Prop Canyon Watershed, Site 1 (Big Draw Dam), Cibola County, NM, 48902-48903 [E9-23204]
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48902
Federal Register / Vol. 74, No. 185 / Friday, September 25, 2009 / Notices
same function (e.g., brackets), the
specific manufacturer and configuration
may vary from project to project, making
the analysis and consideration of
individual waiver requests for them,
including determining whether or not
U.S. made products exist, is expected to
be time-consuming and labor intensive
far out of proportion to the percentage
of total project materials they comprise.
Further, since the specific use of these
low-cost components can be expected to
be widely varied, formulating
categorical waivers for specific types of
components would be impractical.
Because the situations described above,
i.e. a high number of low-cost,
miscellaneous components, can be
effectively addressed by a
comprehensive application of a
nationwide de minimis waiver, RUS
finds that it would be inconsistent with
the public interest to apply the Buy
American requirement to incidental
components when they in total
comprise no more that 5 percent of the
total cost of the materials used in and
incorporated into a project.
In some instances, the Rural Utilities
Service and the Environmental
Protection Agency’s (EPA) Clean
Drinking Water State Revolving Funds
(SRF) program jointly fund water
infrastructure projects. The EPA
undertook inquiries to identify the
approximate scope of incidental
components within its SRF water
infrastructure projects. The responses
were consistent and indicated that the
percentage of total costs for drinking
water or wastewater treatment
infrastructure projects represented by
these incidental components is
generally not in excess of 5 percent of
the total costs of the materials used in
and incorporated into a project.
As a result of its research and
analysis, EPA published two Federal
Register notices of de minimis waivers.
The first was published on Tuesday,
June 2, 2009 (FR Vol. 74, No. 104, pp.
26398 and 26399), and set forth the
EPA’s determination with respect to a
public interest finding on de minimis.
The second notice, which revised the
first, was published on Monday, August
10, 2009 (FR Vol. 74, No. 152, pp. 39959
and 39960). By these waivers the EPA
has also determined that imposing
ARRA’s Buy American requirements for
the category of de minimis incidental
components is not in the public interest.
While the authorizing statutes and
funding sources for the EPA and RUS
borrowers are different, the types of
projects that EPA finances under its SRF
program are substantially similar in
size, scope and purpose as those funded
by RUS and, as stated above, some
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18:52 Sep 24, 2009
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projects are jointly funded by RUS and
EPA. The Rural Utilities Service has
decades of experience in financing
water and wastewater projects in rural
America and shares the EPA’s rationale
with respect to incidental components
used in similar projects. With respect to
jointly-funded projects, it is desirable to
avoid disparate treatment of
components based on whether or not
ARRA funds come from EPA or RUS.
Section 1605 should be administered
consistently, both within a particular
Federal agency and, to the extent
possible, between agencies. Promoting
consistent treatment and avoiding
unnecessary delays in committing
ARRA financing to projects around the
country are crucial to the success of
ARRA. Requiring individual waivers for
incidental components would be time
prohibitive and overly burdensome for
applicants and RUS. The purpose of
ARRA is to stimulate economic recovery
by funding current infrastructure
construction, not to delay projects that
are ‘‘shovel ready.’’ Therefore, a de
minimis waiver of incidental
components totaling no more that 5
percent of total project costs is in the
public interest.
III. Waiver
Based on the public interest finding
discussed above and pursuant to
Section 1605(c), USDA hereby issues a
national waiver from the requirements
of ARRA Section 1605 for any
incidental components of the type
described above that comprise in total a
de minimis amount of the project,
specifically, for any such incidental
components up to a limit of no more
than 5 percent of the total cost of the
materials used in and incorporated into
a project.
Assistance recipients who elect to use
this waiver shall, in consultation with
their contractors, determine the items to
be covered by this waiver, retain
relevant documentation as to those
items in their project files, and be able
to summarize in reports to RUS, if so
requested, the types and/or categories of
items to which this waiver is applied,
the total cost of incidental components
covered by the waiver for each type or
category, and the calculations by which
they determined the total cost of
materials used in and incorporated into
the project.
In using this waiver, assistance
recipients must consider that there may
be circumstances where there are
multiple types of low-cost components
which, when combined with the
incidental components described above,
may total more than 5 percent.
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Assistance recipients in such cases
will have to choose which of these
incidental components will be covered
by the waiver and which will not.
Components that the recipient is unable
to include within the 5 percent limit of
this waiver must comply with the
requirements of section 1605 of ARRA
by appropriate means other than
reliance on this waiver.
Further, as described above, in some
cases RUS and EPA jointly fund
projects. Both RUS and EPA have issued
de minimis waivers that have a cap of
a total of 5 percent of project costs. In
the case of a jointly funded project,
these waivers shall not be combined to
create a waiver of greater than 5 percent
of total project costs.
This supplementary information
constitutes the ‘‘detailed written
justification’’ required by Section
1605(c) of ARRA and Section 176.80 of
the Office of Management and Budget’s
rules for waivers of the Buy American
provisions.
Authority: Public Law 111–5, Section
1605.
Dated: September 21, 2009.
Thomas J. Vilsack,
Secretary.
[FR Doc. E9–23202 Filed 9–24–09; 8:45 am]
BILLING CODE 3410–15–P
DEPARTMENT OF AGRICULTURE
Natural Resources Conservation
Service
Prop Canyon Watershed, Site 1 (Big
Draw Dam), Cibola County, NM
AGENCY: Natural Resources
Conservation Service, USDA.
ACTION: Notice of a Finding of No
Significant Impact.
SUMMARY: Pursuant to Section 102 (2)
(C) of the National Environmental
Policy Act of 1969, the Council on
Environmental Quality Regulations (40
CFR part 1500); and the Natural
Resources Conservation Service
Regulations (7 CFR part 650); the
Natural Resources Conservation Service,
U. S. Department of Agriculture, gives
notice that an environmental impact
statement is not being prepared for the
Prop Canyon Watershed, Site 1, Grant
County, New Mexico.
FOR FURTHER INFORMATION CONTACT:
Roger Ford, State Conservation
Engineer, Natural Resources
Conservation Service, 6200 Jefferson
Street, NE., Albuquerque, New Mexico
87109, Telephone 505–761–4430,
E-mail roger.ford@nm.usda.gov.
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Federal Register / Vol. 74, No. 185 / Friday, September 25, 2009 / Notices
The
Environmental Assessment of the
federally-assisted action indicates that
the project will not cause significant
local, regional, or national impacts on
the environment. As a result of these
findings, Dennis Alexander, State
Conservationist, has determined that the
preparation and review of an
environmental impact statement is not
needed for this project.
The project purpose is to improve
public safety by reducing the threat of
dam failure. The planned works include
the installation of a filter, confining
berm, restoration of the original dam
cross-sectional shape, and the addition
of a gravel shell over the dam’s slope
and crest. The Notice of a Finding of No
Significant Impact (FNSI) has been
forwarded to the Environmental
Protection Agency; various Federal,
state, and local agencies; and interested
parties. A limited number of copies of
the FNSI are available to fill single copy
requests at the above address. Basic data
developed during the EA are on file and
may be reviewed by contacting Roger
Ford. No administrative action on
implementation of the proposed action
will be taken until 30 days after the date
of this publication in the Federal
Register.
SUPPLEMENTARY INFORMATION:
National Forest Supervisor’s Office,
1600 Tollhouse Rd. Clovis, CA. Send
written comments to Robbin Ekman,
Fresno County Resource Advisory
Committee Coordinator, c/o Sierra
National Forest, High Sierra Ranger
District, 29688 Auberry Road, Prather,
CA 93651 or electronically to
rekman@fs.fed.us.
FOR FURTHER INFORMATION CONTACT:
Robbin Ekman, Fresno County Resource
Advisory Committee Coordinator, (559)
855–5355 ext. 3341.
SUPPLEMENTARY INFORMATION:
The
meeting is open to the public.
Committee discussion is limited to
Forest Service staff and Committee
members. However, persons who I wish
to bring Payments to States Fresno
County Title II project matters to the
attention of the Committee may file
written statements with the Committee
staff before or after the meeting. Agenda
items to be covered include: (1) Accept
Project Proposals, (2) Discuss Member
Recruitment.
Dated: September 18, 2009.
Ray Porter,
District Ranger.
[FR Doc. E9–23036 Filed 9–24–09; 8:45 am]
BILLING CODE 3410–11–M
Rosabeth Garcia-Sais,
State Administrative Officer.
[FR Doc. E9–23204 Filed 9–24–09; 8:45 am]
DEPARTMENT OF AGRICULTURE
BILLING CODE 3410–16–P
Forest Service
DEPARTMENT OF AGRICULTURE
Deschutes Provincial Advisory
Committee (DPAC)
Forest Service
AGENCY:
ACTION:
Fresno County Resource Advisory
Committee
Forest Service, USDA.
ACTION: Notice of meeting.
jlentini on DSKJ8SOYB1PROD with NOTICES
AGENCY:
SUMMARY: The Fresno County Resource
Advisory Committee will be meeting in
Prather, California on October 2l and
Clovis, California on November 18th.
The purpose of these meetings will be
to accept project proposals for the next
funding cycle as authorized under the
Secure Rural Schools and Community
Self-Determination Act of 2000 (Pub. L.
110–343) for expenditure of Payments to
States Fresno County Title II funds.
DATES: The meetings will be held on
October 21, 2009 from 6 p.m. to 8 p.m.
in Prather, CA and November 18, 2009
from 6 p.m. to 8 p.m. in Clovis, CA.
ADDRESSES: The meeting on October
21st will be held at the High Sierra
Ranger District, 29688 Auberry Rd.
Prather, CA and the meeting on
November 18th will be held at the Sierra
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Forest Service, Interior.
Notice of meeting.
SUMMARY: The Deschutes Provincial
Advisory Committee will meet on
October 8, 2009, to review the PAC
Recommendation from the Restoration
Subcommittee, Update members on
Travel Management Subcommittee and
the DEIS), and then visit the field on the
Bend-Ft. Rock Ranger District to discuss
fire in ponderosa pine ecosystems. The
meeting will start at 8:30 a.m. at the
Bend-Ft.Rock Ranger District at Red
Oaks Square, 1230 NE 3 St, Suite A–
262, Bend, Oregon in the East/West
Conference Room.
Members will be updated on the
Winter Recreation Sustainability
Analysis. Following an Open Public
Forum, members will travel to the field
to have lunch and visit examples of
prescribed burning. The trip is
scheduled to end at 4:30 p.m. in Bend.
All Deschutes Province Advisory
Committee Meetings are open to the
public.
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48903
FOR FURTHER INFORMATION CONTACT:
Chris Mickle, Province Liaison, Crescent
Ranger District, Highway 97, Crescent,
Oregon 97733, Phone (541) 433–3216.
John Allen,
Deschutes National Forest Supervisor.
[FR Doc. E9–22891 Filed 9–24–09; 8:45 am]
BILLING CODE 3410–11–M
COMMISSION ON CIVIL RIGHTS
Agenda and Notice of Public Meeting
of the Alabama Advisory Committee
Notice is hereby given, pursuant to
the provisions of the rules and
regulations of the U.S. Commission on
Civil Rights (Commission), and the
Federal Advisory Committee Act
(FACA), that a planning meeting of the
Alabama Advisory Committee
(Committee) to the Commission will
convene by conference call at 1:30 p.m.
and adjourn at approximately 2:30 p.m.
on Thursday, November 19, 2009. The
purpose of this meeting is to discuss the
Committee’s civil rights project.
This meeting is available to the public
through the following toll-free call-in
number: (866) 364–7584, conference call
access code number 30830452. Any
interested member of the public may
call this number and listen to the
meeting. Callers can expect to incur
charges for calls they initiate over
wireless lines, and the Commission will
not refund any incurred charges. Callers
will incur no charge for calls they
initiate over land-line connections to
the toll-free telephone number. Persons
with hearing impairments may also
follow the proceedings by first calling
the Federal Relay Service at 1–800–977–
8339 and providing the Service with the
conference call number and contact
name Farella E. Robinson.
To ensure that the Commission
secures an appropriate number of lines
for the public, persons are asked to
register by contacting Corrine Sanders of
the Central Regional Office and TTY/
TDD telephone number, by 4:00 p.m. on
November 13, 2009.
Members of the public are entitled to
submit written comments. The
comments must be received in the
regional office by December 19, 2009.
The address is U.S. Commission on
Civil Rights, 400 State Avenue, Suite
908, Kansas City, Kansas 66101.
Comments may be e-mailed to
frobinson@usccr.gov. Records generated
by this meeting may be inspected and
reproduced at the Central Regional
Office, as they become available, both
before and after the meeting. Persons
interested in the work of this advisory
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]]>Agencies
[Federal Register Volume 74, Number 185 (Friday, September 25, 2009)]
[Notices]
[Pages 48902-48903]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-23204]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Natural Resources Conservation Service
Prop Canyon Watershed, Site 1 (Big Draw Dam), Cibola County, NM
AGENCY: Natural Resources Conservation Service, USDA.
ACTION: Notice of a Finding of No Significant Impact.
-----------------------------------------------------------------------
SUMMARY: Pursuant to Section 102 (2) (C) of the National Environmental
Policy Act of 1969, the Council on Environmental Quality Regulations
(40 CFR part 1500); and the Natural Resources Conservation Service
Regulations (7 CFR part 650); the Natural Resources Conservation
Service, U. S. Department of Agriculture, gives notice that an
environmental impact statement is not being prepared for the Prop
Canyon Watershed, Site 1, Grant County, New Mexico.
FOR FURTHER INFORMATION CONTACT: Roger Ford, State Conservation
Engineer, Natural Resources Conservation Service, 6200 Jefferson
Street, NE., Albuquerque, New Mexico 87109, Telephone 505-761-4430, E-
mail roger.ford@nm.usda.gov.
[[Page 48903]]
SUPPLEMENTARY INFORMATION: The Environmental Assessment of the
federally-assisted action indicates that the project will not cause
significant local, regional, or national impacts on the environment. As
a result of these findings, Dennis Alexander, State Conservationist,
has determined that the preparation and review of an environmental
impact statement is not needed for this project.
The project purpose is to improve public safety by reducing the
threat of dam failure. The planned works include the installation of a
filter, confining berm, restoration of the original dam cross-sectional
shape, and the addition of a gravel shell over the dam's slope and
crest. The Notice of a Finding of No Significant Impact (FNSI) has been
forwarded to the Environmental Protection Agency; various Federal,
state, and local agencies; and interested parties. A limited number of
copies of the FNSI are available to fill single copy requests at the
above address. Basic data developed during the EA are on file and may
be reviewed by contacting Roger Ford. No administrative action on
implementation of the proposed action will be taken until 30 days after
the date of this publication in the Federal Register.
Rosabeth Garcia-Sais,
State Administrative Officer.
[FR Doc. E9-23204 Filed 9-24-09; 8:45 am]
BILLING CODE 3410-16-P
