Federal Register / Vol. 74, No. 118 / Monday, June 22, 2009 / Notices 29483 

and reflects consideration of potential 

economic benefit gained by Respondent, 

attributable to its delayed compliance 

with the CWA, EPCRA, and CAA 

regulations, and the potential for harm 

that could have resulted from the 

violations. 

The total civil penalty assessed for 

settlement purposes is four hundred 

sixty-eight thousand and six hundred 

dollars ($468,600). Respondent has 

agreed to pay this amount. EPA and 

Respondent negotiated and signed an 

administrative consent agreement, 

following the Consolidated Rules of 

Practice, 40 CFR 22.13(b), on May 14, 

2009 (In Re: Cellco Partnership doing 

business as Verizon Wireless. Docket 

Nos. CWA–HQ–2008–8002, EPCRA– 

HQ–2008–8002, CAA–HQ–2008–8002). 

This consent agreement is subject to 

public notice and comment under CWA 

Section 311(b)(6), 33 U.S.C. 1321(b)(6). 

The full consent agreement is available 

for public review and comment at 

http://www.regulations.gov, Docket ID 

No. EPA–HQ–OECA–2008–0804. 

Under CWA Section 311(b)(6)(A), 33 

U.S.C. 1321(b)(6)(A), any owner, 

operator, or person in charge of a vessel, 

onshore facility, or offshore facility from 

which oil is discharged in violation of 

CWA Section 311(b)(3), 33 U.S.C. 

1321(b)(3), or who fails or refuses to 

comply with any regulations that have 

been issued under CWA Section 311(j), 

33 U.S.C. 1321(j), may be assessed an 

administrative civil penalty of up to 

$177,500 by EPA. Class II proceedings 

under CWA Section 311(b)(6), 33 U.S.C. 

1321(b)(6), are conducted in accordance 

with 40 CFR Part 22. 

Under EPCRA Section 325, 42 U.S.C. 

11045, the Administrator may issue an 

administrative order assessing a civil 

penalty against any person who has 

violated applicable emergency planning 

or right-to-know requirements, or any 

other requirement of EPCRA. 

Proceedings under EPCRA Section 325, 

42 U.S.C. 11045, are conducted in 

accordance with 40 CFR part 22. 

Under CAA Section 113, 42 U.S.C. 

7413, the Administrator may issue an 

administrative penalty order to any 

person who has violated or is in 

violation of any requirement or 

prohibition of an applicable 

implementation plan or permit. 

Proceedings under CAA Section 113, 42 

U.S.C. 7413, are conducted in 

accordance with 40 CFR part 22. 

The procedures by which the public 

may comment on a proposed Class II 

penalty order, or participate in a CWA 

Class II penalty proceeding, are set forth 

in 40 CFR 22.45. The deadline for 

submitting public comment on this 

proposed final order July 22, 2009. All 

comments will be transferred to the 

Environmental Appeals Board (EAB) of 

EPA for consideration. The powers and 

duties of the EAB are outlined in 40 

CFR 22.4(a). 

Pursuant to CWA Section 

311(b)(6)(C), 33 U.S.C. 1321(b)(6), EPA 

will not issue an order in this 

proceeding prior to the close of the 

public comment period. 

Dated: June 10, 2009. 

Bernadette Rappold, 

Director, Special Litigation and Projects 

Division, Office of Enforcement and 

Compliance Assurance. 

[FR Doc. E9–14599 Filed 6–19–09; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–8921–1] 

Notice of a Project Waiver of Section 

1605 (Buy American Requirement) of 

the American Recovery and 

Reinvestment Act of 2009 (ARRA) to 

the Auburn, ME Sewerage District 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: The EPA is hereby granting a 

project waiver of the Buy American 

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 Auburn, Maine Sewerage District 

for the purchase of specialized ductile 

iron spring loaded hinged 24′′ diameter 

sanitary manhole covers and frames 

(i.e., ‘‘REXUS #62114 24S or equal’’). 

These manhole covers and frames are 

manufactured outside of the United 

States by Saint-Gobain, a company 

based in France, and meet the District’s 

technical specifications, which have 

been in use for at least the past five 

years. The Acting Regional 

Administrator is making this 

determination based on the review and 

recommendations of the Municipal 

Assistance Unit. The Auburn, Maine 

Sewerage District has provided 

sufficient documentation to support its 

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 specific ductile 

iron manhole covers and frames for the 

proposed project being implemented by 

the Auburn, Maine Sewerage District. 

DATES: Effective Date: May 13, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Katie Connors, Environmental Engineer, 

(617) 918–1658, or David Chin, 

Environmental Engineer, (617) 918– 

1764, Municipal Assistance Unit (CMU), 

Office of Ecosystem Protection (OEP), 

U.S. EPA, One Congress Street, CMU, 

Boston, MA 02114. 

SUPPLEMENTARY INFORMATION: 

In accordance with ARRA Section 

1605(c) and pursuant to Section 

1605(b)(2) of Public Law 111–5, Buy 

American requirements, EPA hereby 

provides notice that it is granting a 

project waiver to the Auburn, Maine 

Sewerage District for the acquisition of 

specialized ductile iron spring loaded 

hinged 24′′ diameter sanitary manhole 

covers and frames (i.e., ‘‘REXUS #62114 

24S or equal’’) manufactured outside of 

the United States by Saint-Gobain, a 

company based in France. 

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 are produced in the 

United States unless a waiver is 

provided to the recipient by EPA. A 

waiver may be provided 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. 

The Auburn, Maine Sewerage District 

has stated that for at least the past five 

years it has standardized its manhole 

cover procurement on ductile iron 

covers and integrated frames. The 

District has utilized specialized 24′′ 

diameter spring loaded hinged ductile 

iron sanitary manhole covers and frames 

(i.e., ‘‘REXUS #62114 24S or equal’’) 

within its collection system. The 

reasons for the District’s standard 

include: 

(1) The product is more durable in a 

colder climate than comparable cast 

iron products; and (2) a spring loaded 

hinged and locking cover is much more 

secure and safer (e.g. the cover will not 

flip off when hit by a larger vehicle and 

will automatically lock in the vertical 

position to avoid inadvertent closure). 

The District’s submission clearly 

articulates entirely functional reasons 

for its technical specifications, and has 


pwalker on PROD1PC71 with NOTICES
29484 Federal Register / Vol. 74, No. 118 / Monday, June 22, 2009 / Notices 

provided sufficient documentation that 

the relevant manufactured goods are not 

produced in the United States in 

sufficient and reasonably available 

quantity and of a satisfactory quality to 

meet its technical specifications. 

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’ ’’, 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 

conversations with the District, the 

technical design specifications for the 

manhole cover and frame were provided 

separately to all of the interested 

contractors prior to bid to ensure that 

materials would meet the District’s 

standard specifications. 

The District has provided information 

to the EPA representing that there are 

currently no ductile iron manhole 

frames and covers manufactured in the 

United States that have the exact same 

product specifications in place. The 

District has also provided certification 

from its supplier representing that there 

are no other ductile iron manhole covers 

and frames from a domestic 

manufacturer to meet the District’s exact 

specifications. 

Based on additional research (i.e. 

Internet product literature search and 

follow-up telephone calls) conducted by 

the Municipal Assistance Unit and to 

the best of the Region’s knowledge at 

the time of the review, there do not 

appear to be other manhole covers and 

frames available to meet the District’s 

exact technical specifications. There is 

one domestic manufacturer that has a 

product that appears to have most of the 

same attributes (e.g. ductile iron cover 

and frame, hinged cover, and a locking 

capability). However, based on 

information provided to the EPA at the 

time of the review, it did not have the 

spring loaded feature for its 24′′ 

diameter manhole cover. 

Furthermore, 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 utilities, 

such as the Auburn, Maine Sewerage 

District, 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 State 

Revolving Fund 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 a fundamental 

economic purpose of the 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 the Auburn, 

Maine Sewerage District is sufficient to 

meet the criteria listed under Section 

1605(b) and in the April 28, 2009, 

‘‘Implementation of Buy American 

provisions of Public Law 111–5, the 

‘American Recovery and Reinvestment 

Act of 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 basis for this project waiver is the 

authorization provided in Section 

1605(b)(2). 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 the District’s technical 

specifications, 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 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 Auburn, Maine 

Sewerage District is hereby granted a 

waiver from the Buy American 

requirements of Section 1605(a) of 

Public Law 111–5 for the purchase of 

ductile iron manhole covers and frames 

using ARRA funds as specified in the 

District’s request of April 6, 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. 

June 8, 2009. 

Ira W. Leighton, 

Acting Regional Administrator, Region I, New 

England. 

[FR Doc. E9–14600 Filed 6–19–09; 8:45 am] 

BILLING CODE 6560–50–P 

EXPORT-IMPORT BANK OF THE U.S. 

[Public Notice 119] 

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: Payment Default Report 

(EIB 09–01). 

SUMMARY: The Export-Import Bank of 

the United States (Ex-Im Bank), as a part 

of its continuing effort to reduce 

paperwork and respondent burden, 

invites the general public and other 

Federal Agencies to comment on the 

proposed information collection, as 

required by the Paperwork Reduction 

Act of 1995. 

This collection allows insured/ 

guaranteed parties and insurance 

brokers to report overdue payments 

from the borrower and/or guarantor. ExIm Bank customers will submit this 

form electronically through Ex-Im 

Online, replacing paper reporting. Ex-Im 

Bank has simplified reporting of 

payment defaults in this form by 

including checkboxes and providing for 

many fields to be self-populated. Ex-Im 

Bank provides insurance, loads, and 

guarantees for the financing of exports 

of goods and services. 

DATES: Comments should be received on 

or before July 22, 2009 to be assured of 

consideration. 

ADDRESSES: Direct all comments to 

Office of Management and Budget, 

Office of Information and Regulatory 

Affairs, 725 17th Street, NW., 

Washington, DC 20038. 

SUPPLEMENTARY INFORMATION: 

Titles and Form Number: EIB 09–01 

Payment Default Report. 

OMB Number: None. 

Type of Review: Regular. 

Need and Use: The information 

requested enables insured/guaranteed 

parties and insurance brokers to report 

overdue payments from the borrower 

and/or guarantor. 

Affected Public: Insured/guaranteed 

parties and brokers. 

Annual Number of Respondents: 200. 

Estimated Time per Respondent: 15 

minutes. 

Government Annual Burden Hours: 

16.67. 

Sharon A. Whitt, 

Agency Clearance Officer. 

[FR Doc. E9–14529 Filed 6–19–09; 8:45 am] 

BILLING CODE 6690–01–M 


pwalker on PROD1PC71 with NOTICES