60 Day FRN

52498

Federal Register / Vol. 74, No. 196 / Tuesday, October 13, 2009 / Notices

Dated: October 6, 2009.
Jennifer Spaeth,
Director, Office of Federal Advisory
Committee Policy.
[FR Doc. E9–24598 Filed 10–9–09; 8:45 am]
BILLING CODE 4140–01–P

DEPARTMENT OF HEALTH AND
HUMAN SERVICES
National Institutes of Health
Center for Scientific Review; Notice of
Closed Meetings

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Pursuant to section 10(d) of the
Federal Advisory Committee Act, as
amended (5 U.S.C. App.), notice is
hereby given of the following meetings.
The meetings will be closed to the
public in accordance with the
provisions set forth in sections
552b(c)(4) and 552b(c)(6), Title 5 U.S.C.,
as amended. The grant applications and
the discussions could disclose
confidential trade secrets or commercial
property such as patentable material,
and personal information concerning
individuals associated with the grant
applications, the disclosure of which
would constitute a clearly unwarranted
invasion of personal privacy.
Name of Committee: Center for Scientific
Review Special Emphasis Panel; Research
Resource Review.
Date: November 4–6, 2009.
Time: 6 p.m. to 1 p.m.
Agenda: To review and evaluate grant
applications.
Place: Renaissance Mayflower Hotel, 1127
Connecticut Avenue, NW., Washington, DC
20036.
Contact Person: George W. Chacko, PhD,
Scientific Review Officer, Center for
Scientific Review, National Institutes of
Health, 6701 Rockledge Drive, Room 5170,
MSC 7849, Bethesda, MD 20892, 301–435–
1245, [email protected].
Name of Committee: Center for Scientific
Review Special Emphasis Panel; High-end
Mass Spectrometry Instrumentation.
Date: November 5–6, 2009.
Time: 8 a.m. to 12 p.m.
Agenda: To review and evaluate grant
applications.
Place: Hyatt Regency Bethesda, One
Bethesda Metro Center, 7400 Wisconsin
Avenue, Bethesda, MD 20814.
Contact Person: Arnold Revzin, PhD,
Scientific Review Officer, Center for
Scientific Review, National Institutes of
Health, 6701 Rockledge Drive, Room 4146,
MSC 7806, Bethesda, MD 20892, (301) 435–
1153, [email protected].
Name of Committee: Center for Scientific
Review Special Emphasis Panel; Shared
Instrumentation Grant Applications.
Date: November 16–17, 2009.
Time: 8 a.m. to 3 p.m.
Agenda: To review and evaluate grant
applications.

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Place: National Institutes of Health, 6701
Rockledge Drive, Bethesda, MD 20892
(Virtual Meeting).
Contact Person: Patricia Greenwel, PhD,
Scientific Review Officer, Center for
Scientific Review, National Institutes of
Health, 6701 Rockledge Drive, Room 2178,
MSC 7818, Bethesda, MD 20892, 301–435–
1169, [email protected].
Name of Committee: Center for Scientific
Review Special Emphasis Panel; PAR08–259:
Bio-Organic Biomedical Mass Spectrometry
Resource.
Date: November 18–20, 2009.
Time: 8 a.m. to 1 p.m.
Agenda: To review and evaluate grant
applications.
Place: Hotel Nikko, 222 Mason Street, San
Francisco, CA 94102.
Contact Person: Vonda K. Smith, PhD,
Scientific Review Officer, Center for
Scientific Review, National Institutes of
Health, 6701 Rockledge Drive, Room 4148,
MSC 7806, Bethesda, MD 20892, 301–435–
1789, [email protected].
(Catalogue of Federal Domestic Assistance
Program Nos. 93.306, Comparative Medicine;
93.333, Clinical Research, 93.306, 93.333,
93.337, 93.393–93.396, 93.837–93.844,
93.846–93.878, 93.892, 93.893, National
Institutes of Health, HHS)
Dated: October 6, 2009.
Jennifer Spaeth,
Director, Office of Federal Advisory
Committee Policy.
[FR Doc. E9–24596 Filed 10–9–09; 8:45 am]
BILLING CODE 4140–01–P

DEPARTMENT OF HOMELAND
SECURITY
United States Immigration and
Customs Enforcement
Agency Information Collection
Activities: Extension of an Existing
Information Collection; Comment
Request
ACTION: 60-Day Notice of Information
Collection Under Review; File No.
OMB–6, Emergency Federal Law
Enforcement Assistance; OMB Control
No. 1653–0019.

The Department of Homeland
Security, U.S. Immigration and Customs
Enforcement (USICE), has submitted the
following information collection request
for review and clearance in accordance
with the Paperwork Reduction Act of
1995. The information collection is
published to obtain comments from the
public and affected agencies. Comments
are encouraged and will be accepted for
sixty days until December 14, 2009.
Written comments and suggestions
regarding items contained in this notice,
and especially with regard to the
estimated public burden and associated

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response time should be directed to the
Department of Homeland Security
(DHS), Joseph M. Gerhart, Chief,
Records Management Branch, U.S.
Immigration and Customs Enforcement,
500 12th Street, SW., Room 3138,
Washington, DC 20024; (202) 732–6337.
Comments are encouraged and will be
accepted for sixty days until December
14, 2009. Written comments and
suggestions from the public and affected
agencies concerning the proposed
collection of information should address
one or more of the following four points:
(1) Evaluate whether the collection of
information is necessary for the proper
performance of the functions of the
agency, including whether the
information will have practical utility;
(2) Evaluate the accuracy of the
agencies estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used;
(3) Enhance the quality, utility, and
clarity of the information to be
collected; and clarity of the information
to be collected;
(4) Minimize the burden of the
collection of information on those who
are to respond, including through the
use of appropriate automated,
electronic, mechanical, or other
technological collection techniques or
other forms of information technology,
e.g., permitting electronic submission of
responses.
Overview of this information
collection:
(1) Type of Information Collection:
Extension of currently approved
information collection.
(2) Title of the Form/Collection:
Emergency Federal Law Enforcement
Assistance.
(3) Agency form number, if any, and
the applicable component of the
Department of Homeland Security
sponsoring the collection: No Agency
Form Number; (File No. OMB–6) U.S.
Immigration and Customs Enforcement.
(4) Affected public who will be asked
or required to respond, as well as a brief
abstract: Primary: State, Local or Tribal
Government. Section 404(b) of the
Immigration and Naturalization Act
provides for the reimbursement to States
and localities for assistance provided in
meeting an immigration emergency.
(5) An estimate of the total number of
respondents and the amount of time
estimated for an average respondent to
respond: 10 responses at 30 minutes (.50
hours) per response.
(6) An estimate of the total public
burden (in hours) associated with the
collection: 300 annual burden hours.
Requests for a copy of the proposed
information collection instrument, with

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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: [email protected] 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]
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DEPARTMENT OF HOMELAND
SECURITY
Transportation Security Administration
Electronic Baggage Screening
Program
AGENCY: Transportation Security
Administration, DHS.
ACTION: Notice of waiver.

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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 [email protected].
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

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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

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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.

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