Sunshine Act Notices, 64690-64691 [E9-29118]
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64690
Federal Register / Vol. 74, No. 234 / Tuesday, December 8, 2009 / Notices
determined MBR to be the most
environmentally sound and cost
effective solution. The MBR system is
an advance waste water treatment
process which is designed to meet the
high quality effluent requirements of the
waste load allocation under the NPDES
permit.
In addition, in anticipation of
procuring the MBR system, Frederick
County had issued specifications for the
MBR system in its June 2007 Request for
Proposal (RFP) and evaluated and
awarded the contract in March 2008.
Section 11500 of this RFP No. 07–CP–
78 included technical specifications for
Membrane Filtration Equipment, and
the qualification criteria in Section 1.03
of the bidder questionnaire required an
established record of installed systems
at municipal WWTPs. Specifically,
Section 1.03 of the bidder questionnaire
required that: (1) The bidder furnish a
list of five of its MBR system
installations at municipal WWTPs, (2)
three of these systems have been in
operation for at least one year, and (3)
at least one of the three systems has an
average flow design capacity of 1.0 MGD
or more. These specifications and
requirements were justified by Frederick
County’s obligation to meet reliably the
environmental requirements of its
NPDES permit. In this selection phase,
no domestic manufacturers were able to
meet these technical specifications and
experience requirements. In May 2009,
Frederick County received bids for the
construction of the entire WWTP
expansion based on the RFP. The
winning general contractor will use the
pre-selected MBR design/equipment in
the final installation.
Frederick County has provided
information to the EPA demonstrating
that there are no membrane filtration
systems manufactured in the United
States in sufficient and reasonable
quantity and of a satisfactory quality to
meet these technical specifications in its
RFP. Two companies, neither of which
manufacture in the United States, met
Frederick County’s justified technical
specifications and experience
requirements.
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.’’ Frederick County has
incorporated specific technical design
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15:16 Dec 07, 2009
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requirements for installation of a MBR
system at its WWTP.
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 Frederick County,
to revise their standards and
specifications, institute a new bidding
process, and potentially choose a more
costly, less efficient project. 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.
Based on additional research
conducted by EPA’s Office of
Infrastructure and Assistance (OIA) in
Region III, and to the best of the
Region’s knowledge at the time of
review, there did not appear to be other
MBR systems manufactured
domestically back in March 2008 that
would meet Frederick County’s
technical specifications. EPA’s national
contractor prepared a technical
assessment report dated October 16,
2009 based on the waiver request
submitted. The report determined that
the waiver request submittal was
complete, that adequate technical
information was provided, and that
there were no significant weaknesses in
the justification provided. The report
confirmed the waiver applicant’s claim
that only non-domestic manufacturers
of the MBR cartridge could meet the
technical specifications included in the
RFP for Membrane Filtration Equipment
and the qualification criteria for an
established record of installed systems
at WWTPs included in the bidder
questionnaire.
Frederick County included a
performance guarantee in the RFP as
well as the original specification. GE’s
performance guarantee applies to the
entire MBR system, including all
components supplied by GE, which
would be voided by substitution of
other components. The potential
voiding of the performance raises a
valid issue regarding availability of
alternative desiccant air dryers and
vacuum ejectors. The existence of such
a performance guarantee supports
treating the entire MBR system as a
unitary whole, rather than a collection
of individual components. Therefore,
EPA Region III concludes that only the
‘‘GE Zenon MBR System—as a whole’’
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meets the ‘‘specifications in project
plans and design.’’
The OIA has reviewed this waiver
request and to the best of our knowledge
at the time of review has determined
that the supporting documentation
provided by Frederick County is
sufficient to meet the criteria listed
under Section 1605(b), 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). 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
Frederick County’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, Frederick County
is hereby granted a waiver from the Buy
American requirements of Section
1605(a) of Public Law 111–5 for the
purchase of a MBR system using ARRA
funds as specified in Frederick County’s
request of August 18, 2009. 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: November 20, 2009.
William C. Early,
Acting Regional Administrator, U.S.
Environmental Protection Agency, Region III.
[FR Doc. E9–29214 Filed 12–7–09; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL ELECTION COMMISSION
Sunshine Act Notices
Federal Election Commission.
Thursday, December 3,
2009, at 10 a.m.
PLACE: 999 E Street, NW., Washington,
DC, (ninth floor).
AGENCY:
DATE AND TIME:
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08DEN1
Federal Register / Vol. 74, No. 234 / Tuesday, December 8, 2009 / Notices
STATUS: This meeting will be open to the
public.
ITEMS TO BE DISCUSSED:
Correction and Approval of Minutes.
Adoption of Policy to Prepare and
Publish a Guidebook for Complainants
and Respondents in Enforcement
Matters.
Agency Procedure.
Management and Administrative
Matters.
Individuals who plan to attend and
require special assistance, such as sign
language interpretation or other
reasonable accommodations, should
contact Mary Dove, Commission
Secretary, at (202) 694–1040, at least 72
hours prior to the hearing date.
PERSON TO CONTACT FOR INFORMATION:
Judith Ingram, Press Officer; Telephone:
(202) 694–1220.
Mary W. Dove,
Secretary of the Commission.
[FR Doc. E9–29118 Filed 12–7–09; 8:45 am]
BILLING CODE 6715–01–M
FEDERAL HOUSING FINANCE
AGENCY
[No. 2009–N–13]
Proposed Collection; Comment
Request
WReier-Aviles on DSKGBLS3C1PROD with NOTICES
AGENCY: Federal Housing Finance
Agency.
ACTION: 30-day Notice of submission of
information collection for approval from
the Office of Management and Budget.
SUMMARY: In accordance with the
requirements of the Paperwork
Reduction Act of 1995, the Federal
Housing Finance Agency (FHFA) is
seeking public comments concerning a
currently approved information
collection known as ‘‘Affordable
Housing Program (AHP),’’ which has
been assigned control number 2590–
0007 by the Office of Management and
Budget (OMB). FHFA will submit a
request to OMB for regular review and
approval to renew the information
collection for a three-year period. The
control number is due to expire on
December 31, 2009.
DATES: Interested persons may submit
comments on or before January 7, 2010.
Comments: Submit comments to the
Office of Information and Regulatory
Affairs of the Office of Management and
Budget, Attention: Desk Officer for the
Federal Housing Finance Agency,
Washington, DC 20503, Fax: 202–395–
6974, E-mail address:
OIRA_Submission@omb.eop.gov. Please
also submit them to FHFA using any
one of the following methods:
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15:16 Dec 07, 2009
Jkt 220001
• E-mail: RegComments@fhfa.gov.
Please include Proposed Collection;
Comment Request: Affordable Housing
Program (AHP) (No. 2009–N–##) in the
subject line of the message.
• Mail/Hand Delivery: Federal
Housing Finance Agency, Fourth Floor,
1700 G Street, NW., Washington, DC
20552, Attention: Public Comments/
Proposed Collection; Comment Request:
Affordable Housing Program (AHP) (No.
2009–N–##).
• Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
We will post all public comments we
receive without change, including any
personal information you provide, such
as your name and address, on the FHFA
Web site at https://www.fhfa.gov. Send
requests for copies of the Affordable
Housing Program information collection
and supporting documentation to the
contact referenced in the For Further
Information Contact section. There is no
charge for copies.
FOR FURTHER INFORMATION CONTACT:
Charles E. McLean, Acting Manager,
Division of Housing Mission and Goals,
Charles.Mclean@fhfa.gov, 202–408–
2537; or Deattra D. Perkins, Community
Development Specialist, Division of
Housing Mission and Goals,
Deattra.Perkins@fhfa.gov, 202–408–
2527 (not toll-free numbers). The
telephone number for the
Telecommunications Device for the Deaf
is 800–877–8339.
SUPPLEMENTARY INFORMATION:
A. Background
Section 10(j) of the Federal Home
Loan Bank Act (Bank Act) requires each
Bank to establish an affordable housing
program, the purpose of which is to
enable a Bank’s members to finance
homeownership by households with
incomes at or below 80% of the area
median income (low- or moderateincome households), and to finance the
purchase, construction, or rehabilitation
of rental projects in which at least 20%
of the units will be occupied by and
affordable for households earning 50%
or less of the area median income (very
low-income households). 12 U.S.C.
1430(j)(1) and (2). The Bank Act
requires each Bank to contribute 10% of
its previous year’s net earnings to its
AHP annually, subject to a minimum
annual combined contribution by the 12
Banks of $100 million. 12 U.S.C.
1430(j)(5)(C).
The AHP regulation authorizes a
Bank, in its discretion, to set aside a
portion of its annual required AHP
contribution to establish
homeownership set-aside programs for
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64691
the purpose of promoting
homeownership for low- or moderateincome households. See 12 CFR 1291.6.
Under the homeownership set-aside
programs, a Bank may provide AHP
direct subsidy (grants) to members to
pay for down payment assistance,
closing costs, and counseling costs in
connection with a household’s purchase
of its primary residence, and for
rehabilitation assistance in connection
with a household’s rehabilitation of an
owner-occupied residence. 12 CFR
1291.6(c)(4). Currently, a Bank may
allocate up to the greater of $4.5 million
or 35% of its annual required AHP
contribution to homeownership setaside programs in that year.
B. Need for and Use of the Information
Collection
The Banks use AHP data collection to
determine whether an AHP applicant
satisfies the statutory and regulatory
requirements to receive AHP subsidies.
FHFA’s use of the information is
necessary to enable and to ensure that
Bank funding decisions, and the use of
the funds awarded, are consistent with
statutory and regulatory requirements.
The AHP information collection is
found in the Data Reporting Manual
(DRM). See Resolution Number 2006–13
(available electronically in the FOIA
Reading Room: https://www.fhfa.gov/
Default.aspx?Page=256&ListYear=
2006&ListCategory=9#9/2006).
The OMB number for the information
collection is 2590–0007. The OMB
clearance for the information collection
expires on December 31, 2009. The
likely respondents are institutions that
are Bank members.
C. Burden Estimate
FHFA analyzed the cost and hour
burden for the seven facets of the AHP
information collection—AHP
applications, AHP modification
requests, AHP monitoring agreements,
AHP recapture agreements,
homeownership set-aside program
applications, verifications of statutory
and regulatory compliance at the time of
subsidy disbursement, and Bank
Advisory Council reports and
recommendations on AHP
implementation plans. As explained in
more detail below, the estimate for the
total annual hour burden for applicant
and member respondents for all seven
facets of the AHP information collection
is 76,214 hours.
1. AHP Applications
FHFA estimates a total annual average
of 2,050 applications for AHP funding,
with 1 response per applicant, and a 24hour average processing time for each
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Agencies
[Federal Register Volume 74, Number 234 (Tuesday, December 8, 2009)]
[Notices]
[Pages 64690-64691]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-29118]
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FEDERAL ELECTION COMMISSION
Sunshine Act Notices
AGENCY: Federal Election Commission.
Date and Time: Thursday, December 3, 2009, at 10 a.m.
Place: 999 E Street, NW., Washington, DC, (ninth floor).
[[Page 64691]]
Status: This meeting will be open to the public.
Items To Be Discussed:
Correction and Approval of Minutes.
Adoption of Policy to Prepare and Publish a Guidebook for
Complainants and Respondents in Enforcement Matters.
Agency Procedure.
Management and Administrative Matters.
Individuals who plan to attend and require special assistance, such
as sign language interpretation or other reasonable accommodations,
should contact Mary Dove, Commission Secretary, at (202) 694-1040, at
least 72 hours prior to the hearing date.
Person to Contact for Information: Judith Ingram, Press Officer;
Telephone: (202) 694-1220.
Mary W. Dove,
Secretary of the Commission.
[FR Doc. E9-29118 Filed 12-7-09; 8:45 am]
BILLING CODE 6715-01-M