Federal Register / Vol. 76, No. 206 / Tuesday, October 25, 2011 / Notices 66063 

of $ 0 for capital investment or 

maintenance and operational costs. 

IV. Are there changes in the estimates 

from the last approval? 

There is an increase of 114 hours in 

the total estimated respondent burden 

compared with that identified in the ICR 

currently approved by OMB. This 

increase reflects EPA’s estimate of a 

greater number of potential respondents 

affected by the reporting requirement. 

This change is an adjustment. 

V. What is the next step in the process 

for this ICR? 

EPA will consider the comments 

received and amend the ICR as 

appropriate. The final ICR package will 

then be submitted to OMB for review 

and approval pursuant to 5 CFR 

1320.12. EPA will issue another Federal 

Register notice pursuant to 5 CFR 

1320.5(a)(1)(iv) to announce the 

submission of the ICR to OMB and the 

opportunity to submit additional 

comments to OMB. If you have any 

questions about this ICR or the approval 

process, please contact the technical 

person listed under FOR FURTHER

INFORMATION CONTACT. 

List of Subjects 

Environmental protection, Reporting 

and recordkeeping requirements. 

Dated: October 5, 2011. 

Stephen A. Owens, 

Assistant Administrator, Office of Chemical 

Safety and Pollution Prevention. 

[FR Doc. 2011–27612 Filed 10–24–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–HQ–SFUND–2011–0585; FRL–9483–1] 

Agency Information Collection 

Activities; Submission to OMB for 

Review and Approval; Comment 

Request; Application for 

Reimbursement to Local Governments 

for Emergency Response to Hazardous 

Substance Releases Under CERCLA 

Section 123 (Renewal) 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: In compliance with the 

Paperwork Reduction Act (PRA)(44 

U.S.C. 3501 et seq.), this document 

announces that an Information 

Collection Request (ICR) has been 

forwarded to the Office of Management 

and Budget (OMB) for review and 

approval. This is a request to renew an 

existing approved collection. The ICR, 

which is abstracted below, describes the 

nature of the information collection and 

its estimated burden and cost. 

DATES: Additional comments may be 

submitted on or before November 25, 

2011. 

ADDRESSES: Submit your comments, 

referencing Docket ID No. EPA–HQ– 

SFUND–2011–0585, to (1) EPA online 

using http://www.regulations.gov (our 

preferred method), by e-mail to 

superfund.docket@epa.gov, or by mail 

to: EPA Docket Center, Environmental 

Protection Agency, Superfund Docket, 

Mailcode: 28221T, 1200 Pennsylvania 

Ave., NW., Washington, DC 20460, and 

(2) OMB by mail to: Office of 

Information and Regulatory Affairs, 

Office of Management and Budget 

(OMB), Attention: Desk Officer for EPA, 

725 17th Street, NW., Washington, DC 

20503. 

FOR FURTHER INFORMATION CONTACT: Lisa 

Boynton, Office of Solid Waste and 

Emergency Response, Office of 

Emergency Management, (5104A) 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460; telephone number:202–564– 

2487; fax number: 202–564–8729; email address: Boynton.Lisa@epa.gov. 

SUPPLEMENTARY INFORMATION: EPA has 

submitted the following ICR to OMB for 

review and approval according to the 

procedures prescribed in 5 CFR 1320.12. 

On July 13, 2011 (76 FR 41242), EPA 

sought comments on this ICR pursuant 

to 5 CFR 1320.8(d). EPA received no 

comments. Any additional comments on 

this ICR should be submitted to EPA 

and OMB within 30 days of this notice. 

EPA has established a public docket 

for this ICR under Docket ID No. EPA– 

HQ–SFUND–2011–0585, which is 

available for online viewing at http:// 

www.regulations.gov, or in person 

viewing at the Superfund Docket in the 

EPA Docket Center (EPA/DC), EPA 

West, Room 3334, 1301 Constitution 

Ave., NW., Washington, DC. The EPA/ 

DC Public Reading Room is open from 

8:30 a.m. to 4:30 p.m., Monday through 

Friday, excluding legal holidays. The 

telephone number for the Reading Room 

is 202–566–1744, and the telephone 

number for the Superfund Docket is 

202–566–0276. 

Use EPA’s electronic docket and 

comment system at http:// 

www.regulations.gov, to submit or view 

public comments, access the index 

listing of the contents of the docket, and 

to access those documents in the docket 

that are available electronically. Once in 

the system, select ‘‘docket search,’’ then 

key in the docket ID number identified 

above. Please note that EPA’s policy is 

that public comments, whether 

submitted electronically or in paper, 

will be made available for public 

viewing at http://www.regulations.gov 

as EPA receives them and without 

change, unless the comment contains 

copyrighted material, confidential 

business information (CBI), or other 

information whose public disclosure is 

restricted by statute. For further 

information about the electronic docket, 

go to http://www.regulations.gov. 

Title: Application for Reimbursement 

to Local Governments for Emergency 

Response to Hazardous Substance 

Releases Under CERCLA section 123 

(Renewal). 

ICR numbers: EPA ICR No. 1425.08, 

OMB Control No. 2050–0077. 

ICR Status: This ICR is scheduled to 

expire on October 21, 2011. Under OMB 

regulations, the Agency may continue to 

conduct or sponsor the collection of 

information while this submission is 

pending at OMB. An Agency may not 

conduct or sponsor, and a person is not 

required to respond to, a collection of 

information, unless it displays a 

currently valid OMB control number. 

The OMB control numbers for EPA’s 

regulations in title 40 of the CFR, after 

appearing in the Federal Register when 

approved, are listed in 40 CFR part 9, 

are displayed either by publication in 

the Federal Register or by other 

appropriate means, such as on the 

related collection instrument or form, if 

applicable. The display of OMB control 

numbers in certain EPA regulations is 

consolidated in 40 CFR part 9. 

Abstract: The Agency requires 

applicants for reimbursement under this 

program authorized under Section 123 

of CERCLA to submit an application 

that demonstrates consistency with 

program eligibility requirements. This is 

necessary to ensure proper use of the 

Superfund. EPA reviews the 

information to ensure compliance with 

all statutory and program requirements. 

The applicants are local governments 

who have incurred expenses, above and 

beyond their budgets, for hazardous 

substance response. Submission of this 

information is voluntary and to the 

applicant’s benefit. 

Burden Statement: The annual public 

reporting and recordkeeping burden for 

this collection of information is 

estimated to average 9 hours per 

response. Burden means the total time, 

effort, or financial resources expended 

by persons to generate, maintain, retain, 

or disclose or provide information to or 

for a Federal agency. This includes the 

time needed to review instructions; 

develop, acquire, install, and utilize 

technology and systems for the purposes 

of collecting, validating, and verifying 


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66064 Federal Register / Vol. 76, No. 206 / Tuesday, October 25, 2011 / Notices 

information, processing and 

maintaining information, and disclosing 

and providing information; adjust the 

existing ways to comply with any 

previously applicable instructions and 

requirements which have subsequently 

changed; train personnel to be able to 

respond to a collection of information; 

search data sources; complete and 

review the collection of information; 

and transmit or otherwise disclose the 

information. 

Respondents/Affected Entities: Local 

governments. 

Estimated Number of Respondents: 

60. 

Frequency of Response: On occasion. 

Estimated Total Annual Hour Burden: 

540. 

Estimated Total Annual Cost: $9,990, 

includes no annualized capital or O&M 

costs. 

Changes in the Estimates: There is an 

increase of 135 hours in the total 

estimated burden currently identified in 

the OMB Inventory of Approved ICR 

Burdens. This is due to expected growth 

in the number of respondents applying 

for reimbursement. 

Dated: October 19, 2011. 

John Moses, 

Acting Director, Collection Strategies 

Division. 

[FR Doc. 2011–27597 Filed 10–24–11; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9482–3] 

Notice of a Project Waiver of Section 

1605 (Buy American Requirement) of 

the American Recovery and 

Reinvestment Act of 2009 (ARRA) to 

the Borough of Ocean Gate, NJ 

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 Borough of Ocean Gate, New 

Jersey (Borough), for the purchase of a 

foreign manufactured 50 kW wind 

turbine generator that meets the 

Borough’s design and performance 

specifications. This is a project specific 

waiver and only applies to the use of the 

specified product for the ARRA project 

being proposed. Any other ARRA 

project that may wish to use the same 

product must apply for a separate 

waiver based on project specific 

circumstances. Based upon information 

submitted by the Borough and its 

consulting engineer, EPA has concluded 

that there are currently no domestic 

manufactured 50 kW wind turbines 

available in sufficient and reasonable 

quantity and of a satisfactory quality to 

meet the Borough’s project design and 

performance specifications, and that a 

waiver is justified. The Regional 

Administrator is making this 

determination based on the review and 

recommendations of the State Revolving 

Fund Program Team. The Assistant 

Administrator of the Office of 

Administration and Resources 

Management has concurred on this 

decision to make an exception to 

Section 1605(a) of ARRA. This action 

permits the purchase of a foreign 

manufactured 50 kW wind turbine 

generator by the Borough, as specified 

in its June 6, 2011 waiver request. 

DATES: Effective Date: August 8, 2011. 

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 Sections 

1605(c) and 1605(b) (2), the EPA hereby 

provides notice that it is granting a 

project waiver of the requirements of 

Section 1605(a) of Public Law 111–5, 

Buy American requirements, to the 

Borough for the purchase of a 50 kW 

wind turbine generator, manufactured 

by Atlantic Orient Corporation, that 

meets the Borough’s design and 

performance specifications. EPA has 

evaluated the Borough’s basis for the 

procurement of a foreign made wind 

turbine generator. Based upon 

information submitted by the Borough 

and its consulting engineer, EPA has 

concluded that there are currently no 

domestic manufactured 50 kW wind 

turbines available in sufficient and 

reasonable quantity and of a satisfactory 

quality to meet the Borough’s project 

design and performance specifications. 

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 a public works project 

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 the EPA. A waiver may be 

provided under Section 1605(b) of 

ARRA 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. 

EPA has also evaluated the Borough’s 

request to determine if its submission is 

considered late or if it could be 

considered timely, as per the Office of 

Management and Budget (OMB) 

regulations 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 regulations, 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, the contract for the 

construction and erection of a 50 kW 

wind turbine was awarded in December 

2009. At the time of award the 

contractor was proposing the 

installation of an Entegrity 50 kW wind 

turbine. The contractor’s bid was based 

on using the Entegrity unit. Shortly after 

the contract was awarded it was 

discovered that Entegrity Wind Systems 

had filed for bankruptcy and was 

possibly going into receivership. The 

bankruptcy proceedings carried on for 

about a year. The issue was further 

complicated because the matter was in 

the Canadian courts. Due to the 

uncertainty of which turbine would 

actually be installed the Borough and 

contractor waited until that decision 

was finalized. The contractor was given 

the start work order in November 2010. 

At that time the wind system to be used 

was confirmed and the necessary waiver 

was developed by the Borough. There is 

no indication that the Borough failed to 

request a waiver in order to avoid the 

requirements of ARRA, particularly 


sroberts on DSK5SPTVN1PROD with NOTICES