Notice of a Project Waiver of Section 1605 (Buy American Requirement) of the American Recovery and Reinvestment Act of 2009 (ARRA) to the Auburn, Indiana Department of Water Pollution Control (Auburn), 6202-6203 [2010-2661]
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Federal Register / Vol. 75, No. 25 / Monday, February 8, 2010 / Notices
Dated: February 2, 2010.
John Moses,
Director, Collection Strategies Division.
contact Sandra Keys. To request
accommodations of a disability, contact
Sandra Keys, preferably at least 10 days
prior to the meeting, to give EPA as
much time as possible to process your
request.
[FR Doc. 2010–2663 Filed 2–5–10; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
Dated: February 1, 2010.
Joshua Baylson,
Associate Chief Financial Officer.
[FRL–9111–3]
[FR Doc. 2010–2664 Filed 2–5–10; 8:45 am]
BILLING CODE 6560–50–P
Notice of Open Meeting of the
Environmental Financial Advisory
Board (EFAB)
ENVIRONMENTAL PROTECTION
AGENCY
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Notice.
The United States
Environmental Protection Agency’s
(EPA) Environmental Financial
Advisory Board (EFAB) will hold a full
board meeting on March 16–17, 2010.
EFAB is an EPA advisory committee
chartered under the Federal Advisory
Committee Act (FACA) to provide
advice and recommendations to EPA on
creative approaches to funding
environmental programs, projects, and
activities.
The purpose of the meeting is to hear
from informed speakers on
environmental finance issues, proposed
legislation, Agency priorities and to
discuss progress with work projects
under EFAB’s current Strategic Action
Agenda.
Environmental Finance topics
expected to be discussed include:
Financial Assurance Mechanisms
(Commercial Insurance & Cost
Estimation); Financial Assurance and
CO2 Underground Injection Control/
Carbon Capture and Sequestration;
Water Loss Reduction; Innovative
Financing Tools, and State Revolving
Fund Investment Options.
The meeting is open to the public,
however, seating is limited. All
members of the public who wish to
attend the meeting must register in
advance, no later than Monday, March
8, 2010.
DATES: Full Board Meeting is scheduled
for Tuesday, March 16, 2010 from 1:30
p.m.–5 p.m. and Wednesday, March 17,
2010 from 9 a.m.–5 p.m.:
ADDRESSES: Omni Shoreham Hotel,
2500 Calvert Street, NW., Washington,
DC 20008.
Registration and Information Contact:
To register for this meeting or get
further information please contact
Sandra Keys, U.S. EPA, at (202) 564–
4999 or keys.sandra@epa.gov. For
information on access or services for
individuals with disabilities, please
SUMMARY:
WReier-Aviles on DSKGBLS3C1PROD with NOTICES
[FRL –9111–4]
VerDate Nov<24>2008
11:51 Feb 05, 2010
Jkt 220001
Notice of a Project Waiver of Section
1605 (Buy American Requirement) of
the American Recovery and
Reinvestment Act of 2009 (ARRA) to
the Auburn, Indiana Department of
Water Pollution Control (Auburn)
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 Auburn for the
purchase of a Hydroself model HS40
flushing gate system. This is a projectspecific 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 projectspecific circumstances. These flushing
gates, which are supplied by Gabriel
Novac & Associates Inc, are
manufactured in Canada, and meet
Auburn’s performance specifications
and requirements. The Acting Regional
Administrator is making this
determination based on the review and
recommendations of EPA Region 5’s
Water Division. Auburn 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 a flushing gate
system for Auburn’s ‘‘Long Term Control
Plan Store-Treat Facility Project’’ that
may otherwise be prohibited under
Section 1605(a) of the ARRA.
DATES: Effective Date: December 10,
2009
FOR FURTHER INFORMATION CONTACT: Julie
Henning, SRF Financial Analyst (312)
PO 00000
Frm 00036
Fmt 4703
Sfmt 4703
886–4882, or Puja Lakhani, Regional
Counsel, (312) 353–3190, U.S. EPA
Region 5, 77 W. Jackson Blvd., Chicago,
IL 60613.
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 Auburn for the acquisition of a
flushing gate system which is
manufactured in Canada. The
manufacturer is Gabriel Novac &
Associates Inc.
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.
Auburn proposes to construct a ‘‘Long
Term Control Plan Store-Treat Facility
Project’’ at the Auburn Water Pollution
Control Facility on Wayne Street in
Auburn. The project is part of Auburn’s
20- year Long Term Control Plan to
reduce combined sewer overflows
(CSO’s). This project will provide
storage volume for excess combined
sewer flows in a storage tank during rain
events which would have previously
discharged to Cedar Creek. After the
rain event, the excess sewer flow will be
treated at the Water Pollution Control
Facility. Proper maintenance of the
storage tank will require periodic
cleaning, to remove solids that settle at
the bottom of the tank. Auburn proposes
to use a flushing gate system to remove
settled solids from the tank. The
flushing gate system holds sewer
overflow water in reserve in
compartments at the upstream end of
the storage tank. This flush water,
released by a patented mechanism, gives
rise to a high celerity wave that
effectively removes all accumulated
debris in basins and interceptors over
flushway lengths greater than any other
available method. The use of sewer
E:\FR\FM\08FEN1.SGM
08FEN1
WReier-Aviles on DSKGBLS3C1PROD with NOTICES
Federal Register / Vol. 75, No. 25 / Monday, February 8, 2010 / Notices
overflow water for this process
eliminates the need for freshwater.
Auburn researched additional options
for cleaning the settled solids from the
storage tank, including tipping buckets,
and vacuum flushing, and concluded
that the flushing gate system is
preferable to the other options because
it is more cost effective and allows for
lower maintenance and more efficiency
in operation due the use of stored CSO
volume for cleaning.
Auburn has requested a waiver from
the Buy American provision for the
purchase of a Hydroself model HS40
flushing gate system manufactured in
Canada. Auburn stated in their waiver
application that they were unable to
locate any domestic manufacturers of
flushing gate systems.
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’,’’ (‘‘EPA
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.’’
EPA’s national contractor prepared a
technical assessment report dated
August 2, 2009 based on the submitted
waiver request, identifying two
potential domestic suppliers of flushing
gates. After being notified of the
potential domestic suppliers, Auburn
contacted each of them to determine the
availability of the manufactured good.
The subsequent analysis by Auburn and
EPA concluded that neither of the
domestic suppliers were able to provide
the specified good at the time needed
and place needed, and in the proper
form or specification as dictated by the
project plans and design.
Domestic supplier #1 is currently
involved in a lawsuit that could stop the
manufacturing and sale of the flushing
gate. EPA has determined that, under
certain circumstances, litigation creates
a sufficient basis to render the specified
equipment unavailable from a defendant
U.S. manufacturer. Specifically, a U.S.
manufacturer’s product may be
considered unavailable when litigation
that may implicate an assistance
recipient’s legal rights to use—and
consequently may subject the assistance
recipient to patent infringement liability
for using—the manufactured good being
considered for a project has proceeded
through initial legal processes, or been
pending for a sufficient period of time
(to make clear that the litigation will not
be dismissed as frivolous). EPA
VerDate Nov<24>2008
11:51 Feb 05, 2010
Jkt 220001
reviewed the litigation documentation
and concluded that, due to this pending
litigation, procuring the flushing gates
from domestic supplier #1 would
present an unacceptable risk to Auburn,
and this impediment thus means that
the specified goods are not available
from this supplier. Auburn contacted
domestic supplier #2, and inquired
about their ability to deliver the
manufactured good within the project
timeline. On September 30, 2009,
domestic supplier #2 stated in writing
that they could not meet Auburn’s
timeline requirements for this project,
thus establishing that the flushing gates
would not be available from domestic
supplier #2. EPA’s national contractor’s
technical assessment report from August
2, 2009, did not find any additional
domestic suppliers of the specified
manufactured good.
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
communities such as Auburn 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.
The State and Tribal Programs Branch
has reviewed this waiver request and
has determined that the supporting
documentation provided by Auburn is
sufficient to meet the criteria listed
under Section 1605(b) of the ARRA,
OMB’s regulations at 2 CFR 176.60–
176.170, and in the April 28, 2009, EPA
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 Auburn’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
PO 00000
Frm 00037
Fmt 4703
Sfmt 4703
6203
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, Auburn is hereby
granted a waiver from the Buy American
requirements of Section 1605(a) of
Public Law 111–5 for the purchase of
the Hydroself model HS40 flushing gate
system using ARRA funds as specified
in the community’s request of July 14,
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 10, 2009.
Walter W. Kovalick, Jr.,
Acting Regional Administrator, Region 5.
[FR Doc. 2010–2661 Filed 2–5–10; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL DEPOSIT INSURANCE
CORPORATION
Agency Information Collection
Activities: Submission for OMB
Review; Comment Request
AGENCY: Federal Deposit Insurance
Corporation (FDIC).
ACTION: Notice of information collection
to be submitted to OMB for review and
approval under the Paperwork
Reduction Act.
SUMMARY: The FDIC, as part of its
continuing effort to reduce paperwork
and respondent burden, invites the
general public and other Federal
agencies to take this opportunity to
comment on renewal of an existing
information collection, as required by
the Paperwork Reduction Act of 1995 (4
U.S.C. chapter 35). On December 1,
2009 (74 FR 62776), the FDIC solicited
public comment for a 60-day period on
renewal of its ‘‘Qualifications for Failed
Bank Acquisitions’’ information
collection (OMB No. 3064–0169),
currently approved under OMB
emergency clearance procedures. No
comments were received. Therefore, the
FDIC hereby gives notice of its
submission of the information collection
to OMB for review under normal
clearance procedures.
DATES: Comments must be submitted on
or before March 10, 2010.
ADDRESSES: Interested parties are
invited to submit written comments to
the FDIC by any of the following
E:\FR\FM\08FEN1.SGM
08FEN1
]]>Agencies
[Federal Register Volume 75, Number 25 (Monday, February 8, 2010)]
[Notices]
[Pages 6202-6203]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-2661]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL -9111-4]
Notice of a Project Waiver of Section 1605 (Buy American
Requirement) of the American Recovery and Reinvestment Act of 2009
(ARRA) to the Auburn, Indiana Department of Water Pollution Control
(Auburn)
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 Auburn for the purchase of a
Hydroself model HS40 flushing gate system. 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 flushing gates, which are
supplied by Gabriel Novac & Associates Inc, are manufactured in Canada,
and meet Auburn's performance specifications and requirements. The
Acting Regional Administrator is making this determination based on the
review and recommendations of EPA Region 5's Water Division. Auburn 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 a flushing gate system for
Auburn's ``Long Term Control Plan Store-Treat Facility Project'' that
may otherwise be prohibited under Section 1605(a) of the ARRA.
DATES: Effective Date: December 10, 2009
FOR FURTHER INFORMATION CONTACT: Julie Henning, SRF Financial Analyst
(312) 886-4882, or Puja Lakhani, Regional Counsel, (312) 353-3190, U.S.
EPA Region 5, 77 W. Jackson Blvd., Chicago, IL 60613.
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 Auburn for the acquisition of a flushing gate system which is
manufactured in Canada. The manufacturer is Gabriel Novac & Associates
Inc.
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.
Auburn proposes to construct a ``Long Term Control Plan Store-Treat
Facility Project'' at the Auburn Water Pollution Control Facility on
Wayne Street in Auburn. The project is part of Auburn's 20- year Long
Term Control Plan to reduce combined sewer overflows (CSO's). This
project will provide storage volume for excess combined sewer flows in
a storage tank during rain events which would have previously
discharged to Cedar Creek. After the rain event, the excess sewer flow
will be treated at the Water Pollution Control Facility. Proper
maintenance of the storage tank will require periodic cleaning, to
remove solids that settle at the bottom of the tank. Auburn proposes to
use a flushing gate system to remove settled solids from the tank. The
flushing gate system holds sewer overflow water in reserve in
compartments at the upstream end of the storage tank. This flush water,
released by a patented mechanism, gives rise to a high celerity wave
that effectively removes all accumulated debris in basins and
interceptors over flushway lengths greater than any other available
method. The use of sewer
[[Page 6203]]
overflow water for this process eliminates the need for freshwater.
Auburn researched additional options for cleaning the settled solids
from the storage tank, including tipping buckets, and vacuum flushing,
and concluded that the flushing gate system is preferable to the other
options because it is more cost effective and allows for lower
maintenance and more efficiency in operation due the use of stored CSO
volume for cleaning.
Auburn has requested a waiver from the Buy American provision for
the purchase of a Hydroself model HS40 flushing gate system
manufactured in Canada. Auburn stated in their waiver application that
they were unable to locate any domestic manufacturers of flushing gate
systems.
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','' (``EPA 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.''
EPA's national contractor prepared a technical assessment report
dated August 2, 2009 based on the submitted waiver request, identifying
two potential domestic suppliers of flushing gates. After being
notified of the potential domestic suppliers, Auburn contacted each of
them to determine the availability of the manufactured good. The
subsequent analysis by Auburn and EPA concluded that neither of the
domestic suppliers were able to provide the specified good at the time
needed and place needed, and in the proper form or specification as
dictated by the project plans and design.
Domestic supplier 1 is currently involved in a lawsuit
that could stop the manufacturing and sale of the flushing gate. EPA
has determined that, under certain circumstances, litigation creates a
sufficient basis to render the specified equipment unavailable from a
defendant U.S. manufacturer. Specifically, a U.S. manufacturer's
product may be considered unavailable when litigation that may
implicate an assistance recipient's legal rights to use--and
consequently may subject the assistance recipient to patent
infringement liability for using--the manufactured good being
considered for a project has proceeded through initial legal processes,
or been pending for a sufficient period of time (to make clear that the
litigation will not be dismissed as frivolous). EPA reviewed the
litigation documentation and concluded that, due to this pending
litigation, procuring the flushing gates from domestic supplier
1 would present an unacceptable risk to Auburn, and this
impediment thus means that the specified goods are not available from
this supplier. Auburn contacted domestic supplier 2, and
inquired about their ability to deliver the manufactured good within
the project timeline. On September 30, 2009, domestic supplier
2 stated in writing that they could not meet Auburn's timeline
requirements for this project, thus establishing that the flushing
gates would not be available from domestic supplier 2. EPA's
national contractor's technical assessment report from August 2, 2009,
did not find any additional domestic suppliers of the specified
manufactured good.
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 communities such as Auburn 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.
The State and Tribal Programs Branch has reviewed this waiver
request and has determined that the supporting documentation provided
by Auburn is sufficient to meet the criteria listed under Section
1605(b) of the ARRA, OMB's regulations at 2 CFR 176.60-176.170, and in
the April 28, 2009, EPA 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 Auburn'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, Auburn is
hereby granted a waiver from the Buy American requirements of Section
1605(a) of Public Law 111-5 for the purchase of the Hydroself model
HS40 flushing gate system using ARRA funds as specified in the
community's request of July 14, 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 10, 2009.
Walter W. Kovalick, Jr.,
Acting Regional Administrator, Region 5.
[FR Doc. 2010-2661 Filed 2-5-10; 8:45 am]
BILLING CODE 6560-50-P
