Federal Register / Vol. 75, No. 25 / Monday, February 8, 2010 / Notices 6203 

overflow water for this process 

eliminates the need for freshwater. 

Auburn researched additional options 

for cleaning the settled solids from the 

storage tank, including tipping buckets, 

and vacuum flushing, and concluded 

that the flushing gate system is 

preferable to the other options because 

it is more cost effective and allows for 

lower maintenance and more efficiency 

in operation due the use of stored CSO 

volume for cleaning. 

Auburn has requested a waiver from 

the Buy American provision for the 

purchase of a Hydroself model HS40 

flushing gate system manufactured in 

Canada. Auburn stated in their waiver 

application that they were unable to 

locate any domestic manufacturers of 

flushing gate systems. 

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’,’’ (‘‘EPA 

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.’’ 

EPA’s national contractor prepared a 

technical assessment report dated 

August 2, 2009 based on the submitted 

waiver request, identifying two 

potential domestic suppliers of flushing 

gates. After being notified of the 

potential domestic suppliers, Auburn 

contacted each of them to determine the 

availability of the manufactured good. 

The subsequent analysis by Auburn and 

EPA concluded that neither of the 

domestic suppliers were able to provide 

the specified good at the time needed 

and place needed, and in the proper 

form or specification as dictated by the 

project plans and design. 

Domestic supplier #1 is currently 

involved in a lawsuit that could stop the 

manufacturing and sale of the flushing 

gate. EPA has determined that, under 

certain circumstances, litigation creates 

a sufficient basis to render the specified 

equipment unavailable from a defendant 

U.S. manufacturer. Specifically, a U.S. 

manufacturer’s product may be 

considered unavailable when litigation 

that may implicate an assistance 

recipient’s legal rights to use—and 

consequently may subject the assistance 

recipient to patent infringement liability 

for using—the manufactured good being 

considered for a project has proceeded 

through initial legal processes, or been 

pending for a sufficient period of time 

(to make clear that the litigation will not 

be dismissed as frivolous). EPA 

reviewed the litigation documentation 

and concluded that, due to this pending 

litigation, procuring the flushing gates 

from domestic supplier #1 would 

present an unacceptable risk to Auburn, 

and this impediment thus means that 

the specified goods are not available 

from this supplier. Auburn contacted 

domestic supplier #2, and inquired 

about their ability to deliver the 

manufactured good within the project 

timeline. On September 30, 2009, 

domestic supplier #2 stated in writing 

that they could not meet Auburn’s 

timeline requirements for this project, 

thus establishing that the flushing gates 

would not be available from domestic 

supplier #2. EPA’s national contractor’s 

technical assessment report from August 

2, 2009, did not find any additional 

domestic suppliers of the specified 

manufactured good. 

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 

communities such as Auburn to revise 

their standards and specifications and to 

start the bidding process again. The 

imposition of ARRA Buy American 

requirements on such projects otherwise 

eligible for ARRA State Revolving Fund 

assistance would result in unreasonable 

delay and thus displace the ‘‘shovel 

ready’’ status for this project. To further 

delay project implementation is in 

direct conflict with a fundamental 

economic purpose of the ARRA, which 

is to create or retain jobs. 

The State and Tribal Programs Branch 

has reviewed this waiver request and 

has determined that the supporting 

documentation provided by Auburn is 

sufficient to meet the criteria listed 

under Section 1605(b) of the ARRA, 

OMB’s regulations at 2 CFR 176.60– 

176.170, and in the April 28, 2009, EPA 

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 basis for this 

project waiver is the authorization 

provided in Section 1605(b)(2) of the 

ARRA. 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 Auburn’s performance 

specifications and requirements, a 

waiver from the Buy American 

requirement is justified. 

The March 31, 2009 Delegation of 

Authority Memorandum provided 

Regional Administrators with the 

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, Auburn is hereby 

granted a waiver from the Buy American 

requirements of Section 1605(a) of 

Public Law 111–5 for the purchase of 

the Hydroself model HS40 flushing gate 

system using ARRA funds as specified 

in the community’s request of July 14, 

2009. 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 December 10, 2009. 

Walter W. Kovalick, Jr., 

Acting Regional Administrator, Region 5. 

[FR Doc. 2010–2661 Filed 2–5–10; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL DEPOSIT INSURANCE 

CORPORATION 

Agency Information Collection 

Activities: Submission for OMB 

Review; Comment Request 

AGENCY: Federal Deposit Insurance 

Corporation (FDIC). 

ACTION: Notice of information collection 

to be submitted to OMB for review and 

approval under the Paperwork 

Reduction Act. 

SUMMARY: The FDIC, as part of its 

continuing effort to reduce paperwork 

and respondent burden, invites the 

general public and other Federal 

agencies to take this opportunity to 

comment on renewal of an existing 

information collection, as required by 

the Paperwork Reduction Act of 1995 (4 

U.S.C. chapter 35). On December 1, 

2009 (74 FR 62776), the FDIC solicited 

public comment for a 60-day period on 

renewal of its ‘‘Qualifications for Failed 

Bank Acquisitions’’ information 

collection (OMB No. 3064–0169), 

currently approved under OMB 

emergency clearance procedures. No 

comments were received. Therefore, the 

FDIC hereby gives notice of its 

submission of the information collection 

to OMB for review under normal 

clearance procedures. 

DATES: Comments must be submitted on 

or before March 10, 2010. 

ADDRESSES: Interested parties are 

invited to submit written comments to 

the FDIC by any of the following 

WReier-Aviles on DSKGBLS3C1PROD with NOTICES

6204 Federal Register / Vol. 75, No. 25 / Monday, February 8, 2010 / Notices 

methods. All comments should refer to 

the name of the collection: 

• http://www.FDIC.gov/regulations/

laws/federal/notices.html. 

• E-mail: comments@fdic.gov Include 

the name of the collection in the subject 

line of the message. 

• Mail: Leneta G. Gregorie (202–898– 

3719), Counsel, Room F–1064, Federal 

Deposit Insurance Corporation, 550 17th 

Street, NW., Washington, DC 20429. 

• Hand Delivery: Comments may be 

hand-delivered to the guard station at 

the rear of the 17th Street Building 

(located on F Street), on business days 

between 7 a.m. and 5 p.m. 

A copy of the comments may also be 

submitted to the OMB desk officer for 

the FDIC: Office of Information and 

Regulatory Affairs, Office of 

Management and Budget, New 

Executive Office Building, Washington, 

DC 20503. 

FOR FURTHER INFORMATION CONTACT: 

Leneta G. Gregorie at the address 

identified above. 

SUPPLEMENTARY INFORMATION: 

Request To Obtain Full Clearance of the 

Following Collection of Information 

Currently Approved on an Emergency 

Basis 

Title: Qualifications for Failed Bank 

Acquisitions. 

OMB Number: 3064–0169. 

Estimated Number of Respondents 

Investor reports on affiliates—20. 

Maintenance of business books and 

records—5. 

Disclosures regarding investors and 

entities in ownership chain—20. 

Frequency of Response 

Investor reports on affiliates—12. 

Maintenance of business books and 

records—4. 

Disclosures regarding investors and 

entities in ownership chain—4. 

Affected Public: Private capital 

investors seeking to acquire assets and/ 

or liabilities of failed insured depository 

institutions. 

Estimated Time per Response 

Investor reports on affiliates—2 hours. 

Maintenance of business books and 

records—2 hours. 

Disclosures regarding investors and 

entities in ownership chain—4 hours. 

Total Annual Burden: 840 hours. 

General Description of Collection: 

This collection includes reporting, 

recordkeeping, and disclosure 

requirements for private capital 

investors that propose to acquire, 

directly or indirectly, the deposit 

liabilities and or such liabilities and 

assets from the resolution of a failed 

insured depository institution or for 

applicants of deposit insurance in the 

case of de novo charters issued in 

connection with the resolution of failed 

insured depository institutions 

(Investors). The information sought from 

these Investors will provide greater 

transparency to the FDIC about their 

business models, capital structures, 

management, interaction with related 

parties, and other interests of Investors 

involved in the acquisition of deposit 

liabilities or liabilities and assets from 

troubled insured depository institutions. 

Request for Comment 

Comments are invited on: (a) Whether 

this collection of information is 

necessary for the proper performance of 

the FDIC’s functions, including whether 

the information has practical utility; (b) 

the accuracy of the estimates of the 

burden of the information collection, 

including the validity of the 

methodologies and assumptions used; 

(c) ways to enhance the quality, utility, 

and clarity of the information to be 

collected; and (d) ways to minimize the 

burden of the information collection on 

respondents, including through the use 

of automated collection techniques or 

other forms of information technology. 

All comments will become a matter of 

public record. 

Dated at Washington, DC this 2nd day of 

February, 2010. 

Federal Deposit Insurance Corporation. 

Valerie Best, 

Assistant Executive Secretary. 

[FR Doc. 2010–2576 Filed 2–5–10; 8:45 am] 

BILLING CODE 6714–01–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 February 

22, 2010. 

A. Federal Reserve Bank of 

Philadelphia (Michael E. Collins, Senior 

Vice President) 100 North 6th Street, 

Philadelphia, Pennsylvania 19105– 

1521: 

1. Evelyn Rome Tabas, Narberth, 

Pennsylvania; to acquire voting shares 

of Royal Bancshares of Pennsylvania, 

Inc. Narberth, Pennsylvania, and 

thereby indirectly acquire voting shares 

of Royal Asian Bank, Philadelphia, 

Pennsylvania, and Royal Bank of 

America, Narberth, Pennsylvania. 

B. Federal Reserve Bank of Kansas 

City (Dennis Denney, Assistant Vice 

President) 1 Memorial Drive, Kansas 

City, Missouri 64198–0001: 

1. The Galen L. Curry Marital Trust 

and Donna M. Curry, Piqua, Kansas, 

trustee, to retain control of My Anns 

Corporation, and thereby indirectly 

retain control of Piqua State Bank, both 

in Piqua, Kansas. 

Board of Governors of the Federal Reserve 

System, February 2, 2010. 

Robert deV. Frierson, 

Deputy Secretary of the Board. 

[FR Doc. 2010–2564 Filed 2–5–10; 8:45 am] 

BILLING CODE 6210–01–S 

FEDERAL MARITIME COMMISSION 

Notice of Agreement Filed—Correction 

The Commission hereby gives notice 

of a correction in the Title of the 

following agreement under the Shipping 

Act of 1984. Interested parties may 

submit comments on the agreement to 

the Secretary, Federal Maritime 

Commission, Washington, DC 20573, 

within ten days of the date this notice 

appears in the Federal Register. A copy 

of the agreement is available through the 

Commission’s Web site (http://www.

fmc.gov) or by contacting the Office of 

Agreements at (202) 523–5793 or 

tradeanalysis@fmc.gov. 

Agreement No.: 201118–002. 

Title: Lease and Operating Agreement 

between Philadelphia Regional Port 

Authority and Penn Warehousing & 

Distribution, Inc. 

Parties: Philadelphia Regional Port 

Authority and Penn Warehousing and 

Distribution, Inc. 

Filing Party: Paul D. Coleman, Esq.; 

Hoppel, Mayer & Coleman; 1050 

Connecticut Ave., NW., 10th Floor; 

Washington, DC 20036. 

Synopsis: The amendment defines the 

lease year, clarifies the dockage fee, 

allows a credit to the Lessee if dockage 

fees collected reach a certain level, and 

makes other miscellaneous changes. 

By Order of the Federal Maritime 

Commission. 

WReier-Aviles on DSKGBLS3C1PROD with NOTICES