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