Notice of a Project Waiver of Section 1605 (Buy American Requirement) of the American Recovery and Reinvestment Act of 2009 (ARRA) to the Auburn, ME Sewerage District, 29483-29484 [E9-14600]
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Federal Register / Vol. 74, No. 118 / Monday, June 22, 2009 / Notices
and reflects consideration of potential
economic benefit gained by Respondent,
attributable to its delayed compliance
with the CWA, EPCRA, and CAA
regulations, and the potential for harm
that could have resulted from the
violations.
The total civil penalty assessed for
settlement purposes is four hundred
sixty-eight thousand and six hundred
dollars ($468,600). Respondent has
agreed to pay this amount. EPA and
Respondent negotiated and signed an
administrative consent agreement,
following the Consolidated Rules of
Practice, 40 CFR 22.13(b), on May 14,
2009 (In Re: Cellco Partnership doing
business as Verizon Wireless. Docket
Nos. CWA–HQ–2008–8002, EPCRA–
HQ–2008–8002, CAA–HQ–2008–8002).
This consent agreement is subject to
public notice and comment under CWA
Section 311(b)(6), 33 U.S.C. 1321(b)(6).
The full consent agreement is available
for public review and comment at
https://www.regulations.gov, Docket ID
No. EPA–HQ–OECA–2008–0804.
Under CWA Section 311(b)(6)(A), 33
U.S.C. 1321(b)(6)(A), any owner,
operator, or person in charge of a vessel,
onshore facility, or offshore facility from
which oil is discharged in violation of
CWA Section 311(b)(3), 33 U.S.C.
1321(b)(3), or who fails or refuses to
comply with any regulations that have
been issued under CWA Section 311(j),
33 U.S.C. 1321(j), may be assessed an
administrative civil penalty of up to
$177,500 by EPA. Class II proceedings
under CWA Section 311(b)(6), 33 U.S.C.
1321(b)(6), are conducted in accordance
with 40 CFR Part 22.
Under EPCRA Section 325, 42 U.S.C.
11045, the Administrator may issue an
administrative order assessing a civil
penalty against any person who has
violated applicable emergency planning
or right-to-know requirements, or any
other requirement of EPCRA.
Proceedings under EPCRA Section 325,
42 U.S.C. 11045, are conducted in
accordance with 40 CFR part 22.
Under CAA Section 113, 42 U.S.C.
7413, the Administrator may issue an
administrative penalty order to any
person who has violated or is in
violation of any requirement or
prohibition of an applicable
implementation plan or permit.
Proceedings under CAA Section 113, 42
U.S.C. 7413, are conducted in
accordance with 40 CFR part 22.
The procedures by which the public
may comment on a proposed Class II
penalty order, or participate in a CWA
Class II penalty proceeding, are set forth
in 40 CFR 22.45. The deadline for
submitting public comment on this
proposed final order July 22, 2009. All
VerDate Nov<24>2008
16:55 Jun 19, 2009
Jkt 217001
comments will be transferred to the
Environmental Appeals Board (EAB) of
EPA for consideration. The powers and
duties of the EAB are outlined in 40
CFR 22.4(a).
Pursuant to CWA Section
311(b)(6)(C), 33 U.S.C. 1321(b)(6), EPA
will not issue an order in this
proceeding prior to the close of the
public comment period.
Dated: June 10, 2009.
Bernadette Rappold,
Director, Special Litigation and Projects
Division, Office of Enforcement and
Compliance Assurance.
[FR Doc. E9–14599 Filed 6–19–09; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–8921–1]
Notice of a Project Waiver of Section
1605 (Buy American Requirement) of
the American Recovery and
Reinvestment Act of 2009 (ARRA) to
the Auburn, ME Sewerage District
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Notice.
SUMMARY: The EPA is hereby granting a
project waiver of the Buy American
requirements of ARRA Section 1605
under the authority of Section
1605(b)(2) [manufactured goods are not
produced in the United States in
sufficient and reasonably available
quantities and of a satisfactory quality]
to the Auburn, Maine Sewerage District
for the purchase of specialized ductile
iron spring loaded hinged 24″ diameter
sanitary manhole covers and frames
(i.e., ‘‘REXUS #62114 24S or equal’’).
These manhole covers and frames are
manufactured outside of the United
States by Saint-Gobain, a company
based in France, and meet the District’s
technical specifications, which have
been in use for at least the past five
years. The Acting Regional
Administrator is making this
determination based on the review and
recommendations of the Municipal
Assistance Unit. The Auburn, Maine
Sewerage District has provided
sufficient documentation to support its
request. The Assistant Administrator of
the Office of Administration and
Resources Management has concurred
on this decision to make an exception
to Section 1605 of ARRA. This action
permits the purchase of specific ductile
iron manhole covers and frames for the
proposed project being implemented by
the Auburn, Maine Sewerage District.
PO 00000
Frm 00022
Fmt 4703
Sfmt 4703
DATES:
29483
Effective Date: May 13, 2009.
FOR FURTHER INFORMATION CONTACT:
Katie Connors, Environmental Engineer,
(617) 918–1658, or David Chin,
Environmental Engineer, (617) 918–
1764, Municipal Assistance Unit (CMU),
Office of Ecosystem Protection (OEP),
U.S. EPA, One Congress Street, CMU,
Boston, MA 02114.
SUPPLEMENTARY INFORMATION:
In accordance with ARRA Section
1605(c) and pursuant to Section
1605(b)(2) of Public Law 111–5, Buy
American requirements, EPA hereby
provides notice that it is granting a
project waiver to the Auburn, Maine
Sewerage District for the acquisition of
specialized ductile iron spring loaded
hinged 24″ diameter sanitary manhole
covers and frames (i.e., ‘‘REXUS #62114
24S or equal’’) manufactured outside of
the United States by Saint-Gobain, a
company based in France.
Section 1605 of the ARRA requires
that none of the appropriated funds may
be used 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 unless a waiver is
provided to the recipient by EPA. A
waiver may be provided if EPA
determines that (1) applying these
requirements would be inconsistent
with public interest; (2) iron, steel, and
the relevant manufactured goods are not
produced in the United States in
sufficient and reasonably available
quantities and of a satisfactory quality;
or (3) inclusion of iron, steel, and the
relevant manufactured goods produced
in the United States will increase the
cost of the overall project by more than
25 percent.
The Auburn, Maine Sewerage District
has stated that for at least the past five
years it has standardized its manhole
cover procurement on ductile iron
covers and integrated frames. The
District has utilized specialized 24″
diameter spring loaded hinged ductile
iron sanitary manhole covers and frames
(i.e., ‘‘REXUS #62114 24S or equal’’)
within its collection system. The
reasons for the District’s standard
include:
(1) The product is more durable in a
colder climate than comparable cast
iron products; and (2) a spring loaded
hinged and locking cover is much more
secure and safer (e.g. the cover will not
flip off when hit by a larger vehicle and
will automatically lock in the vertical
position to avoid inadvertent closure).
The District’s submission clearly
articulates entirely functional reasons
for its technical specifications, and has
E:\FR\FM\22JNN1.SGM
22JNN1
pwalker on PROD1PC71 with NOTICES
29484
Federal Register / Vol. 74, No. 118 / Monday, June 22, 2009 / Notices
provided sufficient documentation that
the relevant manufactured goods are not
produced in the United States in
sufficient and reasonably available
quantity and of a satisfactory quality to
meet its technical specifications.
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’’. Based on
conversations with the District, the
technical design specifications for the
manhole cover and frame were provided
separately to all of the interested
contractors prior to bid to ensure that
materials would meet the District’s
standard specifications.
The District has provided information
to the EPA representing that there are
currently no ductile iron manhole
frames and covers manufactured in the
United States that have the exact same
product specifications in place. The
District has also provided certification
from its supplier representing that there
are no other ductile iron manhole covers
and frames from a domestic
manufacturer to meet the District’s exact
specifications.
Based on additional research (i.e.
Internet product literature search and
follow-up telephone calls) conducted by
the Municipal Assistance Unit and to
the best of the Region’s knowledge at
the time of the review, there do not
appear to be other manhole covers and
frames available to meet the District’s
exact technical specifications. There is
one domestic manufacturer that has a
product that appears to have most of the
same attributes (e.g. ductile iron cover
and frame, hinged cover, and a locking
capability). However, based on
information provided to the EPA at the
time of the review, it did not have the
spring loaded feature for its 24″
diameter manhole cover.
Furthermore, 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 Auburn, Maine Sewerage
District, to revise their standards and
specifications and to start the bidding
process again. 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
VerDate Nov<24>2008
16:55 Jun 19, 2009
Jkt 217001
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 Municipal Assistance Unit (CMU)
has reviewed this waiver request and
has determined that the supporting
documentation provided by the Auburn,
Maine Sewerage District is sufficient to
meet the criteria listed under Section
1605(b) and in the April 28, 2009,
‘‘Implementation of Buy American
provisions of Public Law 111–5, the
‘American Recovery and Reinvestment
Act of 2009’ 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 the District’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, the Auburn, Maine
Sewerage District is hereby granted a
waiver from the Buy American
requirements of Section 1605(a) of
Public Law 111–5 for the purchase of
ductile iron manhole covers and frames
using ARRA funds as specified in the
District’s request of April 6, 2009. This
supplementary information constitutes
the detailed written justification
required by Section 1605(c) for waivers
‘‘based on a finding under subsection
(b).’’
Authority: Public Law 111–5, Section
1605.
June 8, 2009.
Ira W. Leighton,
Acting Regional Administrator, Region I, New
England.
[FR Doc. E9–14600 Filed 6–19–09; 8:45 am]
[Public Notice 119]
Agency Information Collection
Activities: Final Collection; Comment
Request
Export-Import Bank of the U.S.
Submission for OMB review and
comments request.
AGENCY:
ACTION:
Form Title: Payment Default Report
(EIB 09–01).
SUMMARY: The Export-Import Bank of
the United States (Ex-Im Bank), as a part
of its continuing effort to reduce
paperwork and respondent burden,
invites the general public and other
Federal Agencies to comment on the
proposed information collection, as
required by the Paperwork Reduction
Act of 1995.
This collection allows insured/
guaranteed parties and insurance
brokers to report overdue payments
from the borrower and/or guarantor. ExIm Bank customers will submit this
form electronically through Ex-Im
Online, replacing paper reporting. Ex-Im
Bank has simplified reporting of
payment defaults in this form by
including checkboxes and providing for
many fields to be self-populated. Ex-Im
Bank provides insurance, loads, and
guarantees for the financing of exports
of goods and services.
DATES: Comments should be received on
or before July 22, 2009 to be assured of
consideration.
ADDRESSES: Direct all comments to
Office of Management and Budget,
Office of Information and Regulatory
Affairs, 725 17th Street, NW.,
Washington, DC 20038.
SUPPLEMENTARY INFORMATION:
Titles and Form Number: EIB 09–01
Payment Default Report.
OMB Number: None.
Type of Review: Regular.
Need and Use: The information
requested enables insured/guaranteed
parties and insurance brokers to report
overdue payments from the borrower
and/or guarantor.
Affected Public: Insured/guaranteed
parties and brokers.
Annual Number of Respondents: 200.
Estimated Time per Respondent: 15
minutes.
Government Annual Burden Hours:
16.67.
Sharon A. Whitt,
Agency Clearance Officer.
[FR Doc. E9–14529 Filed 6–19–09; 8:45 am]
BILLING CODE 6560–50–P
PO 00000
EXPORT-IMPORT BANK OF THE U.S.
BILLING CODE 6690–01–M
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]]>Agencies
[Federal Register Volume 74, Number 118 (Monday, June 22, 2009)]
[Notices]
[Pages 29483-29484]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-14600]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-8921-1]
Notice of a Project Waiver of Section 1605 (Buy American
Requirement) of the American Recovery and Reinvestment Act of 2009
(ARRA) to the Auburn, ME Sewerage District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The EPA is hereby granting a project waiver of the Buy
American requirements of ARRA Section 1605 under the authority of
Section 1605(b)(2) [manufactured goods are not produced in the United
States in sufficient and reasonably available quantities and of a
satisfactory quality] to the Auburn, Maine Sewerage District for the
purchase of specialized ductile iron spring loaded hinged 24'' diameter
sanitary manhole covers and frames (i.e., ``REXUS 62114 24S or
equal''). These manhole covers and frames are manufactured outside of
the United States by Saint-Gobain, a company based in France, and meet
the District's technical specifications, which have been in use for at
least the past five years. The Acting Regional Administrator is making
this determination based on the review and recommendations of the
Municipal Assistance Unit. The Auburn, Maine Sewerage District has
provided sufficient documentation to support its request. The Assistant
Administrator of the Office of Administration and Resources Management
has concurred on this decision to make an exception to Section 1605 of
ARRA. This action permits the purchase of specific ductile iron manhole
covers and frames for the proposed project being implemented by the
Auburn, Maine Sewerage District.
DATES: Effective Date: May 13, 2009.
FOR FURTHER INFORMATION CONTACT: Katie Connors, Environmental Engineer,
(617) 918-1658, or David Chin, Environmental Engineer, (617) 918-1764,
Municipal Assistance Unit (CMU), Office of Ecosystem Protection (OEP),
U.S. EPA, One Congress Street, CMU, Boston, MA 02114.
SUPPLEMENTARY INFORMATION:
In accordance with ARRA Section 1605(c) and pursuant to Section
1605(b)(2) of Public Law 111-5, Buy American requirements, EPA hereby
provides notice that it is granting a project waiver to the Auburn,
Maine Sewerage District for the acquisition of specialized ductile iron
spring loaded hinged 24'' diameter sanitary manhole covers and frames
(i.e., ``REXUS 62114 24S or equal'') manufactured outside of
the United States by Saint-Gobain, a company based in France.
Section 1605 of the ARRA requires that none of the appropriated
funds may be used 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 unless a waiver is provided to the recipient by EPA. A
waiver may be provided if EPA determines that (1) applying these
requirements would be inconsistent with public interest; (2) iron,
steel, and the relevant manufactured goods are not produced in the
United States in sufficient and reasonably available quantities and of
a satisfactory quality; or (3) inclusion of iron, steel, and the
relevant manufactured goods produced in the United States will increase
the cost of the overall project by more than 25 percent.
The Auburn, Maine Sewerage District has stated that for at least
the past five years it has standardized its manhole cover procurement
on ductile iron covers and integrated frames. The District has utilized
specialized 24'' diameter spring loaded hinged ductile iron sanitary
manhole covers and frames (i.e., ``REXUS 62114 24S or equal'')
within its collection system. The reasons for the District's standard
include:
(1) The product is more durable in a colder climate than comparable
cast iron products; and (2) a spring loaded hinged and locking cover is
much more secure and safer (e.g. the cover will not flip off when hit
by a larger vehicle and will automatically lock in the vertical
position to avoid inadvertent closure).
The District's submission clearly articulates entirely functional
reasons for its technical specifications, and has
[[Page 29484]]
provided sufficient documentation that the relevant manufactured goods
are not produced in the United States in sufficient and reasonably
available quantity and of a satisfactory quality to meet its technical
specifications.
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''. Based on conversations with the District, the technical
design specifications for the manhole cover and frame were provided
separately to all of the interested contractors prior to bid to ensure
that materials would meet the District's standard specifications.
The District has provided information to the EPA representing that
there are currently no ductile iron manhole frames and covers
manufactured in the United States that have the exact same product
specifications in place. The District has also provided certification
from its supplier representing that there are no other ductile iron
manhole covers and frames from a domestic manufacturer to meet the
District's exact specifications.
Based on additional research (i.e. Internet product literature
search and follow-up telephone calls) conducted by the Municipal
Assistance Unit and to the best of the Region's knowledge at the time
of the review, there do not appear to be other manhole covers and
frames available to meet the District's exact technical specifications.
There is one domestic manufacturer that has a product that appears to
have most of the same attributes (e.g. ductile iron cover and frame,
hinged cover, and a locking capability). However, based on information
provided to the EPA at the time of the review, it did not have the
spring loaded feature for its 24'' diameter manhole cover.
Furthermore, 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 Auburn, Maine Sewerage District, to revise their standards and
specifications and to start the bidding process again. 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 Municipal Assistance Unit (CMU) has reviewed this waiver
request and has determined that the supporting documentation provided
by the Auburn, Maine Sewerage District is sufficient to meet the
criteria listed under Section 1605(b) and in the April 28, 2009,
``Implementation of Buy American provisions of Public Law 111-5, the
`American Recovery and Reinvestment Act of 2009' 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 the District'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, the
Auburn, Maine Sewerage District is hereby granted a waiver from the Buy
American requirements of Section 1605(a) of Public Law 111-5 for the
purchase of ductile iron manhole covers and frames using ARRA funds as
specified in the District's request of April 6, 2009. This
supplementary information constitutes the detailed written
justification required by Section 1605(c) for waivers ``based on a
finding under subsection (b).''
Authority: Public Law 111-5, Section 1605.
June 8, 2009.
Ira W. Leighton,
Acting Regional Administrator, Region I, New England.
[FR Doc. E9-14600 Filed 6-19-09; 8:45 am]
BILLING CODE 6560-50-P
