Federal Register / Vol. 75, No. 108 / Monday, June 7, 2010 / Notices 32179 

1EPA 452R–08–005; August 2008; Available: 

http://www.epa.gov/ttn/naaqs/standards/co/s_

co_cr_pd.html. 

quantitative analyses that have been 

conducted as part of the review of the 

National Ambient Air Quality Standards 

(NAAQS) for carbon monoxide (CO). 

DATES: The REA will be available on or 

about May 28, 2010. 

ADDRESSES: The document will be 

available primarily via the Internet at 

the following Web site: http://

www.epa.gov/ttn/naaqs/standards/co/

s_co_index.html. 

FOR FURTHER INFORMATION CONTACT: For 

questions related to this document, 

please contact Dr. Deirdre Murphy, 

Office of Air Quality Planning and 

Standards (Mail code C504–06), U.S. 

Environmental Protection Agency, 

Research Triangle Park, NC 27711; email: murphy.deirdre@epa.gov; 

telephone: 919–541–0729; fax: 919– 

541–0237. 

SUPPLEMENTARY INFORMATION: Under 

section 108(a) of the Clean Air Act 

(CAA), the Administrator identifies and 

lists certain pollutants which ‘‘cause or 

contribute to air pollution which may 

reasonably be anticipated to endanger 

public health or welfare.’’ The EPA then 

issues air quality criteria for these listed 

pollutants, which are commonly 

referred to as ‘‘criteria pollutants.’’ The 

air quality criteria are to ‘‘accurately 

reflect the latest scientific knowledge 

useful in indicating the kind and extent 

of all identifiable effects on public 

health or welfare which may be 

expected from the presence of [a] 

pollutant in the ambient air, in varying 

quantities.’’ Under section 109 of the 

CAA, EPA establishes primary (healthbased) and secondary (welfare-based) 

NAAQS for pollutants for which air 

quality criteria are issued. Section 

109(d) of the CAA requires periodic 

review and, if appropriate, revision of 

existing air quality criteria. The revised 

air quality criteria reflect advances in 

scientific knowledge on the effects of 

the pollutant on public health or 

welfare. The EPA is also required to 

periodically review and revise the 

NAAQS, if appropriate, based on the 

revised criteria. 

Presently, EPA is reviewing the 

NAAQS for CO. The EPA’s overall plan 

and schedule for this review is 

presented in the Plan for Review of the 

National Ambient Air Quality 

Standards for Carbon Monoxide.1 A 

draft of this integrated review plan was 

released for public review and comment 

in March 2008 and was the subject of a 

consultation with the Clean Air 

Scientific Advisory Committee (CASAC) 

on April 8, 2008 (73 FR 12998). 

Comments received from that 

consultation and from the public were 

considered in finalizing the plan for the 

review. 

As part of EPA’s review of the 

primary (health-based) CO NAAQS, the 

Agency has conducted qualitative and 

quantitative assessments characterizing 

the health risks associated with 

exposure to ambient CO. The EPA’s 

plans for conducting these assessments, 

including the proposed scope and 

methods of the analyses, were presented 

in a planning document titled, Carbon 

Monoxide National Ambient Air Quality 

Standards: Scope and Methods Plan for 

Health Risk and Exposure Assessment 

(Scope and Methods Plan). This 

planning document was released for 

public comment in April 2009 and was 

the subject of a consultation with the 

CASAC on May 13, 2009 (74 FR 15265). 

First and second external review drafts 

of the REA were released for CASAC 

review and public comment in October 

2009 (74 FR 55843) and February 2010 

(75 FR 10252), respectively, and were 

the subjects of CASAC review meetings 

in November 2009 (74 FR 54042) and 

March 2010 (75 FR 9206), respectively. 

In preparing the final REA, EPA has 

considered comments received from 

CASAC and the public on these earlier 

draft documents. The REA document 

announced today conveys the 

approaches taken to assess exposures to 

ambient CO and to characterize 

associated health risks, as well as 

presents key results, observations, and 

related uncertainties associated with the 

quantitative analyses performed. This 

document will be available on or about 

May 28, 2010, through the Agency’s 

Technology Transfer Network (TTN) 

Web site at http://www.epa.gov/ttn/

naaqs/standards/co/s_co_index.html. 

This document may be accessed in the 

‘‘Documents from Current Review’’ 

section under ‘‘Risk and Exposure 

Assessments.’’ 

Dated: May 27, 2010. 

Jennifer Noonan Edmonds, 

Acting Director, Office of Air Quality Planning 

and Standards. 

[FR Doc. 2010–13620 Filed 6–4–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9159–6] 

Notice of a Regional Waiver of Section 

1605 (Buy American Requirement) of 

the American Recovery and 

Reinvestment Act of 2009 (ARRA) to 

the City of Bridgeport (the City) 

Washington 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: The Regional Administrator 

of EPA Region 10 is hereby granting a 

late waiver request from the Buy 

America requirements of ARRA section 

1605(a) under the authority of section 

1605(b)(1) [applying subsection (a) 

would be inconsistent with the public 

interest] to the City for the purchase and 

use of 280 linear feet of large diameter 

36′′ PVC pipe, manufactured in 

Edmonton, Alberta, Canada and which 

was used in and incorporated into an 

ARRA project prior to December 3, 

2009. This is a project specific waiver 

and only applies to the use of the 

specified product for the ARRA project 

discussed in this notice. Any other 

ARRA recipient that wishes to use the 

same product must apply for a separate 

waiver based on project specific 

circumstances. The City’s waiver 

request included a timeline summary 

from October 3, 2009 thru December 30, 

2009 describing the attempted Buy 

American compliance by the applicant, 

consulting engineer, contractor and 

pipeline materials supplier. Thus, it 

appears that the supplier on behalf of 

the City, the ARRA recipient, did an 

extensive, seemingly comprehensive, 

and ultimately unsuccessful search for a 

U.S. manufacturer who could meet the 

project specifications. 

The Regional Administrator is making 

this determination based on the review 

and recommendations of the Drinking 

Water Unit. The City has provided 

sufficient documentation to support 

their request. 

DATES: Effective Date: May 25, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Johnny Clark, DWSRF ARRA Program 

Management Analyst, Drinking Water 

Unit, Office of Water & Watersheds 

(OWW), (206) 553–0082, U.S. EPA 

Region 10 (OWW–136), 1200 Sixth 

Avenue, Suite 900, Seattle, WA 98101. 

SUPPLEMENTARY INFORMATION: In 

accordance with ARRA Section 1605(c) 

and OMB’s regulations at 2 CFR Part 

176, Subpart B, the EPA hereby 

provides notice that it is granting a late 

project waiver request of the 

WReier-Aviles on DSKGBLS3C1PROD with NOTICES

32180 Federal Register / Vol. 75, No. 108 / Monday, June 7, 2010 / Notices 

requirements of Section 1605(a) of 

Public Law 111–5, Buy American 

requirements, to the City for the 

purchase and use of 280 linear feet of 

large diameter 36′′ PVC pipe, 

manufactured in Edmonton, Alberta, 

Canada, which was incorporated into an 

ARRA project prior to December 3, 

2009. The City was unable to find an 

American manufacturer to meet the 

project specific requirements for what 

by industry’s standards is a small 

amount of large diameter 36′′ PVC pipe. 

There are several noteworthy factors 

regarding this waiver analysis. First, it 

is a late request because the waiver 

request came after the goods had been 

used in the project. Second, under 2 

CFR 176.130(c)(1), the applicable noncompliance provision regarding 

unauthorized use of foreign 

manufactured goods, EPA is authorized 

to process a waiver under 2 CFR 

176.120(a) if ‘‘the need for such 

determination otherwise was not 

reasonably foreseeable.’’ EPA has further 

outlined this process in its April 28, 

2009 memorandum: Implementation of 

Buy American provisions of Public Law 

111–5, the ‘‘American Recovery and 

Reinvestment Act of 2009’’ (the April 28 

memorandum). Third, EPA has 

determined that the reason the City did 

not seek a waiver when they procured 

the foreign pipe was based on a 

mistaken interpretation of the 

international agreements provision of 

section 1605(d). However, at the time of 

that mistake, Bridgeport had done all 

due diligence in seeking a U.S.-made 

alternative and had developed all 

necessary information to support an 

availability waiver at that time. Fourth, 

EPA has determined, with the assistance 

of a technical review produced by its 

national contractor, that the 

documentation the City developed in 

the course of due diligence conducted at 

the time of that mistake and subsequent 

due diligence upon learning of the 

mistaken interpretation of section 

1605(d) was sufficient to support both a 

determination by EPA that the City 

implemented the requirements of 

Section 1605 in good faith and the grant 

of a waiver by EPA. Fifth, EPA has 

determined under these circumstances 

that the need for such a waiver was not 

reasonably foreseeable. Therefore, under 

the authority of 2 CFR 176.120 and 

176.130(c)(1), and as explained in the 

April 28 memorandum, EPA will 

process the waiver request as if it was 

requested in a timely manner. Sixth, 

EPA has determined that it would have 

evaluated a waiver request had the 

recipient applied for a waiver prior to 

using the foreign pipe in the ARRA 

project. EPA has determined that 

granting this waiver will serve the 

public interest because it avoids 

penalizing the City for the use of a nonU.S.-made good for which the City has 

sufficiently established that there were 

no U.S.-made alternatives. And, this 

determination takes into account the 

City’s due diligence and good faith 

effort to implement the requirements of 

section 1605. 

The non-compliant pipe was installed 

due to the City’s pipeline materials 

supplier’s (United Pipe & Supply) 

assumption and interpretation that the 

Canadian-manufactured pipe was 

acceptable under the North American 

Free Trade Agreement (NAFTA). The 

pipeline materials supplier, on behalf of 

the City, completed an unsuccessful 

search for a U.S. manufacturer that 

could meet the project specifications 

and timeline after the pipe was 

installed. The City’s waiver request 

dated January 4, 2010, describes actions 

taken with regards to the attempted Buy 

American compliance by the applicant, 

consulting engineer, contractor, pipeline 

materials supplier, and EPA Region 10. 

The memorandum notes that ‘‘While an 

honest oversight was made by the 

supplier, it is apparent that not only 

could their domestic manufacturer not 

supply the material, but all other 

American companies were and are 

unable to do so’’. 

A Canadian-manufactured 280 linear 

feet of large diameter 36′′ PVC pipe was 

installed as part of the applicant’s 

ARRA project between October 13, 2009 

and December 3, 2009. Prior to the 

installation, United Pipe & Supply had 

intended to use pipe manufactured 

domestically and supplied by JM Eagle, 

based in Los Angeles, California. 

However, the specified pipe was 

unavailable and JM Eagle required an 

order of 5,000 linear feet of pipe to run 

production. Only 280 feet was needed 

for the project. JM Eagle was able to 

supply sun bleached pipe, but this 

option would not meet specifications for 

the project. United Pipe & Supply 

conducted its own search for domestic 

manufacturers. The pipeline material 

supplier contacted manufacturer 

representatives from five manufacturers: 

Vinyl Tech, Crestline, Royal Group, and 

IPEX, based in Phoenix, Arizona, 

Chehalis, Washington, Woodbridge, 

Ontario, and Toronto, Ontario, 

respectively. Only IPEX, in addition to 

JM Eagle, had the capacity to produce 

this specific large-diameter pipe, and 

only IPEX had the pipe in stock. The 

pipe was purchased from IPEX and 

installed prior to December 3, 2009. A 

subsequent request for a Buy American 

certification uncovered that the specific 

IPEX pipe was manufactured in 

Edmonton, Alberta, Canada. At that 

time, United Pipe & Supply believed 

that although the pipe was 

manufactured in Canada, it ‘‘would be 

an acceptable option under NAFTA,’’ 

and that ‘‘the interpretation [that] the 

‘obligation’ of the act did not apply 

since this project was under the 

threshold of the [$]7.443 million 

dollars.’’ United Pipe & Supply was later 

informed by its attorney that it 

misunderstood the interaction between 

ARRA and NAFTA. EPA Region 10 

asked the applicant to research ‘‘the 

domestic availability of this material 

and gather documentation.’’ On 

December 29, 2009, United Pipe & 

Supply contacted IPEX, in addition to 

the three domestic suppliers JM Eagle, 

Diamond Plastics (Grand Island, 

Nebraska), and North American Pipe 

(Houston, Texas), to inquire about the 

general availability of the pipe. 

Diamond Plastics did not have the 

requested amount of pipe in stock and 

required a minimum order 

(approximately 4,000 feet) to run 

production. North American Pipe also 

did not have any in stock and would not 

produce such a limited amount of pipe. 

To confirm these findings on domestic 

suppliers, United Pipe & Supply 

contacted the Uni-Bell PVC Pipe 

Association, the North American 

association of PVC pipe manufacturers. 

A regional representative of the 

organization confirmed these findings. 

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 is produced in the 

United States unless a waiver is 

provided to the recipient by EPA. A 

waiver may be provided under section 

1605(b) 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. 

This ARRA-funded project involved 

installation of new PVC pipe used as a 

contact chamber in an effort to provide 

sufficient chlorination to the 

distribution system, thereby allowing 

the City to continue providing water 

disinfection to the consumers. A 

primary water supply well for the City 

WReier-Aviles on DSKGBLS3C1PROD with NOTICES

Federal Register / Vol. 75, No. 108 / Monday, June 7, 2010 / Notices 32181 

was shown to be hydraulically 

connected to the Columbia River and 

chlorination was required. Prior to 

installation of the Canadianmanufactured PVC pipe and completion 

of the proposed project, the distribution 

system configuration did not allow for 

sufficient chlorine contact time. 

Without the appropriate contact time, 

the disinfection process could not have 

been completed prior to water reaching 

the consumers. The project originally 

estimated the need for 340 linear feet of 

large diameter 36′′ pipe to allow for 

ample and sufficient chlorine contact 

time to provide treatment and 

disinfection to the water however, after 

additional engineering analysis, it was 

noted that only 280 linear feet was 

needed for project specifications. EPA 

finds these considerations as stated by 

the City provide ample functional 

justification for their specification. 

The April 28 memorandum defines 

‘‘public interest’’ as those cases which 

possibly involve national implications 

of such a waiver. Based on additional 

research by EPA’s consulting contractor 

(Cadmus), and to the best of the 

Region’s knowledge at this time, the 

City attempted without success, to meet 

the Buy American requirements. 

Furthermore, the purpose of the ARRA 

provisions is to stimulate economic 

recovery by funding current 

infrastructure construction, not to delay 

projects that are already shovel ready by 

requiring entities, like the City, to revise 

their design or potentially choose a 

more costly and less effective project. 

The imposition of ARRA Buy American 

requirements on such projects eligible 

for DWSRF 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 most 

fundamental economic purposes of 

ARRA; to create or retain jobs. 

The Drinking Water Unit has 

reviewed this waiver request and has 

determined that the supporting 

documentation provided by the City is 

sufficient to meet the following criteria 

listed under section 1605(b) and in the 

April 28 memorandum: Applying the 

Buy American requirements of ARRA 

would be inconsistent with the public 

interest. 

The basis for this project waiver is the 

authorization provided in section 

1605(b)(1), due to the lack of any U.S. 

production of what by industry’s 

standards is a small amount (280 linear 

feet) of large diameter 36′′ PVC pipe, in 

order to meet the City’s design schedule 

and specifications. The 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 reviewed all available 

documentation, statements, invoices, 

and related correspondence, EPA has 

established both a proper basis to 

specify the particular good required for 

this project, and that categorization of 

similar waiver requests from Gwinnett 

County, GA (granted 12/18/09) and Old 

Town, ME (granted 2/12/10) when the 

manufactured goods involved there had 

already been used in and incorporated 

into the ARRA project, that EPA has 

evaluated and considered the City’s 

waiver request as of January 4, 2010 to 

be considered under section 1605(b)(1) 

authority for public interest waivers. 

The City is hereby granted a waiver 

from the Buy American requirements of 

section 1605(a) of Public Law 111–5 for 

the purchase of 280 linear feet of large 

diameter 36′′ PVC pipe. 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: May 25, 2010. 

Dennis J. McLerran, 

Regional Administrator, EPA, Region 10. 

[FR Doc. 2010–13529 Filed 6–4–10; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL RESERVE SYSTEM 

Change in Bank Control Notices; 

Acquisition of Shares of Bank or Bank 

Holding Companies 

The notificants listed below have 

applied under the Change in Bank 

Control Act (12 U.S.C. 1817(j)) and 

§ 225.41 of the Board’s Regulation Y (12 

CFR 225.41) to acquire a bank or bank 

holding company. The factors that are 

considered in acting on the notices are 

set forth in paragraph 7 of the Act (12 

U.S.C. 1817(j)(7)). 

The notices are available for 

immediate inspection at the Federal 

Reserve Bank indicated. The notices 

also will be available for inspection at 

the office of the Board of Governors. 

Interested persons may express their 

views in writing to the Reserve Bank 

indicated for that notice or to the offices 

of the Board of Governors. Comments 

must be received not later than June 22, 

2010. 

A. Federal Reserve Bank of 

Richmond (A. Linwood Gill, III, Vice 

President) 701 East Byrd Street, 

Richmond, Virginia 23261–4528: 

1. Carlyle Financial Services Harbor, 

L.P., Washington, D.C.; CGFSP 

Coinvestment, L.P.; Carlyle Global 

Partner Master Coinvestment Cayman, 

L.P.; Carlyle Global Financial Services 

Partners, L.P.; TCG Financial Services, 

L.P.; Carlyle Financial Services, Ltd.; TC 

Group Cayman Investment Holdings, 

L.P.; TCG Holdings Cayman II, L.P.; 

DBD Cayman, Limited; TCG Financial 

Services Investment Holdings, L.P.; and 

Carlyle Financial Services Holdings, 

Ltd., all of Grand Cayman, Cayman 

Islands; Daniel A. D’ Aniello; William E. 

Conway, Jr.; and David M. Rubenstein, 

all of Washington, D.C.; and Carlyle 

Investment Management, L.L.C.; TC 

Group, L.L.C.; and TCG Holdings, 

L.L.C., all of Wilmington, Delaware; to 

acquire voting shares of Hampton Roads 

Bankshares, Inc., Norfolk, Virginia, and 

thereby indirectly acquire voting shares 

of Shore Bank, Onley, Virginia. 

Board of Governors of the Federal Reserve 

System, June 2, 2010. 

Robert deV. Frierson, 

Deputy Secretary of the Board. 

[FR Doc. 2010–13541 Filed 6–4–10; 8:45 am] 

BILLING CODE 6210–01–S 

FEDERAL RESERVE SYSTEM 

Formations of, Acquisitions by, and 

Mergers of Bank Holding Companies 

The companies listed in this notice 

have applied to the Board for approval, 

pursuant to the Bank Holding Company 

Act of 1956 (12 U.S.C. 1841 et seq.) 

(BHC Act), Regulation Y (12 CFR Part 

225), and all other applicable statutes 

and regulations to become a bank 

holding company and/or to acquire the 

assets or the ownership of, control of, or 

the power to vote shares of a bank or 

bank holding company and all of the 

banks and nonbanking companies 

owned by the bank holding company, 

including the companies listed below. 

The applications listed below, as well 

as other related filings required by the 

Board, are available for immediate 

inspection at the Federal Reserve Bank 

indicated. The applications also will be 

available for inspection at the offices of 

the Board of Governors. Interested 

persons may express their views in 

writing on the standards enumerated in 

the BHC Act (12 U.S.C. 1842(c)). If the 

proposal also involves the acquisition of 

a nonbanking company, the review also 

includes whether the acquisition of the 

nonbanking company complies with the 

standards in section 4 of the BHC Act 

(12 U.S.C. 1843). Unless otherwise 

noted, nonbanking activities will be 

WReier-Aviles on DSKGBLS3C1PROD with NOTICES