 7100–0212. 

Frequency: On occasion. 

Reporters: State member banks, bank 

holding companies and their nonbank 

subsidiaries, Edge and agreement 

corporations, and the U.S. branches and 

agencies, representative offices, and 

nonbank subsidiaries of foreign banks 

supervised by the Federal Reserve. 

Estimated annual reporting hours: 

139,515 hours. 

Estimated average hours per response: 

1.5 hours. 

Number of respondents: 6,000. 

General description of report: The 

BSA–SAR is mandatory, pursuant to 

authority contained in the following 

statutes: 12 U.S.C. 248(a)(1), 625, 

1844(c), 3105(c)(2), 3106(a), and 1818(s). 

SARs are exempt from Freedom of 

Information Act (FOIA) disclosure by 31 

U.S.C. 5319 and FIOA exemption 3 

which incorporates into the FOIA 

certain nondisclosure provisions that 

are contained in other federal statutes, 

5 U.S.C. 552(b)(3), and by FOIA 

exemption 7, which generally exempts 

from public disclosure ‘‘records or 


TKELLEY on DSK3SPTVN1PROD with NOTICES