Project Waiver Granted to Custer County, South Dakota for the Purchase of Foreign Manufactured Heating, Ventilation, Air Conditioning (HVAC) Equipment, 48930-48931 [2010-19894]

Download as PDF 48930 Federal Register / Vol. 75, No. 155 / Thursday, August 12, 2010 / Notices (September 29–30, 2010), and conclude at 5 p.m. each day. A public comment period for the AAQTF meeting will be held on September 30, 2010. Individuals making oral presentations should register in person at the AAQTF meeting site and must bring with them fifty copies of any materials they would like distributed. ADDRESSES: The LPAES workshop and the AAQTF meetings will be held on the campus of the U.S. Environmental Protection Agency Headquarters, Room C111 A–B–C, located at 109 TW Alexander Drive, Research Triangle Park, North Carolina 27711; (919) 541– 5400. FOR FURTHER INFORMATION CONTACT: Questions and comments should be directed to Jeff Schmidt, (Acting) Designated Federal Official. Mr. Schmidt may be contacted at the USDA Natural Resources Conservation Service, 420 S State Road 7, Royal Palm Beach, Florida, 33414; (561) 242–5520 x3748; jeff.schmidt@fl.usda.gov. Notice of this meeting is given under the Federal Advisory Committee Act, 5 U.S.C. App. 2. Additional information for the AAQTF meeting may be found on the World Wide Web at http:// www.airquality.nrcs.usda.gov/AAQTF/. Please be advised RSVPs are highly recommended for the LPAES workshop. SUPPLEMENTARY INFORMATION: Signed August 6, 2010, in Washington, DC. Teressa Davis, Rulemaking Manager, Natural Resources Conservation Service. [FR Doc. 2010–19893 Filed 8–11–10; 8:45 am] BILLING CODE 3410–16–P DEPARTMENT OF AGRICULTURE Rural Housing Service Project Waiver Granted to Custer County, South Dakota for the Purchase of Foreign Manufactured Heating, Ventilation, Air Conditioning (HVAC) Equipment Rural Housing Service, USDA. Notice. AGENCY: ACTION: The United States Department of Agriculture (‘‘USDA’’) grants a project waiver of the Buy American Requirements of the American Recovery and Reinvestment Act of 2009 (‘‘ARRA’’), to Custer County, South Dakota (‘‘County’’) for the purchase of foreign manufactured Heating, Ventilation, Air Conditioning (‘‘HVAC’’) equipment for a Courthouse renovation and expansion project because the necessary manufactured goods are not jlentini on DSKJ8SOYB1PROD with NOTICES SUMMARY: VerDate Mar<15>2010 16:22 Aug 11, 2010 Jkt 220001 produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality. This action permits the purchase of a Daikin VRV III HVAC unit and Tempeff Dual Core Technology unit of Japan and Canada respectively. These units address the operational requirement to heat and cool simultaneously, perform very efficiently, and are compatible and adaptable to the space restrictions created by the existing facility. DATES: This action goes into effect August 12, 2010. ADDRESSES: Address all comments concerning this notice to Dallas Tonsager, Under Secretary, Rural Development, U.S. Department of Agriculture, Room 205–W, 1400 Independence Avenue, SW., Washington, DC 20250–0107. FOR FURTHER INFORMATION CONTACT: William Downs, 202–720–1499. SUPPLEMENTARY INFORMATION: In accordance with section 1605 of Public Law 111–5, USDA hereby provides notice that it is granting a project specific waiver of the Buy American Requirements of the ARRA, to Custer Counter, South Dakota for the purchase of HVAC equipment, manufactured by Daikin of Japan and Tempeff of Canada for the Courthouse renovation and expansion project. I. Background Information Section 1605(a) of public law 111–5 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. According to section 1605(b) of Public Law 111–5, a waiver may be granted if the head of the appropriate department or agency, in this case the Secretary of Agriculture, determines that (1) Applying these requirements would be inconsistent with public interest; (2) iron, steel, and 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 manufactured goods produced in the United States will increase the cost of the overall project by more than 25 percent. Custer County has requested a waiver from the Buy American Requirement for the purchase of HVAC equipment suitable for the conditions of the existing facility and the expansion area. The purchase of the new HVAC equipment is intended to provide the specified conditioning for the existing Courthouse renovation and expansion. The estimated cost of the PO 00000 Frm 00010 Fmt 4703 Sfmt 4703 overall improvements to the County’s Courthouse is $5.8 million. In designing the HVAC equipment the designers of record evaluated the various technologies based on the following factors: • The project requirements include addressing the limitations of space for HVAC equipment and the associated accessories. • The project requires a very high efficiency performance for the conditions presented by the region and the requirement for simultaneous heating and cooling. • The project requires a frost resistant operating system. As part of an exhaustive review and search for potentially viable HVAC units, the County and their consultants determined that there is no domestic manufacturer of HVAC equipment that provides the specified performance and technical features required for this project. According to the County, the only HVAC equipment that meets the technical specifications is manufactured only by Daikin and Tempeff, of Japan and Canada respectively. As a result, the County requested a waiver of the ARRA Buy American provisions on the basis of non-availability of a United States manufactured product that will meet the design and performance criteria specified for this HVAC system. II. Non-Availability Finding The Secretary has determined that, based on the information available, and to the best of USDA’s knowledge, there do not appear to be other HVAC systems manufactured in the United States that are available at this time to meet the County’s design specifications and performance requirements for this project. USDA’s technical review team and architects reviewed a memorandum submitted by the County describing the foreign equipment that fits the technical specifications for the HVAC equipment and the process the County followed in adopting the HVAC design. USDA’s technical review team and architects conducted a nationwide review of equipment vendors, manufacturers’ representatives, and associated resources typically relied on by designers of HVAC equipment in order to determine whether there was any HVAC equipment manufactured in the United States that meet the County’s design specifications and performance requirements. The evaluation by USDA’s technical review team and architects supports the County’s claim that a suitable HVAC system which meets the County’s design specifications E:\FR\FM\12AUN1.SGM 12AUN1 Federal Register / Vol. 75, No. 155 / Thursday, August 12, 2010 / Notices and performance requirements for its Courthouse renovation and expansion project is not reasonably available in sufficient commercial quantities of a satisfactory quality that is manufactured in the United States. DEPARTMENT OF AGRICULTURE III. The Waiver Having established a proper basis that this manufactured good was not available from a producer in the United States, the County is hereby granted a waiver from the Buy American requirements. This waiver permits use of ARRA funds for the purchase of the specified Daikin VRV III heat recovery system and Tempeff Dual Core Technology documented in the County’s waiver request submittal dated February 19, 2010, as part of its Courthouse renovation and expansion project. This supplementary information constitutes the detailed written justification required by section 1605(c) of Public Law 111–5 for waivers ‘‘based on a finding under subsection (b).’’ This waiver 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. AGENCY: jlentini on DSKJ8SOYB1PROD with NOTICES IV. Equal Opportunity and NonDiscrimination Requirements The U.S. Department of Agriculture prohibits discrimination in all of its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual’s income is derived from any public assistance program. (Not all prohibited bases apply to all programs). Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA’s TARGET Center at 202–720–2600 (voice and TDD). To file a complaint of discrimination, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW., Washington, DC 20250–9410, or call 800–795–3272 (voice), or 202–720–6382 (TDD). ‘‘USDA is an equal opportunity provider, employer, and lender.’’ Authority: Sec. 1605, Pub. L. 111–5, 123 STAT. 115. Dated: August 5, 2010. Thomas J. Vilsack, Secretary of Agriculture. Foreign Agricultural Service, USDA. ACTION: Notice. The Administrator of the Foreign Agricultural Service (FAS) today accepted and began a review of a petition for trade adjustment assistance filed under the Fiscal Year 2011 program by the Maine State Pomological Society on behalf of apple producers in Maine. The Administrator will determine within 40 days whether increasing imports of apples contributed importantly to a greater than 15-percent decrease in the average annual price of apples compared to the average of the three preceding marketing years. If the determination is affirmative, producers who produce and market apples in Maine will be eligible to apply to the Farm Service Agency for free technical assistance and cash benefits. FOR FURTHER INFORMATION CONTACT: Trade Adjustment Assistance for Farmers Program Staff, FAS, USDA by phone: (202) 720–0638 or (202) 690– 0633; or by e-mail at: tradeadjustment@fas.usda.gov; or visit the TAA for Farmers’ Web site: www.fas.usda.gov/itp/taa. Dated: July 30, 2010. John D. Brewer, Administrator, Foreign Agricultural Service. [FR Doc. 2010–19794 Filed 8–11–10; 8:45 am] BILLING CODE 3410–10–P COMMITTEE FOR THE IMPLEMENTATION OF TEXTILE AGREEMENTS Determination Under the Textile and Apparel Commercial Availability Provision of the Dominican RepublicCentral America-United States Free Trade Agreement (‘‘CAFTA–DR Agreement’’) August 9, 2010. The Committee for the Implementation of Textile Agreements. ACTION: Determination to add a product in unrestricted quantities to Annex 3.25 of the CAFTA–DR Agreement. AGENCY: Effective Date: August 12, 2010. The Committee for the Implementation of Textile Agreements (‘‘CITA’’) has determined that certain woven yarn-dyed fabrics of lyocell and SUMMARY: BILLING CODE 3410–XV–P 16:22 Aug 11, 2010 Trade Adjustment Assistance for Farmers DATES: [FR Doc. 2010–19894 Filed 8–11–10; 8:45 am] VerDate Mar<15>2010 Foreign Agricultural Service Jkt 220001 PO 00000 Frm 00011 Fmt 4703 Sfmt 4703 48931 cotton, as specified below, is not available in commercial quantities in a timely manner in the CAFTA–DR countries. The product will be added to the list in Annex 3.25 of the CAFTA– DR Agreement in unrestricted quantities. FOR FURTHER INFORMATION CONTACT: Maria Dybczak, Office of Textiles and Apparel, U.S. Department of Commerce, (202) 482–3651. For Further Information On-Line: http://web.ita.doc.gov/tacgi/ CaftaReqTrack.nsf under ‘‘Approved Requests,’’ Reference number: 145.2010.07.08.Fabric. SoriniSametforBWA. SUPPLEMENTARY INFORMATION: Authority: The CAFTA–DR Agreement; Section 203(o)(4) of the Dominican Republic-Central AmericaUnited States Free Trade Agreement Implementation Act (‘‘CAFTA–DR Implementation Act’’), Pub. Law 109–53; the Statement of Administrative Action, accompanying the CAFTA–DR Implementation Act; and Presidential Proclamations 7987 (February 28, 2006) and 7996 (March 31, 2006). Background: The CAFTA–DR Agreement provides a list in Annex 3.25 for fabrics, yarns, and fibers that the Parties to the CAFTA–DR Agreement have determined are not available in commercial quantities in a timely manner in the territory of any Party. The CAFTA–DR Agreement provides that this list may be modified pursuant to Article 3.25(4)-(5), when the President of the United States determines that a fabric, yarn, or fiber is not available in commercial quantities in a timely manner in the territory of any Party. See Annex 3.25 of the CAFTA–DR Agreement; see also section 203(o)(4)(C) of the CAFTA–DR Implementation Act. The CAFTA–DR Implementation Act requires the President to establish procedures governing the submission of a request and providing opportunity for interested entities to submit comments and supporting evidence before a commercial availability determination is made. In Presidential Proclamations 7987 and 7996, the President delegated to CITA the authority under section 203(o)(4) of CAFTA–DR Implementation Act for modifying the Annex 3.25 list. Pursuant to this authority, on September 15, 2008, CITA published modified procedures it would follow in considering requests to modify the Annex 3.25 list of products determined to be not commercially available in the territory of any Party to CAFTA–DR (Modifications to Procedures for Considering Requests Under the Commercial Availability Provision of E:\FR\FM\12AUN1.SGM 12AUN1

Agencies

[Federal Register Volume 75, Number 155 (Thursday, August 12, 2010)]
[Notices]
[Pages 48930-48931]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-19894]


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DEPARTMENT OF AGRICULTURE

Rural Housing Service


Project Waiver Granted to Custer County, South Dakota for the 
Purchase of Foreign Manufactured Heating, Ventilation, Air Conditioning 
(HVAC) Equipment

AGENCY: Rural Housing Service, USDA.

ACTION: Notice.

-----------------------------------------------------------------------

SUMMARY: The United States Department of Agriculture (``USDA'') grants 
a project waiver of the Buy American Requirements of the American 
Recovery and Reinvestment Act of 2009 (``ARRA''), to Custer County, 
South Dakota (``County'') for the purchase of foreign manufactured 
Heating, Ventilation, Air Conditioning (``HVAC'') equipment for a 
Courthouse renovation and expansion project because the necessary 
manufactured goods are not produced in the United States in sufficient 
and reasonably available quantities and of a satisfactory quality. This 
action permits the purchase of a Daikin VRV III HVAC unit and Tempeff 
Dual Core Technology unit of Japan and Canada respectively. These units 
address the operational requirement to heat and cool simultaneously, 
perform very efficiently, and are compatible and adaptable to the space 
restrictions created by the existing facility.

DATES: This action goes into effect August 12, 2010.

ADDRESSES: Address all comments concerning this notice to Dallas 
Tonsager, Under Secretary, Rural Development, U.S. Department of 
Agriculture, Room 205-W, 1400 Independence Avenue, SW., Washington, DC 
20250-0107.

FOR FURTHER INFORMATION CONTACT: William Downs, 202-720-1499.

SUPPLEMENTARY INFORMATION: In accordance with section 1605 of Public 
Law 111-5, USDA hereby provides notice that it is granting a project 
specific waiver of the Buy American Requirements of the ARRA, to Custer 
Counter, South Dakota for the purchase of HVAC equipment, manufactured 
by Daikin of Japan and Tempeff of Canada for the Courthouse renovation 
and expansion project.

I. Background Information

    Section 1605(a) of public law 111-5 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. According to section 1605(b) of Public 
Law 111-5, a waiver may be granted if the head of the appropriate 
department or agency, in this case the Secretary of Agriculture, 
determines that (1) Applying these requirements would be inconsistent 
with public interest; (2) iron, steel, and 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 manufactured goods produced in the United States will 
increase the cost of the overall project by more than 25 percent. 
Custer County has requested a waiver from the Buy American Requirement 
for the purchase of HVAC equipment suitable for the conditions of the 
existing facility and the expansion area. The purchase of the new HVAC 
equipment is intended to provide the specified conditioning for the 
existing Courthouse renovation and expansion. The estimated cost of the 
overall improvements to the County's Courthouse is $5.8 million. In 
designing the HVAC equipment the designers of record evaluated the 
various technologies based on the following factors:
     The project requirements include addressing the 
limitations of space for HVAC equipment and the associated accessories.
     The project requires a very high efficiency performance 
for the conditions presented by the region and the requirement for 
simultaneous heating and cooling.
     The project requires a frost resistant operating system.
    As part of an exhaustive review and search for potentially viable 
HVAC units, the County and their consultants determined that there is 
no domestic manufacturer of HVAC equipment that provides the specified 
performance and technical features required for this project.
    According to the County, the only HVAC equipment that meets the 
technical specifications is manufactured only by Daikin and Tempeff, of 
Japan and Canada respectively. As a result, the County requested a 
waiver of the ARRA Buy American provisions on the basis of non-
availability of a United States manufactured product that will meet the 
design and performance criteria specified for this HVAC system.

II. Non-Availability Finding

    The Secretary has determined that, based on the information 
available, and to the best of USDA's knowledge, there do not appear to 
be other HVAC systems manufactured in the United States that are 
available at this time to meet the County's design specifications and 
performance requirements for this project.
    USDA's technical review team and architects reviewed a memorandum 
submitted by the County describing the foreign equipment that fits the 
technical specifications for the HVAC equipment and the process the 
County followed in adopting the HVAC design. USDA's technical review 
team and architects conducted a nationwide review of equipment vendors, 
manufacturers' representatives, and associated resources typically 
relied on by designers of HVAC equipment in order to determine whether 
there was any HVAC equipment manufactured in the United States that 
meet the County's design specifications and performance requirements. 
The evaluation by USDA's technical review team and architects supports 
the County's claim that a suitable HVAC system which meets the County's 
design specifications

[[Page 48931]]

and performance requirements for its Courthouse renovation and 
expansion project is not reasonably available in sufficient commercial 
quantities of a satisfactory quality that is manufactured in the United 
States.

III. The Waiver

    Having established a proper basis that this manufactured good was 
not available from a producer in the United States, the County is 
hereby granted a waiver from the Buy American requirements. This waiver 
permits use of ARRA funds for the purchase of the specified Daikin VRV 
III heat recovery system and Tempeff Dual Core Technology documented in 
the County's waiver request submittal dated February 19, 2010, as part 
of its Courthouse renovation and expansion project. This supplementary 
information constitutes the detailed written justification required by 
section 1605(c) of Public Law 111-5 for waivers ``based on a finding 
under subsection (b).''
    This waiver 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.

IV. Equal Opportunity and Non-Discrimination Requirements

    The U.S. Department of Agriculture prohibits discrimination in all 
of its programs and activities on the basis of race, color, national 
origin, age, disability, and where applicable, sex, marital status, 
parental status, religion, sexual orientation, genetic information, 
political beliefs, reprisal, or because all or part of an individual's 
income is derived from any public assistance program. (Not all 
prohibited bases apply to all programs). Persons with disabilities who 
require alternative means for communication of program information 
(Braille, large print, audiotape, etc.) should contact USDA's TARGET 
Center at 202-720-2600 (voice and TDD). To file a complaint of 
discrimination, write to USDA, Director, Office of Civil Rights, 1400 
Independence Avenue, SW., Washington, DC 20250-9410, or call 800-795-
3272 (voice), or 202-720-6382 (TDD). ``USDA is an equal opportunity 
provider, employer, and lender.''

    Authority: Sec. 1605, Pub. L. 111-5, 123 STAT. 115.

    Dated: August 5, 2010.
Thomas J. Vilsack,
Secretary of Agriculture.
[FR Doc. 2010-19894 Filed 8-11-10; 8:45 am]
BILLING CODE 3410-XV-P