Federal Register / Vol. 75, No. 185 / Friday, September 24, 2010 / Notices 58383 

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. 

When a recipient or sub-recipient has 

used foreign iron, steel, and/or 

manufactured goods for an ARRA 

project without authorization, as is the 

case here, OMB’s regulation at 2 CFR 

176.130 directs EPA to take appropriate 

action, which may include processing a 

determination concerning the 

inapplicability of Section 1605 of ARRA 

in accordance with 2 CFR 176.120. 

Consistent with the direction of 2 CFR 

176.120, EPA will generally consider a 

waiver request made after obligating 

ARRA funds for a project to be a ‘‘late’’ 

request. However, in this case EPA has 

determined that the City’s request, 

though made after the date the contract 

was signed and after use of the foreign 

pipe fitting, can be evaluated as timely 

because the City could not reasonably 

have foreseen the need for such a 

determination until after initiating the 

work. Accordingly, EPA will evaluate 

the request as if it were timely. 

The City is requesting a waiver of the 

Buy American provision for a 30-inch 

diameter pipe fitting that was 

manufactured in China which replaced 

an existing 30-inch diameter cement 

lined ductile iron fitting on a finished 

water line at the Lowell Water 

Treatment facility. According to the 

City’s design engineer, the existing 30- 

inch diameter pipe fitting had been 

leaking for some time at the threaded 

connection with a 2-inch air release 

valve. The original intent of the City 

was to remove the air release valve, 

clean the threads, perform the necessary 

repairs, and re-install the existing 30- 

inch fitting. However, in the event of a 

possible break in the pipe delivery 

system or if the existing fitting failed 

during the repair work, a new 30-inch 

diameter pipe fitting had to be on-site 

on an emergency standby basis. As a 

result, the City explored having a 30- 

inch diameter pipe fitting on-site before 

they could start any additional repair 

work. 

During the week of May 3rd, 2010, the 

City was informed by three suppliers/ 

vendors that a 30-inch diameter 

domestic pipe fitting would not be 

available on an emergency standby basis 

unless the City purchased it outright. 

Based on information provided by the 

City’s consulting engineer, due to the 

large size of the fitting, vendors would 

only make their imported 30-inch tee 

pipe fittings available on standby status, 

but not their domestic pipe fittings. As 

a result, no domestic-made fittings of 

that size were available for stand-by in 

an emergency situation that would meet 

technical specifications. The City could 

not find a supplier/vendor that would 

promise right of first refusal on a 

domestic manufactured pipe fitting 

without purchasing it in full. None of 

the available vendors would allow the 

City the opportunity to return a 30-inch 

diameter domestic pipe fitting, if the 

City had decided on not installing it. 

The City decided to order a 30-inch 

diameter foreign manufactured pipe 

fitting (made in China at a cost to the 

City of Lowell of $4,000) to have it 

available on an emergency standby basis 

to minimize plant shutdown and any 

disruption of water service delivery, in 

the event total replacement became 

necessary or if the pipe delivery system 

failed. The City had planned to repair 

and re-install the existing pipe fitting, 

but once the repair work had begun, it 

was determined that complete 

replacement was the proper approach to 

take. During the week of June 14th, the 

new foreign manufactured 30-inch 

diameter pipe fitting was installed. 

Fortunately, and more importantly, no 

disruption of water transmission service 

took place due to proper planning. The 

City then made the request to the EPA 

for a waiver on June 18, 2010, 

immediately after the emergency 

replacement work took place and it 

could not reasonably foresee the need 

for such a determination until after 

initiating the repair work and 

determining that a complete 

replacement of the pipe fitting was the 

proper course of action. 

Furthermore, the purpose of the 

ARRA is to stimulate economic recovery 

by funding current infrastructure 

construction, not to delay or require the 

substantial redesign of projects that are 

‘‘shovel ready,’’ such as this project at 

the Lowell Water Treatment Plant. The 

imposition of ARRA Buy American 

requirements in this case would have 

likely resulted in unreasonable 

additional cost for this project and delay 

in its completion. Such delay would 

also directly conflict with a 

fundamental economic purpose of 

ARRA, which is to create or retain jobs. 

More importantly, the imposition could 

have resulted in a risk to public health 

had water service been interrupted for 

any extended period of time. 

The Municipal Assistance Unit (CMU) 

has reviewed this waiver request and 

has determined that the supporting 

documentation provided by the City’s 

design engineer established a proper 

basis to specify that using the domestic 

manufactured good would be 

inconsistent with the public interest of 

the City of Lowell. The information 

provided is sufficient to meet the 

following criteria listed under Section 

1605(b)(1) of the ARRA and in the April 

28, 2009 Memorandum: Applying these 

requirements would be inconsistent 

with the public interest. 

The March 31, 2009 Delegation of 

Authority Memorandum provided 

Regional Administrators with the 

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 using 

a domestically available alternative 

manufactured good would be 

inconsistent with the public interest, the 

City of Lowell, 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 30-inch 

diameter pipe fitting documented in the 

City’s waiver request submittal dated 

June 18, 2010. 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: September 15, 2010. 

Ira W. Leighton, 

Acting Regional Administrator, EPA Region 

1—New England. 

[FR Doc. 2010–23988 Filed 9–23–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9205–5] 

Science Advisory Board Staff Office 

Request for Nominations of Experts for 

the Review of Great Lakes Restoration 

Initiative Action Plan 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: The EPA Science Advisory 

Board (SAB) Staff Office is requesting 

public nominations for technical experts 

to form an SAB panel to review the 

interagency Great Lakes Restoration 

Initiative (GLRI) Action Plan which 

describes restoration priorities, goals, 

objectives, measurable ecological 

targets, and specific actions. 

DATES: Nominations should be 

submitted by October 15, 2010 per 

instructions below. 


srobinson on DSKHWCL6B1PROD with NOTICES
58384 Federal Register / Vol. 75, No. 185 / Friday, September 24, 2010 / Notices 

FOR FURTHER INFORMATION CONTACT: Any 

member of the public wishing further 

information regarding this Notice and 

Request for Nominations may contact 

Ms. Iris Goodman, Designated Federal 

Officer (DFO), SAB Staff Office, by 

telephone/voice mail at (202) 564–2164, 

by fax at (202) 565–2098, or via e-mail 

at goodman.iris@epa.gov. General 

information concerning the EPA Science 

Advisory Board can be found at the EPA 

SAB Web site at http//www.epa.gov/sab. 

SUPPLEMENTARY INFORMATION: 

Background: The SAB (42 U.S.C. 4365) 

is a chartered Federal Advisory 

Committee that provides independent 

scientific and technical peer review, 

advice, consultation, and 

recommendations to the EPA 

Administrator on the technical basis for 

EPA actions. As a Federal Advisory 

Committee, the SAB conducts business 

in accordance with the Federal 

Advisory Committee Act (FACA) (5 

U.S.C. App. 2) and related regulations. 

The SAB will comply with the 

provisions of FACA and all appropriate 

SAB Staff Office procedural policies. 

EPA is leading an interagency Great 

Lakes Restoration Initiative (GLRI) to 

protect and restore the chemical, 

biological, and physical integrity of the 

Great Lakes. The GLRI is designed to 

target the most significant 

environmental problems in the region, 

as documented in extensive scientific 

studies and by stakeholder review. To 

guide the efforts of the GLRI, EPA and 

its Federal partners, through the Great 

Lakes Interagency Task Force, 

developed a comprehensive multi-year 

Action Plan. The GLRI Action Plan 

identifies outcome-oriented 

performance goals, objectives, 

measurable ecological targets, and 

specific actions for five major focus 

areas: toxic substances and areas of 

concern; invasive species; near-shore 

health and nonpoint source pollution; 

habitat and wildlife protection and 

restoration; and accountability, 

education, monitoring, evaluation, 

communication, and partnerships. 

The EPA Great Lakes National 

Program Manager has requested the SAB 

to review the GLRI Action Plan to assess 

the appropriateness of its measures and 

actions to achieve its stated priorities 

and goals. The SAB Staff Office will 

form an expert panel to review the Plan 

and its targeted priorities. 

Request for Nominations: The SAB 

Staff Office is seeking nominations of 

nationally and internationally 

recognized scientists and engineers with 

demonstrated expertise and research or 

management experience in one or more 

of the following areas: Limnology, 

landscape ecology, restoration ecology, 

ecotoxicology, population biology, 

aquatic biology, fisheries and wildlife 

management, invasive species, water 

chemistry, environmental engineering, 

environmental monitoring, and 

environmental assessment. We are 

particularly interested in scientists and 

engineers with direct experience in the 

design, management, and 

implementation of environmental 

protection and restoration programs that 

have included development of metrics 

and environmental indicators used to 

monitor, evaluate, and communicate 

restoration progress. 

Availability of the review materials: 

The GLRI Action Plan is available on 

the Great Lakes National Program Office 

Web site http://greatlakesrestoration.us/ 

?page_id=24 and at the SAB Web site 

http://yosemite.epa.gov/sab/ 

sabpeople.nsf/WebCommittees/BOARD. 

For questions concerning the GLRI, 

please contact Paul Horvatin, Chief, 

Monitoring Indicators and Reporting 

Branch, U.S. EPA Great Lakes National 

Program Office, 77 West Jackson 

Boulevard (G–17J), Chicago, Illinois 

60604, phone (312) 353–3612; fax (312) 

385–5456, or at horvatin.paul@epa.gov. 

Process and Deadline for Submitting 

Nominations: Any interested person or 

organization may nominate qualified 

individuals in the areas of expertise 

described above for possible service on 

this expert Panel. Nominations should 

be submitted in electronic format 

(which is preferred over hard copy) 

following the instructions for 

‘‘Nominating Experts to Advisory Panels 

and Ad Hoc Committees Being Formed’’ 

provided on the SAB Web site. The 

instructions can be accessed through the 

‘‘Nomination of Experts’’ link on the 

blue navigational bar on the SAB Web 

site at http://www.epa.gov/sab. To 

receive full consideration, nominations 

should include all of the information 

requested below. 

EPA’s SAB Staff Office requests 

contact information about the person 

making the nomination; contact 

information about the nominee; the 

disciplinary and specific areas of 

expertise of the nominee; the nominee’s 

curriculum vita; sources of recent grant 

and/or contract support; and a 

biographical sketch of the nominee 

indicating current position, educational 

background, research activities, and 

recent service on other national 

advisory committees or national 

professional organizations. 

Persons having questions about the 

nomination procedures, or who are 

unable to submit nominations through 

the SAB Web site, should contact Ms. 

Iris Goodman, DFO, as indicated above 

in this notice. Nominations should be 

submitted in time to arrive no later than 

October 15, 2010. EPA values and 

welcomes diversity. In an effort to 

obtain nominations of diverse 

candidates, EPA encourages 

nominations of women and men of all 

racial and ethnic groups. 

The EPA SAB Staff Office will 

acknowledge receipt of nominations. 

The names and bio-sketches of qualified 

nominees identified by respondents to 

this Federal Register notice, and 

additional experts identified by the SAB 

Staff, will be posted in a List of 

Candidates on the SAB Web site at 

http://www.epa.gov/sab. Public 

comments on this List of Candidates 

will be accepted for 21 calendar days. 

The public will be requested to provide 

relevant information or other 

documentation on nominees that the 

SAB Staff Office should consider in 

evaluating candidates. 

For the EPA SAB Staff Office, a 

review panel includes candidates who 

possess the necessary domains of 

knowledge, the relevant scientific 

perspectives (which, among other 

factors, can be influenced by work 

history and affiliation), and the 

collective breadth of experience to 

adequately address the charge. In 

forming this expert panel, the SAB Staff 

Office will consider public comments 

on the List of Candidates, information 

provided by the candidates themselves, 

and background information 

independently gathered by the SAB 

Staff Office. Selection criteria to be used 

for Panel membership include: (a) 

Scientific and/or technical expertise, 

knowledge, and experience (primary 

factors); (b) availability and willingness 

to serve; (c) absence of financial 

conflicts of interest; (d) absence of an 

appearance of a lack of impartiality; and 

(e) skills working in committees, 

subcommittees and advisory panels; 

and, for the Panel as a whole, (f) 

diversity of expertise and viewpoints. 

The SAB Staff Office’s evaluation of 

an absence of financial conflicts of 

interest will include a review of the 

‘‘Confidential Financial Disclosure Form 

for Special Government Employees 

Serving on Federal Advisory 

Committees at the U.S. Environmental 

Protection Agency’’ (EPA Form 3110– 

48). This confidential form allows 

Government officials to determine 

whether there is a statutory conflict 

between that person’s public 

responsibilities (which includes 

membership on an EPA Federal 

advisory committee) and private 

interests and activities, or the 

appearance of a lack of impartiality, as 

defined by Federal regulation. The form 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 75, No. 185 / Friday, September 24, 2010 / Notices 58385 

may be viewed and downloaded from 

the following URL address http:// 

www.epa.gov/sab/pdf/epaform3110– 

48.pdf. 

The approved policy under which the 

EPA SAB Office selects subcommittees 

and review panels is described in the 

following document: Overview of the 

Panel Formation Process at the 

Environmental Protection Agency 

Science Advisory Board (EPA–SAB–EC– 

02–010), which is posted on the SAB 

Web site at http://www.epa.gov/sab/pdf/ 

ec02010.pdf. 

Dated: September 17, 2010. 

Vanessa T. Vu, 

Director, EPA Science Advisory Board Staff 

Office. 

[FR Doc. 2010–23982 Filed 9–23–10; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

Notice of Public Information 

Collection(s) Being Reviewed by the 

Federal Communications Commission 

for Extension Under Delegated 

Authority, Comments Requested 

[month day, year]. 

SUMMARY: The Federal Communications 

Commission, as part of its continuing 

effort to reduce paperwork burden 

invites the general public and other 

Federal agencies to take this 

opportunity to comment on the 

following information collection(s), as 

required by the Paperwork Reduction 

Act (PRA) of 1995, 44 U.S.C. 3501 – 

3520. Comments are requested 

concerning: (a) whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the Commission, including 

whether the information shall have 

practical utility; (b) the accuracy of the 

Commission’s burden estimate; (c) ways 

to enhance the quality, utility, and 

clarity of the information collected; (d) 

ways to minimize the burden of the 

collection of information on the 

respondents, including the use of 

automated collection techniques or 

other forms of information technology, 

and (e) ways to further reduce the 

information collection burden for small 

business concerns with fewer than 25 

employees. 

The FCC may not conduct or sponsor 

a collection of information unless it 

displays a currently valid control 

number. No person shall be subject to 

any penalty for failing to comply with 

a collection of information subject to the 

Paperwork Reduction Act (PRA) that 

does not display a currently valid OMB 

control number. 

DATES: Written Paperwork Reduction 

Act (PRA) comments should be 

submitted on or before November 23, 

2010. If you anticipate that you will be 

submitting PRA comments, but find it 

difficult to do so within the period of 

time allowed by this notice, you should 

advise the FCC contact listed below as 

soon as possible. 

ADDRESSES: Direct all PRA comments to 

Nicholas A. Fraser, Office of 

Management and Budget, via fax at 202– 

395–5167 or via the Internet at 

Nicholas_A._Fraser@omb.eop.gov and 

to the Federal Communications 

Commission via email to PRA@fcc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Benish Shah, Office of Managing 

Director, (202) 418–7866. For additional 

information, contact Benish Shah, OMD, 

418–7866, benish.shah@fcc.gov. 

SUPPLEMENTARY INFORMATION: 

OMB Control Number: 3060–0384. 

Title: Sections 64.901, 64.904 and 

64.905, Auditor’s Attestation and 

Certification. 

Form Number: N/A. 

Type of Review: Extension of a 

currently approved collection. 

Respondents: Business or other for– 

profit entities. 

Number of Respondents and 

Responses: 1 respondent, 1 response. 

Estimated Time per Response: 35–250 

hours. 

Obligation to Respond: Required to 

obtain or retain benefits. Statutory 

authority is contained in Sections 1, 4, 

201–205, 215, and 218–220 of the 

Communications Act of 1934, as 

amended, 47 U.S.C. Sections 151, 154, 

201–205, 215, and 218–220. 

Frequency of Response: On–occasion, 

biennial, and annual reporting 

requirements. 

Total Annual Burden: 255 hours. 

Total Annual Cost: $1,200,000. 

Privacy Act Impact Assessment: N/A. 

Nature of Extent of Confidentiality: 

This collection does not address 

information of a confidential nature. 

Needs and Uses: The Commission 

will submit this expiring information 

collection to the Office of Management 

and Budget (OMB) after this comment 

period to obtain the three year clearance 

from them. There is no change to the 

reporting requirements. The 

Commission is reporting a 1,280 hourly 

burden reduction. This reduction is due 

to fewer respondents and therefore the 

total annual burden hours have been 

reduced. 

Section 64.904(a) requires each 

incumbent LEC required to file a cost 

allocation manual is required to either 

have an attest engagement performed by 

an independent auditor every two years, 

covering the prior two year period, or 

have a financial audit performed by an 

independent auditor biennially. In 

either case, the initial engagement shall 

be performed in the calendar year after 

the carrier is first required to file a cost 

allocation manual. See Section 

64.904(a)–(c). Instead of requiring mid– 

sized carriers to incur the expense of a 

biennial attestation engagement, they 

now file a certification with the 

Commission stating that they are in 

compliance with 47 CFR 64.901 of the 

Commission’s rules. The certification 

must be signed, under oath, by an 

officer of the incumbent LEC, and filed 

with the Commission on an annual 

basis. Such certification of compliance 

represents a less costly means of 

enforcing compliance with our cost 

allocation rules. See 47 CFR 64.905 of 

the Commission’s rules. 

The requirements are imposed to 

ensure that the carriers are properly 

complying with Commission rules. 

They serve as an important aid in the 

Commission’s monitoring program. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary, 

Office of the Secretary, 

Office of Managing Director. 

[FR Doc. 2010–23938 Filed 9–23–10; 8:45 am] 

BILLING CODE 6712–01–S 

FEDERAL COMMUNICATIONS 

COMMISSION 

Notice of Public Information 

Collection(s) Being Reviewed by the 

Federal Communications Commission, 

Comments Requested 

September 17, 2010. 

SUMMARY: The Federal Communications 

Commission, as part of its continuing 

effort to reduce paperwork burden 

invites the general public and other 

Federal agencies to take this 

opportunity to comment on the 

following information collection(s), as 

required by the Paperwork Reduction 

Act (PRA) of 1995, 44 U.S.C. 3501 – 

3520. Comments are requested 

concerning: (a) whether the proposed 

collection of information is necessary 

for the proper performance of the 

functions of the Commission, including 

whether the information shall have 

practical utility; (b) the accuracy of the 

Commission’s burden estimate; (c) ways 

to enhance the quality, utility, and 

clarity of the information collected; (d) 

ways to minimize the burden of the 

collection of information on the 


srobinson on DSKHWCL6B1PROD with NOTICES