Notice of a Regional Project Waiver of Section 1605 (Buy American) of the American Recovery and Reinvestment Act of 2009 (ARRA) to the Town of Troy, VT, 6387-6389 [2010-2810]
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Federal Register / Vol. 75, No. 26 / Tuesday, February 9, 2010 / Notices
received will be included in the docket
without change and may be made
available on-line at https://
www.regulations.gov, including any
personal information provided, unless
the comment includes information
claimed to be Confidential Business
Information (CBI) or other information
whose disclosure is restricted by statute.
Do not submit information that you
consider to be CBI or otherwise
protected through regulations.gov or email. The regulations.gov website is an
‘‘anonymous access’’ system, which
means EPA will not know your identity
or contact information unless you
provide it in the body of your comment.
If you send an e-mail comment directly
to EPA without going through
regulations.gov, your e-mail address
will be automatically captured and
included as part of the comment that is
placed in the docket and made available
on the Internet. If you submit an
electronic comment, EPA recommends
that you include your name and other
contact information in the body of your
comment and with any disk or CD-ROM
you submit. If EPA cannot read your
comment due to technical difficulties
and cannot contact you for clarification,
EPA may not be able to consider your
comment. Electronic files should avoid
the use of special characters, any form
of encryption, and be free of any defects
or viruses.
Docket: All documents in the docket
are listed in the docket index available
at https://www.regulations.gov. Although
listed in the index, some information is
not publicly available, e.g., CBI or other
information whose disclosure is
restricted by statute. Certain other
material, such as copyrighted material,
is not placed on the Internet and will be
publicly available only in hard copy
form. Publicly available docket
materials are available either in the
electronic docket at https://
www.regulations.gov, or, if only
available in hard copy, at the OPP
Regulatory Public Docket in Rm. S–
4400, One Potomac Yard (South Bldg.),
2777 S. Crystal Dr., Arlington, VA. The
hours of operation of this Docket
Facility are from 8:30 a.m. to 4 p.m.,
Monday through Friday, excluding legal
holidays. The Docket Facility telephone
number is (703) 305–5805.
FOR FURTHER INFORMATION CONTACT:
BeWanda Alexander, Registration
Division (7505P), Office of Pesticide
Programs, Environmental Protection
Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460–0001; telephone
number: (703) 305–7460; e-mail address:
alexander.bewanda@epa.gov.
SUPPLEMENTARY INFORMATION:
VerDate Nov<24>2008
14:39 Feb 08, 2010
Jkt 220001
I. General Information
A. Does this Action Apply to Me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. Potentially
affected entities may include, but are
not limited to:
• Crop production (NAICS code 111).
• Animal production (NAICS code
112).
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
This listing is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
affected by this action. Other types of
entities not listed in this unit could also
be affected. The North American
Industrial Classification System
(NAICS) codes have been provided to
assist you and others in determining
whether this action might apply to
certain entities. If you have any
questions regarding the applicability of
this action to a particular entity, consult
the person listed under FOR FURTHER
INFORMATION CONTACT.
B. What Should I Consider as I Prepare
My Comments for EPA?
1. Submitting CBI. Do not submit this
information to EPA through
regulations.gov or e-mail. Clearly mark
the part or all of the information that
you claim to be CBI. For CBI
information in a disk or CD-ROM that
you mail to EPA, mark the outside of the
disk or CD-ROM as CBI and then
identify electronically within the disk or
CD-ROM the specific information that is
claimed as CBI. In addition to one
complete version of the comment that
includes information claimed as CBI, a
copy of the comment that does not
contain the information claimed as CBI
must be submitted for inclusion in the
public docket. Information so marked
will not be disclosed except in
accordance with procedures set forth in
40 CFR part 2.
2. Tips for preparing your comments.
When submitting comments, remember
to:
i. Identify the document by docket ID
number and other identifying
information (subject heading, Federal
Register date and page number).
ii. Follow directions. The Agency may
ask you to respond to specific questions
or organize comments by referencing a
Code of Federal Regulations (CFR) part
or section number.
iii. Explain why you agree or disagree;
suggest alternatives and substitute
language for your requested changes.
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6387
iv. Describe any assumptions and
provide any technical information and/
or data that you used.
v. If you estimate potential costs or
burdens, explain how you arrived at
your estimate in sufficient detail to
allow for it to be reproduced.
vi. Provide specific examples to
illustrate your concerns and suggest
alternatives.
vii. Explain your views as clearly as
possible, avoiding the use of profanity
or personal threats.
viii. Make sure to submit your
comments by the comment period
deadline identified.
II. Registration Applications
EPA has received applications to
register pesticide products containing
active ingredients not included in any
previously registered pesticide
products. Pursuant to the provisions of
section 3(c)(4) of FIFRA, EPA is hereby
providing notice of receipt and
opportunity to comment on these
applications. Notice of receipt of these
applications does not imply a decision
by the Agency on these applications.
1. File Symbol: 1007–OL. Applicant:
Pfizer, Inc., 7000 Portage Rd., KZO 300–
403 SW., Kalamazoo, MI 49001. Product
name: Demiditraz Technical. Active
ingredient: Insecticide and Demiditraz
at 100%. Proposed classification/Use:
None.
2. File Symbol: 1007–OA. Applicant:
Pfizer, Inc., 7000 Portage Rd., KZO 300–
403 SW., Kalamazoo, MI 49001. Product
name: CA Acaricide. Active ingredient:
Insecticide and Demiditraz at 17.5%.
Proposed classification/Use: Spot on
treatment for dogs.
List of Subjects
Environmental protection, Pesticides
and pest.
Dated: January 28, 2010.
Lois Rossi,
Director, Registration Division, Office of
Pesticide Programs.
[FR Doc. 2010–2826 Filed 2–8–10; 8:45 am]
BILLING CODE 6560–50–S
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–9112–4]
Notice of a Regional Project Waiver of
Section 1605 (Buy American) of the
American Recovery and Reinvestment
Act of 2009 (ARRA) to the Town of
Troy, VT
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Notice.
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Federal Register / Vol. 75, No. 26 / Tuesday, February 9, 2010 / Notices
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 Town of
Troy, Vermont (‘‘Town’’) for the
purchase of foreign manufactured
butterfly valves and actuators for an
arsenic and manganese removal water
treatment installation project. 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 Town and
its consulting engineer, it has been
determined that there are currently no
domestic manufactured butterfly valves
and actuators available to meet its
proposed specialized needs and project
schedule. 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 foreign
manufactured butterfly valves and
actuators by the Town, as specified in
its November 19, 2009 request.
DATES: Effective Date: January 29, 2010.
FOR FURTHER INFORMATION CONTACT:
Katie Connors, Environmental Engineer,
(617) 918–1764, or David Chin,
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 Town for the
purchase of non-domestic manufactured
butterfly valve and actuators to meet the
Town’s project schedule to install an for
arsenic and manganese water treatment
system.
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
VerDate Nov<24>2008
14:39 Feb 08, 2010
Jkt 220001
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 the 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 Town of Troy, Vermont (‘‘Town’’)
is receiving funding from the VT ARRA
Drinking Water State Revolving Fund
(DWSRF) to install a water treatment
facility for arsenic and manganese
removal, as well as water meters in the
distribution system. The treatment
system is a skid mounted, preassembled
and prewired arsenic and manganese
removal system from a U.S.
manufacturer. The components of the
filtration system are manufactured in
the U.S. with the exception of the
system’s electrically actuated butterfly
valves which are manufactured by
Value Valve in Taiwan. The Town is
requesting a waiver for these foreign
manufactured valves and actuators
which are standard components
provided on the selected U.S.
manufacturer’s filtration treatment
systems.
The waiver is being requested after
bid solicitation has been completed and
construction has begun. The late request
was due to unavailability of a domestic
company able to provide the specialized
valves and actuators according to the
project schedule. The Town is under an
enforcement action deadline by the
State of Vermont to install and operate
an arsenic removal system by April 30,
2010.
The Town contacted several domestic
manufacturers of butterfly valve and
actuators and although some of them
could provide the products within the
project specifications, they could not do
so within the established project
schedule. In order to adhere to the April
30, 2010 regulatory deadline, the skid
system must be delivered to the
construction site by December 2009.
The domestic manufacturers could not
produce the specialized valves and
actuators needed for incorporation into
the system within the time required.
The filter system, including the valves
and actuators, is assembled in California
and will be freighted across the country
to Troy, VT. Delaying the components
several weeks would put their
availability to the manufacturer at mid
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December to early January, depending
on the domestic supplier. To wait for
domestically available valves and
actuators and allowing for the time
necessary to assemble and test the
complete system would have pushed
delivery of the system to the end of
January. The delay would result in the
Town of Troy possibly violating its
regulatory compliance schedule.
An evaluation of all of the supporting
documentation by EPA’s national
contractor, including results of research
and communication with manufacturers
of valves and actuators, supports and
confirms the Town’s claim that there are
currently no domestic manufacturers
that can provide specialized butterfly
valves and actuators to meet the preestablished compliance schedule.
The consulting engineer for the Town
identified three domestic manufacturers
in the United States. The three
companies could provide the valves and
actuators. However, the shortest
delivery time available was 6–8 weeks,
with one of the companies estimating
the delivery period to be 10–12 weeks.
The supporting information for this
proposed project includes contacts with
valve and actuator manufacturers,
telephone calls, and e-mail
correspondence with domestic
manufacturers. An independent review
of the submitted documentation by
EPA’s national contractor confirmed
this documentation.
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
Town of Troy, VT, to possibly violate
the established compliance schedule.
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 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 Municipal Assistance Unit (CMU)
has reviewed this waiver request and
has determined that the supporting
documentation provided by the Town
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09FEN1
Federal Register / Vol. 75, No. 26 / Tuesday, February 9, 2010 / Notices
establishes both a proper basis to
specify a particular manufactured good,
and that the domestic manufactured
good that is currently available cannot
be delivered in the necessary timeframe
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 in
the necessary timeframe, the Town of
Troy, Vermont 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
non-domestic manufactured butterfly
valves and actuators documented in
Town’s waiver request submitted to the
EPA on November 19, 2009. This
supplementary information constitutes
the detailed written justification
required by Section 1605(c) for waivers
based on a finding under subsection (b).
Authority: Pub. L. 111–5, section 1605.
Dated: January 29, 2010.
Ira Leighton,
Acting Regional Administrator, EPA Region
1—New England.
[FR Doc. 2010–2810 Filed 2–8–10; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
Cprice-sewell on DSK2BSOYB1PROD with NOTICES
[FRL–9112–5]
Notice of a Regional Project Waiver of
Section 1605 (Buy American) of the
American Recovery and Reinvestment
Act of 2009 (ARRA) to the City of
Gloucester, MA
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Notice.
SUMMARY: The EPA is hereby granting a
waiver of the Buy American
requirements of ARRA Section 1605
under the authority of Section
VerDate Nov<24>2008
14:39 Feb 08, 2010
Jkt 220001
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 City of Gloucester, Massachusetts
(‘‘City’’) for the purchase of foreign
manufactured rotary sludge dewatering
presses. 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. The City’s proposed
wastewater treatment facility
improvements will include replacement
of the existing belt filter press for sludge
generated at the plant. Based upon
information submitted by the City and
its consultants, it was determined that
two 6-channel rotary press sludge
dewatering units, manufactured by
Fournier Industries of Quebec, Canada,
will meet the City’s design and
performance specifications. The
Regional Administrator is making this
determination based on the review and
recommendations of the Municipal
Assistance Unit. The City, through its
consulting engineers, has provided
sufficient documentation to support
their 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 two, six channel
rotary press sludge dewatering units,
manufactured by Fournier Industries, by
the City, as specified in its September
28, 2009 request, as part of the
improvements to the wastewater
treatment facility.
DATES: Effective Date: January 29, 2010.
FOR FURTHER INFORMATION CONTACT:
Mark Spinale, Environmental Engineer,
(617) 918–1547, or Katie Connors,
Environmental Engineer, (617) 918–
1658, 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 Sections 1605(c)
and 1605(b)(2), the EPA hereby provides
notice that it is granting a project waiver
of the requirements of Sections 1605(a)
of Public Law 111–5, Buy American
requirements, to the City of Gloucester,
(‘‘City’’), Massachusetts for the purchase
of two, six channel rotary press sludge
dewatering units, manufactured by
Fournier Industries of Quebec, Canada.
It has been determined that these rotary
presses meet the City’s technical
specifications for design and
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Fmt 4703
Sfmt 4703
6389
performance of a sludge dewatering unit
as part of its wastewater treatment plant
improvement project. Based on the
information provided by the applicant,
there are no domestically manufactured
rotary sludge presses that at this time
meet the specific design criteria
established for this unit in the City’s
project.
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 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 public the 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 wastewater treatment facility for
the City is a primary treatment plant
designed to handle an annual average
flow of 7.24 million gallons per day.
The plant began operations in 1984, and
in the early 1990’s the facility was
modified to provide an ocean outfall
extension as well as odor control and
disinfection improvements. Plant
improvements again occurred in the
mid-2000’s with the replacement of
various pumps and sludge removal
mechanisms. However, no other
significant expansions or upgrades have
occurred during the 25 years of
operations.
Most of the equipment at the
treatment facility is original equipment
that has largely reached or exceeded its
expected service life. The City is now
replacing major components of the
facility through a phased program of
equipment replacement and facility
refurbishment. Included in the first
phase of the facility-wide improvements
is the installation of a new rotary sludge
dewatering unit to replace the existing
belt filter press. The City is requesting
a waiver from the Buy American
Provisions for the purchase of two
foreign made rotary press sludge
dewatering units manufactured by
Fournier Industries (Quebec, Canada).
The key selection criteria established
by the City and its consulting engineers
for the sludge dewatering equipment
include:
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]]>Agencies
[Federal Register Volume 75, Number 26 (Tuesday, February 9, 2010)]
[Notices]
[Pages 6387-6389]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-2810]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-9112-4]
Notice of a Regional Project Waiver of Section 1605 (Buy
American) of the American Recovery and Reinvestment Act of 2009 (ARRA)
to the Town of Troy, VT
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
[[Page 6388]]
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 Town of Troy, Vermont (``Town'') for the purchase of
foreign manufactured butterfly valves and actuators for an arsenic and
manganese removal water treatment installation project. 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 Town and its consulting engineer, it has been
determined that there are currently no domestic manufactured butterfly
valves and actuators available to meet its proposed specialized needs
and project schedule. 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 foreign manufactured butterfly valves and actuators by the
Town, as specified in its November 19, 2009 request.
DATES: Effective Date: January 29, 2010.
FOR FURTHER INFORMATION CONTACT: Katie Connors, Environmental Engineer,
(617) 918-1764, or David Chin, 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 Town for the purchase of non-domestic manufactured
butterfly valve and actuators to meet the Town's project schedule to
install an for arsenic and manganese water treatment system.
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 the 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 Town of Troy, Vermont (``Town'') is receiving funding from the
VT ARRA Drinking Water State Revolving Fund (DWSRF) to install a water
treatment facility for arsenic and manganese removal, as well as water
meters in the distribution system. The treatment system is a skid
mounted, preassembled and prewired arsenic and manganese removal system
from a U.S. manufacturer. The components of the filtration system are
manufactured in the U.S. with the exception of the system's
electrically actuated butterfly valves which are manufactured by Value
Valve in Taiwan. The Town is requesting a waiver for these foreign
manufactured valves and actuators which are standard components
provided on the selected U.S. manufacturer's filtration treatment
systems.
The waiver is being requested after bid solicitation has been
completed and construction has begun. The late request was due to
unavailability of a domestic company able to provide the specialized
valves and actuators according to the project schedule. The Town is
under an enforcement action deadline by the State of Vermont to install
and operate an arsenic removal system by April 30, 2010.
The Town contacted several domestic manufacturers of butterfly
valve and actuators and although some of them could provide the
products within the project specifications, they could not do so within
the established project schedule. In order to adhere to the April 30,
2010 regulatory deadline, the skid system must be delivered to the
construction site by December 2009. The domestic manufacturers could
not produce the specialized valves and actuators needed for
incorporation into the system within the time required. The filter
system, including the valves and actuators, is assembled in California
and will be freighted across the country to Troy, VT. Delaying the
components several weeks would put their availability to the
manufacturer at mid December to early January, depending on the
domestic supplier. To wait for domestically available valves and
actuators and allowing for the time necessary to assemble and test the
complete system would have pushed delivery of the system to the end of
January. The delay would result in the Town of Troy possibly violating
its regulatory compliance schedule.
An evaluation of all of the supporting documentation by EPA's
national contractor, including results of research and communication
with manufacturers of valves and actuators, supports and confirms the
Town's claim that there are currently no domestic manufacturers that
can provide specialized butterfly valves and actuators to meet the pre-
established compliance schedule.
The consulting engineer for the Town identified three domestic
manufacturers in the United States. The three companies could provide
the valves and actuators. However, the shortest delivery time available
was 6-8 weeks, with one of the companies estimating the delivery period
to be 10-12 weeks. The supporting information for this proposed project
includes contacts with valve and actuator manufacturers, telephone
calls, and e-mail correspondence with domestic manufacturers. An
independent review of the submitted documentation by EPA's national
contractor confirmed this documentation.
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 Town of Troy, VT, to possibly violate the
established compliance schedule. 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 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 Municipal Assistance Unit (CMU) has reviewed this waiver
request and has determined that the supporting documentation provided
by the Town
[[Page 6389]]
establishes both a proper basis to specify a particular manufactured
good, and that the domestic manufactured good that is currently
available cannot be delivered in the necessary timeframe 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 in the necessary
timeframe, the Town of Troy, Vermont 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 non-domestic
manufactured butterfly valves and actuators documented in Town's waiver
request submitted to the EPA on November 19, 2009. This supplementary
information constitutes the detailed written justification required by
Section 1605(c) for waivers based on a finding under subsection (b).
Authority: Pub. L. 111-5, section 1605.
Dated: January 29, 2010.
Ira Leighton,
Acting Regional Administrator, EPA Region 1--New England.
[FR Doc. 2010-2810 Filed 2-8-10; 8:45 am]
BILLING CODE 6560-50-P
