Notice of Buy American Exception Under the American Recovery and Reinvestment Act of 2009, 34685-34687 [2010-14812]
Download as PDF
Federal Register / Vol. 75, No. 117 / Friday, June 18, 2010 / Notices
9567. Fax: (202) 720–2232. E-mail:
shantelle.gordon@wdc.usda.gov.
The Office
of Management and Budget’s (OMB)
regulation (5 CFR part 1320)
implementing provisions of the
Paperwork Reduction Act of 1995 (Pub.
L. 104–13) requires that interested
members of the public and affected
agencies have an opportunity to
comment on information collection and
recordkeeping activities (see 5 CFR
1320.8(d)). This notice identifies an
information collection that RHS is
submitting to OMB for approval.
Comments are invited on: (a) Whether
the proposed collection of information
is necessary for the proper performance
of the functions of the agency, including
whether the information will have
practical utility; (b) the accuracy of the
agency’s estimate of the burden of the
proposed collection of information
including the validity of the
methodology and assumptions used; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) ways to minimize the
burden of the collection of information
on those who are to respond, including
through the use of appropriate
automated, electronic, mechanical, or
other technological collection
techniques or other forms of information
technology. Comments may be sent to:
Title: Real Estate Title Clearance and
Loan Closing.
OMB Number: 0575–0147.
Expiration date: October 31, 2010.
Type of request: Revision of a
currently approved information
collection.
Abstract: Section 501 of Title V of the
Housing Act of 1949, as amended,
authorizes the Secretary of Agriculture
to extend financial assistance to
construct, improve, alter, repair, replace
or rehabilitate dwellings, farm
buildings, and/or related facilities to
provide decent, safe, and sanitary living
conditions and adequate farm buildings
and other structures in rural areas. Title
clearance is required to assure the
Agency(s) that the loan is legally
secured and has the required lien
priority.
RHS will be collecting information to
assure that those participating in this
program remain eligible to proceed with
loan closing and to ensure that loans
made with Federal funds are legally
secured. The respondents are
individuals or households, businesses
and non-profit institutions. The
information required is used by the
USDA personnel to verify that the
required lien position has been
obtained. The information is collected at
srobinson on DSKHWCL6B1PROD with NOTICES
SUPPLEMENTARY INFORMATION:
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the field office responsible for
processing a loan application through
loan closing. The information is also
used to ensure the program is
administered in a manner consistent
with legislative and administrative
requirements. If not collected, the
Agency would be unable to determine if
the loan is adequately and legally
secured. RHS continually strives to
ensure that information collection
burden is kept to a minimum.
Estimate of burden: Public burden for
this collection of information is
estimated to average 0.22 hours per
response.
Respondents: Individuals or
Households, Businesses, Closing agents/
Attorneys and the field office staff.
Estimated number of respondents:
18,410.
Estimated number of responses per
respondent: 1.
Estimated number of responses:
60,473.
Estimated total annual burden on
respondents: 13,423 hours.
Comments are invited on: (a) Whether
the proposed collection of information
is necessary for the proper performance
of the functions of RBS, including
whether the information will have
practical utility; (b) the accuracy of the
RBS’ estimate of the burden of the
proposed collection of information,
including the validity of the
methodology and assumptions used; (c)
ways to enhance the quality, utility, and
clarity of the information to be
collected; and (d) ways to minimize the
burden of the collection of information
on those who are to respond, including
through the use of appropriate
automated, electronic, mechanical, or
other technological collection
techniques or forms of information
technology. Comments may be sent to
Jeanne Jacobs, Regulation and
Paperwork Management Branch,
Support Services Division, U.S.
Department of Agriculture, Rural
Development, STOP 0742, Washington,
DC 20250–0742. All responses to this
notice will be summarized and included
in the request for OMB approval. All
comments will also become a matter of
public record.
Dated: June 14, 2010.
Magdey Abdallah,
Acting Administrator, Rural Housing Service.
[FR Doc. 2010–14823 Filed 6–17–10; 8:45 am]
BILLING CODE P
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34685
DEPARTMENT OF AGRICULTURE
Rural Housing Service
Notice of Buy American Exception
Under the American Recovery and
Reinvestment Act of 2009
Rural Housing Service, USDA.
Notice.
AGENCY:
ACTION:
SUMMARY: The Rural Housing Service
(RHS) hereby gives notice of a
nationwide exception to the Buy
American requirements of Section 1605
of the American Recovery and
Reinvestment Act of 2009 (‘‘ARRA’’)
under the authority of Section
1605(b)(1) (public interest waiver) for de
minimis incidental components of
eligible publicly owned essential
community facilities projects using
assistance provided under ARRA. This
action permits the use of non-domestic
iron, steel and manufactured goods
when they occur in de minimis
incidental components that may
otherwise be prohibited under Section
1605(a). As used in this Notice, ‘‘de
minimis incidental components’’ means
those components otherwise prohibited
under Section 1605(a) that cumulatively
comprise no more than a total of 5
percent of the total cost of the materials
used in a project funded in whole or in
part with ARRA assistance.
DATES: Effective Date: June 18, 2010.
ADDRESSES: Send any correspondence
regarding this notice to William R.
Downs, Program Support Staff, Rural
Housing Service, U.S. Department of
Agriculture, 1400 Independence
Avenue, SW., STOP 0761, Washington,
DC 20250–0761.
FOR FURTHER INFORMATION CONTACT:
William R. Downs, Program Support
Staff, Rural Housing Service, U.S.
Department of Agriculture, 1400
Independence Avenue, SW., STOP
0761, Washington, DC 20250–0761,
Telephone: 202–720–1499, e-mail:
William.downs@wdc.usda.gov.
SUPPLEMENTARY INFORMATION: In
accordance with section 1605(c) of
ARRA and Section 176.80 of the rules
of the Office of Management and Budget
(OMB) (2 CFR 176.80), RHS hereby
provides notice that it is granting a
nationwide exception to Section 1605
the Recovery Act with respect to de
minimis incidental components of
eligible Community Programs projects
funded under ARRA. The basis for this
waiver is a public interest determination
pursuant to Section 1605(b)(1) of ARRA.
I. Background
The American Recovery and
Reinvestment Act of 2009 made funding
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34686
Federal Register / Vol. 75, No. 117 / Friday, June 18, 2010 / Notices
srobinson on DSKHWCL6B1PROD with NOTICES
available to RHS to make direct loans
and grants for essential community
facilities authorized by Sections
306(a)(1) and (a)(19) of the Consolidated
Farm and Rural Development Act (7
U.S.C. 1926(a)(1) and (a)(19),
respectively). Section 1605(a) of ARRA,
the ‘‘Buy American’’ provision, states
that ‘‘none of the funds appropriated or
otherwise made available by this Act
may be used for a project 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.’’
Section 1605(b) of ARRA authorizes
the head of a Federal department or
agency to waive the Buy American
provision by one of the following three
determinations: (1) Applying the Buy
American provision would be
inconsistent with the public interest; (2)
the iron, steel, and relevant
manufactured goods are not produced in
the United States in sufficient and
reasonably available quantities and of a
satisfactory quality; or (3) the inclusion
of the iron, steel, and manufactured
goods produced in the United States
will increase the cost of the project by
more than 25 percent.
If a determination is made to waive
the requirements of Section 1605(a)
based on a finding under Section
1605(b), then Section 1605(c) requires
the head of the department or agency to
publish a detailed justification in the
Federal Register as to why the provision
is being waived. Finally, Section
1605(d) requires that the Buy American
provision must be applied in a manner
consistent with the United States’
obligations under international
agreements.
II. Public Interest Finding
RHS has determined that, as applied
to Community Programs projects, the
application of the Buy American
restrictions to de minimis situations
would be inconsistent with the public
interest.
Community Programs projects
typically contain a relatively small
number of high-cost components
incorporated into the project that are
iron, steel and manufactured goods,
such as electrical and mechanical
equipment, concrete and masonry
products, wood and steel framing
products, interior and exterior materials
and finishes, and specialty equipment
as well as other relevant materials to
build structures for facilities such as
community hospitals and clinics, fire
stations, police stations and schools. In
bid solicitations for Community
Programs projects, these high-cost
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16:17 Jun 17, 2010
Jkt 220001
components are generally described in
detail in project-specific technical
specifications, and public owners and
their contractors are generally familiar
with the conditions of availability, the
potential alternatives for each detailed
specification, the approximate cost and,
most relevant to this Notice, the country
of manufacture of such components.
Every Community Programs project
also involves the use of thousands of
miscellaneous, generally low-cost
components that are essential for, but
incidental to, construction of the
project. During construction, these
components (for example, nuts, bolts,
fasteners, screws and nails), are
incorporated into the physical structure
of the project. For many of these
incidental components, the country of
manufacture and the availability of
alternatives are not always readily or
reasonably identifiable prior to
procurement in the normal course of
business. More importantly, even if for
some of these incidental components
the country of manufacture may be
known, the miscellaneous character of
these components, together with their
low cost (both individually and when
procured in bulk), characterize them as
incidental to the facility or project.
RHS finds that it would be
inconsistent with the public interest to
apply the Buy American requirement to
incidental components when they, in
total, comprise no more than 5 percent
of the total cost of the materials used in
and incorporated into a project. While
individual components may have the
same function (e.g. brackets), the
specific manufacturer and configuration
may vary from project to project; the
analysis and consideration of individual
waiver requests for them, including
determining whether or not U.S. made
products exist; therefore, is expected to
be time-consuming and labor intensive
far out of proportion to the percentage
of total project materials they comprise.
Further, since the specific use of these
low-cost components can be expected to
be widely varied, formulating
categorical waivers for specific types of
components would be impractical.
Because the situations described above,
i.e., a high number of low-cost,
miscellaneous components, can be
effectively addressed by a
comprehensive application of a
nationwide de minimis waiver.
Rural Development reviewed an
industry-wide survey regarding these
incidental components prepared by an
independent contractor on behalf of the
Environmental Protection Agency
(EPA). The survey results indicated that
the percentage of total costs represented
by these incidental components is
PO 00000
Frm 00004
Fmt 4703
Sfmt 4703
generally not in excess of 5 percent of
the total cost of the materials
incorporated into a project. Rural
Development then took the added step
to verify the EPA findings by making
similar inquiries to likely Rural
Development project construction
contractors to identify the approximate
scope and cost of incidental
components within these projects. The
responses received by Rural
Development were consistent with the
EPA data.
RHS has decades of experience in
financing Community Programs projects
in rural America and shares the
rationale established by previous de
minimis waivers authored by EPA and
Rural Utilities Service, with respect to
incidental components used in similar
projects. Requiring individual waivers
for incidental components would be
time prohibitive and overly-burdensome
for applicants and RHS. The purpose of
ARRA is to stimulate economic recovery
by funding current public construction.
Therefore, a de minimis waiver of
incidental components totaling no more
than 5 percent of the total cost of the
materials used in and incorporated into
a project is in the public interest.
III. Waiver
Based on the public interest finding
discussed above and pursuant to
Section 1605(c), USDA hereby issues a
national waiver from the requirements
of ARRA Section 1605 for any
incidental components of the type
described above that comprise in total a
de minimis amount of the project,
specifically, for any such incidental
components up to a limit of no more
than 5 percent of the total cost of the
materials used in and incorporated into
a project.
Assistance recipients who elect to use
this waiver shall, in consultation with
their contractors, determine the items to
be covered by this waiver, retain
relevant documentation as to those
items in their project files, and be able
to summarize in reports to RHS, if so
requested, the types and/or categories of
items to which this waiver is applied,
the total cost of incidental components
covered by the waiver for each type or
category, and the calculations by which
they determined the total cost of
materials used in and incorporated into
the project.
In using this waiver, assistance
recipients must consider that there may
be circumstances where there are
multiple types of low-cost components
which, when combined with the
incidental components described above,
may total more than 5 percent.
Assistance recipients in such cases will
E:\FR\FM\18JNN1.SGM
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Federal Register / Vol. 75, No. 117 / Friday, June 18, 2010 / Notices
have to choose which of these
incidental components will be covered
by the waiver and which will not.
Components that the recipient is unable
to include within the 5 percent limit of
this waiver must comply with the
requirements of Section 1605 of ARRA
by appropriate means other than
reliance on this waiver.
This supplementary information
constitutes the ‘‘detailed written
justification’’ required by Section
1605(c) of ARRA and Section 176.80 of
the Office of Management and Budget’s
rules for waivers of the Buy American
provisions.
SUMMARY: We are advising the public of
our decision to begin issuing permits for
the importation into the continental
United States of fresh false coriander
from Panama. Based on the findings of
a pest risk analysis, which we made
available to the public for review and
comment through a previous notice, we
believe that the application of one or
more designated phytosanitary
measures will be sufficient to mitigate
the risks of introducing or disseminating
plant pests or noxious weeds via the
importation of fresh false coriander from
Panama.
EFFECTIVE DATE: June 18, 2010.
FOR FURTHER INFORMATION CONTACT: Mr.
David Lamb, Import Specialist,
Regulatory Coordination and
Compliance, PPQ, APHIS, 4700 River
Road Unit 133, Riverdale, MD 20737–
1236; (301) 734–4312.
SUPPLEMENTARY INFORMATION:
through 319.56–50, referred to below as
the regulations), the Animal and Plant
Health Inspection Service (APHIS) of
the U.S. Department of Agriculture
prohibits or restricts the importation of
fruits and vegetables into the United
States from certain parts of the world to
prevent plant pests from being
introduced into and spread within the
United States.
Section 319.56–4 contains a
performance-based process for
approving the importation of
commodities that, based on the findings
of a pest-risk analysis, can be safely
imported subject to one or more of the
designated phytosanitary measures
listed in paragraph (b) of that section.
Under that process, APHIS publishes a
notice in the Federal Register
announcing the availability of the pest
risk analysis that evaluates the risks
associated with the importation of a
particular fruit or vegetable. Following
the close of the 60-day comment period,
APHIS may begin issuing permits for
importation of the fruit or vegetable
subject to the identified designated
measures if: (1) No comments were
received on the pest risk analysis; (2)
the comments on the pest risk analysis
revealed that no changes to the pest risk
analysis were necessary; or (3) changes
to the pest risk analysis were made in
response to public comments, but the
changes did not affect the overall
conclusions of the analysis and the
Administrator’s determination of risk.
In accordance with that process, we
published a notice1 in the Federal
Register on February 9, 2010 (75 FR
6345–6346, Docket No. APHIS–2009–
0092), in which we announced the
availability, for review and comment, of
a pest risk analysis that evaluates the
risks associated with the importation
into the continental United States of
fresh false coriander from Panama. We
solicited comments on the notice for 60
days ending on April 12, 2010. We
received no comments by that date.
Therefore, in accordance with the
regulations in § 319.56-4(c)(2)(ii), we are
announcing our decision to begin
issuing permits for the importation into
the continental United States of fresh
false coriander from Panama subject to
the following phytosanitary measures:
∑ Each shipment of false coriander is
subject to inspection upon arrival in the
United States and must comply with all
applicable provisions of § 319.56–3.
∑ Each shipment of false coriander
must be accompanied by a
phytosanitary certificate bearing the
Background
Under the regulations in ‘‘Subpart—
Fruits and Vegetables’’ (7 CFR 319.56–1
1 To view the notice, go to (https://
www.regulations.gov/fdmspublic/component/
main?main=DocketDetail&d=APHIS–2009–0092) .
Dated: May 6, 2010.
Dallas P. Tonsager,
Under Secretary, Rural Development.
May 11, 2010.
Thomas Vilsack,
Secretary, Department of Agriculture.
[FR Doc. 2010–14812 Filed 6–17–10; 8:45 am]
BILLING CODE 3410–XU–P
DEPARTMENT OF AGRICULTURE
Animal and Plant Health Inspection
Service
[Docket No. APHIS–2009–0092]
Notice of Decision to Issue Permits for
the Importation of Fresh False
Coriander From Panama Into the
Continental United States
srobinson on DSKHWCL6B1PROD with NOTICES
AGENCY: Animal and Plant Health
Inspection Service, USDA.
ACTION: Notice.
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34687
following additional declaration: ‘‘The
false coriander in this consignment has
been inspected and found free of Nysius
simulans.’’
∑ The false coriander must be a
commercial consignment as defined in
7 CFR 319.56–2.
These conditions will be listed in the
Fruits and Vegetables Import
Requirements database available at
(https://www.aphis.usda.gov/favir) . In
addition to those specific measures, the
fresh false coriander will be subject to
the general requirements listed in
§ 319.56–3 that are applicable to the
importation of all fruits and vegetables.
Authority: 7 U.S.C. 450, 7701–7772, and
7781–7786; 21 U.S.C. 136 and 136a; 7 CFR
2.22, 2.80, and 371.3.
Done in Washington, DC, this 14th day
of June 2010.
Kevin Shea
Acting Administrator, Animal and Plant
Health Inspection Service.
[FR Doc. 2010–14791 Filed 6–17–10: 8:45 am]
BILLING CODE 3410–34–S
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
RIN 0648–XW99
Magnuson-Stevens Act Provisions;
General Provisions for Domestic
Fisheries; Application for Exempted
Fishing Permits
AGENCY: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Notice; request for comments.
SUMMARY: The Assistant Regional
Administrator for Sustainable Fisheries,
Northeast Region, NMFS (Assistant
Regional Administrator), has made a
preliminary determination that an
Exempted Fishing Permit (EFP)
application contains all of the required
information and warrants further
consideration. This EFP would allow
one commercial fishing vessel to fish
outside of the limited access scallop
days at sea (DAS) program in support of
research conducted by the Coonamessett
Farm Foundation. The Assistant
Regional Administrator has made a
preliminary determination that the
activities authorized under this EFP
would be consistent with the goals and
objectives of the Atlantic sea scallop
Fishery Management Plan (FMP).
However, further review and
consultation may be necessary before a
final determination is made to issue an
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Agencies
[Federal Register Volume 75, Number 117 (Friday, June 18, 2010)]
[Notices]
[Pages 34685-34687]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-14812]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Rural Housing Service
Notice of Buy American Exception Under the American Recovery and
Reinvestment Act of 2009
AGENCY: Rural Housing Service, USDA.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Rural Housing Service (RHS) hereby gives notice of a
nationwide exception to the Buy American requirements of Section 1605
of the American Recovery and Reinvestment Act of 2009 (``ARRA'') under
the authority of Section 1605(b)(1) (public interest waiver) for de
minimis incidental components of eligible publicly owned essential
community facilities projects using assistance provided under ARRA.
This action permits the use of non-domestic iron, steel and
manufactured goods when they occur in de minimis incidental components
that may otherwise be prohibited under Section 1605(a). As used in this
Notice, ``de minimis incidental components'' means those components
otherwise prohibited under Section 1605(a) that cumulatively comprise
no more than a total of 5 percent of the total cost of the materials
used in a project funded in whole or in part with ARRA assistance.
DATES: Effective Date: June 18, 2010.
ADDRESSES: Send any correspondence regarding this notice to William R.
Downs, Program Support Staff, Rural Housing Service, U.S. Department of
Agriculture, 1400 Independence Avenue, SW., STOP 0761, Washington, DC
20250-0761.
FOR FURTHER INFORMATION CONTACT: William R. Downs, Program Support
Staff, Rural Housing Service, U.S. Department of Agriculture, 1400
Independence Avenue, SW., STOP 0761, Washington, DC 20250-0761,
Telephone: 202-720-1499, e-mail: William.downs@wdc.usda.gov.
SUPPLEMENTARY INFORMATION: In accordance with section 1605(c) of ARRA
and Section 176.80 of the rules of the Office of Management and Budget
(OMB) (2 CFR 176.80), RHS hereby provides notice that it is granting a
nationwide exception to Section 1605 the Recovery Act with respect to
de minimis incidental components of eligible Community Programs
projects funded under ARRA. The basis for this waiver is a public
interest determination pursuant to Section 1605(b)(1) of ARRA.
I. Background
The American Recovery and Reinvestment Act of 2009 made funding
[[Page 34686]]
available to RHS to make direct loans and grants for essential
community facilities authorized by Sections 306(a)(1) and (a)(19) of
the Consolidated Farm and Rural Development Act (7 U.S.C. 1926(a)(1)
and (a)(19), respectively). Section 1605(a) of ARRA, the ``Buy
American'' provision, states that ``none of the funds appropriated or
otherwise made available by this Act may be used for a project 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.''
Section 1605(b) of ARRA authorizes the head of a Federal department
or agency to waive the Buy American provision by one of the following
three determinations: (1) Applying the Buy American provision would be
inconsistent with the public interest; (2) the iron, steel, and
relevant manufactured goods are not produced in the United States in
sufficient and reasonably available quantities and of a satisfactory
quality; or (3) the inclusion of the iron, steel, and manufactured
goods produced in the United States will increase the cost of the
project by more than 25 percent.
If a determination is made to waive the requirements of Section
1605(a) based on a finding under Section 1605(b), then Section 1605(c)
requires the head of the department or agency to publish a detailed
justification in the Federal Register as to why the provision is being
waived. Finally, Section 1605(d) requires that the Buy American
provision must be applied in a manner consistent with the United
States' obligations under international agreements.
II. Public Interest Finding
RHS has determined that, as applied to Community Programs projects,
the application of the Buy American restrictions to de minimis
situations would be inconsistent with the public interest.
Community Programs projects typically contain a relatively small
number of high-cost components incorporated into the project that are
iron, steel and manufactured goods, such as electrical and mechanical
equipment, concrete and masonry products, wood and steel framing
products, interior and exterior materials and finishes, and specialty
equipment as well as other relevant materials to build structures for
facilities such as community hospitals and clinics, fire stations,
police stations and schools. In bid solicitations for Community
Programs projects, these high-cost components are generally described
in detail in project-specific technical specifications, and public
owners and their contractors are generally familiar with the conditions
of availability, the potential alternatives for each detailed
specification, the approximate cost and, most relevant to this Notice,
the country of manufacture of such components.
Every Community Programs project also involves the use of thousands
of miscellaneous, generally low-cost components that are essential for,
but incidental to, construction of the project. During construction,
these components (for example, nuts, bolts, fasteners, screws and
nails), are incorporated into the physical structure of the project.
For many of these incidental components, the country of manufacture and
the availability of alternatives are not always readily or reasonably
identifiable prior to procurement in the normal course of business.
More importantly, even if for some of these incidental components the
country of manufacture may be known, the miscellaneous character of
these components, together with their low cost (both individually and
when procured in bulk), characterize them as incidental to the facility
or project.
RHS finds that it would be inconsistent with the public interest to
apply the Buy American requirement to incidental components when they,
in total, comprise no more than 5 percent of the total cost of the
materials used in and incorporated into a project. While individual
components may have the same function (e.g. brackets), the specific
manufacturer and configuration may vary from project to project; the
analysis and consideration of individual waiver requests for them,
including determining whether or not U.S. made products exist;
therefore, is expected to be time-consuming and labor intensive far out
of proportion to the percentage of total project materials they
comprise. Further, since the specific use of these low-cost components
can be expected to be widely varied, formulating categorical waivers
for specific types of components would be impractical. Because the
situations described above, i.e., a high number of low-cost,
miscellaneous components, can be effectively addressed by a
comprehensive application of a nationwide de minimis waiver.
Rural Development reviewed an industry-wide survey regarding these
incidental components prepared by an independent contractor on behalf
of the Environmental Protection Agency (EPA). The survey results
indicated that the percentage of total costs represented by these
incidental components is generally not in excess of 5 percent of the
total cost of the materials incorporated into a project. Rural
Development then took the added step to verify the EPA findings by
making similar inquiries to likely Rural Development project
construction contractors to identify the approximate scope and cost of
incidental components within these projects. The responses received by
Rural Development were consistent with the EPA data.
RHS has decades of experience in financing Community Programs
projects in rural America and shares the rationale established by
previous de minimis waivers authored by EPA and Rural Utilities
Service, with respect to incidental components used in similar
projects. Requiring individual waivers for incidental components would
be time prohibitive and overly-burdensome for applicants and RHS. The
purpose of ARRA is to stimulate economic recovery by funding current
public construction. Therefore, a de minimis waiver of incidental
components totaling no more than 5 percent of the total cost of the
materials used in and incorporated into a project is in the public
interest.
III. Waiver
Based on the public interest finding discussed above and pursuant
to Section 1605(c), USDA hereby issues a national waiver from the
requirements of ARRA Section 1605 for any incidental components of the
type described above that comprise in total a de minimis amount of the
project, specifically, for any such incidental components up to a limit
of no more than 5 percent of the total cost of the materials used in
and incorporated into a project.
Assistance recipients who elect to use this waiver shall, in
consultation with their contractors, determine the items to be covered
by this waiver, retain relevant documentation as to those items in
their project files, and be able to summarize in reports to RHS, if so
requested, the types and/or categories of items to which this waiver is
applied, the total cost of incidental components covered by the waiver
for each type or category, and the calculations by which they
determined the total cost of materials used in and incorporated into
the project.
In using this waiver, assistance recipients must consider that
there may be circumstances where there are multiple types of low-cost
components which, when combined with the incidental components
described above, may total more than 5 percent. Assistance recipients
in such cases will
[[Page 34687]]
have to choose which of these incidental components will be covered by
the waiver and which will not. Components that the recipient is unable
to include within the 5 percent limit of this waiver must comply with
the requirements of Section 1605 of ARRA by appropriate means other
than reliance on this waiver.
This supplementary information constitutes the ``detailed written
justification'' required by Section 1605(c) of ARRA and Section 176.80
of the Office of Management and Budget's rules for waivers of the Buy
American provisions.
Dated: May 6, 2010.
Dallas P. Tonsager,
Under Secretary, Rural Development.
May 11, 2010.
Thomas Vilsack,
Secretary, Department of Agriculture.
[FR Doc. 2010-14812 Filed 6-17-10; 8:45 am]
BILLING CODE 3410-XU-P