Notice of a Project Waiver of Section 1605 (Buy American Requirement) of the American Recovery and Reinvestment Act of 2009 (ARRA) to the Utah Division of Wildlife Resources (UDWR), 45438-45440 [E9-20801]
Download as PDF
<![CDATA[
jlentini on DSKJ8SOYB1PROD with NOTICES
45438
Federal Register / Vol. 74, No. 169 / Wednesday, September 2, 2009 / Notices
0605. Deliveries are only accepted from
8:30 a.m. to 4:30 p.m., Monday through
Friday, excluding legal holidays.
Special arrangements should be made
for deliveries of boxed information.
Instructions: Direct your comments to
Docket ID No. EPA–HQ–ORD–2009–
0605. Please ensure that your comments
are submitted within the specified
comment period. Comments received
after the closing date will be marked
‘‘late’’ and may only be considered if
time permits. EPA’s policy is that all
comments received will be included in
the public docket without change. These
may be made available online at
https://www.regulations.gov, including
any personal information provided,
unless the comment includes
information claimed to be Confidential
Business Information (CBI) or other
information whose disclosure is
restricted by statute. Do not submit
information that you consider to be CBI
or otherwise protected by statute
through https://www.regulations.gov or
e-mail.
The https://www.regulations.gov Web
site is an ‘‘anonymous access’’ system,
which means EPA will not know your
identity or contact information unless
you provide it in the body of your
comment. If you send an e-mail
comment directly to EPA, without going
through https://www.regulations.gov,
your e-mail address will be
automatically captured and included as
part of the comment that is placed in the
public docket and made available on the
Internet. If you submit an electronic
comment, EPA recommends that you
include your name and other contact
information in the body of your
comment and with any disk or CD–ROM
you submit. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment. Electronic files should avoid
the use of special characters, any form
of encryption, and be free of any defects
or viruses. For additional information
about EPA’s public docket, visit the EPA
Docket Center’s homepage at https://
www.epa.gov/epahome/dockets.htm.
Docket: All documents in the docket
are listed in the https://
www.regulations.gov index. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
will be publicly available only in hard
copy.
Publicly available docket materials
are available either electronically in
https://www.regulations.gov or in hard
copy at the EPA Docket Center (EPA/
VerDate Nov<24>2008
16:56 Sep 01, 2009
Jkt 217001
DC), Room 3334, EPA West Building,
1301 Constitution Avenue, NW.,
Washington, DC 20460. The Public
Reading Room is open from 8:30 a.m. to
4:30 p.m., Monday through Friday,
excluding legal holidays. The telephone
number for the Public Reading Room is
(202) 566–1744, and the telephone
number for the ORD Docket is (202)
566–1752.
FOR FURTHER INFORMATION CONTACT:
Seema Schappelle, Risk Assessment
Forum, Mail Code 8105R,
Environmental Protection Agency, 1200
Pennsylvania Avenue, NW.,
Washington, DC 20460; telephone
number: (202) 564–3372; fax number:
(202) 564–2070, E-mail:
schappelle.seema@epa.gov.
SUPPLEMENTARY INFORMATION: Dioxin
and dioxin like compounds (DLCs),
including polychlorinated dibenzodioxins (PCDDs), polychlorinated
dibenzofurans (PCDFs), and
polychlorinated biphenyls (PCBs), are
structurally and toxicologically related
halogenated dicyclic aromatic
hydrocarbons. Dioxins and DLCs are
released into the environment from
several industrial sources, including
chemical manufacturing, combustion,
and metal processing. There is global
contamination of air, soil and water
with trace levels of these compounds
that typically occur in the environment
as chemical mixtures. Dioxins and DLCs
do not readily degrade; therefore, levels
persist in the environment, build up in
the food chain and accumulate in the
tissues of animals. Human exposures to
these compounds occur primarily
through eating contaminated foods. The
health effects from exposures to dioxins
and DLCs have been documented
extensively in toxicological and
epidemiological studies.
Risk assessments have relied on the
dioxin toxicity equivalence factors
(TEFs) approach. Various stakeholders,
inside and outside the Agency, have
called for a more comprehensive
characterization of risks; therefore,
EPA’s Risk Assessment Forum (RAF),
located in the Office of the Science
Advisor, identified a need to examine
the recommended approach for
application of the toxicity equivalence
methodology in human health risk
assessments. An RAF Technical Panel
developed the draft guidance document,
‘‘Recommended Toxicity Equivalency
Factors (TEFs) for Human Health Risk
Assessments of Dioxin and Dioxin-Like
Compounds,’’ to assist EPA scientists in
using this methodology to assess health
risks from dioxins and dioxin-like
compounds, as well as inform EPA
decision makers, other agencies, and the
PO 00000
Frm 00027
Fmt 4703
Sfmt 4703
public about this methodology. EPA is
currently addressing several issues
related to dioxins and dioxin-like
chemicals in the environment. More
information on these activities is located
at: https://cfpub.epa.gov/ncea/CFM/
nceaQFind.cfm?keyword=Dioxin.
Dated: August 26, 2009.
Kevin Teichman,
Acting EPA Science Advisor.
[FR Doc. E9–21194 Filed 9–1–09; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–8951–1]
Notice of a Project Waiver of Section
1605 (Buy American Requirement) of
the American Recovery and
Reinvestment Act of 2009 (ARRA) to
the Utah Division of Wildlife Resources
(UDWR)
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 of a
satisfactory quality] to the UDWR for the
purchase of coconut fiber (coir) woven
mats. This is a project-specific waiver
and only applies to the use of the
specified product for the ARRA funded
project being proposed. Any other
ARRA project that may wish to use the
same product must apply for a separate
waiver based on project-specific
circumstances. These coconut fiber
woven mats, which are supplied by Geo
Dynamics in Ogden, UT, are
manufactured in India and Sri Lanka,
and meet the UDWR’s performance
specifications and requirements. The
Acting Regional Administrator is
making this determination based on the
review and recommendations of EPA
Region 8’s Technical & Financial
Services Unit. The UDWR 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 coconut fiber
woven mats for the Strawberry River
Restoration Project being implemented
by the UDWR that may otherwise be
prohibited under Section 1605(a) of the
ARRA.
DATES: Effective Date: July 25, 2009.
E:\FR\FM\02SEN1.SGM
02SEN1
Federal Register / Vol. 74, No. 169 / Wednesday, September 2, 2009 / Notices
FOR FURTHER INFORMATION CONTACT: Jody
Ostendorf, ARRA Coordinator, (303)
312–7814, or Brian Friel, SRF
Coordinator, (303) 312–6277, Technical
& Financial Services Unit, Water
Program, Office of Partnerships &
Regulatory Assistance, U.S. EPA Region
8, 1595 Wynkoop St., Denver, CO
80202.
jlentini on DSKJ8SOYB1PROD with NOTICES
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 UDWR for the
acquisition of coconut fiber woven mats
which are manufactured in India and
Sri Lanka.
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, or unless a waiver is
provided to the recipient by the head of
the appropriate agency, here EPA. A
waiver may be provided if EPA
determines that (1) applying these
requirements would be inconsistent
with the 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.
This manufactured good will be used
as part of the ‘‘Strawberry River
Restoration Project,’’ a stream
stabilization project in Utah. The UDWR
states that only coconut fiber woven
mats meet the specific needs of this
project, which are durability, mat size
and biodegradability. They indicate that
the key characteristics that set coconut
fiber woven mats apart from other
alternatives are a 4–5 year in-stream life
expectancy followed by 100%
biodegradation, and visually
unobtrusive properties. UDWR states
that coconut fibers are more durable
than straw and other materials used in
alternative mat products, and they do
not require the incorporation of
polypropylene and/or other synthetic
products that are not 100%
biodegradable.
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
VerDate Nov<24>2008
16:56 Sep 01, 2009
Jkt 217001
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 OMB ARRA Buy American
Guidance cites the Federal Acquisition
Regulation (FAR) as an appropriate
reference for availability waiver
inquiries. Specifically, the OMB
Guidance at section 176.80(a)(1) states
(at 77 FR 18452) that ‘‘The
determinations of nonavailability of the
articles listed at 48 CFR 25.104(a) and
the procedures at 48 CFR 25.103(b)(1)
also apply if any of those articles are
manufactured goods needed in the
project. The FAR’s list of nonavailable
articles includes ‘‘Fibers of the
following types: * * * coir,’’ thereby
establishing a presumption of lack of
U.S. availability. The FAR procedures at
48 CFR 25.103(b)(1) specified as
required in the OMB Guidance state
that:
(1)(i) A nonavailability determination has
been made for the articles listed in 25.104.
This determination does not necessarily
mean that there is no domestic source for the
listed items, but that domestic sources can
only meet 50 percent or less of total U.S.
government and nongovernment demand. (ii)
Before acquisition of an article on the list, the
procuring agency is responsible to conduct
market research appropriate to the
circumstances, including seeking of domestic
sources.
The applicant met the procedures
specified for the availability inquiry as
appropriate to the circumstances by
conducting on-line research and
contacting suppliers, and all sources
indicated that coconut fiber woven mats
are only manufactured outside of the
U.S. Therefore, based on the
information provided to EPA and to the
best of our knowledge at this time,
coconut fiber woven mats are not
manufactured in the United States, and
no other U.S. manufactured product can
meet UDWR’s performance
specifications and requirements.
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 agencies
such as UDWR 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
ARRA State Revolving Fund assistance
would result in unreasonable delay and
thus displace the ‘‘shovel ready’’ status
for this project. To further delay project
implementation is in direct conflict
PO 00000
Frm 00028
Fmt 4703
Sfmt 4703
45439
with a fundamental economic purpose
of the ARRA, which is to create or retain
jobs.
EPA’s national contractor prepared a
technical assessment report dated July
21, 2009 based on the submitted waiver
request. 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 there are no comparable domestic
products that can meet the specific
durability, size and biodegradation
needs of this project.
The Technical & Financial Services
Unit has reviewed this waiver request
and has determined that the supporting
documentation provided by the UDWR
is sufficient to meet the criteria listed
under Section 1605(b) of the ARRA 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) of the
ARRA. 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 UDWR’s
performance specifications and
requirements, 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 the 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 UDWR is
hereby granted a waiver from the Buy
American requirements of Section
1605(a) of Public Law 111–5 for the
purchase of coconut fiber woven mats
using ARRA funds as specified in the
UDWR’s request of July 8, 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.
E:\FR\FM\02SEN1.SGM
02SEN1
45440
Federal Register / Vol. 74, No. 169 / Wednesday, September 2, 2009 / Notices
Dated: August 20, 2009.
Andrew M. Gaydosh,
Acting Regional Administrator, Region 8.
[FR Doc. E9–20801 Filed 9–1–09; 8:45 am]
FEDERAL DEPOSIT INSURANCE
CORPORATION
BILLING CODE 6560–50–P
Final Statement of Policy on
Qualifications for Failed Bank
Acquisitions
FARM CREDIT ADMINISTRATION
AGENCY: Federal Deposit Insurance
Corporation (FDIC).
ACTION: Final statement of policy.
RIN 3064–AD47
Farm Credit Administration Board;
Regular Meeting
Farm Credit Administration.
SUMMARY: Notice is hereby given,
pursuant to the Government in the
Sunshine Act (5 U.S.C. 552b(e)(3)), of
the regular meeting of the Farm Credit
Administration Board (Board).
Date and Time: The regular meeting
of the Board will be held at the offices
of the Farm Credit Administration in
McLean, Virginia, on September 10,
2009, from 9 a.m. until such time as the
Board concludes its business.
FOR FURTHER INFORMATION CONTACT:
Roland E. Smith, Secretary to the Farm
Credit Administration Board, (703) 883–
4009, TTY (703) 883–4056.
ADDRESSES: Farm Credit
Administration, 1501 Farm Credit Drive,
McLean, Virginia 22102–5090.
SUPPLEMENTARY INFORMATION: Parts of
this meeting of the Board will be open
to the public (limited space available),
and parts will be closed to the public.
In order to increase the accessibility to
Board meetings, persons requiring
assistance should make arrangements in
advance. The matters to be considered
at the meeting are:
AGENCY:
Open Session
A. Approval of Minutes
• August 13, 2009.
B. New Business
• Fall 2009 Abstract of the Unified
Agenda of Federal Regulatory and
Deregulatory Actions and Fall 2009
Regulatory Performance Plan.
Closed Session*
A. Reports
• Office of Secondary Market
Oversight Quarterly Report.
B. New Business
jlentini on DSKJ8SOYB1PROD with NOTICES
• Supervisory Actions.
Dated: August 28, 2009.
Roland E. Smith,
Secretary, Farm Credit Administration Board.
*Session Closed—Exempt pursuant to
5 U.S.C. 552b(c)(8) and (9).
SUMMARY: The FDIC is issuing a Final
Statement of Policy on Qualifications
for Failed Bank Acquisitions (Final
Statement). This Final Statement
provides guidance to private capital
investors interested in acquiring or
investing in failed insured depository
institutions regarding the terms and
conditions for such investments or
acquisitions.
DATES: Effective Date: August 26, 2009.
FOR FURTHER INFORMATION CONTACT:
Catherine Topping, Counsel, Legal
Division, (202) 898–3975 or
ctopping@fdic.gov, Charles A. Fulton,
Counsel, Legal Division, (703) 562–2424
or chfulton@fdic.gov, Lisa Arquette,
Associate Director, (202) 898–8633 or
larquette@fdic.gov, or Mindy West,
Chief, Policy and Program Development,
Division of Supervision and Consumer
Protection, (202) 898–7221 or
miwest@fdic.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On July 9, 2009, the FDIC published
for comment a Proposed Statement of
Policy on Qualifications for Failed Bank
Acquisitions (Proposed Policy
Statement) with a 30-day comment
period to provide guidance to private
capital investors interested in acquiring
the deposit liabilities, or both such
liabilities and assets, of failed insured
depository institutions regarding the
terms and conditions for such
investments or acquisitions.1 After
carefully reviewing and considering all
comments, the FDIC has adopted certain
revisions and clarifications to the
Proposed Policy Statement (as discussed
in Part III) in the Final Statement.
The FDIC is aware of the need for
additional capital in the banking system
and the contribution that private equity
capital could make to meeting this need
provided this contribution is consistent
with basic concepts applicable to the
ownership of insured depository
institutions that are contained in the
established banking laws and
regulations. The preamble to the
Proposed Policy Statement explained
[FR Doc. E9–21291 Filed 8–31–09; 4:15 pm]
1 74
BILLING CODE 6705–01–P
VerDate Nov<24>2008
16:56 Sep 01, 2009
Jkt 217001
PO 00000
FR 32931 (Jul. 9, 2009)
Frm 00029
Fmt 4703
Sfmt 4703
that in view of the increased number of
bank and thrift failures and the increase
in interest by private capital investors in
acquiring insured depository
institutions in receivership, the FDIC
determined to issue, in proposed form,
guidance to potential acquirers. In
developing the Proposed Policy
Statement, the FDIC sought to establish
the proper balance in a number of
important areas including the level of
capital required for these de novo
institutions and whether these owners
would be a source of strength to the
banks and thrifts in which they have
invested. The FDIC also considered the
important policy issues raised by the
structure of investments in insured
depository institutions, particularly
with respect to their compliance with
the requirements applied by the FDIC in
its decision on the granting of deposit
insurance and with the statutes and
regulations aimed at assuring the safety
and soundness of insured depository
institutions and protecting the Deposit
Insurance Fund (‘‘DIF’’).
In the Introduction to the Proposed
Policy Statement, the FDIC set forth its
reasons for adopting a policy on private
capital participating in the acquisition
of or investment in failed insured
depository institutions. In part, the
Introduction stated:
Capital investments by individuals and
limited liability companies acting through
holding companies operating within a well
developed prudential framework has long
been the dominant form of ownership of
insured depository institutions. From the
perspective of the FDIC’s interest as insurer
and supervisor of insured depository
institutions, this framework has included, in
particular, measures aimed at maintaining
well capitalized bank and thrift institutions,
support for these banks when they face
difficulties, and protections against insider
transactions. The ability of the owners to
provide financial support to depository
institutions with adequate capital and
management expertise are essential
safeguards. These safeguards are particularly
appropriate for owners of insured depository
institutions given the important benefits
conferred on depository institutions by
deposit insurance.
* * * The FDIC is also aware that new
banks, regardless of their investor
composition, pose an elevated risk to the
deposit insurance fund since they generally
lack a core base of business, a proven track
record in the banking industry, and are
vulnerable to significant losses in the early
years of incorporation.
The FDIC is of the view that private capital
participation in the acquisition of the deposit
liabilities, or both such liabilities and assets,
from a failed depository institution in
receivership should be consistent with the
foregoing basic elements of insured
depository institution ownership. * * *
E:\FR\FM\02SEN1.SGM
02SEN1
]]>Agencies
[Federal Register Volume 74, Number 169 (Wednesday, September 2, 2009)]
[Notices]
[Pages 45438-45440]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-20801]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-8951-1]
Notice of a Project Waiver of Section 1605 (Buy American
Requirement) of the American Recovery and Reinvestment Act of 2009
(ARRA) to the Utah Division of Wildlife Resources (UDWR)
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 of a satisfactory quality] to the UDWR for the purchase of
coconut fiber (coir) woven mats. This is a project-specific waiver and
only applies to the use of the specified product for the ARRA funded
project being proposed. Any other ARRA project that may wish to use the
same product must apply for a separate waiver based on project-specific
circumstances. These coconut fiber woven mats, which are supplied by
Geo Dynamics in Ogden, UT, are manufactured in India and Sri Lanka, and
meet the UDWR's performance specifications and requirements. The Acting
Regional Administrator is making this determination based on the review
and recommendations of EPA Region 8's Technical & Financial Services
Unit. The UDWR 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
coconut fiber woven mats for the Strawberry River Restoration Project
being implemented by the UDWR that may otherwise be prohibited under
Section 1605(a) of the ARRA.
DATES: Effective Date: July 25, 2009.
[[Page 45439]]
FOR FURTHER INFORMATION CONTACT: Jody Ostendorf, ARRA Coordinator,
(303) 312-7814, or Brian Friel, SRF Coordinator, (303) 312-6277,
Technical & Financial Services Unit, Water Program, Office of
Partnerships & Regulatory Assistance, U.S. EPA Region 8, 1595 Wynkoop
St., Denver, CO 80202.
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 UDWR for
the acquisition of coconut fiber woven mats which are manufactured in
India and Sri Lanka.
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, or unless a waiver is provided to the recipient by the
head of the appropriate agency, here EPA. A waiver may be provided if
EPA determines that (1) applying these requirements would be
inconsistent with the 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.
This manufactured good will be used as part of the ``Strawberry
River Restoration Project,'' a stream stabilization project in Utah.
The UDWR states that only coconut fiber woven mats meet the specific
needs of this project, which are durability, mat size and
biodegradability. They indicate that the key characteristics that set
coconut fiber woven mats apart from other alternatives are a 4-5 year
in-stream life expectancy followed by 100% biodegradation, and visually
unobtrusive properties. UDWR states that coconut fibers are more
durable than straw and other materials used in alternative mat
products, and they do not require the incorporation of polypropylene
and/or other synthetic products that are not 100% biodegradable.
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 OMB ARRA Buy American Guidance cites the Federal Acquisition
Regulation (FAR) as an appropriate reference for availability waiver
inquiries. Specifically, the OMB Guidance at section 176.80(a)(1)
states (at 77 FR 18452) that ``The determinations of nonavailability of
the articles listed at 48 CFR 25.104(a) and the procedures at 48 CFR
25.103(b)(1) also apply if any of those articles are manufactured goods
needed in the project. The FAR's list of nonavailable articles includes
``Fibers of the following types: * * * coir,'' thereby establishing a
presumption of lack of U.S. availability. The FAR procedures at 48 CFR
25.103(b)(1) specified as required in the OMB Guidance state that:
(1)(i) A nonavailability determination has been made for the
articles listed in 25.104. This determination does not necessarily
mean that there is no domestic source for the listed items, but that
domestic sources can only meet 50 percent or less of total U.S.
government and nongovernment demand. (ii) Before acquisition of an
article on the list, the procuring agency is responsible to conduct
market research appropriate to the circumstances, including seeking
of domestic sources.
The applicant met the procedures specified for the availability
inquiry as appropriate to the circumstances by conducting on-line
research and contacting suppliers, and all sources indicated that
coconut fiber woven mats are only manufactured outside of the U.S.
Therefore, based on the information provided to EPA and to the best of
our knowledge at this time, coconut fiber woven mats are not
manufactured in the United States, and no other U.S. manufactured
product can meet UDWR's performance specifications and requirements.
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 agencies such as UDWR 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 ARRA State Revolving Fund assistance
would result in unreasonable delay and thus displace the ``shovel
ready'' status for this project. To further delay project
implementation is in direct conflict with a fundamental economic
purpose of the ARRA, which is to create or retain jobs.
EPA's national contractor prepared a technical assessment report
dated July 21, 2009 based on the submitted waiver request. 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 there are no comparable
domestic products that can meet the specific durability, size and
biodegradation needs of this project.
The Technical & Financial Services Unit has reviewed this waiver
request and has determined that the supporting documentation provided
by the UDWR is sufficient to meet the criteria listed under Section
1605(b) of the ARRA 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) of the ARRA. 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 UDWR's performance
specifications and requirements, 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 the 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 UDWR
is hereby granted a waiver from the Buy American requirements of
Section 1605(a) of Public Law 111-5 for the purchase of coconut fiber
woven mats using ARRA funds as specified in the UDWR's request of July
8, 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.
[[Page 45440]]
Dated: August 20, 2009.
Andrew M. Gaydosh,
Acting Regional Administrator, Region 8.
[FR Doc. E9-20801 Filed 9-1-09; 8:45 am]
BILLING CODE 6560-50-P
