Notice of a Project Waiver of Section 1605 (Buy American Rquirement) of the American Recovery and Reinvestment Act of 2009 (ARRA) to the Utah Division of Water Quality (UDWQ), 71127-71129 [2010-29403]

Download as PDF Federal Register / Vol. 75, No. 224 / Monday, November 22, 2010 / Notices II. Additional Information About Commenting on the Proposed Consent Decree jlentini on DSKJ8SOYB1PROD with NOTICES A. How can I get a copy of the consent decree? The official public docket for this action (identified by Docket ID No. EPA–HQ–OGC–2010–0942) contains a copy of the proposed consent decree. The official public docket is available for public viewing at the Office of Environmental Information (OEI) Docket in the EPA Docket Center, EPA West, Room 3334, 1301 Constitution Ave., NW., Washington, DC. The EPA Docket Center Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is (202) 566–1744, and the telephone number for the OEI Docket is (202) 566–1752. An electronic version of the public docket is available through https:// www.regulations.gov. You may use https://www.regulations.gov to submit or view public comments, access the index listing of the contents of the official public docket, and to access those documents in the public docket that are available electronically. Once in the system, key in the appropriate docket identification number then select ‘‘search’’. It is important to note that EPA’s policy is that public comments, whether submitted electronically or in paper, will be made available for public viewing online at https:// www.regulations.gov without change, unless the comment contains copyrighted material, CBI, or other information whose disclosure is restricted by statute. Information claimed as CBI and other information whose disclosure is restricted by statute is not included in the official public docket or in the electronic public docket. EPA’s policy is that copyrighted material, including copyrighted material contained in a public comment, will not be placed in EPA’s electronic public docket but will be available only in printed, paper form in the official public docket. Although not all docket materials may be available electronically, you may still access any of the publicly available docket materials through the EPA Docket Center. B. How and to whom do I submit comments? You may submit comments as provided in the ADDRESSES section. Please ensure that your comments are submitted within the specified comment period. Comments received after the VerDate Mar<15>2010 17:49 Nov 19, 2010 Jkt 223001 close of the comment period will be marked ‘‘late.’’ EPA is not required to consider these late comments. If you submit an electronic comment, EPA recommends that you include your name, mailing address, and an e-mail address or other contact information in the body of your comment and with any disk or CD–ROM you submit. This ensures that you can be identified as the submitter of the comment and allows EPA to contact you in case EPA cannot read your comment due to technical difficulties or needs further information on the substance of your comment. Any identifying or contact information provided in the body of a comment will be included as part of the comment that is placed in the official public docket, and made available in EPA’s electronic public docket. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Use of the https://www.regulations.gov website to submit comments to EPA electronically is EPA’s preferred method for receiving comments. The electronic public docket system is an ‘‘anonymous access’’ system, which means EPA will not know your identity, e-mail address, or other contact information unless you provide it in the body of your comment. In contrast to EPA’s electronic public docket, EPA’s electronic mail (e-mail) system is not an ‘‘anonymous access’’ system. If you send an e-mail comment directly to the Docket without going through https://www.regulations.gov, your e-mail address is automatically captured and included as part of the comment that is placed in the official public docket, and made available in EPA’s electronic public docket. Dated: November 12, 2010. Richard B. Ossias, Associate General Counsel. [FR Doc. 2010–29399 Filed 11–19–10; 8:45 am] BILLING CODE 6560–50–P ENVIRONMENTAL PROTECTION AGENCY [FRL–9228–1] Notice of a Project Waiver of Section 1605 (Buy American Rquirement) of the American Recovery and Reinvestment Act of 2009 (ARRA) to the Utah Division of Water Quality (UDWQ) Environmental Protection Agency (EPA). ACTION: Notice. AGENCY: PO 00000 Frm 00061 Fmt 4703 Sfmt 4703 71127 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 the UDWQ for the purchase of coconut fiber (coir) woven mats. 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. These coconut fiber woven mats, which are supplied by Geo Dynamics in Ogden, UT, are manufactured in India and Sri Lanka, and meet the UDWQ’s performance specifications and requirements. The Regional Administrator is making this determination based on the review and recommendations of EPA Region 8’s Technical & Financial Services Unit. The UDWQ 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 coconut fiber woven mats for the East Canyon Stream Restoration Project being implemented by the UDWQ that may otherwise be prohibited under Section 1605(a) of the ARRA. DATES: Effective Date: October 15, 2010. FOR FURTHER INFORMATION CONTACT: Jody Ostendorf, Recovery Act Coordinator, (303) 312–7814, or Brian Friel, SRF Coordinator, (303) 312–6277, Technical & Financial Services Unit, Water Program, Office of Partnerships & Regulatory Assistance, U.S. EPA Region 8, 1595 Wynkoop St., Denver, CO 80202. 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 the UDWQ for the acquisition of coconut fiber woven mats which are manufactured in India and Sri Lanka. 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 SUMMARY: E:\FR\FM\22NON1.SGM 22NON1 jlentini on DSKJ8SOYB1PROD with NOTICES 71128 Federal Register / Vol. 75, No. 224 / Monday, November 22, 2010 / Notices 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. This manufactured good will be used as part of the ‘‘East Canyon Stream Restoration Project,’’ a stream stabilization project in Utah. The UDWQ states that only coconut fiber woven mats meet the specific needs of this project, which are durability, mat size and biodegradability. They indicate that the key characteristics that set coconut fiber woven mats apart from other alternatives are a 4–5 year instream life expectancy followed by 100% biodegradation, and visually unobtrusive properties. UDWQ states that coconut fibers are more durable than straw and other materials used in alternative mat products, and they do not require the incorporation of polypropylene and/or other synthetic products that are not 100% biodegradable. 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 OMB ARRA Buy American Guidance cites the Federal Acquisition Regulation (FAR) as an appropriate reference for availability waiver inquiries. Specifically, the OMB Guidance at § 176.80(a)(1) states (at 77 FR 18452) that ‘‘The determinations of nonavailability of the articles listed at 48 CFR 25.104(a) and the procedures at 48 CFR 25.103(b)(1) also apply if any of those articles are manufactured goods needed in the project. The FAR’s list of nonavailable articles includes ‘‘Fibers of the following types: * * * coir,’’ thereby establishing a presumption of lack of U.S. availability. The FAR procedures at 48 CFR 25.103(b)(1) specified as required in the OMB Guidance state that: (1)(i) A nonavailability determination has been made for the articles listed in 25.104. This determination does not necessarily mean that there is no domestic source for the listed items, but that domestic sources can VerDate Mar<15>2010 17:49 Nov 19, 2010 Jkt 223001 only meet 50 percent or less of total U.S. government and nongovernment demand. (ii) Before acquisition of an article on the list, the procuring agency is responsible to conduct market research appropriate to the circumstances, including seeking of domestic sources. The applicant met the procedures specified for the availability inquiry as appropriate to the circumstances by conducting on-line research and contacting suppliers, and all sources indicated that coconut fiber woven mats are only manufactured outside of the U.S. Therefore, based on the information provided to EPA and to the best of our knowledge at this time, coconut fiber woven mats are not manufactured in the United States, and no other U.S. manufactured product can meet UDWQ’s 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 agencies such as UDWQ 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. EPA’s national contractor prepared a technical assessment report dated September 8, 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. The report confirmed the waiver applicant’s claim that there are no comparable domestic products that can meet the specific durability, size and biodegradation needs of this project. The Technical & Financial Services Unit has reviewed this waiver request and has determined that the supporting documentation provided by the UDWQ 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 PO 00000 Frm 00062 Fmt 4703 Sfmt 4703 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 the UDWQ’s performance specifications and requirements, a waiver from the Buy American requirement is justified. EPA has determined that the UDWQ’s waiver request can be processed as timely even though the request was made after the construction contract was signed. Consistent with the direction of the OMB Guidance at 2 CFR176.120, EPA has evaluated the UDWQ’s request to determine if the request constitutes a late request. EPA will generally regard waiver requests with respect to components that were specified in the bid solicitation or in a general/primary construction contract as ‘‘late’’ if submitted after the contract date. However, in this case EPA has determined that the UDWQ’s request, though requested after the contract date, may be processed as if it were timely. After the contract date, on July 20, 2010, the project manager visited the ARRAfunded Strawberry River Restoration project, which received a waiver for the same coir mat product. The success of that project inspired a re-design of the East Canyon Stream Restoration project to incorporate the identical coir mat product. At that time, the UDWQ realized that they would need a waiver. Accordingly, EPA has evaluated the request as a timely request. 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, the UDWQ is hereby granted a waiver from the Buy American requirements of Section 1605(a) of Public Law 111–5 for the purchase of coconut fiber woven mats using ARRA funds as specified in the UDWQ’s request of July 8, 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. E:\FR\FM\22NON1.SGM 22NON1 71129 Federal Register / Vol. 75, No. 224 / Monday, November 22, 2010 / Notices Dated: October 28, 2010. James B. Martin, Regional Administrator, Region 8. [FR Doc. 2010–29403 Filed 11–19–10; 8:45 am] BILLING CODE 6560–50–P FEDERAL COMMUNICATIONS COMMISSION Notice of Public Information Collection(s) Being Reviewed by the Federal Communications Commission for Extension Under Delegated Authority, Comments Requested November 15, 2010. The Federal Communications Commission, as part of its continuing effort to reduce paperwork burden invites the general public and other Federal agencies to take this opportunity to comment on the following information collection(s), as required by the Paperwork Reduction Act (PRA) of 1995, 44 U.S.C. 3501–3520. Comments are requested concerning: (a) Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; (b) the accuracy of the Commission’s burden estimate; (c) ways to enhance the quality, utility, and clarity of the information collected; and (d) ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology, and (e) ways to further reduce the information collection burden for small business concerns with fewer than 25 employees. The FCC may not conduct or sponsor a collection of information unless it displays a currently valid control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act (PRA) that does not display a currently valid OMB control number. DATES: Written Paperwork Reduction Act (PRA) comments should be submitted on or before January 21, 2011. SUMMARY: If you anticipate that you will be submitting PRA comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the FCC contact listed below as soon as possible. ADDRESSES: Direct all PRA comments to Nicholas A. Fraser, Office of Management and Budget, via fax at 202–395–5167 or via the Internet at Nicholas_A._Fraser@omb.eop.gov and to the Federal Communications Commission via e-mail to PRA@fcc.gov. FOR FURTHER INFORMATION CONTACT: For additional information contact Leslie F. Smith, (202) 418–0217, Leslie.Smith@fcc.gov. SUPPLEMENTARY INFORMATION: OMB Control Number: 3060–0997. Title: Section 52.15(k), Numbering Utilization and Compliance Audit. Form Number: N/A. Type of Review: Extension of a currently approved collection. Respondents: Businesses or other forprofit. Number of Respondents and Responses: 25 respondents; 25 responses. Estimated Time per Response: 33 hours. Frequency of Response: On occasion reporting requirement; Third party disclosure requirement. Obligation to Respond: Mandatory. See 47 U.S.C. 251. Total Annual Burden: 825 hours. Total Annual Cost: $0.00. Privacy Impact Assessment: No impact(s). Nature and Extent of Confidentiality: Commission employees and the independent auditor are prohibited by 47 U.S.C. 220(f) from divulging any fact or information that may come to their knowledge in the course of performing the audit, except as directed by the Commission or a court. Needs and Uses: The audit program, consisting of audit procedures and guidelines, is developed to conduct random audits. The random audits are conducted on the carriers that use numbering resources in order to verify the accuracy of numbering data reported on FCC Form 502, and to monitor compliance with FCC rules, orders and applicable industry guidelines. Failure of the audited carriers to respond to the audits can result in penalties. Based on the final audit report, evidence of potential violations may result in enforcement action. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. 2010–29380 Filed 11–19–10; 8:45 am] BILLING CODE 6712–01–P FEDERAL DEPOSIT INSURANCE CORPORATION Update to Notice of Financial Institutions for Which the Federal Deposit Insurance Corporation Has Been Appointed Either Receiver, Liquidator, or Manager Federal Deposit Insurance Corporation. ACTION: Update listing of financial institutions in liquidation. AGENCY: Notice is hereby given that the Federal Deposit Insurance Corporation (Corporation) has been appointed the sole receiver for the following financial institutions effective as of the Date Closed as indicated in the listing. This list (as updated from time to time in the Federal Register) may be relied upon as ‘‘of record’’ notice that the Corporation has been appointed receiver for purposes of the statement of policy published in the July 2, 1992 issue of the Federal Register (57 FR 29491). For further information concerning the identification of any institutions which have been placed in liquidation, please visit the Corporation Web site at https:// www.fdic.gov/bank/individual/failed/ banklist.html or contact the Manager of Receivership Oversight in the appropriate service center. SUMMARY: Dated: November 15, 2010. Federal Deposit Insurance Corporation. Pamela Johnson, Regulatory Editing Specialist. INSTITUTIONS IN LIQUIDATION [In alphabetical order] jlentini on DSKJ8SOYB1PROD with NOTICES FDIC Ref. No. Bank name City 10311 ....................................... 10312 ....................................... 10313 ....................................... Copper Star Bank ............................................................ Darby Bank & Trust Co. ................................................... Tifton Banking Company .................................................. Scottsdale ........................... Vidalia ................................. Tifton ................................... VerDate Mar<15>2010 17:49 Nov 19, 2010 Jkt 223001 PO 00000 Frm 00063 Fmt 4703 Sfmt 4703 E:\FR\FM\22NON1.SGM 22NON1 State AZ GA GA Date closed 11/12/2010 11/12/2010 11/12/2010

Agencies

[Federal Register Volume 75, Number 224 (Monday, November 22, 2010)]
[Notices]
[Pages 71127-71129]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-29403]


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

ENVIRONMENTAL PROTECTION AGENCY

[FRL-9228-1]


Notice of a Project Waiver of Section 1605 (Buy American 
Rquirement) of the American Recovery and Reinvestment Act of 2009 
(ARRA) to the Utah Division of Water Quality (UDWQ)

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 the UDWQ for the purchase of 
coconut fiber (coir) woven mats. 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. These coconut fiber woven mats, which are supplied by 
Geo Dynamics in Ogden, UT, are manufactured in India and Sri Lanka, and 
meet the UDWQ's performance specifications and requirements. The 
Regional Administrator is making this determination based on the review 
and recommendations of EPA Region 8's Technical & Financial Services 
Unit. The UDWQ 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 
coconut fiber woven mats for the East Canyon Stream Restoration Project 
being implemented by the UDWQ that may otherwise be prohibited under 
Section 1605(a) of the ARRA.

DATES: Effective Date: October 15, 2010.

FOR FURTHER INFORMATION CONTACT: Jody Ostendorf, Recovery Act 
Coordinator, (303) 312-7814, or Brian Friel, SRF Coordinator, (303) 
312-6277, Technical & Financial Services Unit, Water Program, Office of 
Partnerships & Regulatory Assistance, U.S. EPA Region 8, 1595 Wynkoop 
St., Denver, CO 80202.

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 the UDWQ for the acquisition of coconut fiber woven mats 
which are manufactured in India and Sri Lanka.
    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

[[Page 71128]]

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.
    This manufactured good will be used as part of the ``East Canyon 
Stream Restoration Project,'' a stream stabilization project in Utah. 
The UDWQ states that only coconut fiber woven mats meet the specific 
needs of this project, which are durability, mat size and 
biodegradability. They indicate that the key characteristics that set 
coconut fiber woven mats apart from other alternatives are a 4-5 year 
in-stream life expectancy followed by 100% biodegradation, and visually 
unobtrusive properties. UDWQ states that coconut fibers are more 
durable than straw and other materials used in alternative mat 
products, and they do not require the incorporation of polypropylene 
and/or other synthetic products that are not 100% biodegradable.
    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 OMB ARRA Buy American Guidance cites the Federal Acquisition 
Regulation (FAR) as an appropriate reference for availability waiver 
inquiries. Specifically, the OMB Guidance at Sec.  176.80(a)(1) states 
(at 77 FR 18452) that ``The determinations of nonavailability of the 
articles listed at 48 CFR 25.104(a) and the procedures at 48 CFR 
25.103(b)(1) also apply if any of those articles are manufactured goods 
needed in the project. The FAR's list of nonavailable articles includes 
``Fibers of the following types: * * * coir,'' thereby establishing a 
presumption of lack of U.S. availability. The FAR procedures at 48 CFR 
25.103(b)(1) specified as required in the OMB Guidance state that:

    (1)(i) A nonavailability determination has been made for the 
articles listed in 25.104. This determination does not necessarily 
mean that there is no domestic source for the listed items, but that 
domestic sources can only meet 50 percent or less of total U.S. 
government and nongovernment demand. (ii) Before acquisition of an 
article on the list, the procuring agency is responsible to conduct 
market research appropriate to the circumstances, including seeking 
of domestic sources.

    The applicant met the procedures specified for the availability 
inquiry as appropriate to the circumstances by conducting on-line 
research and contacting suppliers, and all sources indicated that 
coconut fiber woven mats are only manufactured outside of the U.S. 
Therefore, based on the information provided to EPA and to the best of 
our knowledge at this time, coconut fiber woven mats are not 
manufactured in the United States, and no other U.S. manufactured 
product can meet UDWQ's 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 agencies such as UDWQ 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.
    EPA's national contractor prepared a technical assessment report 
dated September 8, 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. The report 
confirmed the waiver applicant's claim that there are no comparable 
domestic products that can meet the specific durability, size and 
biodegradation needs of this project.
    The Technical & Financial Services Unit has reviewed this waiver 
request and has determined that the supporting documentation provided 
by the UDWQ 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 the UDWQ's performance 
specifications and requirements, a waiver from the Buy American 
requirement is justified.
    EPA has determined that the UDWQ's waiver request can be processed 
as timely even though the request was made after the construction 
contract was signed. Consistent with the direction of the OMB Guidance 
at 2 CFR176.120, EPA has evaluated the UDWQ's request to determine if 
the request constitutes a late request. EPA will generally regard 
waiver requests with respect to components that were specified in the 
bid solicitation or in a general/primary construction contract as 
``late'' if submitted after the contract date. However, in this case 
EPA has determined that the UDWQ's request, though requested after the 
contract date, may be processed as if it were timely. After the 
contract date, on July 20, 2010, the project manager visited the ARRA-
funded Strawberry River Restoration project, which received a waiver 
for the same coir mat product. The success of that project inspired a 
re-design of the East Canyon Stream Restoration project to incorporate 
the identical coir mat product. At that time, the UDWQ realized that 
they would need a waiver. Accordingly, EPA has evaluated the request as 
a timely request.
    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, the UDWQ 
is hereby granted a waiver from the Buy American requirements of 
Section 1605(a) of Public Law 111-5 for the purchase of coconut fiber 
woven mats using ARRA funds as specified in the UDWQ's request of July 
8, 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.


[[Page 71129]]


    Dated: October 28, 2010.
James B. Martin,
Regional Administrator, Region 8.
[FR Doc. 2010-29403 Filed 11-19-10; 8:45 am]
BILLING CODE 6560-50-P
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