Notice of a Regional Project Waiver of Section 1605 (Buy American) of the American Recovery and Reinvestment Act of 2009 (ARRA) to the North Conway, NH Water Precinct, 69093-69095 [E9-31045]
Download as PDF
<![CDATA[
mstockstill on DSKH9S0YB1PROD with NOTICES
Federal Register / Vol. 74, No. 249 / Wednesday, December 30, 2009 / Notices
Regulatory Commission and has been
granted a Small Conduit Exemption
from Licensing. The MWRA is receiving
Massachusetts State Drinking Water
Revolving funds, as well as a
construction grant from the
Massachusetts Technology
Collaborative. Design plans and
specifications have been completed and
include the ARRA’s Buy American
terms. The estimated total cost of the
proposed construction project is $1.8M.
The MWRA is requesting a waiver for
a foreign manufactured hydroelectric
generator to generate electrical power
from the available hydraulic potential
energy in the MWRA’s drinking water
transmission system. It is estimated that
the hydroelectric generator will account
for approximately 15% of the entire
project construction cost of $1.8M. The
MWRA has researched foreign and
domestic manufacturers of hydroelectric
generators and has determined that
domestic manufacturers are not able to
manufacture a hydroelectric turbine
generator that meets the capacity
requirements as specified for the
proposed project. The waiver request
has been submitted prior to the
MWRA’s bid solicitation. Any bid
proposals are not expected to include
any domestic manufacturers based on
the research conducted and
documentation provided by the MWRA.
The project specifications and other
supporting documentation state that the
hydroelectric generator must produce
200 kilowatts, 250 kVA of 3 phase
electrical energy at 60 Hz from an
available head at the turbine inlet of 70
to 75 feet and an average daily flow of
20 million gallons of water per day. The
project design and specifications require
that the hydraulic turbine and
hydroelectric generator be installed
within the confines of the facility’s
existing pressure reducing valve station
vault/chamber.
An evaluation of all of the submitted
documentation by EPA’s technical
review team supports and confirms the
MWRA’s claim that there are currently
no domestic manufacturers that can
provide a suitable hydroelectric
generator to meet project specifications.
The consulting engineer for the MWRA
identified four domestic manufacturers
in the United States. None of the four
companies manufacture generators
smaller than 500 kilowatts in size, with
the project specifications requiring 200
kilowatts in size. The supporting
information for this proposed project
also includes contacts with hydro
turbine manufacturers who work with
generator manufacturers, internet
research conducted at sales websites,
telephone calls, and e-mail
VerDate Nov<24>2008
19:01 Dec 29, 2009
Jkt 220001
correspondence with generator
manufacturers and visits to their
websites. An independent review of the
submitted documentation by EPA’s
national contractor confirmed this
evidence.
The supporting documentation (i.e.
results of research and communications
with manufacturers of hydroelectric
turbine generators) and independent
research and communication with
selected manufacturers of hydroelectric
turbine generator technology conducted
by EPA’s national contractor
demonstrate that U.S. manufacturers do
not currently produce hydroelectric
turbine generators capable of generating
the requisite power output and having
the physical dimensions required for
installation in the utility’s existing
pressure reducing station valve vault/
chamber located at the Loring Road
facility in Weston, MA. In addition, the
evaluation of the supporting
documentation also demonstrates that
foreign manufactured hydroelectric
generators are available and will be able
to meet the proposed project design and
specifications.
Furthermore, the purpose of the
ARRA is to stimulate economic recovery
by funding current infrastructure
construction, not to delay or curtail
entirely projects that are ‘‘shovel ready’’
by requiring potential SRF eligible
recipients, such as the MWRA, to revise
their design standards and
specifications. The imposition of ARRA
Buy American requirements in this case
would not be workable within the
absolute constraints and dimensions of
the project within the existing facility.
To curtail entirely this construction
would directly conflict with a
fundamental economic purpose of
ARRA, which is to create or retain jobs.
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’ ’’
(‘‘Memorandum’’), 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 same Memorandum
defines ‘‘satisfactory quality’’ as ‘‘the
quality of steel, iron or manufactured
good specified in the project plans and
designs.’’
The Municipal Assistance Unit (CMU)
has reviewed this waiver request and
has determined that the supporting
documentation provided by the MWRA
establishes both a proper basis to
specify a particular manufactured good,
PO 00000
Frm 00033
Fmt 4703
Sfmt 4703
69093
and that the domestic manufactured
good that is currently available does not
meet the design specifications for the
proposed project. The information
provided is sufficient to meet the
following criteria listed under Section
1605(b) of the ARRA and in the April
28, 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 March 31, 2009 Delegation of
Authority Memorandum provided
Regional Administrators with the
temporary 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 MWRA is hereby granted a waiver
from the Buy American requirements of
Section 1605(a) of Public Law 111–5.
This waiver permits use of ARRA funds
for the purchase of a non-domestic
manufactured hydroelectric generator
documented in MWRA’s waiver request
submittal dated October 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: December 16, 2009.
H. Curtis Spalding,
Regional Administrator, EPA Region 1—New
England.
[FR Doc. E9–31048 Filed 12–29–09; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–9098–1]
Notice of a Regional Project Waiver of
Section 1605 (Buy American) of the
American Recovery and Reinvestment
Act of 2009 (ARRA) to the North
Conway, NH Water Precinct
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Notice.
SUMMARY: The EPA is hereby granting a
waiver of the Buy America 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
E:\FR\FM\30DEN1.SGM
30DEN1
mstockstill on DSKH9S0YB1PROD with NOTICES
69094
Federal Register / Vol. 74, No. 249 / Wednesday, December 30, 2009 / Notices
satisfactory quality] to the North
Conway, New Hampshire Water
Precinct (NCWP) for the purchase of two
SB615 Series Boilers manufactured by
Bosch Thermotechnology of Germany.
This is a project specific waiver and
only applies to the use of the specified
product for the ARRA project being
proposed. Any other ARRA recipient
that wishes to use the same product
must apply for a separate waiver based
on project specific circumstances. Based
upon information submitted by the
NCWP and its consulting engineer, it
has been determined that there are
currently no domestic manufacturers
available to meet its proposed project
design and performance specifications.
The Regional Administrator is making
this determination based on the review
and recommendations of the Municipal
Assistance Unit. 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 two foreign
manufactured high efficiency boilers by
the NCWP, as documented in its
November 4, 2009 request.
DATES: Effective Date: December 16,
2009.
FOR FURTHER INFORMATION CONTACT:
David Chin, Environmental Engineer,
(617) 918–1764, or Katie Connors,
Environmental Engineer, (617) 918–
1658, Municipal Assistance Unit (CMU),
Office of Ecosystem Protection (OEP),
U.S. EPA, 5 Post Office Square, Suite
100, Boston, MA 02109–3912.
SUPPLEMENTARY INFORMATION: In
accordance with ARRA Section 1605(c),
the EPA hereby provides notice that it
is granting a project waiver of the
requirements of Section 1605(b)(2) of
Public Law 111–5, Buy American
requirements, to the North Conway, NH
Water Precinct (NCWP) for the purchase
of two SB615 Series Boilers
manufactured by Bosch
Thermotechnology of Germany. The
boiler is manufactured under the brand
name of Buderus, whose headquarters
in the United States is located in
Londonderry, NH. By incorporating
high efficiency boilers into the design of
the facility’s proposed alternative
energy project, it is estimated that 2,750
gallons of oil will be saved per year to
heat the various buildings at the
wastewater treatment facility. The
estimated cost for each boiler is $35,000.
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 a public works project
VerDate Nov<24>2008
19:01 Dec 29, 2009
Jkt 220001
unless all of the iron, steel, and
manufactured goods used in the project
is produced in the United States, or
unless a waiver is provided to the
recipient by the head of the appropriate
agency, here the 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.
The NCWP is proposing a two phase
Alternative Energy project. Phase I
involves the installation of solar panels
that will augment the power supplied to
the wastewater treatment plant and
decrease the draw on the electrical grid.
Phase II is a $1M construction project
that will include the installation of
geothermal wells that will supply
groundwater to the facility’s HVAC
system. The constant temperature water
will reduce the energy needed to heat
and cool the various buildings of the
entire wastewater treatment facility. In
order to maximize the energy
conserving potential, the NCWP has
determined that it will also install new
high efficiency boilers as part of the
Phase II project. The existing boilers at
the wastewater treatment facility are 14
years old, one of which is cracked, and
several boiler plate sections need to be
replaced. These boilers have an
estimated rated 84.8% combustion
efficiency and 83.6% thermal efficiency.
The NCWP is proposing to replace these
existing boilers and achieve a minimum
5% increase in efficiency given that the
technology currently exists to provide
this energy savings.
The design specifications for the
proposed project require the following:
A condensing oil fired boiler; rated
combustion and thermal efficiencies
exceeding 90%; performance of the
boiler certified by the Air Conditioning,
Heating, and Refrigeration Institute; and
capacity in the range of 1.6 to 2.0
million BTU/hour.
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’ ’’
(‘‘Memorandum’’), 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
PO 00000
Frm 00034
Fmt 4703
Sfmt 4703
specified in the project plans and
design.’’ The same Memorandum
defines ‘‘satisfactory quality’’ as ‘‘the
quality of steel, iron or manufactured
good specified in the project plans and
designs.’’
Based on our review, it has been
determined that the supporting
documentation provided by the NCWP
establishes both a proper basis to
specify a particular manufactured good,
and that no domestic manufactured
good is currently available to meet the
design and performance specifications
for the proposed project. An evaluation
of all of the submitted documentation
by EPA’s technical review team
confirms the NCWP’s claim that there
are currently no domestic manufacturers
of commercial grade condensing oil
fired boilers with rated combustion and
thermal efficiencies greater than 90%.
The foreign manufactured boiler that
has been identified has a rated
combustion efficiency of 95.2% and a
thermal efficiency of 92.6%. The
information provided is sufficient to
meet the criteria necessary for a waiver
of the Buy American provision listed
under Section 1605(b)(2) of the ARRA
and in the ‘‘American Recovery and
Reinvestment Act of 2009’’ April 28,
2009 Memorandum: Iron, Steel, and
manufactured goods are not produced in
the United States in sufficient and
reasonably available quantities and of a
satisfactory quality.
Furthermore, the purpose of the
ARRA is to stimulate economic recovery
by funding current infrastructure
construction, not to delay projects that
are ‘‘shovel ready’’ by requiring
potential SRF eligible recipients, such
as the NCWP, to revise their design
standards and specifications. The
imposition of ARRA Buy American
requirements in this case would result
in unreasonable delay for this project.
To delay this construction would
directly conflict with a fundamental
economic purpose of ARRA, which is to
create or retain jobs.
The March 31, 2009 Delegation of
Authority Memorandum provided
Regional Administrators with the
temporary 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 NCWP is hereby granted a waiver
from the Buy American requirements of
Section 1605(a) of Public Law 111–5.
This waiver permits use of ARRA funds
E:\FR\FM\30DEN1.SGM
30DEN1
Federal Register / Vol. 74, No. 249 / Wednesday, December 30, 2009 / Notices
for the purchase of two foreign
manufactured high efficiency boilers as
noted in the NCWP’s waiver request
submittal dated November 4, 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: December 16, 2009.
H. Curtis Spalding,
Regional Administrator, EPA Region 1—New
England.
[FR Doc. E9–31045 Filed 12–29–09; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION.
Notice of Public Information Collection
Being Reviewed by the Federal
Communications Commission,
Comments Requested
mstockstill on DSKH9S0YB1PROD with NOTICES
12/22/2009.
SUMMARY: The Federal Communications
Commission, as part of its continuing
effort to reduce paperwork burden
invites the general public and other
Federal agencies to take this
opportunity to comment on the
following information collection(s), as
required by the Paperwork Reduction
Act of 1995, 44 U.S.C. 3501–3520. An
agency may not conduct or sponsor a
collection of information unless it
displays a currently valid control
number. No person shall be subject to
any penalty for failing to comply with
a collection of information subject to the
Paperwork Reduction Act (PRA) that
does not display a valid control number.
Comments are requested concerning (a)
whether the proposed collection of
information is necessary for the proper
performance of the functions of the
Commission, including whether the
information shall have practical utility;
(b) the accuracy of the Commission’s
burden estimate; (c) ways to enhance
the quality, utility, and clarity of the
information collected; and (d) ways to
minimize the burden of the collection of
information on the respondents,
including the use of automated
collection techniques or other forms of
information technology and (e) ways to
further reduce the information burden
for small business concerns with fewer
than 25 employees.
The FCC may not conduct or sponsor
a collection of information unless it
displays a currently valid control
number. No person shall be subject to
any penalty for failing to comply with
a collection of information subject to the
VerDate Nov<24>2008
19:01 Dec 29, 2009
Jkt 220001
Paperwork Reduction Act (PRA) that
does not display a valid control number.
DATES: Persons wishing to comments on
this information collection should
submit comments by March 1, 2010. If
you anticipate that you will be
submitting comments, but find it
difficult to do so within the period of
time allowed by this notice, you should
advise the contact listed below as soon
as possible.
ADDRESSES: Direct all PRA comments to
Nicholas A. Fraser, Office of
Management and Budget (OMB), via fax
at (202) 395–5167, or via the Internet at
Nicholas_A._Fraser@omb.eop.gov and
to Cathy Williams, Federal
Communications Commission (FCC),
445 12th Street, SW, Washington, DC
20554. To submit your comments by e–
mail send them to: PRA@fcc.gov.
FOR FURTHER INFORMATION CONTACT: For
additional information about the
information collection send an e–mail to
PRA@fcc.gov or contact Cathy Williams
on (202) 418–2918.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 3060–0748.
Title: Section 64.104, 64.1509,
64.1510, Pay–Per–Call and Other
Information Services.
Form Number: Not Applicable.
Type of Review: Revision of a
currently approved collection.
Respondents: Business or other for–
profit entities.
Number of Respondents and
Responses: 5,125 respondents; 5,175
responses.
Estimated Time per Response: 2 to 50
hours.
Frequency of Response: Annual and
on occasion reporting requirements;
Third party disclosure; Recordkeeping
requirement.
Total Annual Burden: 47,750.
Total Annual Cost: $0.
Obligation to Respond: Required to
obtain or retain benefits. The statutory
authority(s) for the
information collection are found at 47
U.S.C. 228(c)(7) – (10); Pub. L. No. 192–
556, 106 stat. 4181 (1992), codified at 47
U.S.C. 228 (The Telephone and Dispute
Resolution Act of 1992).
Nature and Extent of Confidentiality:
An assurance of confidentiality is not
offered because this information
collection does not require the
collection of personally identifiable
information from individuals.
Privacy Impact Assessment: No
impact(s).
Needs and Uses: 47 CFR 64.1504 of
the Commission’s rules incorporates the
requirements of Sections 228(c)(7)–(10)
of the Communications Act restricting
the manner in which toll–free numbers
PO 00000
Frm 00035
Fmt 4703
Sfmt 4703
69095
may be used to charge telephone
subscribers for information services.
Common carriers may not charge a
calling party for information conveyed
on a toll–free number call, unless the
calling party: (1) has executed a written
agreement that specifies the material
terms and conditions under which the
information is provided, or (2) pays for
the information by means of a prepaid
account, credit, debit, charge, or calling
card and the information service
provider gives the calling party an
introductory message disclosing the cost
and other terms and conditions for the
service. The disclosure requirements are
intended to ensure that consumers
know when charges will be levied for
calls to toll–free numbers and are able
to obtain information necessary to make
informed choices about whether to
purchase toll–free information services.
47 CFR 64.1509 of the Commission
rules incorporates the requirements of
47 U.S.C. (c)(2) and 228 (d)(2)–(3) of the
Communications Act. Common carriers
that assign telephone numbers to pay–
per–call services must disclose to all
interested parties, upon request, a list of
all assigned pay–per–call numbers. For
each assigned number, carriers must
also make available: (1) a description of
the pay–per–call services; (2) the total
cost per minute or other fees associated
with the service; and (3) the service
provider’s name, business address, and
telephone number. In addition, carriers
handling pay–per–call services must
establish a toll–free number that
consumers may call to receive
information about pay–per–call
services. Finally, the Commission
requires carriers to provide statements
of pay–per–call rights and
responsibilities to new telephone
subscribers at the time service is
established and, although not required
by statute, to all subscribers annually.
Under 47 CFR 64.1510 of the
Commission’s rules, telephone bills
containing charges for interstate pay–
per–call and other information services
must include information detailing
consumers’ rights and responsibilities
with respect to these charges.
Specifically, telephone bills carrying
pay–per–call charges must include a
consumer notification stating that: (1)
the charges are for non–communication
services; (2) local and long distance
telephone services may not be
disconnected for failure to pay per–call
charges; (3) pay–per–call (900 number)
blocking is available upon request; and
(4) access to pay–per–call services may
be involuntarily blocked for failure to
pay per–call charges. In addition, each
call billed must show the type of
services, the amount of the charge, and
E:\FR\FM\30DEN1.SGM
30DEN1
]]>Agencies
[Federal Register Volume 74, Number 249 (Wednesday, December 30, 2009)]
[Notices]
[Pages 69093-69095]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-31045]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-9098-1]
Notice of a Regional Project Waiver of Section 1605 (Buy
American) of the American Recovery and Reinvestment Act of 2009 (ARRA)
to the North Conway, NH Water Precinct
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The EPA is hereby granting a waiver of the Buy America
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
[[Page 69094]]
satisfactory quality] to the North Conway, New Hampshire Water Precinct
(NCWP) for the purchase of two SB615 Series Boilers manufactured by
Bosch Thermotechnology of Germany. This is a project specific waiver
and only applies to the use of the specified product for the ARRA
project being proposed. Any other ARRA recipient that wishes to use the
same product must apply for a separate waiver based on project specific
circumstances. Based upon information submitted by the NCWP and its
consulting engineer, it has been determined that there are currently no
domestic manufacturers available to meet its proposed project design
and performance specifications. The Regional Administrator is making
this determination based on the review and recommendations of the
Municipal Assistance Unit. 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 two foreign manufactured high efficiency boilers by the
NCWP, as documented in its November 4, 2009 request.
DATES: Effective Date: December 16, 2009.
FOR FURTHER INFORMATION CONTACT: David Chin, Environmental Engineer,
(617) 918-1764, or Katie Connors, Environmental Engineer, (617) 918-
1658, Municipal Assistance Unit (CMU), Office of Ecosystem Protection
(OEP), U.S. EPA, 5 Post Office Square, Suite 100, Boston, MA 02109-
3912.
SUPPLEMENTARY INFORMATION: In accordance with ARRA Section 1605(c), the
EPA hereby provides notice that it is granting a project waiver of the
requirements of Section 1605(b)(2) of Public Law 111-5, Buy American
requirements, to the North Conway, NH Water Precinct (NCWP) for the
purchase of two SB615 Series Boilers manufactured by Bosch
Thermotechnology of Germany. The boiler is manufactured under the brand
name of Buderus, whose headquarters in the United States is located in
Londonderry, NH. By incorporating high efficiency boilers into the
design of the facility's proposed alternative energy project, it is
estimated that 2,750 gallons of oil will be saved per year to heat the
various buildings at the wastewater treatment facility. The estimated
cost for each boiler is $35,000.
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 a public works project unless all of the
iron, steel, and manufactured goods used in the project is produced in
the United States, or unless a waiver is provided to the recipient by
the head of the appropriate agency, here the 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.
The NCWP is proposing a two phase Alternative Energy project. Phase
I involves the installation of solar panels that will augment the power
supplied to the wastewater treatment plant and decrease the draw on the
electrical grid. Phase II is a $1M construction project that will
include the installation of geothermal wells that will supply
groundwater to the facility's HVAC system. The constant temperature
water will reduce the energy needed to heat and cool the various
buildings of the entire wastewater treatment facility. In order to
maximize the energy conserving potential, the NCWP has determined that
it will also install new high efficiency boilers as part of the Phase
II project. The existing boilers at the wastewater treatment facility
are 14 years old, one of which is cracked, and several boiler plate
sections need to be replaced. These boilers have an estimated rated
84.8% combustion efficiency and 83.6% thermal efficiency. The NCWP is
proposing to replace these existing boilers and achieve a minimum 5%
increase in efficiency given that the technology currently exists to
provide this energy savings.
The design specifications for the proposed project require the
following: A condensing oil fired boiler; rated combustion and thermal
efficiencies exceeding 90%; performance of the boiler certified by the
Air Conditioning, Heating, and Refrigeration Institute; and capacity in
the range of 1.6 to 2.0 million BTU/hour.
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' '' (``Memorandum''), 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 same Memorandum defines
``satisfactory quality'' as ``the quality of steel, iron or
manufactured good specified in the project plans and designs.''
Based on our review, it has been determined that the supporting
documentation provided by the NCWP establishes both a proper basis to
specify a particular manufactured good, and that no domestic
manufactured good is currently available to meet the design and
performance specifications for the proposed project. An evaluation of
all of the submitted documentation by EPA's technical review team
confirms the NCWP's claim that there are currently no domestic
manufacturers of commercial grade condensing oil fired boilers with
rated combustion and thermal efficiencies greater than 90%. The foreign
manufactured boiler that has been identified has a rated combustion
efficiency of 95.2% and a thermal efficiency of 92.6%. The information
provided is sufficient to meet the criteria necessary for a waiver of
the Buy American provision listed under Section 1605(b)(2) of the ARRA
and in the ``American Recovery and Reinvestment Act of 2009'' April 28,
2009 Memorandum: Iron, Steel, and manufactured goods are not produced
in the United States in sufficient and reasonably available quantities
and of a satisfactory quality.
Furthermore, the purpose of the ARRA is to stimulate economic
recovery by funding current infrastructure construction, not to delay
projects that are ``shovel ready'' by requiring potential SRF eligible
recipients, such as the NCWP, to revise their design standards and
specifications. The imposition of ARRA Buy American requirements in
this case would result in unreasonable delay for this project. To delay
this construction would directly conflict with a fundamental economic
purpose of ARRA, which is to create or retain jobs.
The March 31, 2009 Delegation of Authority Memorandum provided
Regional Administrators with the temporary 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 NCWP is hereby
granted a waiver from the Buy American requirements of Section 1605(a)
of Public Law 111-5. This waiver permits use of ARRA funds
[[Page 69095]]
for the purchase of two foreign manufactured high efficiency boilers as
noted in the NCWP's waiver request submittal dated November 4, 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: December 16, 2009.
H. Curtis Spalding,
Regional Administrator, EPA Region 1--New England.
[FR Doc. E9-31045 Filed 12-29-09; 8:45 am]
BILLING CODE 6560-50-P
