66760 Federal Register / Vol. 75, No. 209 / Friday, October 29, 2010 / Notices 

the Panel for their consideration prior to 

the meeting. Written statements should 

be supplied to Ms. Sanzone in the 

following formats: One hard copy with 

original signature and one electronic 

copy via e-mail (acceptable file format: 

Adobe Acrobat PDF, MS Word, 

WordPerfect, MS PowerPoint, or Rich 

Text files). Submitters are asked to 

provide electronic versions of each 

document submitted with and without 

signatures, because the SAB Staff Office 

does not publish documents with 

signatures on its Web sites. 

Accessibility: For information on 

access or services for individuals with 

disabilities, please contact Ms. Sanzone 

at (202) 564–2067, or via e-mail at 

sanzone.stephanie@epa.gov, preferably 

at least ten (10) days prior to the 

meeting, to give EPA as much time as 

possible to process your request. 

Dated: October 25, 2010. 

Vanessa T. Vu, 

Director, EPA Science Advisory Board Staff 

Office. 

[FR Doc. 2010–27430 Filed 10–28–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9218–3] 

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 Palmer (the City) Alaska 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: The Regional Administrator 

of EPA Region 10 is hereby granting a 

waiver request from the Buy American 

requirements of ARRA Section 1605(a) 

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 City for the purchase and use of 

four rotary screw air compressors to 

provide aeration for the wastewater 

treatment facility’s biological treatment 

lagoons. 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. These rotary 

compressors, which are supplied by 

Atlas Copco, are manufactured in 

England and Belgium, and meet the 

City’s performance specifications and 

requirements. The Regional 

Administrator is making this 

determination based on the review and 

recommendations of the Grants & 

Strategic Planning Unit. The City has 

provided sufficient documentation to 

support their request. 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 rotary screw air 

compressors for Palmer’s activated 

wastewater treatment project that may 

otherwise be prohibited under Section 

1605(a) of the ARRA. 

DATES: Effective Date: October 20, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Bryan Fiedorczyk, CWSRF ARRA 

Program Management Analyst, Grants 

and Strategic Planning Unit, Office of 

Water & Watersheds (OWW), (206) 553– 

0506, U.S. EPA Region 10 (OWW–137), 

1200 Sixth Avenue, Suite 900, Seattle, 

WA 98101. 

SUPPLEMENTARY INFORMATION: In 

accordance with ARRA Section 1605(c) 

and OMB regulations at 2 CFR Part 176, 

Subpart B, the EPA hereby provides 

notice that it is granting a project waiver 

request of the requirements of Section 

1605(a) of Public Law 111–5, Buy 

American requirements, to the City for 

the purchase and use of four Atlas 

Copco rotary screw air compressors 

manufactured outside of the U.S. The 

compressors will be incorporated as part 

of a wastewater treatment system 

upgrade project that includes lagoon 

insulation covers and a high-efficiency 

aeration system, which will reduce 

energy consumption by more than 40 

percent. The City received $2,500,000 of 

ARRA funding through the Clean Water 

State Revolving Fund to complete this 

project. The City was unable to find a 

supplier that could provide American 

manufactured rotary screw compressors 

to meet the project specifications and 

performance requirements. 

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. 

EPA has determined that the City’s 

waiver request can be processed as 

timely 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 has evaluated the City’s request to 

determine if the request constitutes a 

late request. 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 City’s request, 

though submitted after the contract date, 

may be processed as if it were timely. 

EPA has determined that the City 

needed to complete installation of 

insulated lagoon covers and complete 

testing to verify that the aeration system 

assumptions would be accurate. This 

data was necessary to justify the blower 

modifications that give rise to the need 

for the air compressors that are subject 

to this waiver. The applicant could not 

reasonably foresee they would need to 

request a waiver for a foreign made 

product before the data sampling was 

completed, which occurred after the 

contract was signed. EPA is authorized 

under 2 CFR 176.120 to process a 

waiver request as if it were timely if the 

need for the waiver was not reasonably 

foreseeable. Accordingly, EPA has 

evaluated the request as a timely 

request. 

These manufactured goods will 

provide aeration for the City’s treatment 

process. The City selected the specified 

rotary screw compressor technology 

because of: (1) Well documented energyefficiency in wastewater operations; 

(2) necessary efficiency for energy 

modeling and to meet Green Project 

Reserve requirements; (3) oil free 

operation characteristics to reduce risk 

of pollutant discharges into a fishbearing stream; (4) reduced life cycle 

cost of operation and maintenance; 

(5) small footprint required by project 

space constraints, and; (6) low noise 

emission characteristics. Additionally, 

in the bid specifications for the rotary 

screw blowers, the City identified 

performance testing criteria to evaluate 

power consumption of the aeration 

system’s components, including the 

main drive motor, Variable Speed 

Drives (VSD), filters, etc. The 

specifications also required the 

WReier-Aviles on DSKGBLS3C1PROD with NOTICES

Federal Register / Vol. 75, No. 209 / Friday, October 29, 2010 / Notices 66761 

performance test to be witnessed by the 

senior wastewater treatment plant 

operator and an independent engineer. 

Between February and July of 2010, 

the City’s engineering consultant 

conducted an extensive investigation 

into all possible sources for American 

made rotary screw compressors. Based 

on the investigation, several companies 

were found to manufacture these 

machines, but only one, Universal 

Blower Pac (UBP), claimed to be able to 

meet the required performance 

specifications. EPA’s national contractor 

prepared a technical assessment report 

dated August 26, 2010, based on the 

submitted waiver request. The report 

indicated that UBP confirmed the EE– 

Pac compressor could comply with 

performance specification requirements, 

and the EPA contractor concluded that 

no other U.S. manufacturers produced 

rotary screw blowers that would meet 

the project specifications. Over the 

course of several months, the City and 

engineering consultant attempted to 

gather energy performance and 

independent engineering testing results 

from UBP to validate UBP’s claim that 

the EE–Pac compressor would meet the 

project specifications. Responses from 

UBP have not included the required 

information to consider system energy 

loss and independent engineering 

testing as identified in the performance 

specifications. Therefore, UBP’s claim to 

produce an acceptable compressor does 

not meet the project specifications. 

Thus, the City has demonstrated due 

diligence in their efforts and were 

ultimately unable to identify an 

available domestic product of 

satisfactory quality. 

The April 28 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. Based on additional 

research by the City and EPA’s national 

contractor, 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 was 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 halt 

construction pending manufacture of 

domestically produced goods. To 

further delay construction is in direct 

conflict with the most fundamental 

economic purposes of ARRA; to create 

or retain jobs. 

The Grants and Strategic Planning 

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: 

Iron, Steel, and 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), due to the lack of U.S. 

production of rotary screw air 

compressors, in order to meet the City’s 

design specifications and performance 

requirements. 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 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 City is hereby granted a waiver from 

the Buy American requirements of 

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

the purchase and use of four rotary 

screw air compressors manufactured by 

Atlas Copco outside of the U.S. 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: October 20, 2010. 

Michelle L. Pirzadeh, 

Acting Regional Administrator, EPA, Region 

10. 

[FR Doc. 2010–27429 Filed 10–28–10; 8:45 am] 

BILLING CODE 6560–50–P 

EXPORT-IMPORT BANK OF THE U.S. 

[Public Notice 2010–0049] 

Agency Information Collection 

Activities: Final Collection; Comment 

Request 

AGENCY: Export-Import Bank of the U.S. 

ACTION: Submission for OMB Review 

and Comments Request. 

Form Title: EIB 10–01A Long Term 

Transaction Questionnaire; EIB 10–01B 

Oil and Gas Company Questionnaire. 

SUMMARY: The Export-Import Bank of 

the United States (‘‘Ex-Im Bank’’) is the 

official export credit agency of the 

United States. Its mission is to create 

and sustain U.S. jobs by financing U.S. 

exports through direct loans, guarantees, 

insurance and working capital credit. 

The Consolidated Appropriations Act of 

2010 (Pub. L. 111–117) (‘‘the Act’’), 

enacted December 16, 2009, provides for 

Ex-Im Bank’s FY2010 budget 

authorization. As part of the U.S. 

government’s efforts to strengthen 

sanctions against Iran, the Act contains 

language prohibiting Ex-Im Bank from: 

Authoriz[ing] any new guarantee, 

insurance, or extension of credit for any 

project controlled by an energy producer or 

refiner that continues to: (A) Provide Iran 

with significant refined petroleum resources; 

(B) materially contribute to Iran’s capability 

to import refined petroleum resources; or 

(C) allow Iran to maintain or expand, in any 

material respect, its domestic production of 

refined petroleum resources, including any 

assistance in refinery construction, 

modernization, or repair. 

See Sec. 7043 of the Act. 

The Act is effectively immediately 

and applies to all authorizations Ex-Im 

Bank may make with FY2010 funds. 

DATES: Comments should be received on 

or before November 29, 2010 to be 

assured of consideration. 

ADDRESSES: Comments maybe submitted 

electronically on http:// 

www.regulations.gov or by mail to 

Office of Management & Budget, Office 

of Information and Regulatory Affairs, 

725 17th Street, NW., Washington, DC 

20038 attn: OMB 3048–0030. 

SUPPLEMENTARY INFORMATION: 

Titles and Form Number: EIB 10–01A 

Long Term Transaction Questionnaire; 

EIB 10–01B Oil and Gas Company 

Questionnaire. 

OMB Number: 3048–0030. 

Type of Review: Regular. 

Need and Use: This is a new 

collection to ensure compliance with 

the Consolidated Appropriations Act of 

2010 (Pub. L. 111–117), enacted 

December 16, 2009. 

Sharon A. Whitt, 

Agency Clearance Officer. 

[FR Doc. 2010–27428 Filed 10–28–10; 8:45 am] 

BILLING CODE 6690–01–P 

FEDERAL DEPOSIT INSURANCE 

CORPORATION 

Update to Notice of Financial 

Institutions for Which the Federal 

Deposit Insurance Corporation Has 

Been Appointed Either Receiver, 

Liquidator, or Manager 

AGENCY: Federal Deposit Insurance 

Corporation. 

ACTION: Update Listing of Financial 

Institutions in Liquidation. 

WReier-Aviles on DSKGBLS3C1PROD with NOTICES