Notice of a Project Waiver of Section 1605 (Buy American Requirement) of the American Recovery and Reinvestment Act of 2009 (ARRA) to the City of Auburn, IN (Auburn), 25243-25244 [2010-10918]
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Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Notices
high-efficiency turbo-compressors. Five
companies were found to manufacture
these machines, but only two (ABS and
one other company) used magnetic
bearings. This other company was
presented in Faribault’s submission as a
U.S. firm that had bid on the project, but
had never manufactured a turbocompressor the size of the 322-hp
models required for the project. Because
of this, Faribault believed that there was
no domestic product of satisfactory
quality available.
EPA’s national contractor prepared a
technical assessment report dated
August 14, 2009, based on the submitted
waiver request. The report determined
that the waiver request submittal was
complete, that adequate technical
information was provided, and that
there were no significant weaknesses in
the justification provided. In the report’s
examination of this submittal, it
originally appeared that the U.S. firm
might be able to meet the bid
specifications for the turbocompressor,
i.e., could potentially be ‘‘available.’’
This report did indicate some
uncertainty as to the characteristics and
quality of the turbocompressor that
could be made available by the U.S.
firm. After substantial further inquiry,
EPA determined that while a turbocompressor of characteristics and
quality responsive to Faribault’s
specifications might be available from
this U.S. firm, such a turbo-compressor
was not in fact made in the U.S. by this
firm, but was manufactured abroad.
This conclusion confirmed the waiver
applicant’s claim that there are no
comparable domestic products that can
meet the specific power and
performance needs of the project
Therefore, based on the information
provided to EPA and to the best of our
knowledge at this time, the high-speed,
high-efficiency magnetic bearing turbocompressors necessary for this project
are not manufactured in the United
States, and no other U.S. manufactured
product can meet Faribault’s project
performance specifications and
requirements.
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 Faribault 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
VerDate Mar<15>2010
19:19 May 06, 2010
Jkt 220001
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 Faribault is
sufficient to meet the criteria listed
under Section 1605(b) of the ARRA and
in the April 28, 2009, ‘‘Implementation
of Buy American provisions of Public
Law 111–5, the ‘American Recovery and
Reinvestment Act of 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 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 Faribault’s project
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, Faribault is hereby
granted a waiver from the Buy American
requirements of Section 1605(a) of
Public Law 111–5 for the purchase of
high-speed, high efficiency magnetic
bearing turbo-compressors using ARRA
funds as specified in the community’s
request of August 3, 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 13, 2010.
Walter W. Kovalick,
Acting Regional Administrator, Region 3.
[FR Doc. 2010–10908 Filed 5–6–10; 8:45 am]
BILLING CODE 6560–50–P
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25243
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–9145–6]
Notice of a Project Waiver of Section
1605 (Buy American Requirement) of
the American Recovery and
Reinvestment Act of 2009 (ARRA) to
the City of Auburn, IN (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, Indiana,
for the purchase of three high-speed,
high-efficiency magnetic bearing turbocompressors that will be used in the
city’s sludge treatment process. This is
a project-specific waiver and it 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 turbocompressors, which are supplied by
ABS USA of Meriden, Connecticut, are
manufactured in Sweden, 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 high-speed,
high-efficiency magnetic bearing turbocompressors for Auburn’s activated
sludge project that may otherwise be
prohibited under Section 1605(a) of the
ARRA.
DATES: Effective Date: March 25, 2010.
FOR FURTHER INFORMATION CONTACT:
Andrew Lausted, SRF Program Manager
(312) 886–0189, or Puja Lakhani, Office
of Regional Counsel, (312) 353–3190,
U.S. EPA Region 5, 77 W. Jackson Blvd.,
Chicago, IL 60604.
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, Indiana, for the acquisition
E:\FR\FM\07MYN1.SGM
07MYN1
jlentini on DSKJ8SOYB1PROD with NOTICES
25244
Federal Register / Vol. 75, No. 88 / Friday, May 7, 2010 / Notices
of high-speed, high-efficiency magnetic
bearing turbo-compressors that are
manufactured in Sweden.
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.
These manufactured goods will
provide aeration for Auburn’s activated
sludge treatment process. The city
selected the magnetic bearing
technology because of its ability to
avoid overheating and its track record of
providing long-standing reliable
service—key advantages over the
competing airfoil bearing technology.
Auburn’s submissions clearly
articulated functional reasons that
justified their technical specifications
and requirements.
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’,’’ 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 applicant met the requirements
specified for the availability inquiry as
appropriate to the circumstances by
conducting an extensive investigation
into all possible sources for high-speed,
high-efficiency turbo-compressors.
Based on the investigation, five
companies were found to manufacture
these machines, but only two (ABS and
one other company) used magnetic
bearings. Moreover, both of the
companies that use magnetic bearings
manufacture their machines overseas.
Auburn believes that since ABS has
multiple municipal wastewater
treatment plant installations in the
Midwest and that its competitor has
none, that the ABS turbo-compressor
VerDate Mar<15>2010
19:19 May 06, 2010
Jkt 220001
technology has been proven and would
perform reliably in this specific
application. Therefore, Auburn
contends that there is no domestic
product of satisfactory quality available.
EPA’s national contractor prepared a
technical assessment report dated
January 27, 2010, based on the
submitted waiver request. The report
determined that the waiver request
submittal was complete, that adequate
technical information was provided,
and that there were no significant
weaknesses in the justification
provided. Therefore, based on the
information provided to EPA and to the
best of our knowledge at this time, the
high-speed, high-efficiency magnetic
bearing turbo-compressors necessary for
this project are not manufactured in the
United States, and no other U.S.
manufactured product can meet
Auburn’s project performance
specifications and requirements.
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 and
in the April 28, 2009, ‘‘Implementation
of Buy American provisions of Public
Law 111–5, the ‘American Recovery and
Reinvestment Act of 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 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 item in the United States in
sufficient and reasonably available
quantities and of a satisfactory quality
in order to meet Auburn’s project
performance specifications and
requirements, a waiver from the Buy
American requirement is justified.
The March 31, 2009, Delegation of
Authority Memorandum provided
PO 00000
Frm 00060
Fmt 4703
Sfmt 4703
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
high-speed, high efficiency magnetic
bearing turbo-compressors using ARRA
funds as specified in the community’s
request of December 21, 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: March 25, 2010.
Walter W. Kovalick,
Acting Regional Administrator, Region 5.
[FR Doc. 2010–10918 Filed 5–6–10; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–9145–4]
Notice of a Project Waiver of Section
1605 (Buy American Requirement) of
the American Recovery and
Reinvestment Act of 2009 (ARRA) to
Warren County, OH (Warren County)
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 Warren County
for the purchase of a Trojan UV 4000
Plus medium-pressure, high-intensity
ultraviolet disinfection system to treat
effluent from the Lower Little Miami
River Wastewater Treatment Plant. 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. This disinfection system,
which is supplied by Trojan
Technologies of London, Ontario, is
manufactured in Canada and meets
E:\FR\FM\07MYN1.SGM
07MYN1
]]>Agencies
[Federal Register Volume 75, Number 88 (Friday, May 7, 2010)]
[Notices]
[Pages 25243-25244]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-10918]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-9145-6]
Notice of a Project Waiver of Section 1605 (Buy American
Requirement) of the American Recovery and Reinvestment Act of 2009
(ARRA) to the City of Auburn, IN (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, Indiana, for the purchase
of three high-speed, high-efficiency magnetic bearing turbo-compressors
that will be used in the city's sludge treatment process. This is a
project-specific waiver and it 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 turbo-
compressors, which are supplied by ABS USA of Meriden, Connecticut, are
manufactured in Sweden, 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 high-speed, high-efficiency magnetic bearing turbo-
compressors for Auburn's activated sludge project that may otherwise be
prohibited under Section 1605(a) of the ARRA.
DATES: Effective Date: March 25, 2010.
FOR FURTHER INFORMATION CONTACT: Andrew Lausted, SRF Program Manager
(312) 886-0189, or Puja Lakhani, Office of Regional Counsel, (312) 353-
3190, U.S. EPA Region 5, 77 W. Jackson Blvd., Chicago, IL 60604.
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, Indiana, for the acquisition
[[Page 25244]]
of high-speed, high-efficiency magnetic bearing turbo-compressors that
are manufactured in Sweden.
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.
These manufactured goods will provide aeration for Auburn's
activated sludge treatment process. The city selected the magnetic
bearing technology because of its ability to avoid overheating and its
track record of providing long-standing reliable service--key
advantages over the competing airfoil bearing technology. Auburn's
submissions clearly articulated functional reasons that justified their
technical specifications and requirements.
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','' 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 applicant met the requirements specified for the availability
inquiry as appropriate to the circumstances by conducting an extensive
investigation into all possible sources for high-speed, high-efficiency
turbo-compressors. Based on the investigation, five companies were
found to manufacture these machines, but only two (ABS and one other
company) used magnetic bearings. Moreover, both of the companies that
use magnetic bearings manufacture their machines overseas. Auburn
believes that since ABS has multiple municipal wastewater treatment
plant installations in the Midwest and that its competitor has none,
that the ABS turbo-compressor technology has been proven and would
perform reliably in this specific application. Therefore, Auburn
contends that there is no domestic product of satisfactory quality
available.
EPA's national contractor prepared a technical assessment report
dated January 27, 2010, based on the submitted waiver request. The
report determined that the waiver request submittal was complete, that
adequate technical information was provided, and that there were no
significant weaknesses in the justification provided. Therefore, based
on the information provided to EPA and to the best of our knowledge at
this time, the high-speed, high-efficiency magnetic bearing turbo-
compressors necessary for this project are not manufactured in the
United States, and no other U.S. manufactured product can meet Auburn's
project performance specifications and requirements.
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 and in the April 28, 2009, ``Implementation of Buy
American provisions of Public Law 111-5, the `American Recovery and
Reinvestment Act of 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
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 item in
the United States in sufficient and reasonably available quantities and
of a satisfactory quality in order to meet Auburn's project 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 high-speed, high
efficiency magnetic bearing turbo-compressors using ARRA funds as
specified in the community's request of December 21, 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: March 25, 2010.
Walter W. Kovalick,
Acting Regional Administrator, Region 5.
[FR Doc. 2010-10918 Filed 5-6-10; 8:45 am]
BILLING CODE 6560-50-P
