Notice of a Project Waiver of Section 1605 (Buy American Requirement) of the American Recovery and Reinvestment Act of 2009 (ARRA) to the Kennebec Water District in Waterville, ME, 46770-46772 [E9-21940]
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EIS No. 20090282, ERP No. F–FRC–
D05126–VA, Smith Mountain
Pumped Storage Project (FERC No.
2210–169). Application for
Hydropower License to continue
Operating the 636-megawatt Pumped
Storage Project, Roanoke River, Smith
Mountain Pumped Storage Project
(FERC No. 2210–169). Application for
Hydropower License to continue
Operating the 636-megawatt Pumped
Storage Project, Roanoke River,
Bedford, Campbell, Franklin, and
Pittsylvania Counties, VA
Summary: EPA expressed
environmental concerns about water
temperature, aquatic life and wetland
impacts. EPA requested additional
information on avoidance,
minimization, and mitigation measures
for the above impacts.
EIS No. 20090293, ERP No. F–NPS–
D61062–PA, White-Tailed Deer
Management Plan, Development of a
Deer Management Strategy that
Supports Protection, Preservation,
and Restoration of Native Vegetation,
Implementation, Valley Forge
National Historical Park, Chester and
Montgomery Counties, PA
Summary: EPA does not object to the
proposed project.
EIS No. 20090261, ERP No. FS–GSA–
D81027–MD, U.S. Food and Drug
Administration (FDA) Headquarters
Consolidation, Master Plan Update,
Federal Research Center at White Oak,
Silver Spring, Montgomery County,
MD
Summary: EPA’s previous concerns
have been resolved; therefore, EPA does
not object to the proposed action.
Dated: September 8, 2009.
Kenneth Mittelholtz,
Deputy Director, NEPA Compliance Division,
Office of Federal Activities.
[FR Doc. E9–21943 Filed 9–10–09; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[ER–FRL–8597–2]
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Environmental Impact Statements;
Notice of Availability
Responsible Agency: Office of Federal
Activities, General Information (202)
564–1399 or https://www.epa.gov/
compliance/nepa/
Weekly receipt of Environmental Impact
Statements
Filed 08/31/2009 Through 09/04/2009
Pursuant to 40 CFR 1506.9
EIS No. 20090310, Draft Supplement,
AFS, ID, Small-Scale Suction
VerDate Nov<24>2008
15:23 Sep 10, 2009
Jkt 217001
Dredging in Lolo Creek and Moose
Creek Project, Updated Information to
Analysis Three Alternatives,
Clearwater National Forest, North
Fork Ranger District, Clearwater and
Idaho Counties, ID, Comment Period
Ends: 10/26/2009, Contact: Doug
Gober 208–476–4541
EIS No. 20090311, Final EIS, USN, WA,
Naval Base Kitsap—Bangor, Construct
and Operate a Swimmer Interdiction
Security System (SISS), Silverdale
Kitsap County, WA, Wait Period Ends:
10/13/2009, Contact: Shannon Kasa
619–53–3889
EIS No. 20090312, Draft EIS, COE, OH,
Cleveland Harbor Dredged Material
Management Plan, Operations and
Maintenance, Cuyahoga County, OH,
Comment Period Ends: 10/26/2009,
Contact: Frank O’Connor 716–879–
4131
EIS No. 20090313, Draft EIS, AFS, CA,
Freds Fire Reforestation Project,
Implementation, EL Dorado National
Forest, Placerville and Pacific Ranger
Districts, El Dorado County, CA,
Comment Period Ends: 10/26/2009,
Contact: Robert Carroll 530–647–5386
EIS No. 20090314, Draft EIS, FHW, IL,
TIER 1—Elgin O’Hare—West Bypass
Study, To Identify Multimodal
Transportation Solutions, Cook and
DuPage Counties, IL, Comment Period
Ends: 10/26/2009, Contact: Matt
Fuller 217–492–4625
EIS No. 20090315, Draft EIS, FTA, CA,
Crenshaw Transit Corridor Project,
Proposes to Improve Transit Services,
Funding, Los Angeles County
Metropolitan Transportation
Authority (LACMTA), Los Angeles
County, CA, Comment Period Ends:
10/26/2009, Contact: Roderick Diaz
213–922–3018
EIS No. 20090316, Final EIS, FTA, 00,
PROGRAMMATIC—Streamlining the
Processing of Experimental Permit
Applications, Issuing Experimental
Permits for the Launch and Reentry of
Useable Suborbital Rockets, Wait
Period Ends: 10/13/2009, Contact:
Daniel Czelusniak 202–267–5924
EIS No. 20090317, Draft EIS, USA, VA,
Fort Monroe US Army Garrison Base
Realignment and Closure (BRAC)
2005 Disposal and Reuse of Surplus
Nonreverting Property, Fort Monroe,
VA, Comment Period Ends: 10/26/
2009, Contact: Bob Ross 703–602–
2878
EIS No. 20090318, Draft EIS, USA, WA,
Fort Lewis Army Growth and Force
Structures Realignment,
Implementation, Fort Monroe and
Yakima Training Center, Kittitas,
Pierce, Thurston and Yakima
Counties, WA, Comment Period Ends:
PO 00000
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10/26/2009, Contact: B. Van Hoesen
253–966–1780
EIS No. 20090319, Final EIS, USA, AK,
U.S. Army Alaska (USARAK) Project,
Proposes the Stationing and Training
of Increased Aviation Assets, Fort
Wainwright, Fairbank, AK, Wait
Period Ends: 10/13/2009, Contact:
Jennifer Shore 703–602–4238
Amended Notices
EIS No. 20090304, Final EIS, AFS, 00,
Inyo National Forest Motorized Travel
Management Project, Implementation,
Inyo, Mono, Fresno, Madera and
Tulare Counties, CA and Mineral and
Esmeralda Counties, NV, Wait Period
Ends: 10/05/2009, Contact: Susan
Joyce 760–873–2516
Revision to FR Notice Published 09/04/
2009: Correction to Counties and
States
EIS No. 20090309, Final EIS, FTA, MO,
East Corridor Project, Proposes
Commuter Rail Transit from
downtown Denver to International
Airport (DIA), Denver, Adams,
Arapahoe, Jefferson and Douglas
Counties, CO, Wait Period Ends: 10/
05/2009, Contact: David Beckhouse
720–963–3306
Revision to FR Notice Published 09/04/
2009: Correction to Title and Federal
Agency.
Dated: September 8, 2009.
Ken Mittelholtz,
Deputy Director, NEPA Compliance Division,
Office of Federal Activities.
[FR Doc. E9–21944 Filed 9–10–09; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–8956–1]
Notice of a Project Waiver of Section
1605 (Buy American Requirement) of
the American Recovery and
Reinvestment Act of 2009 (ARRA) to
the Kennebec Water District in
Waterville, ME
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 Kennebec Water District (KWD)
(also known as the ‘‘Water District’’) in
Waterville, Maine for the purchase of
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11SEN1
cprice-sewell on DSKGBLS3C1PROD with NOTICES
Federal Register / Vol. 74, No. 175 / Friday, September 11, 2009 / Notices
specific cast iron valve boxes. 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 projects that
may wish to use the same product must
apply for a separate waiver based on
project specific circumstances. These
valve boxes meet KWD’s technical
specifications and requirements,
reflecting the Water District’s operation
and maintenance experience with these
boxes which are currently manufactured
in Canada by the Bibby Foundry. The
Acting Regional Administrator is
making this determination based on the
review and recommendations of the
Municipal Assistance Unit. KWD has
provided sufficient documentation to
support its request. The Assistant
Administrator of the Office of
Administration and Resources
Management has concurred in this
decision to make an exception to
Section 1605 of ARRA. This action
permits the purchase of specific cast
iron valve boxes for the proposed
project being implemented by the Water
District that may otherwise be
prohibited under Section 1605(a) of the
ARRA.
DATES: Effective Date: September 2,
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 Kennebec Water District (KWD) in
Waterville, Maine for the acquisition of
specific cast iron valve boxes
manufactured in Canada by the Bibby
Foundry. 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
VerDate Nov<24>2008
15:23 Sep 10, 2009
Jkt 217001
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.
Some utilities in the Northeast United
States, including the KWD, have
standardized their design specifications
based on their operation and
maintenance experience to utilize a high
flange slide riser for valve boxes in their
collection and distribution systems. The
top section of the valve box is 36 inches
long and has its flange designed so that
the box is able to move up and down
with the pavement surface to deal with
the deeper frost cover in this area of
Maine.
After completion of the bid phase, the
contract supplier for the KWD was
unable to locate any domestic valve box
manufacturers with products that met
the proposed project specifications. The
KWD requires 22 valve boxes to
complete a proposed water main
replacement project. The cost of the 22
valve boxes is $2,901 and accounts for
approximately 3% of the total value of
the iron, steel, and manufactured goods
on the project. These non-domestic
valve boxes are eligible to be covered
under the national revised de minimis
waiver dated July 24, 2009. However,
since the estimated total cost of all nondomestic materials was greater than 5%
of the total cost for iron, steel, and
manufactured goods used and
incorporated in the proposed project,
the KWD requested a project waiver for
these specific valve boxes.
The 36-inch top section length valve
box, which the KWD is proposing to
use, works well for several reasons: (1)
The flange is high and locked into the
pavement so the top riser moves with
the pavement surface and prevents frost
from raising the box above the road
surface; (2) its longer length of 36″ keeps
it more aligned and straight, and is
better able to contend with the 6 foot
frost depth; (3) it has the top-flange box
support area that is more than double
that of the no-flange valve box top to
help minimize settlement and maintain
alignment; and (4) it will also support
greater traffic loads compared to a noflange valve box top, which will further
minimize settlement.
There are valve boxes manufactured
domestically. But based on the
information provided to EPA by the
KWD, the domestic manufacturers do
not have the necessary top section
length required. The KWD requires a top
section length of 36 inches based on its
past and current operations and
maintenance experience. Without the
necessary length in the top section,
PO 00000
Frm 00039
Fmt 4703
Sfmt 4703
46771
extensions would need to be connected
together or ‘‘stacked’’ on top of one
another. According to the KWD,
stacking extensions to provide length
beyond the standard 26-inch top section
available through domestic
manufacturers makes it difficult to keep
the box plumb in the long term. There
are three joints involved with stacking
extensions and when they get out of
alignment due to road settlement, it
becomes difficult to insert a long
handled ‘‘tee wrench’’ down into the
box over the operating nut to operate the
valve from ground level.
If a valve box cannot be opened, or if
the operating nut cannot be accessed to
operate the valve from the ground level,
it may require replacement of the entire
unit, resulting in additional costs to the
water utility that could have been
avoided. Over the past several years, the
KWD has been replacing many of the
older non-functioning valve boxes with
the newer valve boxes, which meet their
design specifications. The KWD has
standardized this practice in order to
simplify operation and maintenance and
to minimize unnecessary repair and
replacement costs in the future.
The April 28, 2009 EPA HQ
Memorandum, ‘‘Implementation of Buy
American provisions of P.L. 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 the information
provided to EPA and to the best of our
knowledge at this time, there do not
appear to be other cast iron valve boxes
with the top flange manufactured in the
United States available to meet the
Water District’s exact technical
specifications and requirements. The
Water District has established a proper
basis to specify the required cast iron
valve boxes with the top flange and
established that this manufactured good
was not available from a domestic
producer.
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 KWD 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
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46772
Federal Register / Vol. 74, No. 175 / Friday, September 11, 2009 / Notices
delay construction 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 for the
Kennebec Water District dated June 25,
2009 on the waiver request submitted.
The report for the KWD determined that
the waiver request submittal was
complete and that adequate technical
information was provided. The report
also confirmed the waiver applicant’s
claims that there were presently no
comparable cast iron valve boxes
manufactured domestically. The
technical review team found that
domestic manufacturers do produce cast
iron valve boxes, but could not identify
any that offered the top flange product
with the necessary top section length of
36 inches.
The Municipal Assistance Unit (CMU)
has reviewed this waiver request and
has determined that the supporting
documentation provided by the KWD 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,
‘‘Implementation of Buy American
provisions of P.L. 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 individual 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 Water
District’s technical 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 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 Kennebec
Water District is hereby granted a
waiver from the Buy American
requirements of Section 1605(a) of
Public Law 111–5 for the purchase of
specified cast iron valve boxes using
ARRA funds as specified in the Water
District’s requests of June 23, 2009. This
supplementary information constitutes
VerDate Nov<24>2008
17:59 Sep 10, 2009
Jkt 217001
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
Dated: September 2, 2009.
Ira W. Leighton,
Acting Regional Administrator, Region I, New
England.
[FR Doc. E9–21940 Filed 9–10–09; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL DEPOSIT INSURANCE
CORPORATION
Sunshine Act; Notice of Agency
Meeting
Pursuant to the provisions of the
‘‘Government in the Sunshine Act’’ (5
U.S.C. 552b), notice is hereby given that
at 10:11 a.m. on Wednesday, September
9, 2009, the Board of Directors of the
Federal Deposit Insurance Corporation
met in closed session to consider
matters related to the Corporation’s
supervision, corporate, and resolution
activities.
In calling the meeting, the Board
determined, on motion of Director John
C. Dugan (Comptroller of the Currency),
seconded by Director Thomas J. Curry
(Appointive), concurred in by Vice
Chairman Martin J. Gruenberg, Director
John E. Bowman (Acting Director, Office
of Thrift Supervision), and Chairman
Sheila C. Bair, that Corporation business
required its consideration of the matters
which were to be the subject of this
meeting on less than seven days’ notice
to the public; that no earlier notice of
the meeting was practicable; that the
public interest did not require
consideration of the matters in a
meeting open to public observation; and
that the matters could be considered in
a closed meeting by authority of
subsections (c)(2), (c)(4), (c)(6), (c)(8),
(c)(9)(A)(ii), (c)(9)(B) and (c)(10) of the
‘‘Government in the Sunshine Act’’ (5
U.S.C. 552b(c)(2), (c)(4), (c)(6), (c)(8),
(c)(9)(A)(ii), (c)(9)(B), and (c)(10)).
The meeting was held in the Board
Room of the FDIC Building located at
550 - 17th Street, NW., Washington, DC.
Dated: September 9, 2009.
Federal Deposit Insurance Corporation.
Robert E. Feldman,
Executive Secretary.
[FR Doc. E9–22071 Filed 9–9–09; 4:15 pm]
BILLING CODE P
PO 00000
Frm 00040
Fmt 4703
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DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Administration for Children and
Families
Submission for OMB Review;
Comment Request
Title: Title IV–E Foster Care Eligibility
Review and Child and Family Service
Reviews; Final Rule.
OMB No.: 0970–0214.
Description: The following five
separate activities are associated with
this information collection: Foster Care
Eligibility Review (FCER) Program
Improvement Plan; Child and Family
Services Reviews (CFSR) State agency
Statewide Assessment; CFSR On-site
Review; CFSR Program Improvement
Plan; and Anti-Discrimination
Enforcement Corrective Action Plan.
The collection of information for review
of Federal payments to States for foster
care maintenance payments (45 CFR
1356.71(i)) is authorized by title IV–E of
the Social Security Act (the Act), section
474 [42 U.S.C. 674]. The Foster Care
Eligibility Reviews (FCER) ensure that
States claim title IV–E funds only on
behalf of title IV–E eligible children.
The collection of information for review
of State child and family services
programs (45 CFR 1355.33(b), 1355.33(c)
and 1355.35(a)) is to determine whether
such programs are in substantial
conformity with State plan requirements
under parts B and E of the Act and is
authorized by section 1123(a) [42 U.S.C.
1320a–1a] of the Act. The CFSR looks at
the outcomes related to safety,
permanency and well-being of children
served by the child welfare system and
at seven systemic factors that support
the outcomes. Section 474(d) of the Act
[42 U.S.C. 674] deploys enforcement
provisions (45 CFR 1355.38(b) and (c))
for the requirements at section
4371(a)(18) [42 U.S.C. 671], which
prohibit the delay or denial of foster and
adoptive placements based on the race,
color, or national origin of any of the
individuals involved. The enforcement
provisions include the execution and
completion of corrective action plans
when a State is in violation of section
471(a)(18) of the Act. The information
collection is needed: (1) To ensure
compliance with title IV–E foster care
eligibility requirements; (2) to monitor
State plan requirements under titles IV–
B and IV–E of the Act, as required by
Federal statute; and (3) to enforce the
title IV–E anti-discrimination
requirements through State corrective
action plans. The resultant information
will allow ACF to determine if States
are in compliance with State plan
E:\FR\FM\11SEN1.SGM
11SEN1
]]>Agencies
[Federal Register Volume 74, Number 175 (Friday, September 11, 2009)]
[Notices]
[Pages 46770-46772]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-21940]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-8956-1]
Notice of a Project Waiver of Section 1605 (Buy American
Requirement) of the American Recovery and Reinvestment Act of 2009
(ARRA) to the Kennebec Water District in Waterville, ME
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 Kennebec Water District (KWD) (also known
as the ``Water District'') in Waterville, Maine for the purchase of
[[Page 46771]]
specific cast iron valve boxes. 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 projects that may wish to use
the same product must apply for a separate waiver based on project
specific circumstances. These valve boxes meet KWD's technical
specifications and requirements, reflecting the Water District's
operation and maintenance experience with these boxes which are
currently manufactured in Canada by the Bibby Foundry. The Acting
Regional Administrator is making this determination based on the review
and recommendations of the Municipal Assistance Unit. KWD has provided
sufficient documentation to support its request. The Assistant
Administrator of the Office of Administration and Resources Management
has concurred in this decision to make an exception to Section 1605 of
ARRA. This action permits the purchase of specific cast iron valve
boxes for the proposed project being implemented by the Water District
that may otherwise be prohibited under Section 1605(a) of the ARRA.
DATES: Effective Date: September 2, 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 Kennebec Water District (KWD) in Waterville, Maine for
the acquisition of specific cast iron valve boxes manufactured in
Canada by the Bibby Foundry. 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.
Some utilities in the Northeast United States, including the KWD,
have standardized their design specifications based on their operation
and maintenance experience to utilize a high flange slide riser for
valve boxes in their collection and distribution systems. The top
section of the valve box is 36 inches long and has its flange designed
so that the box is able to move up and down with the pavement surface
to deal with the deeper frost cover in this area of Maine.
After completion of the bid phase, the contract supplier for the
KWD was unable to locate any domestic valve box manufacturers with
products that met the proposed project specifications. The KWD requires
22 valve boxes to complete a proposed water main replacement project.
The cost of the 22 valve boxes is $2,901 and accounts for approximately
3% of the total value of the iron, steel, and manufactured goods on the
project. These non-domestic valve boxes are eligible to be covered
under the national revised de minimis waiver dated July 24, 2009.
However, since the estimated total cost of all non-domestic materials
was greater than 5% of the total cost for iron, steel, and manufactured
goods used and incorporated in the proposed project, the KWD requested
a project waiver for these specific valve boxes.
The 36-inch top section length valve box, which the KWD is
proposing to use, works well for several reasons: (1) The flange is
high and locked into the pavement so the top riser moves with the
pavement surface and prevents frost from raising the box above the road
surface; (2) its longer length of 36'' keeps it more aligned and
straight, and is better able to contend with the 6 foot frost depth;
(3) it has the top-flange box support area that is more than double
that of the no-flange valve box top to help minimize settlement and
maintain alignment; and (4) it will also support greater traffic loads
compared to a no-flange valve box top, which will further minimize
settlement.
There are valve boxes manufactured domestically. But based on the
information provided to EPA by the KWD, the domestic manufacturers do
not have the necessary top section length required. The KWD requires a
top section length of 36 inches based on its past and current
operations and maintenance experience. Without the necessary length in
the top section, extensions would need to be connected together or
``stacked'' on top of one another. According to the KWD, stacking
extensions to provide length beyond the standard 26-inch top section
available through domestic manufacturers makes it difficult to keep the
box plumb in the long term. There are three joints involved with
stacking extensions and when they get out of alignment due to road
settlement, it becomes difficult to insert a long handled ``tee
wrench'' down into the box over the operating nut to operate the valve
from ground level.
If a valve box cannot be opened, or if the operating nut cannot be
accessed to operate the valve from the ground level, it may require
replacement of the entire unit, resulting in additional costs to the
water utility that could have been avoided. Over the past several
years, the KWD has been replacing many of the older non-functioning
valve boxes with the newer valve boxes, which meet their design
specifications. The KWD has standardized this practice in order to
simplify operation and maintenance and to minimize unnecessary repair
and replacement costs in the future.
The April 28, 2009 EPA HQ Memorandum, ``Implementation of Buy
American provisions of P.L. 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 the information provided to EPA and to the best
of our knowledge at this time, there do not appear to be other cast
iron valve boxes with the top flange manufactured in the United States
available to meet the Water District's exact technical specifications
and requirements. The Water District has established a proper basis to
specify the required cast iron valve boxes with the top flange and
established that this manufactured good was not available from a
domestic producer.
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 KWD 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
[[Page 46772]]
delay construction 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
for the Kennebec Water District dated June 25, 2009 on the waiver
request submitted. The report for the KWD determined that the waiver
request submittal was complete and that adequate technical information
was provided. The report also confirmed the waiver applicant's claims
that there were presently no comparable cast iron valve boxes
manufactured domestically. The technical review team found that
domestic manufacturers do produce cast iron valve boxes, but could not
identify any that offered the top flange product with the necessary top
section length of 36 inches.
The Municipal Assistance Unit (CMU) has reviewed this waiver
request and has determined that the supporting documentation provided
by the KWD 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, ``Implementation of Buy American provisions of P.L. 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 individual 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 Water District's technical 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 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
Kennebec Water District is hereby granted a waiver from the Buy
American requirements of Section 1605(a) of Public Law 111-5 for the
purchase of specified cast iron valve boxes using ARRA funds as
specified in the Water District's requests of June 23, 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
Dated: September 2, 2009.
Ira W. Leighton,
Acting Regional Administrator, Region I, New England.
[FR Doc. E9-21940 Filed 9-10-09; 8:45 am]
BILLING CODE 6560-50-P
