Notice of a Regional Project Waiver of Section 1605 (Buy American) of the American Recovery and Reinvestment Act of 2009 (ARRA) to the Old Town Water District in Old Town, ME, 8351-8352 [2010-3735]
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Federal Register / Vol. 75, No. 36 / Wednesday, February 24, 2010 / Notices
documentation provided by the MWRA
establishes both a proper basis to
specify a particular manufactured good,
and that no domestic manufacturer is
currently available or willing to supply
that particular manufactured good
which meets project specifications. 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 a proper basis to
specify the particular good required for
this project, that the MWRA has agreed
to implement a mitigation plan to
minimize the likelihood of any potential
ice throws to ensure public safety, 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 foreign manufactured wind turbine
documented in MWRA’s waiver request
submittal dated 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: Public Law 111–5, section 1605.
Dated: February 11, 2010.
Ira Leighton,
Acting Regional Administrator, EPA Region
1—New England.
[FR Doc. 2010–3703 Filed 2–23–10; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
pwalker on DSK8KYBLC1PROD with NOTICES
[FRL–9117–4]
Notice of a Regional Project Waiver of
Section 1605 (Buy American) of the
American Recovery and Reinvestment
Act of 2009 (ARRA) to the Old Town
Water District in Old Town, ME
AGENCY: Environmental Protection
Agency (EPA).
ACTION: Notice.
VerDate Nov<24>2008
16:49 Feb 23, 2010
Jkt 220001
SUMMARY: The EPA is hereby granting a
waiver of the Buy America requirements
of ARRA Section 1605 under the
authority of Section 1605(b)(1)
[inconsistent with the public interest] to
the Old Town Water District (‘‘Town’’) in
Old Town, Maine for the purchase of
GreensandPlus pressure filter media,
manufactured in Brazil, for two of the
12 foot diameter filters. 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 Town
evaluated three different types of
pressure filter media during a pilot test
in April of 2008 and, well before the
enactment of ARRA, selected
GreensandPlus filter media. The media
was purchased for the first two of four
filter beds in October 2008, when the
price of the media was determined for
all four beds. The media was installed
in two of the filter beds in January 2009.
The ARRA funded project is for the
other two filter beds in the Old Town
Water District system. If an alternate
domestic filter media were to be
installed in the remaining two filter
beds, the Maine Drinking Water
Program would require replacement of
the underdrain and associated piping,
which would increase the cost of the
project from $40,019 to $86,405. Based
upon information submitted by the
Town, its consulting engineer, and the
Maine Department of Health and
Human Services (MEDHHS), EPA has
concluded that, under these
circumstances, requiring the installation
of an alternative domestic filter media
would be inconsistent with the public
interest, and that a waiver of the Buy
American provisions is justified. 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 the
requirements of Section 1605(a) of
ARRA. This action permits the purchase
of GreensandPlus pressure filter media,
as specified in its November 7, 2009
request.
DATES: Effective Date: February 12,
2010.
FOR FURTHER INFORMATION CONTACT:
Katie Connors, Environmental Engineer,
(617) 918–1658, or, David Chin,
Environmental Engineer, (617) 918–
1764, Municipal Assistance Unit (CMU),
Office of Ecosystem Protection (OEP),
PO 00000
Frm 00058
Fmt 4703
Sfmt 4703
8351
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(a) of
Public Law 111–5, Buy American
requirements, to the Old Town Water
District (Town) in Old Town, Maine for
the purchase of non-domestic
GreensandPlus pressure filter media for
two 12 foot diameter filters. EPA has
evaluated the Town’s basis for
procuring the GreensandPlus pressure
filter media for these filters. Based on
the information provided by the
applicant and the State of Maine, EPA
has determined that it is inconsistent
with the public interest for the Town to
pursue the purchase of domestically
manufactured filter media.
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 under Section 1605(b) 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 Town is requesting a waiver of
the Buy American provision for the
GreensandPlus filter media for two 12
foot diameter filters. At the Town’s
water treatment plant, there are four
filter beds. In April of 2008, the Town
performed a pilot study of three
different pressure filter media. Well
before the enactment of ARRA, they
selected GreensandPlus media—which
is manufactured in Brazil—because it
was more appropriate for the
configuration of the Old Town Water
District system. The GreensandPlus
media was purchased for the first two
filter beds in October 2008, when the
price was locked in for all four filter
beds. The media was installed in
January 2009 for the first of the filter
beds. The ARRA funded project to the
Town is for the installation of the
GreensandPlus media for iron and
E:\FR\FM\24FEN1.SGM
24FEN1
pwalker on DSK8KYBLC1PROD with NOTICES
8352
Federal Register / Vol. 75, No. 36 / Wednesday, February 24, 2010 / Notices
manganese removal in the remaining
two filter beds.
Detailed evaluation of all of the
submitted documentation by, and
extensive discussions among EPA’s
technical review team, the EPA program
office, and EPA’s national contractor
established that the Maine Drinking
Water Program, in the MEDHHS, would
require replacement of the existing
underdrain and associated piping if
either of the other two filter media that
were pilot tested—one of which may be
domestically-produced—were used in
the project. This would result in an
increase in the project cost from $40,019
to $86,405 for the two filter beds. Due
to the existing backwash piping
configuration, a lower backwash rate is
needed which could be attained by the
GreensandPlus filter media without
replacement of the underdrain or
piping.
The Maine Drinking Water Program is
the primary enforcement authority
responsible for ensuring that all Public
Water Systems (PWS) in the State
regulated under the Safe Drinking Water
Act comply with all National Primary
Drinking Water Regulations (NPDWR).
Implementation of the determination by
such an authority that specific facility
configurations or operating conditions
are required for compliance with
NPDWRs is obligatory for a PWS.
Thus, the use of domestic filter media
would require replacement of the
underdrain and associated piping which
would double the cost of the project. In
addition, the evaluation of the
supporting documentation also
demonstrated that the foreign filter
media will be able to meet the proposed
project design and specifications with
no additional cost to the Town.
Furthermore, the purpose of the
ARRA is to stimulate economic recovery
by funding current infrastructure
construction, not to delay or require the
substantial redesign of projects that are
‘‘shovel ready,’’ such as this project of
the Old Town Water District. The
imposition of ARRA Buy American
requirements in this case would result
in unreasonable additional cost for this
project and substantial delay in its
completion. Such delay would also
directly conflict with a fundamental
economic purpose of ARRA, which is to
create or retain jobs.
The Municipal Assistance Unit (CMU)
has reviewed this waiver request and
has determined that the supporting
documentation provided by the Town
established a proper basis to specify that
using the domestic manufactured good
would be inconsistent with the public
interest of the Town. The MEDHHS
concluded that using a domestic filter
VerDate Nov<24>2008
16:49 Feb 23, 2010
Jkt 220001
media would require replacement of the
underdrain and associated piping and
subsequently significantly increase the
project cost. The information provided
is sufficient to meet the following
criteria listed under Section 1605(b)(1)
of the ARRA and in the April 28, 2009
Memorandum: Applying these
requirements would be inconsistent
with the public interest.
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 using
a domestically available alternative
manufactured good would be
inconsistent with the public interest of
the Town, the Old Town Water District
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 GreensandPlus filter
media for two 12 foot diameter filters
documented in the Town’s waiver
request submittal dated November 9,
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: February 12, 2010.
Ira Leighton,
Acting Regional Administrator, EPA Region
1—New England.
[FR Doc. 2010–3735 Filed 2–23–10; 8:45 am]
BILLING CODE 6560–50–P
EXPORT-IMPORT BANK OF THE U.S.
[Public Notice 139]
Agency Information Collection
Activities: Final Collection; Comment
Request
Export-Import Bank of the U.S.
Submission for OMB review and
comments request.
AGENCY:
ACTION:
FORM TITLE: Report of Premiums Payable
for Financial Institutions Only (EIB 92–
30).
SUMMARY: The Export-Import Bank of
the United States (Ex-Im Bank), as a part
of its continuing effort to reduce
paperwork and respondent burden,
invites the general public and other
Federal Agencies to comment on the
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proposed information collection, as
required by the Paperwork Reduction
Act of 1995.
We have made the following changes
to this application:
a. Under ‘‘Obligo Types’’ we have
added ‘‘Financial Institution’’ as an
option;
b. Under ‘‘Obligo Types’’ we have
deleted ‘‘Eximbank Sole Risk’’ as an
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c. Under ‘‘Terms’’ we have added
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d. Under ‘‘Terms’’ we have deleted
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e. Under ‘‘Terms’’ we have changed
‘‘1–60 Days’’ to ‘‘1–30 Days’’ as an option;
f. Under ‘‘Terms’’ we have added ‘‘31–
60 Days’’ as an option;
g. Under ‘‘Terms’’ we have changed
‘‘61–120 Days’’ to ‘‘61–90 Days’’ as an
option; and
h. Under ‘‘Terms’’ we have added ‘‘91–
120 Days’’ as an option.
Our customers will be able to submit
this form on paper or electronically. The
information collected enables the
applicant to provide Ex-Im Bank with
the information necessary to record
custom utilization and management
prospective insurance liability relative
to risk premiums received.
DATES: Comments should be received on
or before (60 days after publication) to
be assured of consideration.
ADDRESSES: Comments may be
submitted electronically on https://
www.regulations.gov or by mail to
Arnold Chow, Export-Import Bank of
the United States, 811 Vermont Ave.,
NW., Washington, DC 20571.
SUPPLEMENTARY INFORMATION:
Titles and Form Number: EIB 92–30.
Report of Premiums Payable for
Financial Institutions Only.
OMB Number: 3048–0021.
Type of Review: Regular.
Need and Use: The information
collected enables the applicant to
provide Ex-Im Bank with the
information necessary to record custom
utilization and management prospective
insurance liability relative to risk
premiums received.
Affected Public: This form affects
entities involved in the export of U.S.
goods and services.
Annual Number of Respondents: 150.
Estimated Time per Respondent: 15
minutes.
Government Annual Burden Hours:
450.
Frequency of Reporting or Use:
Monthly.
Sharon A. Whitt,
Agency Clearance Officer.
[FR Doc. 2010–3646 Filed 2–23–10; 8:45 am]
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E:\FR\FM\24FEN1.SGM
24FEN1
]]>Agencies
[Federal Register Volume 75, Number 36 (Wednesday, February 24, 2010)]
[Notices]
[Pages 8351-8352]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-3735]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-9117-4]
Notice of a Regional Project Waiver of Section 1605 (Buy
American) of the American Recovery and Reinvestment Act of 2009 (ARRA)
to the Old Town Water District in Old Town, ME
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)(1) [inconsistent with the public interest] to the Old Town
Water District (``Town'') in Old Town, Maine for the purchase of
GreensandPlus pressure filter media, manufactured in Brazil, for two of
the 12 foot diameter filters. 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 Town evaluated three different types of pressure
filter media during a pilot test in April of 2008 and, well before the
enactment of ARRA, selected GreensandPlus filter media. The media was
purchased for the first two of four filter beds in October 2008, when
the price of the media was determined for all four beds. The media was
installed in two of the filter beds in January 2009. The ARRA funded
project is for the other two filter beds in the Old Town Water District
system. If an alternate domestic filter media were to be installed in
the remaining two filter beds, the Maine Drinking Water Program would
require replacement of the underdrain and associated piping, which
would increase the cost of the project from $40,019 to $86,405. Based
upon information submitted by the Town, its consulting engineer, and
the Maine Department of Health and Human Services (MEDHHS), EPA has
concluded that, under these circumstances, requiring the installation
of an alternative domestic filter media would be inconsistent with the
public interest, and that a waiver of the Buy American provisions is
justified. 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 the requirements of Section 1605(a) of ARRA. This action
permits the purchase of GreensandPlus pressure filter media, as
specified in its November 7, 2009 request.
DATES: Effective Date: February 12, 2010.
FOR FURTHER INFORMATION CONTACT: Katie Connors, Environmental Engineer,
(617) 918-1658, or, David Chin, Environmental Engineer, (617) 918-1764,
Municipal Assistance Unit (CMU), Office of Ecosystem Protection (OEP),
U.S. EPA, 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(a) of Public Law 111-5, Buy American
requirements, to the Old Town Water District (Town) in Old Town, Maine
for the purchase of non-domestic GreensandPlus pressure filter media
for two 12 foot diameter filters. EPA has evaluated the Town's basis
for procuring the GreensandPlus pressure filter media for these
filters. Based on the information provided by the applicant and the
State of Maine, EPA has determined that it is inconsistent with the
public interest for the Town to pursue the purchase of domestically
manufactured filter media.
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 under Section 1605(b) 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 Town is requesting a waiver of the Buy American provision for
the GreensandPlus filter media for two 12 foot diameter filters. At the
Town's water treatment plant, there are four filter beds. In April of
2008, the Town performed a pilot study of three different pressure
filter media. Well before the enactment of ARRA, they selected
GreensandPlus media--which is manufactured in Brazil--because it was
more appropriate for the configuration of the Old Town Water District
system. The GreensandPlus media was purchased for the first two filter
beds in October 2008, when the price was locked in for all four filter
beds. The media was installed in January 2009 for the first of the
filter beds. The ARRA funded project to the Town is for the
installation of the GreensandPlus media for iron and
[[Page 8352]]
manganese removal in the remaining two filter beds.
Detailed evaluation of all of the submitted documentation by, and
extensive discussions among EPA's technical review team, the EPA
program office, and EPA's national contractor established that the
Maine Drinking Water Program, in the MEDHHS, would require replacement
of the existing underdrain and associated piping if either of the other
two filter media that were pilot tested--one of which may be
domestically-produced--were used in the project. This would result in
an increase in the project cost from $40,019 to $86,405 for the two
filter beds. Due to the existing backwash piping configuration, a lower
backwash rate is needed which could be attained by the GreensandPlus
filter media without replacement of the underdrain or piping.
The Maine Drinking Water Program is the primary enforcement
authority responsible for ensuring that all Public Water Systems (PWS)
in the State regulated under the Safe Drinking Water Act comply with
all National Primary Drinking Water Regulations (NPDWR). Implementation
of the determination by such an authority that specific facility
configurations or operating conditions are required for compliance with
NPDWRs is obligatory for a PWS.
Thus, the use of domestic filter media would require replacement of
the underdrain and associated piping which would double the cost of the
project. In addition, the evaluation of the supporting documentation
also demonstrated that the foreign filter media will be able to meet
the proposed project design and specifications with no additional cost
to the Town.
Furthermore, the purpose of the ARRA is to stimulate economic
recovery by funding current infrastructure construction, not to delay
or require the substantial redesign of projects that are ``shovel
ready,'' such as this project of the Old Town Water District. The
imposition of ARRA Buy American requirements in this case would result
in unreasonable additional cost for this project and substantial delay
in its completion. Such delay would also directly conflict with a
fundamental economic purpose of ARRA, which is to create or retain
jobs.
The Municipal Assistance Unit (CMU) has reviewed this waiver
request and has determined that the supporting documentation provided
by the Town established a proper basis to specify that using the
domestic manufactured good would be inconsistent with the public
interest of the Town. The MEDHHS concluded that using a domestic filter
media would require replacement of the underdrain and associated piping
and subsequently significantly increase the project cost. The
information provided is sufficient to meet the following criteria
listed under Section 1605(b)(1) of the ARRA and in the April 28, 2009
Memorandum: Applying these requirements would be inconsistent with the
public interest.
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 using a domestically available
alternative manufactured good would be inconsistent with the public
interest of the Town, the Old Town Water District 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
GreensandPlus filter media for two 12 foot diameter filters documented
in the Town's waiver request submittal dated November 9, 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: February 12, 2010.
Ira Leighton,
Acting Regional Administrator, EPA Region 1--New England.
[FR Doc. 2010-3735 Filed 2-23-10; 8:45 am]
BILLING CODE 6560-50-P
