Electronic Baggage Screening Program, 52499-52500 [E9-24608]
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Federal Register / Vol. 74, No. 196 / Tuesday, October 13, 2009 / Notices
instructions; or inquiries for additional
information should be requested via email to: forms.ice@dhs.gov with ‘‘IEFEmergency Assistance’’ in the subject
line.
Dated: October 7, 2009.
Joseph M. Gerhart,
Chief, Records Management Branch, U.S.
Immigration and Customs Enforcement,
Department of Homeland Security.
[FR Doc. E9–24563 Filed 10–9–09; 8:45 am]
BILLING CODE 9111–28–P
DEPARTMENT OF HOMELAND
SECURITY
Transportation Security Administration
Electronic Baggage Screening
Program
AGENCY: Transportation Security
Administration, DHS.
ACTION: Notice of waiver.
erowe on DSK5CLS3C1PROD with NOTICES
SUMMARY: The Department of Homeland
Security (DHS) has granted a limited
nationwide waiver of the buy American
provision contained in sec. 1605 of the
American Recovery and Reinvestment
Act of 2009 (Recovery Act) Public Law
111–5, 123 Stat. 115, 303 (2009) under
the authority of sec. 1605(b)(1) (public
interest exception) provided that at least
95 percent of the costs of each
Transportation Security Administration
(TSA) Electronic Baggage Screening
Program (EBSP) project will comply
with sec. 1605(a).
DATES: This notice is effective October
13, 2009.
ADDRESSES: Office of Acquisitions/
Acquisitions Policy Office, TSA–25,
Transportation Security Administration,
601 South 12th Street, Arlington, VA
20598–6025.
FOR FURTHER INFORMATION CONTACT:
Ronald B. Gallihugh, Office of
Acquisitions/Acquisitions Policy Office,
TSA–25, Transportation Security
Administration, 601 South 12th Street,
Arlington, VA 20598–6025; telephone
(571) 227–2402; facsimile (571) 227–
1372; e-mail ronald.gallihugh@dhs.gov.
SUPPLEMENTARY INFORMATION:
Background
On February 17, 2009, the Recovery
Act was enacted to assist those most
impacted by the recession by creating
and preserving jobs and promoting
economic recovery. The funding was
specified for multiple areas of national
interest. TSA received $1 billion to
invest in the procurement and
installation of checked baggage
explosives detection systems and
checkpoint explosives detection
VerDate Nov<24>2008
15:29 Oct 09, 2009
Jkt 220001
equipment to be obligated by September
30, 2010. Approximately $500 million
in Recovery Act funding will be
allocated to facility modification
projects to be administered through
TSA’s EBSP. This program directly
benefits the traveling public, air carriers,
airport authorities, and our Nation as a
whole.
TSA’s EBSP supports the DHS goals
of protecting our Nation from dangerous
goods and protecting our Nation’s
critical transportation infrastructure by
strengthening screening of checked
baggage to reduce the probability of a
successful terrorist or other criminal
attack to the air transportation system.
Since December 31, 2002, EBSP has
been responsible for ensuring 100
percent screening of checked baggage in
the United States. The EBSP’s objective
is to deter, detect, mitigate, and prevent
transportation of explosives or other
prohibited items in checked baggage on
commercial aircraft. One significant way
EBSP accomplishes its objectives is
through the construction of Checked
Baggage Inspection Systems (CBIS).
These projects form the backbone of
TSA’s EBSP and represent the highest
level of baggage screening capability in
terms of processing efficiency and
security. TSA has identified twenty-six
airports across the country with ‘‘shovel
ready’’ facility modification projects
that include CBIS construction. These
projects are dependent on Recovery Act
funding. Several of these projects,
however, are on hold and in jeopardy
because of concerns over compliance
with sec. 1605(a).
Section 1605(a) of the Recovery Act,
the buy American provision, states that
none of the funds appropriated by the
Act, including the funds that have been
dedicated to project awards under
EBSP, ‘‘may be used for a project 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.’’
Subsections 1605(b) and (c) of the
Recovery Act authorize the head of a
Federal department or agency to waive
the buy American provision by finding
that: (1) Applying the provision would
be inconsistent with the public interest;
(2) the relevant goods are not produced
in the United States in sufficient and
reasonably available quantities and of a
satisfactory quality; or (3) the inclusion
of the goods produced in the United
States will increase the cost of the
project by more than 25 percent. If the
head of the Federal department or
agency waives the buy American
provision, then the head of the
department or agency is required to
PO 00000
Frm 00058
Fmt 4703
Sfmt 4703
52499
publish a detailed justification in the
Federal Register. Finally, sec. 1605(d) of
the Recovery Act states that the buy
American provision must be applied in
a manner consistent with the United
States’ obligations under international
agreements.
Public Interest Finding
The Secretary of Homeland Security
has determined that it would be
inconsistent with the public interest—
and particularly with the Recovery Act’s
directives to ensure expeditious
spending of construction funds
consistent with prudent management, as
cited above—to apply the buy American
requirement to an entire CBIS project
where at least 95 percent of the costs of
the project will comply with sec.
1605(a).
A CBIS is a highly sophisticated
electromechanical system for screening
checked baggage. It consists of hundreds
of mechanical and electrical items. It
includes a mechanical conveyor system
or baggage handling system (BHS) that
transports checked baggage through the
system. The CBIS also features a
security screening matrix area where
baggage is fed through one or more
Explosion Detection Systems (EDS) or
Explosive Trace Detection (ETD)
systems to be analyzed. All of the
mechanical and electrical items and
processes that make up the CBIS are
controlled by a central programmable
logic controller (PLC) or programmable
controller. The PLC is essentially a
computer ‘brain’ used for the
automation of electro-mechanical
processes, such as the control of
machinery on factory assembly lines.
The PLC controls all aspects of the CBIS
including conveyor belt speeds, baggage
tracking and managing the BHS merge
points or windows.
CBIS projects are comprised of
thousands of manufactured goods, such
as conveyor, conveyor motor drives,
electrical and communications controls,
programmable logic controllers,
electronic tracking devices, high speed
diverters, vertical sorters, specialty
fasteners and switches. Not all of these
items are domestically available.
Furthermore, in many instances, the
geographic origin of the equipment is
not readily ascertainable. While
arguably the Secretary of Homeland
Security could have relied on the
authority under sec. 1605(b)(2) (nonavailability waiver), the burden placed
on TSA and contractors in sourcing and
evaluating equipment availability would
be unduly burdensome, impracticable
and not in keeping with the Recovery
Act’s overall goal of expeditious
spending of recovery funds.
E:\FR\FM\13OCN1.SGM
13OCN1
52500
Federal Register / Vol. 74, No. 196 / Tuesday, October 13, 2009 / Notices
erowe on DSK5CLS3C1PROD with NOTICES
In the construction of such a
sophisticated system as a CBIS,
complete adherence to the requirements
of section 1605(a) is impracticable, if
not impossible. In addition, it has
become a serious obstacle to ensuring
that all identified airports will be able
to sign construction contracts by
September 30, 2010. Some airport
authorities have simply been unable or
unwilling to certify that the
construction contracts it signs are
compliant with the buy American
provisions. The alternative would be for
the airports and communities to lose
their Recovery Act assistance, requiring
TSA to reallocate funds, which is
inconsistent with the public interest and
the intent and purpose of the Recovery
Act.
DHS has considered the
disproportionate cost and delay that
would ensue if a limited waiver is not
issued. The exercise of ascertaining
whether compliant products exist or can
be made to meet these requirements is
already becoming a demanding and
time-consuming task far out of
proportion to the total percentage of
project costs. On balance, the public
interest in having these projects
completed outweighs the Buy American
requirement; particularly where the
value of noncompliant goods is
relatively small when compared to total
project cost. CBIS projects significantly
benefit aviation security, baggage
screening efficiency and the flying
public in general. Also, these projects
help stimulate job growth for local
construction workers, technicians,
equipment designers, engineers, and
others who will operate and maintain
the equipment.
Therefore, the Secretary granted a
limited, nationwide public interest
waiver, having found that it would be
inconsistent with the public interest—
and particularly with the Recovery Act’s
directives—to apply the buy American
requirement to an entire CBIS project in
which at least 95 percent of the costs of
the project will comply with section
1605. The Secretary determined the five
percent limit based on research and
informed professional judgment as to
the maximum total amount of costs used
in most CBIS projects.
Waiver
Accordingly, the Secretary granted a
limited, nationwide waiver of the
requirements of section 1605(a) of the
Recovery Act, Public Law 111–5, buy
American requirements, based on the
public interest authority of section
1605(b)(1), provided that at least 95
percent of the costs of each TSA EBSP
project will comply with section 1605.
VerDate Nov<24>2008
15:29 Oct 09, 2009
Jkt 220001
This waiver applies to all eligible EBSP
projects for which the TSA has awarded
or will award a project award using
Recovery Act funds, and where at least
95 percent of the costs of the project
will comply with sec. 1605.
TSA will attempt to obtain 100
percent compliance with the buy
American provision on all airport
projects. This limited nationwide
waiver is available to airports that
cannot comply 100 percent with the buy
American provision because applying
the provision would be inconsistent
with the public interest in accordance
with sec. 1605(b)(1). TSA will ensure
that on all projects at least 95 percent of
the costs will comply with section 1605.
Recipients who wish to use this waiver
should, in consultation with their
contractors determine the items to be
covered by this waiver, must retain
relevant documentation as to those
items in their project files, and must
summarize in reports to TSA the types
and/or categories of items to which this
waiver is applied, the total cost of the
goods covered by the waiver, and the
calculations by which they determined
the total cost of materials used in and
incorporated into the project.
Issued in Arlington, Virginia, on October 7,
2009.
Gale D. Rossides,
Acting Administrator.
[FR Doc. E9–24608 Filed 10–9–09; 8:45 am]
BILLING CODE 9110–05–P
DEPARTMENT OF THE INTERIOR
Office of the Secretary
Proposed Appointment to the National
Indian Gaming Commission
ACTION:
Notice.
SUMMARY: The Indian Gaming
Regulatory Act provides for a threeperson National Indian Gaming
Commission. One member, the
chairman, is appointed by the President
with the advice and consent of the
Senate. Two associate members are
appointed by the Secretary of the
Interior. Before appointing members, the
Secretary is required to provide public
notice of a proposed appointment and
allow a comment period. Notice is
hereby given of the proposed
appointment of Steffani A. Cochran as
an associate member of the National
Indian Gaming Commission for a term
of 3 years.
DATES: Comments must be received
before November 12, 2009.
ADDRESSES: Comments should be
submitted to the Director, Office of
PO 00000
Frm 00059
Fmt 4703
Sfmt 4703
Executive Secretariat, United States
Department of the Interior, 1849 C
Street, NW., Mail Stop 7229,
Washington, DC 20240.
FOR FURTHER INFORMATION CONTACT: John
A. Strylowski, Executive Secretariat,
United States Department of the
Interior, 1849 C Street, NW., Mail Stop
7229, Washington, DC 20240; telephone
202–208–3071.
The
Indian Gaming Regulatory Act, 25
U.S.C. 2701 et seq., established the
National Indian Gaming Commission
(Commission), composed of three fulltime members. 25 U.S.C. 2704(b).
Commission members serve for a term
of 3 years. 25 U.S.C. 2705(b)(2)(4)(A).
The Chairman is appointed by the
President with the advice and consent
of the Senate. 25 U.S.C. 2704(b)(1)(B).
The two associate members are
appointed by the Secretary of the
Interior. 25 U.S.C. 2704(b)(1)(B). Before
appointing an associate member to the
Commission, the Secretary is required to
‘‘publish in the Federal Register the
name and other information the
Secretary deems pertinent regarding a
nominee for membership on the
commission and * * * allow a period of
not less than thirty days for receipt of
public comments.’’ 25 U.S.C.
2704(b)(2)(B).
The Secretary proposes to appoint
Steffani A. Cochran as an associate
member of the Commission for a term of
3 years. Ms. Cochran is well qualified to
serve as a member of the Commission,
by virtue of her broad background in the
law and her work for both State and
tribal governments on issues affecting
Indian tribes. Her extensive legal
experience includes service in New
Mexico State government as a Special
Counsel for Indian Affairs and as an
Administrative Law Judge for the State
of Oregon. She has also served tribal
governments as General Counsel for the
Pueblo of Pojoaque and as an Associate
Judge for the Isleta Tribal Court and
judge pro tem on the Southwest
Intertribal Court of Appeals. Working at
different times for tribal and State
governments, Ms. Cochran has
participated in negotiations and
addressed issues of critical importance
to both constituencies. She is a member
of the Chickasaw Nation. Ms. Cochran
does not have any financial interests
that would make her ineligible to serve
on the Commission under 25 U.S.C.
2704(b)(5)(B) or (C).
Any person wishing to submit
comments on this proposed
appointment of Steffani Cochran may
submit written comments to the address
SUPPLEMENTARY INFORMATION:
E:\FR\FM\13OCN1.SGM
13OCN1
]]>Agencies
[Federal Register Volume 74, Number 196 (Tuesday, October 13, 2009)]
[Notices]
[Pages 52499-52500]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-24608]
-----------------------------------------------------------------------
DEPARTMENT OF HOMELAND SECURITY
Transportation Security Administration
Electronic Baggage Screening Program
AGENCY: Transportation Security Administration, DHS.
ACTION: Notice of waiver.
-----------------------------------------------------------------------
SUMMARY: The Department of Homeland Security (DHS) has granted a
limited nationwide waiver of the buy American provision contained in
sec. 1605 of the American Recovery and Reinvestment Act of 2009
(Recovery Act) Public Law 111-5, 123 Stat. 115, 303 (2009) under the
authority of sec. 1605(b)(1) (public interest exception) provided that
at least 95 percent of the costs of each Transportation Security
Administration (TSA) Electronic Baggage Screening Program (EBSP)
project will comply with sec. 1605(a).
DATES: This notice is effective October 13, 2009.
ADDRESSES: Office of Acquisitions/Acquisitions Policy Office, TSA-25,
Transportation Security Administration, 601 South 12th Street,
Arlington, VA 20598-6025.
FOR FURTHER INFORMATION CONTACT: Ronald B. Gallihugh, Office of
Acquisitions/Acquisitions Policy Office, TSA-25, Transportation
Security Administration, 601 South 12th Street, Arlington, VA 20598-
6025; telephone (571) 227-2402; facsimile (571) 227-1372; e-mail
ronald.gallihugh@dhs.gov.
SUPPLEMENTARY INFORMATION:
Background
On February 17, 2009, the Recovery Act was enacted to assist those
most impacted by the recession by creating and preserving jobs and
promoting economic recovery. The funding was specified for multiple
areas of national interest. TSA received $1 billion to invest in the
procurement and installation of checked baggage explosives detection
systems and checkpoint explosives detection equipment to be obligated
by September 30, 2010. Approximately $500 million in Recovery Act
funding will be allocated to facility modification projects to be
administered through TSA's EBSP. This program directly benefits the
traveling public, air carriers, airport authorities, and our Nation as
a whole.
TSA's EBSP supports the DHS goals of protecting our Nation from
dangerous goods and protecting our Nation's critical transportation
infrastructure by strengthening screening of checked baggage to reduce
the probability of a successful terrorist or other criminal attack to
the air transportation system. Since December 31, 2002, EBSP has been
responsible for ensuring 100 percent screening of checked baggage in
the United States. The EBSP's objective is to deter, detect, mitigate,
and prevent transportation of explosives or other prohibited items in
checked baggage on commercial aircraft. One significant way EBSP
accomplishes its objectives is through the construction of Checked
Baggage Inspection Systems (CBIS). These projects form the backbone of
TSA's EBSP and represent the highest level of baggage screening
capability in terms of processing efficiency and security. TSA has
identified twenty-six airports across the country with ``shovel ready''
facility modification projects that include CBIS construction. These
projects are dependent on Recovery Act funding. Several of these
projects, however, are on hold and in jeopardy because of concerns over
compliance with sec. 1605(a).
Section 1605(a) of the Recovery Act, the buy American provision,
states that none of the funds appropriated by the Act, including the
funds that have been dedicated to project awards under EBSP, ``may be
used for a project 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.'' Subsections 1605(b) and (c) of the Recovery Act
authorize the head of a Federal department or agency to waive the buy
American provision by finding that: (1) Applying the provision would be
inconsistent with the public interest; (2) the relevant goods are not
produced in the United States in sufficient and reasonably available
quantities and of a satisfactory quality; or (3) the inclusion of the
goods produced in the United States will increase the cost of the
project by more than 25 percent. If the head of the Federal department
or agency waives the buy American provision, then the head of the
department or agency is required to publish a detailed justification in
the Federal Register. Finally, sec. 1605(d) of the Recovery Act states
that the buy American provision must be applied in a manner consistent
with the United States' obligations under international agreements.
Public Interest Finding
The Secretary of Homeland Security has determined that it would be
inconsistent with the public interest--and particularly with the
Recovery Act's directives to ensure expeditious spending of
construction funds consistent with prudent management, as cited above--
to apply the buy American requirement to an entire CBIS project where
at least 95 percent of the costs of the project will comply with sec.
1605(a).
A CBIS is a highly sophisticated electromechanical system for
screening checked baggage. It consists of hundreds of mechanical and
electrical items. It includes a mechanical conveyor system or baggage
handling system (BHS) that transports checked baggage through the
system. The CBIS also features a security screening matrix area where
baggage is fed through one or more Explosion Detection Systems (EDS) or
Explosive Trace Detection (ETD) systems to be analyzed. All of the
mechanical and electrical items and processes that make up the CBIS are
controlled by a central programmable logic controller (PLC) or
programmable controller. The PLC is essentially a computer `brain' used
for the automation of electro-mechanical processes, such as the control
of machinery on factory assembly lines. The PLC controls all aspects of
the CBIS including conveyor belt speeds, baggage tracking and managing
the BHS merge points or windows.
CBIS projects are comprised of thousands of manufactured goods,
such as conveyor, conveyor motor drives, electrical and communications
controls, programmable logic controllers, electronic tracking devices,
high speed diverters, vertical sorters, specialty fasteners and
switches. Not all of these items are domestically available.
Furthermore, in many instances, the geographic origin of the equipment
is not readily ascertainable. While arguably the Secretary of Homeland
Security could have relied on the authority under sec. 1605(b)(2) (non-
availability waiver), the burden placed on TSA and contractors in
sourcing and evaluating equipment availability would be unduly
burdensome, impracticable and not in keeping with the Recovery Act's
overall goal of expeditious spending of recovery funds.
[[Page 52500]]
In the construction of such a sophisticated system as a CBIS,
complete adherence to the requirements of section 1605(a) is
impracticable, if not impossible. In addition, it has become a serious
obstacle to ensuring that all identified airports will be able to sign
construction contracts by September 30, 2010. Some airport authorities
have simply been unable or unwilling to certify that the construction
contracts it signs are compliant with the buy American provisions. The
alternative would be for the airports and communities to lose their
Recovery Act assistance, requiring TSA to reallocate funds, which is
inconsistent with the public interest and the intent and purpose of the
Recovery Act.
DHS has considered the disproportionate cost and delay that would
ensue if a limited waiver is not issued. The exercise of ascertaining
whether compliant products exist or can be made to meet these
requirements is already becoming a demanding and time-consuming task
far out of proportion to the total percentage of project costs. On
balance, the public interest in having these projects completed
outweighs the Buy American requirement; particularly where the value of
noncompliant goods is relatively small when compared to total project
cost. CBIS projects significantly benefit aviation security, baggage
screening efficiency and the flying public in general. Also, these
projects help stimulate job growth for local construction workers,
technicians, equipment designers, engineers, and others who will
operate and maintain the equipment.
Therefore, the Secretary granted a limited, nationwide public
interest waiver, having found that it would be inconsistent with the
public interest--and particularly with the Recovery Act's directives--
to apply the buy American requirement to an entire CBIS project in
which at least 95 percent of the costs of the project will comply with
section 1605. The Secretary determined the five percent limit based on
research and informed professional judgment as to the maximum total
amount of costs used in most CBIS projects.
Waiver
Accordingly, the Secretary granted a limited, nationwide waiver of
the requirements of section 1605(a) of the Recovery Act, Public Law
111-5, buy American requirements, based on the public interest
authority of section 1605(b)(1), provided that at least 95 percent of
the costs of each TSA EBSP project will comply with section 1605. This
waiver applies to all eligible EBSP projects for which the TSA has
awarded or will award a project award using Recovery Act funds, and
where at least 95 percent of the costs of the project will comply with
sec. 1605.
TSA will attempt to obtain 100 percent compliance with the buy
American provision on all airport projects. This limited nationwide
waiver is available to airports that cannot comply 100 percent with the
buy American provision because applying the provision would be
inconsistent with the public interest in accordance with sec.
1605(b)(1). TSA will ensure that on all projects at least 95 percent of
the costs will comply with section 1605. Recipients who wish to use
this waiver should, in consultation with their contractors determine
the items to be covered by this waiver, must retain relevant
documentation as to those items in their project files, and must
summarize in reports to TSA the types and/or categories of items to
which this waiver is applied, the total cost of the goods covered by
the waiver, and the calculations by which they determined the total
cost of materials used in and incorporated into the project.
Issued in Arlington, Virginia, on October 7, 2009.
Gale D. Rossides,
Acting Administrator.
[FR Doc. E9-24608 Filed 10-9-09; 8:45 am]
BILLING CODE 9110-05-P
