Federal Register / Vol. 75, No. 168 / Tuesday, August 31, 2010 / Notices 53301 

Paperwork Reduction Act: EPA has 

reviewed the requirements imposed on 

regulated facilities in these proposed 

general permits under the Paperwork 

Reduction Act of 1980, 44 U.S.C. 501, et 

seq. The information collection 

requirements of these permits have 

already been approved by the Office of 

Management and Budget in submissions 

made for the NPDES permit program 

under the provisions of the Clean Water 

Act. 

Regulatory Flexibility Act (RFA), 5 

U.S.C 601, et seq., as amended by the 

Small Business Regulatory Enforcement 

Fairness Act (SBREFA): The RFA 

requires that EPA prepare a regulatory 

flexibility analysis for rules subject to 

the requirements of 5 U.S.C. 553(b) that 

have a significant impact on a 

substantial number of small entities. 

The permit proposed today, however, is 

not a ‘‘rule’’ subject to the requirements 

of 5 U.S.C. 553(b) and is therefore not 

subject to the RFA. 

Unfunded Mandates Reform Act: 

Section 201 of the Unfunded Mandates 

Reform Act (UMRA), Public Law 104–4, 

generally requires Federal agencies to 

assess the effects of their ‘‘regulatory 

actions’’ defined to be the same as 

‘‘rules’’ subject to the RFA) on Tribal, 

State, local governments and the private 

sector. The permit proposed today, 

however, is not a ‘‘rule’’ subject to the 

RFA and is therefore not subject to the 

requirements of the UMRA. 

Authority: Clean Water Act, 33 U.S.C. 

1251, et seq. 

Dated: August 24, 2010. 

Stephen S. Tuber, 

Assistant Regional Administrator, Office of 

Partnerships and Regulatory Assistance. 

[FR Doc. 2010–21675 Filed 8–30–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9195–6] 

Proposed Cercla Administrative Order 

on Consent for the Standard Mine Site, 

Gunnison County, CO 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice and request for public 

comment. 

SUMMARY: In accordance with the 

requirements of section 122(i) of the 

Comprehensive Environmental 

Response, Compensation, and Liability 

Act, as amended (‘‘CERCLA’’), 42 U.S.C. 

9622(I), notice is hereby given of a 

proposed Administrative Order on 

Consent (‘‘AOC’’) under sections 104, 

106, 107, and 122 of CERCLA, 42 U.S.C. 

9604, 9606, 9607, and 9622, between 

EPA and Elijah Valencia regarding the 

Standard Mine Site, located in 

Gunnison County, Colorado. The 

proposed AOC is for recovery of past 

and projected future response costs 

concerning the Standard Mine site in 

Gunnison County, Colorado with Elijah 

Valencia based upon ability to pay. The 

settlement requires the settling party to 

execute an environmental covenant and 

provide access to real property. The 

settlement includes a covenant not to 

sue the settling party pursuant to 

Section 107(a) of CERCLA, 42 U.S.C. 

9607(a). For thirty (30) days following 

the date of publication of this notice, the 

Agency will consider all comments 

received on the AOC and may modify or 

withdraw its consent to the AOC, if 

comments received disclose facts or 

considerations which indicate that the 

settlement is inappropriate, improper, 

or inadequate. The Agency’s response to 

any comments received will be available 

for public inspection at the EPA 

Superfund Record Center, 1595 

Wynkoop Street, 2nd Floor, in Denver, 

Colorado. 

DATES: Comments must be submitted on 

or before September 30, 2010. 

ADDRESSES: The proposed settlement 

and additional background information 

relating to the settlement are available 

for public inspection at the EPA 

Superfund Records Center, 1595 

Wynkoop Street, 2nd Floor, in Denver, 

Colorado 80202. Comments and 

requests for a copy of the proposed 

settlement should be addressed to John 

D. Works, Enforcement Specialist 

(8ENF–RC), Technical Enforcement 

Program, U.S. Environmental Protection 

Agency, 1595 Wynkoop Street, Denver, 

Colorado 80202–1129, and should 

reference the Standard Mine Site/ 

Valencia settlement. 

FOR FURTHER INFORMATION CONTACT: John 

D. Works, Enforcement Specialist 

(8ENF–RC), Technical Enforcement 

Program, U.S. Environmental Protection 

Agency, 1595 Wynkoop Street, Denver, 

Colorado 80202–1129, (303) 312–6196. 

It is so agreed. 

Dated: August 25, 2010. 

Sharon L. Kercher, 

Acting Assistant Regional Administrator, 

Office of Enforcement, Compliance and 

Environmental Justice, U.S. Environmental 

Protection Agency, Region 8. 

[FR Doc. 2010–21718 Filed 8–30–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9195–1] 

Notice of a Regional Project Waiver of 

Section 1605 (Buy American) of the 

American Recovery and Reinvestment 

Act of 2009 (ARRA) to the Town of 

Sturbridge, MA 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: The EPA is hereby granting a 

waiver of the Buy America 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 Town of 

Sturbridge, Massachusetts (‘‘Town’’) for 

the purchase of a foreign manufactured 

submersible mixer to be installed in a 

new septage storage tank as part of a 

proposed wastewater treatment plant 

upgrade. 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 

recipient that wishes to use the same 

product must apply for a separate 

waiver based on project specific 

circumstances. Based upon information 

submitted by Sturbridge and its 

consulting engineer, it has been 

determined that there are currently no 

domestic manufactured submersible 

mixers available to meet its proposed 

technical project specifications. The 

Regional Administrator is making this 

determination based on the review and 

recommendations of the Municipal 

Assistance Unit. The Assistant 

Administrator of the Office of 

Administration and Resources 

Management has concurred on this 

decision to make an exception to 

Section 1605 of ARRA. This action 

permits the purchase of a foreign 

manufactured submersible mixer by the 

Town of Sturbridge, Massachusetts, as 

specified in its May 25, 2010 request. 

DATES: Effective Date: August 19, 2010. 

FOR FURTHER INFORMATION CONTACT: 

David Chin, Environmental Engineer, 

(617) 918–1764, or Katie Connors, 

Environmental Engineer, (617) 918– 

1658, Municipal Assistance Unit (CMU), 

Office of Ecosystem Protection (OEP), 

U.S. EPA, 5 Post Office Square, Suite 

100, Boston, MA 02109–3912. 

SUPPLEMENTARY INFORMATION: In 

accordance with ARRA Section 

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

provides notice that it is granting a 

project waiver of the requirements of 


srobinson on DSKHWCL6B1PROD with NOTICES
53302 Federal Register / Vol. 75, No. 168 / Tuesday, August 31, 2010 / Notices 

Section 1605(a) of Public Law 111–5, 

Buy American requirements, to the 

Town of Sturbridge, Massachusetts for 

the purchase of a non-domestic 

manufactured submersible mixer, the 

Landia Model POPR–1 made in 

Denmark, to be installed in a new 

septage storage tank to meet its 

technical design specifications as part of 

its proposed wastewater treatment plant 

upgrade. 

EPA has determined that the Town’s 

waiver request is late, but EPA will 

evaluate the request as if it were timely 

made even though the request was made 

after the construction contract was 

signed. Consistent with the direction of 

the OMB Guidance 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, in this case EPA has 

determined that the Town’s request, 

though made after the date that the 

contract was signed, can be evaluated as 

timely because a domestic submersible 

mixer meeting project specifications 

was found to be unavailable by the 

contractor only after the shop drawings 

had become available, which was after 

the contract date. The need for a waiver 

was not determined until after the 

contractor had completed its review and 

had confirmed that there were no 

domestic submersible mixers available 

to meet project specifications. 

Accordingly, EPA will evaluate the 

request as if it were timely made. 

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 

is 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 if EPA determines that 

(1) applying these requirements would 

be inconsistent with the 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. 

The Town of Sturbridge is proposing 

a major upgrade to its existing 

secondary treatment facility. It will 

include the construction of a new 

headworks building; renovations to the 

existing process and filter buildings; 

renovations to existing storage tanks and 

the construction of new storage tanks; 

construction of new yard piping and 

conduit systems; and other site 

improvements. The construction will 

take place while the existing treatment 

facility remains fully operational. The 

estimated cost of the entire wastewater 

treatment facility upgrade, necessary to 

meet more stringent effluent limits in 

the future and to accommodate 

expansion of the municipal sewer 

system, is approximately $16M. 

According to the Town’s design 

engineer, the corrosive nature of the 

septage and landfill leachate to be 

stored in the new septage storage tank 

requires that the submersible mixer be 

constructed entirely of stainless steel. 

Other prominent specifications require 

that the mixer be equipped with a single 

planetary gear box with gear reduction 

capability to provide increased 

longevity and efficiency for the 

submersible mixer, and require that the 

mixer shaft be equipped with a motor 

shaft sealing system comprised of three 

seals. Excerpts from the submersible 

mixer specifications document provided 

by the Town’s design engineer include 

the following: 

(1) Each mixer shall be of the integralgear, close coupled, submersible type 

with a maximum propeller speed of 390 

rpm. All components of the mixer, 

including the motor and gearbox, shall 

be manufactured of solid AISI 316 acidproof stainless steel and provide 

continuous underwater operation while 

the mixer blades are completely 

submerged. No stainless steel jackets 

that cover a cast iron housing shall be 

allowed. 

(2) Each mixer shall be provided with 

a grease chamber in the propeller hub 

for the shaft sealing system, and a 

separate oil chamber for the gearbox and 

mechanical seals. Drains and inspection 

plugs shall be provided with positive 

anti-leak seals and shall be accessible 

from the outside. 

(3) Each mixer shall be provided with 

a sealing system consisting of three seals 

separating the various parts. The outer 

seal in the propeller hub shall be a lip 

seal with a stainless steel spring, sealing 

the propeller shaft and hub grease 

chamber from the mixed media, running 

on a stainless steel exchangeable wear 

bushing. 

(4) The gearbox shall be a one-stage 

planetary reduction gear, equipped with 

high precision, low-loaded gears 

designed for infinite life and shall have 

a service factor of not less than 1.5. 

The Town provided information on 

four domestic manufacturers of 

submersible mixers and has determined 

that there are currently no domestic 

manufacturers able to provide a 

submersible mixer that can meet all of 

the project technical specifications. The 

Town also identified a foreign 

manufacturer, Landia, Inc., in Denmark, 

which produces a submersible mixer, 

Landia Model POPR–1. According to the 

design engineer for the Town, it is the 

only submersible mixer that is equipped 

with a gear reduction capability and is 

constructed entirely of stainless steelwetted parts meeting all project 

specifications. The Town has requested 

a waiver for the Landia submersible 

mixer, Model POPR–1, to be installed in 

the new septage storage tank. 

An independent evaluation 

conducted by EPA’s technical review 

team supports and confirms the Town’ 

claim that there are currently no 

domestic manufacturers that can 

provide a submersible mixer to meet 

project specifications. Research and 

follow-up communications between 

EPA’s national contractor and the four 

identified domestic manufacturers 

confirmed that three do not manufacture 

gear driven submersible mixers, and the 

fourth does not produce entirely 

stainless steel mixers. Additional 

research conducted by EPA’s national 

contractor identified another domestic 

submersible mixer manufacturer. 

However, it is not able to provide a 

submersible mixer that meets project 

specifications. While this manufacturer 

claims that it plans to produce a 

submersible mixer to meet project 

specifications by the latter part of 2010, 

it does not currently do so. 

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’ ’’ 

(‘‘Memorandum’’), 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 same Memorandum 

defines ‘‘satisfactory quality’’ as ‘‘the 

quality of steel, iron or manufactured 

good specified in the project plans and 

designs.’’ 

Furthermore, the purpose of the 

ARRA is to stimulate economic recovery 

by funding current infrastructure 

construction, not to delay or curtail 

entirely projects that are ‘‘shovel ready’’ 

by requiring potential SRF eligible 

recipients, such as the Town of 

Sturbridge, to revise their design 

standards and specifications. To curtail 

entirely this construction would directly 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 75, No. 168 / Tuesday, August 31, 2010 / Notices 53303 

conflict with a fundamental economic 

purpose of ARRA, which is to create or 

retain jobs. 

The Municipal Assistance Unit (CMU) 

has reviewed this waiver request and 

has determined that the supporting 

documentation provided by Sturbridge 

establishes both a proper basis to 

specify a particular manufactured good, 

and that the domestic manufactured 

goods that are currently available do not 

meet the design specifications for the 

proposed project. The information 

provided is sufficient to meet the 

following criteria listed under Section 

1605(b) of the ARRA and in the April 

28, 2009 Memorandum: Iron, steel, and 

the manufactured goods are not 

produced in the United States in 

sufficient and reasonably available 

quantities and of a satisfactory quality. 

The March 31, 2009 Delegation of 

Authority Memorandum provided 

Regional Administrators with temporary 

authority to issue exceptions to Section 

1605 of the 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 good 

required for this project and that this 

manufactured good was not available 

from a producer in the United States, 

the Town of Sturbridge, Massachusetts 

is hereby granted a waiver from the Buy 

American requirements of Section 

1605(a) of Public Law 111–5. This 

waiver permits use of ARRA funds for 

the purchase of a foreign manufactured 

submersible mixer in Sturbridge’s 

waiver request submittal dated May 25, 

2010. This supplementary information 

constitutes the detailed written 

justification required by Section 1605(c) 

for waivers based on a finding under 

subsection (b). 

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

Dated: August 19, 2010. 

Ira W. Leighton, 

Acting Regional Administrator, EPA Region 

1—New England. 

[FR Doc. 2010–21676 Filed 8–30–10; 8:45 am] 

BILLING CODE 6560–50–P 

FARM CREDIT ADMINISTRATION 

Farm Credit Administration Board; 

Sunshine Act; Regular Meeting 

AGENCY: Farm Credit Administration. 

SUMMARY: Notice is hereby given, 

pursuant to the Government in the 

Sunshine Act (5 U.S.C. 552b(e)(3)), of 

the regular meeting of the Farm Credit 

Administration Board (Board). 

DATES: Date and Time: The regular 

meeting of the Board will be held at the 

offices of the Farm Credit 

Administration in McLean, Virginia, on 

September 8, 2010, from 9 a.m. until 

such time as the Board concludes its 

business. 

FOR FURTHER INFORMATION CONTACT: 

Roland E. Smith, Secretary to the Farm 

Credit Administration Board, (703) 883– 

4009, TTY (703) 883–4056. 

ADDRESSES: Farm Credit 

Administration, 1501 Farm Credit Drive, 

McLean, Virginia 22102–5090. 

SUPPLEMENTARY INFORMATION: Parts of 

this meeting of the Board will be open 

to the public (limited space available), 

and parts will be closed to the public. 

In order to increase the accessibility to 

Board meetings, persons requiring 

assistance should make arrangements in 

advance. The matters to be considered 

at the meeting are: 

Open Session 

A. Approval of Minutes 

• August 12, 2010. 

B. New Business 

• Merger of the Louisiana Ag Credit 

ACA, and Subsidiaries with Southern 

AgCredit, ACA, and Subsidiaries. 

• Fall 2010 Abstract of the Unified 

Agenda of Federal Regulatory and 

Deregulatory Actions and Fall 2010 

Regulatory Performance Plan. 

• Farm Credit Administration 

Revised FY 2011 and Proposed FY 2012 

Budget. 

Closed Session* 

Reports 

• OSMO Quarterly Report. 

*Session Closed—Exempt pursuant to 

5 U.S.C. 552b(c)(8) and (9). 

Dated: August 27, 2010. 

Roland E. Smith, 

Secretary, Farm Credit Administration Board. 

[FR Doc. 2010–21859 Filed 8–27–10; 4:15 pm] 

BILLING CODE 6705–01–P 

FINANCIAL CRISIS INQUIRY 

COMMISSION 

Notice of Public Hearing 

AGENCY: Financial Crisis Inquiry 

Commission. 

ACTION: Notice. 

SUMMARY: The next public hearing of the 

Financial Crisis Inquiry Commission 

(FCIC) is titled ‘‘Too Big to Fail: 

Expectations and Impact of 

Extraordinary Government Intervention 

and the role of Systemic Risk in the 

Financial Crisis.’’ The forum will also be 

webcast live at http://www.FCIC.gov. 

DATES: The hearing will be held on: 

Wednesday, September 1, 2010, 9 a.m. 

EDT; and Thursday, September 2, 2010, 

9 a.m. EDT. 

ADDRESSES: The hearing will be held at: 

Dirksen Senate Office Building, Room 

538, Washington, DC 20515. 

FOR FURTHER INFORMATION CONTACT: 

Gretchen Kinney Newsom, Financial 

Crisis Inquiry Commission, 1717 

Pennsylvania Avenue, Suite 800, 

Washington, DC 20006. 202–292–2799; 

202–632–1604 fax. 

SUPPLEMENTARY INFORMATION: The 

purpose of the Financial Crisis Inquiry 

Commission is to examine the causes, 

domestic and global, of the current 

financial and economic crisis in the 

United States, per the requirements of 

the Fraud Enforcement and Recovery 

Act of 2009 (‘‘FERA’’), Section 5, Public 

Law 111–21–123 Stat. 1617 (2009). 

Public Participation: The hearing is 

open to the public. The Chairman of the 

Commission will lead the hearing for 

the orderly conduct of business. 

Dated: August 25, 2010. 

Gretchen Kinney Newsom, 

Certifying Official and Special Assistant to 

the Chairman, Financial Crisis Inquiry 

Commission. 

[FR Doc. 2010–21613 Filed 8–30–10; 8:45 am] 

BILLING CODE 6820–RK–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Office of the Secretary 

Findings of Research Misconduct 

AGENCY: Office of the Secretary, HHS. 

ACTION: Notice. 

SUMMARY: Notice is hereby given that 

the Office of Research Integrity (ORI) 

and the Assistant Secretary for Health 

have taken final action in the following 

case: 

Hung-Shu Chang, PhD, Washington 

State University: Based on the report of 

an investigation conducted by the 

Washington State University (WSU) and 

additional analysis by ORI in its 

oversight review, the U.S. Public Health 

Service (PHS) found that Hung-Shu 

Chang, PhD, former postdoctoral fellow, 

WSU, engaged in research misconduct 

in research supported by National 

Institute of Environmental Health 

Sciences (NIEHS), National Institutes of 

Health (NIH), grant R01 ES012974. 

PHS found that the Respondent 

engaged in scientific (42 CFR 50.102) 

and research misconduct by fabricating 


srobinson on DSKHWCL6B1PROD with NOTICES