Notice of a Regional Project Waiver of Section 1605 (Buy American) of the American Recovery and Reinvestment Act of 2009 (ARRA) to the Massachusetts Water Resources Authority (MWRA), 69092-69093 [E9-31048]
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69092
Federal Register / Vol. 74, No. 249 / Wednesday, December 30, 2009 / Notices
IV. Procedures for Withdrawal of
Request
Registrants who choose to withdraw a
request for cancellation must submit
such withdrawal in writing to the
person listed under FOR FURTHER
INFORMATION CONTACT, postmarked on or
before June 28, 2010. This written
withdrawal of the request for
cancellation will apply only to the
applicable FIFRA section 6(f)(1) request
listed in this notice. If the products have
been subject to a previous cancellation
action, the effective date of cancellation
and all other provisions of any earlier
cancellation action are controlling. The
withdrawal request must also include a
commitment to pay any reregistration
fees due, and to fulfill any applicable
unsatisfied data requirements.
mstockstill on DSKH9S0YB1PROD with NOTICES
V. Provisions for Disposition of Existing
Stocks
Dated: December 16, 2009.
Richard P. Keigwin, Jr.,
Director, Pesticide Re-evaluation Division,
Office of Pesticide Programs.
[FR Doc. E9–31002 Filed 12–29–09; 8:45 am]
BILLING CODE 6560–50–S
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–9097–9]
Notice of a Regional Project Waiver of
Section 1605 (Buy American) of the
American Recovery and Reinvestment
Act of 2009 (ARRA) to the
Massachusetts Water Resources
Authority (MWRA)
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Notice.
List of Subjects
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
satisfactory quality] to the
Massachusetts Water Resources
Authority (‘‘MWRA’’) for the purchase
of a foreign manufactured hydroelectric
generator for the Loring Road
Hydroelectric Project in Weston,
Massachusetts. 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 MWRA and its
consulting engineer, it has been
determined that there are currently no
domestic manufactured hydroelectric
generators available to meet its
proposed project 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 a foreign
manufactured hydroelectric generator
by the MWRA, as specified in its
October 23, 2009 request.
DATES: Effective Date: December 16,
2009.
Environmental protection, Pesticides
and pests.
FOR FURTHER INFORMATION CONTACT:
David Chin, Environmental Engineer,
Existing stocks are those stocks of
registered pesticide products which are
currently in the United States and
which were packaged, labeled, and
released for shipment prior to the
effective date of the cancellation action.
EPA’s existing stocks policy (56 FR
29362) provides that: ‘‘If a registrant
requests to voluntarily cancel a
registration where the Agency has
identified no particular risk concerns,
the registrant has complied with all
applicable conditions of reregistration,
conditional registration, and data call
ins, and the registration is not subject to
a Registration Standard, Label
Improvement Program, or reregistration
decision, the Agency will generally
permit a registrant to sell or distribute
existing stocks for 1 year after the
cancellation request was received.
Persons other than registrants will
generally be allowed to sell, distribute,
or use existing stocks until such stocks
are exhausted.’’
Upon cancellation of the pesticides
identified in Table 1, EPA anticipates
allowing sale, distribution and use as
described above. Exception to this
general policy will be made in specific
cases when more stringent restrictions
on sale, distribution, or use of the
products or their ingredients have
already been imposed, as in a special
review action, or where the Agency has
identified significant potential risk
concerns associated with a particular
chemical.
VerDate Nov<24>2008
19:01 Dec 29, 2009
Jkt 220001
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Frm 00032
Fmt 4703
Sfmt 4703
(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 MWRA for the
purchase of a non-domestic
manufactured hydroelectric generator to
meet the MWRA’s design and
performance specifications as part of its
proposed Loring Road Hydroelectric
Project in Weston, MA.
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 MWRA is proposing a renewable
energy project consisting of a hydraulic
turbine, a hydroelectric generator,
associated piping, and controls to be
located in an existing valve chamber
within the MWRA’s drinking water
transmission system at Loring Road in
Weston, MA. Currently, the MWRA is
reducing water pressure in a section of
the water transmission system to
properly serve certain areas of low
elevation within the City of Boston.
Pressure is dissipated across valves
located in the chamber on a continuous
process. Instead of losing this potential
energy, the MWRA plans to install a
hydraulic turbine and hydroelectric
generator to recover 1,200,000 kilowatt
hours (kWh) of electricity annually, an
amount that will meet MWRA’s on-site
electrical needs and allow excess
recovered energy to be delivered to the
regional electric grid.
The proposed project has been
reviewed by the Federal Energy
E:\FR\FM\30DEN1.SGM
30DEN1
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
Agencies
[Federal Register Volume 74, Number 249 (Wednesday, December 30, 2009)]
[Notices]
[Pages 69092-69093]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E9-31048]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-9097-9]
Notice of a Regional Project Waiver of Section 1605 (Buy
American) of the American Recovery and Reinvestment Act of 2009 (ARRA)
to the Massachusetts Water Resources Authority (MWRA)
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 satisfactory
quality] to the Massachusetts Water Resources Authority (``MWRA'') for
the purchase of a foreign manufactured hydroelectric generator for the
Loring Road Hydroelectric Project in Weston, Massachusetts. 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 MWRA and its consulting engineer, it has been
determined that there are currently no domestic manufactured
hydroelectric generators available to meet its proposed project 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 a foreign manufactured hydroelectric generator by the MWRA,
as specified in its October 23, 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 MWRA for the purchase of a non-domestic
manufactured hydroelectric generator to meet the MWRA's design and
performance specifications as part of its proposed Loring Road
Hydroelectric Project in Weston, MA.
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 MWRA is proposing a renewable energy project consisting of a
hydraulic turbine, a hydroelectric generator, associated piping, and
controls to be located in an existing valve chamber within the MWRA's
drinking water transmission system at Loring Road in Weston, MA.
Currently, the MWRA is reducing water pressure in a section of the
water transmission system to properly serve certain areas of low
elevation within the City of Boston. Pressure is dissipated across
valves located in the chamber on a continuous process. Instead of
losing this potential energy, the MWRA plans to install a hydraulic
turbine and hydroelectric generator to recover 1,200,000 kilowatt hours
(kWh) of electricity annually, an amount that will meet MWRA's on-site
electrical needs and allow excess recovered energy to be delivered to
the regional electric grid.
The proposed project has been reviewed by the Federal Energy
[[Page 69093]]
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 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, 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