Environmental Impacts Statements; Notice of Availability, 62405-62406 [2011-26049]
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Federal Register / Vol. 76, No. 195 / Friday, October 7, 2011 / Notices
Description
Quantity
jlentini on DSK4TPTVN1PROD with NOTICES
24-in. STD Raised Face Weld Neck Flange .................
24-in. STD Flat Face Weld Neck Flange ......................
Based on additional research
conducted by EPA Region 6 there do not
appear to be any American-made carbon
steel pipe fittings and appurtenances
that would meet the City’s technical
specifications. EPA’s national contractor
prepared a technical assessment report
based on the waiver request submittal,
which confirmed the waiver applicant’s
claim that there are no American-made
carbon steel pipe fittings and
appurtenances available for use in the
proposed waste water treatment system.
EPA has also evaluated the City’s
request to determine if its submission is
considered late or if it could be
considered timely, as per the OMB
regulation at 2 CFR 176.120. 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, EPA could also
determine that a request be evaluated as
timely, though made after the date that
the contract was signed, if the need for
a waiver was not reasonably foreseeable.
If the need for a waiver is reasonably
foreseeable, then EPA could still apply
discretion in these late cases as per the
OMB Guidance, which says ‘‘the award
official may deny the request.’’ For
those waiver requests that do not have
a reasonably unforeseeable basis for
lateness, but for which the waiver basis
is valid and there is no apparent gain by
the ARRA recipient or loss on behalf of
the government, then EPA will still
consider granting a waiver.
In this case, the waiver request was
submitted after the contract date
because the City initiated an evaluation
of substantial transformation for the
pipe fittings and appurtenances;
however, after having a thorough
discussion at the Regional level, the City
has made a decision that the issuance of
the project specific waiver for the
carbon steel pipe fittings and
appurtenances is the best way to ensure
that the City is in compliance with the
Buy American provisions of ARRA.
There is no indication that the City
failed to request a waiver in order to
avoid the requirements of the ARRA,
particularly since there are no
domestically manufactured products
available that meet the project
specifications. EPA will consider the
City’s waiver request, a foreseeable late
request, as though it had been timely
VerDate Mar<15>2010
16:33 Oct 06, 2011
Jkt 226001
3
1
Material
Code standard
Carbon Steel .....................
Carbon Steel .....................
150# ANSI A105 ...............
150# ANSI A105 ...............
made since there is no gain by the City
and no loss by the government due to
the late request.
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.’’ The City has
incorporated specific technical design
requirements for installation of carbon
steel pipe fittings and appurtenances at
its wastewater treatment plant.
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 City, 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.
The Region 6 Water Quality
Protection Division has reviewed this
waiver request, and has determined that
the supporting documentation provided
by the City is sufficient to meet the
criteria listed under ARRA, Section
1605(b), Office of Management and
Budget (OMB) regulations at 2 CFR
176.60—176.170, and in the April 28,
2009, memorandum, ‘‘Implementation
of Buy American provisions of Public
Law 111–5, the American Recovery and
Reinvestment Act of 2009. The basis for
this project waiver is the authorization
provided in ARRA, 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 City’s technical
specifications, a waiver from the Buy
American requirement is justified.
EPA headquarters’ March 31, 2009
Delegation of Authority Memorandum
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62405
Connection
type
Not applicable.
Not applicable.
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 goods required
for this project, and that these
manufactured goods are not available
from a producer in the United States,
the City is hereby granted a waiver from
the Buy American requirements of
ARRA, Section 1605(a) of Public Law
111–5 for the purchase of the selected
carbon steel pipe fittings and
appurtenances, using ARRA funds, as
specified in the City’s request. This
supplementary information constitutes
the detailed written justification
required by ARRA, Section 1605(c), for
waivers ‘‘based on a finding under
subsection (b).’’
Authority: Pub. L. 111–5, section 1605.
Dated: September 26, 2011.
Al Armendariz,
Regional Administrator, U.S. Environmental
Protection Agency, Region 6.
[FR Doc. 2011–26090 Filed 10–6–11; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[ER–FRL–8999–4]
Environmental Impacts Statements;
Notice of Availability
Office of Federal Activities,
EPA.
General Information (202) 564–1399
or https://www.epa.gov/compliance/
nepa/.
Weekly receipt of Environmental Impact
Statements
Filed 09/26/2011 Through 09/30/2011
Pursuant to 40 CFR 1506.9.
AGENCY:
Notice
Section 309(a) of the Clean Air Act
requires that EPA make public its
comments on EISs issued by other
Federal agencies. EPA’s comment letters
on EIS are available at: https://
www.epa.gov/compliance/nepa/
eisdata.html.
EIS No. 20110332, Draft Supplement,
USFS, MT, Montanore Project,
Additional Information on
Alternatives, Proposes to Construct a
E:\FR\FM\07OCN1.SGM
07OCN1
jlentini on DSK4TPTVN1PROD with NOTICES
62406
Federal Register / Vol. 76, No. 195 / Friday, October 7, 2011 / Notices
Copper and Silver Underground Mine
and Associated Facilities, Including a
New Transmission Line, Plan-ofOperation Permit, Kootenai National
Forest, Sanders County, MT,
Comment Period Ends: 11/21/2011,
Contact: Lynn Hagarty 406–283–7642.
EIS No. 20110333, Final EIS, GSA, 00,
International Falls Land Port of Entry
Improvements Study, Proposes To
Replace the Existing Land Port of
Entry, Minnesota along the U.S. and
Canada Border, Review Period Ends:
11/07/2011, Contact: Donald R.
Melcher 312–353–1237.
EIS No. 20110334, Draft EIS, NPS, 00,
Blue Ridge Parkway General
Management Plan, Implementation,
Virginia and North Carolina,
Comment Period Ends: 12/06/2011,
Contact: Chris Church 303–969–2276.
EIS No. 20110335, Final EIS, USACE,
00, Fargo-Moorhead Metropolitan
Area Flood Risk Management, To
Document the Analysis of
Alternatives Developed To Reduce
Flood Risk, Red River of the North
Basin, ND and MN, Review Period
Ends: 11/07/2011, Contact: Aaron
Snyder 651–290–5489.
EIS No. 20110336, Draft Supplement,
USFS, 00, Rogue River-Siskiyou
National Forest, Motorized Vehicle
Use, Supplement the Existing 2009
FEIS To Add Complete Information
and Analysis, Implementation,
Douglas, Klamath, Jackson, Curry,
Coos and Josephine Counties, OR and
Del Norte and Siskiyou Counties, CA,
Comment Period Ends: 11/21/2011,
Contact: David Krantz 541–618–2200.
EIS No. 20110337, Final EIS, BIA, CA,
Manzanita Casino—Manzanita Band
of Kumeyaay Indians Fee-To-Trust
and Casino Facility/Hotel Project,
Construction and Operation, City of
Calexico, Imperial County, CA,
Review Period Ends: 11/07/2011,
Contact: John Rydzik 916–978–6051.
EIS No. 20110338, Final EIS, NPS, WV,
New River Gorge National River
Project, General Management Plan,
Implementation, Fayette, Raleigh and
Summers Counties, WV, Review
Period Ends: 11/07/2011, Contact:
Deborah Darden 304–465–6509.
EIS No. 20110339, Draft Supplement,
USN, WA, Trident Support Facilities
Explosives Handling Wharf (EHW–2),
New Information, Construction and
Operating, Naval Base Kitsap Bangor,
Silverdale, WA, Comment Period
Ends: 11/21/2011, Contact: Christine
Stevenson 360–396–0080.
EIS No. 20110340, Draft EIS, BLM, CA,
Walker Ridge Wind Energy
Generation Facility, Construction,
Operation and Decommissioning of a
Wind Energy Generation Facility of
VerDate Mar<15>2010
16:33 Oct 06, 2011
Jkt 226001
up to 70 megawatts, Lake and Colusa
Counties, CA, Comment Period Ends:
11/21/2011, Contact: Joseph Vieira
719–852–6213.
Amended Notices
EIS No. 20110265, Draft EIS, ARS, ID,
U.S. Sheep Experiment Station
Grazing and Associated Activities
Project 2010, To Develop Integrated
Methods for Increasing Production
Efficiency of Sheep, Dubois, ID,
Comment Period Ends: 11/21/2011,
Contact: Sue Wingate 603–569–3114.
EIS No. 20110323, Draft Supplement,
USFS, MI, Huron-Manistee National
Forests, Supplement the 2006 FEIS
Analysis and To Correct the
Deficiencies that the Meister Panel
Identified, Land and Resource
Management Plan, Implementation,
Several Counties, MI, Comment
Period Ends: 12/23/2011, Contact:
Ken Arbogast 231–775–2421 Revision
to FR Notice 09/23/2011: Correction
to Comment Period from 12/21/2011
to 12/23/2011.
EIS No. 20110327, Draft EIS, BR, 00,
Klamath Facilities Removal Project,
Advance Restoration of the Salmonid
Fisheries Klamath Basin, Siskiyou
County, CA and Klamath County, OR,
Comment Period Ends: 11/29/2011,
Contact: Elizabeth Vasqueuz 916–
978–5055 Revision to FR Notice 09/
30/2011: Correction to Comment
Period from 11/21/2011 to 11/29/
2011.
EIS No. 20110328, Draft EIS, NPS, CA,
Drakes Bay Oyster Company (DBOC)
Special Use Permit (SUP) for the
Period of 10 Years for its Shellfish
Operation, which Consists of
Commercial Production, Harvesting,
Processing, and Sale of Shellfish at
Point Reyes National Seashore, CA,
Comment Period Ends: 11/29/2011,
Contact: Cicely Muldoon 415–464–
5101 Revision to FR Notice 9/30/
2011: Correction to Comment Period
from 11/21/2011 to 11/29/2011.
Dated: October 4, 2011.
Cliff Rader,
Acting Director, NEPA Compliance Division,
Office of Federal Activities.
[FR Doc. 2011–26049 Filed 10–6–11; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL DEPOSIT INSURANCE
CORPORATION
Sunshine Act Meeting
Pursuant to the provisions of the
‘‘Government in the Sunshine Act’’ (5
U.S.C. 552b), notice is hereby given that
the Federal Deposit Insurance
Corporation’s Board of Directors will
PO 00000
Frm 00071
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meet in open session at 10 a.m. on
Tuesday, October 11, 2011, to consider
the following matters:
Summary Agenda: No substantive
discussion of the following items is
anticipated. These matters will be
resolved with a single vote unless a
member of the Board of Directors
requests that an item be moved to the
discussion agenda.
Disposition of minutes of previous
Board of Directors’ Meetings.
Memorandum and resolution re:
Disclosure of Information; Privacy Act
Amendments.
Summary reports, status reports, reports
of the Office of Inspector General, and
reports of actions taken pursuant to
authority delegated by the Board of
Directors.
Discussion Agenda
Memorandum re: Update of Projected
Deposit Insurance Fund Losses,
Income, and Reserve Ratios for the
Restoration Plan.
Memorandum and resolution re: Notice
of Proposed Rulemaking on
Prohibitions and Restrictions on
Proprietary Trading and Certain
Interests in, and Relationships with,
Hedge Funds and Private Equity
Funds.
The meeting will be held in the Board
Room on the sixth floor of the FDIC
Building located at 550 17th Street,
NW., Washington, DC.
This Board meeting will be Webcast
live via the Internet and subsequently
made available on-demand
approximately one week after the event.
Visit https://www.vodium.com/goto/fdic/
boardmeetings.asp to view the event. If
you need any technical assistance,
please visit our Video Help page at:
https://www.fdic.gov/video.html.
The FDIC will provide attendees with
auxiliary aids (e.g., sign language
interpretation) required for this meeting.
Those attendees needing such assistance
should call 703–562–2404 (Voice) or
703–649–4354 (Video Phone) to make
necessary arrangements.
Requests for further information
concerning the meeting may be directed
to Mr. Robert E. Feldman, Executive
Secretary of the Corporation, at 202–
898–7043.
Dated: October 4, 2011.
Federal Deposit Insurance Corporation.
Robert E. Feldman,
Executive Secretary.
[FR Doc. 2011–26130 Filed 10–5–11; 4:15 pm]
BILLING CODE P
E:\FR\FM\07OCN1.SGM
07OCN1
Agencies
[Federal Register Volume 76, Number 195 (Friday, October 7, 2011)]
[Notices]
[Pages 62405-62406]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-26049]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[ER-FRL-8999-4]
Environmental Impacts Statements; Notice of Availability
AGENCY: Office of Federal Activities, EPA.
General Information (202) 564-1399 or https://www.epa.gov/compliance/nepa/.
Weekly receipt of Environmental Impact Statements
Filed 09/26/2011 Through 09/30/2011
Pursuant to 40 CFR 1506.9.
Notice
Section 309(a) of the Clean Air Act requires that EPA make public
its comments on EISs issued by other Federal agencies. EPA's comment
letters on EIS are available at: https://www.epa.gov/compliance/nepa/eisdata.html.
EIS No. 20110332, Draft Supplement, USFS, MT, Montanore Project,
Additional Information on Alternatives, Proposes to Construct a
[[Page 62406]]
Copper and Silver Underground Mine and Associated Facilities, Including
a New Transmission Line, Plan-of-Operation Permit, Kootenai National
Forest, Sanders County, MT, Comment Period Ends: 11/21/2011, Contact:
Lynn Hagarty 406-283-7642.
EIS No. 20110333, Final EIS, GSA, 00, International Falls Land Port of
Entry Improvements Study, Proposes To Replace the Existing Land Port of
Entry, Minnesota along the U.S. and Canada Border, Review Period Ends:
11/07/2011, Contact: Donald R. Melcher 312-353-1237.
EIS No. 20110334, Draft EIS, NPS, 00, Blue Ridge Parkway General
Management Plan, Implementation, Virginia and North Carolina, Comment
Period Ends: 12/06/2011, Contact: Chris Church 303-969-2276.
EIS No. 20110335, Final EIS, USACE, 00, Fargo-Moorhead Metropolitan
Area Flood Risk Management, To Document the Analysis of Alternatives
Developed To Reduce Flood Risk, Red River of the North Basin, ND and
MN, Review Period Ends: 11/07/2011, Contact: Aaron Snyder 651-290-5489.
EIS No. 20110336, Draft Supplement, USFS, 00, Rogue River-Siskiyou
National Forest, Motorized Vehicle Use, Supplement the Existing 2009
FEIS To Add Complete Information and Analysis, Implementation, Douglas,
Klamath, Jackson, Curry, Coos and Josephine Counties, OR and Del Norte
and Siskiyou Counties, CA, Comment Period Ends: 11/21/2011, Contact:
David Krantz 541-618-2200.
EIS No. 20110337, Final EIS, BIA, CA, Manzanita Casino--Manzanita Band
of Kumeyaay Indians Fee-To-Trust and Casino Facility/Hotel Project,
Construction and Operation, City of Calexico, Imperial County, CA,
Review Period Ends: 11/07/2011, Contact: John Rydzik 916-978-6051.
EIS No. 20110338, Final EIS, NPS, WV, New River Gorge National River
Project, General Management Plan, Implementation, Fayette, Raleigh and
Summers Counties, WV, Review Period Ends: 11/07/2011, Contact: Deborah
Darden 304-465-6509.
EIS No. 20110339, Draft Supplement, USN, WA, Trident Support Facilities
Explosives Handling Wharf (EHW-2), New Information, Construction and
Operating, Naval Base Kitsap Bangor, Silverdale, WA, Comment Period
Ends: 11/21/2011, Contact: Christine Stevenson 360-396-0080.
EIS No. 20110340, Draft EIS, BLM, CA, Walker Ridge Wind Energy
Generation Facility, Construction, Operation and Decommissioning of a
Wind Energy Generation Facility of up to 70 megawatts, Lake and Colusa
Counties, CA, Comment Period Ends: 11/21/2011, Contact: Joseph Vieira
719-852-6213.
Amended Notices
EIS No. 20110265, Draft EIS, ARS, ID, U.S. Sheep Experiment Station
Grazing and Associated Activities Project 2010, To Develop Integrated
Methods for Increasing Production Efficiency of Sheep, Dubois, ID,
Comment Period Ends: 11/21/2011, Contact: Sue Wingate 603-569-3114.
EIS No. 20110323, Draft Supplement, USFS, MI, Huron-Manistee National
Forests, Supplement the 2006 FEIS Analysis and To Correct the
Deficiencies that the Meister Panel Identified, Land and Resource
Management Plan, Implementation, Several Counties, MI, Comment Period
Ends: 12/23/2011, Contact: Ken Arbogast 231-775-2421 Revision to FR
Notice 09/23/2011: Correction to Comment Period from 12/21/2011 to 12/
23/2011.
EIS No. 20110327, Draft EIS, BR, 00, Klamath Facilities Removal
Project, Advance Restoration of the Salmonid Fisheries Klamath Basin,
Siskiyou County, CA and Klamath County, OR, Comment Period Ends: 11/29/
2011, Contact: Elizabeth Vasqueuz 916-978-5055 Revision to FR Notice
09/30/2011: Correction to Comment Period from 11/21/2011 to 11/29/2011.
EIS No. 20110328, Draft EIS, NPS, CA, Drakes Bay Oyster Company (DBOC)
Special Use Permit (SUP) for the Period of 10 Years for its Shellfish
Operation, which Consists of Commercial Production, Harvesting,
Processing, and Sale of Shellfish at Point Reyes National Seashore, CA,
Comment Period Ends: 11/29/2011, Contact: Cicely Muldoon 415-464-5101
Revision to FR Notice 9/30/2011: Correction to Comment Period from 11/
21/2011 to 11/29/2011.
Dated: October 4, 2011.
Cliff Rader,
Acting Director, NEPA Compliance Division, Office of Federal
Activities.
[FR Doc. 2011-26049 Filed 10-6-11; 8:45 am]
BILLING CODE 6560-50-P