Notice of a Regional Project Waiver of Section 1605 (Buy American) of the American Recovery and Reinvestment Act of 2009 (ARRA) to the Central Iowa Water Association, 76728-76729 [2010-30971]
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Federal Register / Vol. 75, No. 236 / Thursday, December 9, 2010 / Notices
888 First Street, NE., Washington, DC
20426.
The filings in the above-referenced
proceeding are accessible in the
Commission’s eLibrary system by
clicking on the appropriate link in the
above list. They are also available for
review in the Commission’s Public
Reference Room in Washington, DC.
There is an eSubscription link on the
Web site that enables subscribers to
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document is added to a subscribed
docket(s). For assistance with any FERC
Online service, please e-mail
FERCOnlineSupport@ferc.gov. or call
(866) 208–3676 (toll free). For TTY, call
(202) 502–8659.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2010–30936 Filed 12–8–10; 8:45 am]
BILLING CODE 6717–01–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–R07–OW–2010–0898; FRL–9236–7]
Notice of a Regional Project Waiver of
Section 1605 (Buy American) of the
American Recovery and Reinvestment
Act of 2009 (ARRA) to the Central Iowa
Water Association
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
EPA is hereby granting a
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 in
sufficient and reasonably available
quantities and of a satisfactory quality]
to the Central Iowa Water Association
(CIWA) for the purchase of ORION
Water Meter Monitor with Leak
Detection Indicator in-home water meter
monitors manufactured in Malaysia by
Eastech, Inc., under license from Badger
Meter, Inc., located in Milwaukee,
Wisconsin. This is a project specific
waiver and 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. The waiver applicant
states that the Badger in-home water
meter monitors are the only devices that
are compatible with the water meter
heads installed by the CIWA. The
Regional Administrator is making this
determination based on the review and
recommendations of the Drinking Water
erowe on DSK5CLS3C1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
15:35 Dec 08, 2010
Jkt 223001
State Revolving Fund (DWSRF) staff.
CIWA has provided sufficient
documentation to support their waiver
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.
DATES: Effective Date: November 30,
2010.
FOR FURTHER INFORMATION CONTACT:
Christopher Simmons, Environmental
Engineer, Water Wetlands and
Pesticides Division (WWPD),
Environmental Protection Agency,
Region 7, 901 N. 5th Street, Kansas City,
KS 66101, telephone number (913) 551–
7237; e-mail address:
simmons.christopher@epa.gov.
SUPPLEMENTARY INFORMATION: In
accordance with ARRA Section 1605(c),
EPA hereby provides notice that we are
granting a project waiver of the
requirements of Section 1605(a) of
Public Law 111–5, Buy American
requirements, to the Central Iowa Water
Association for the purchase of a nondomestically manufactured ORION
Water Meter Monitor with Leak
Detection Indicator in-home water meter
monitors manufactured in Malaysia by
Eastech, Inc., under license from Badger
Meter, Inc., located in Milwaukee,
Wisconsin, to meet CIWA’s project
specifications.
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 a public works project
unless all of the iron, steel, and
manufactured goods used in the project
is produced in the United States, or
unless a waiver is provided to the
recipient by the head of the appropriate
agency, here the EPA. A waiver may be
provided if EPA determines that (1)
applying these requirements would be
inconsistent with the public interest; (2)
iron, steel, and the relevant
manufactured goods are not produced in
the United States in sufficient and
reasonably available quantities and of a
satisfactory quality; or (3) inclusion of
iron, steel, and the relevant
manufactured goods produced in the
United States will increase the cost of
the overall project by more than 25
percent.
The CIWA drinking water
improvement project is proposing the
use of a non-domestically manufactured
water meter monitor. This project will
improve efficiency and promote water
conservation by providing customers
with a single meter reading platform
and in-home monitoring devices.
Residential water meters have been
PO 00000
Frm 00034
Fmt 4703
Sfmt 4703
supplied and utilized by Sensus since
the late 1970’s. The current Sensus
water meters are now aged and obsolete.
The Sensus meter technology has been
discontinued and an in home
monitoring unit is not available for the
North American market.
The Drinking Water State Revolving
Fund (DWSRF) staff has reviewed this
waiver request and has determined that
the supporting documentation provided
by the CIWA establishes both a proper
basis to specify a particular
manufactured good, and that there is no
domestic manufactured good currently
available. The information provided is
sufficient to meet the following criteria
listed under Section 1605(b) of the
ARRA and in the April 28, 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.
EPA has also evaluated CIWA’s
request to determine if its submission is
considered late or if it could be
considered timely, as per the OMB
Guidance at CFR 176.120. 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, EPA could also
determine that a request be evaluated as
timely, though made after the date that
the contract was signed, if the need for
a waiver was not reasonably foreseeable.
If the need for a waiver is reasonably
foreseeable, then EPA could still apply
discretion in these late cases as per the
OMB Guidance, which says ‘‘the award
official may deny the request.’’ For those
waiver requests that do not have a
reasonably unforeseeable basis for
lateness, but for which the waiver basis
is valid and there is no apparent gain by
the ARRA recipient or loss on behalf of
the government, then EPA will still
consider granting a waiver.
In this case, CIWA’s waiver request
indicates that the Badger in-home water
meter monitors are the only devices
compatible with the Badger meter
transmitter system and that no other
water meter monitors are capable of
meeting satisfactory quality to meet the
technical specifications. The existing
installed Sensus meter technology has
been discontinued and Sensus has
indicated that an equivalent in home
monitoring unit is not available from
Sensus for the North American market
at this time. CIWA was not informed
that the water meter monitor was not
American made until the point of
signing a final purchase agreement, after
the contract was signed. There is no
E:\FR\FM\09DEN1.SGM
09DEN1
erowe on DSK5CLS3C1PROD with NOTICES
Federal Register / Vol. 75, No. 236 / Thursday, December 9, 2010 / Notices
indication that CIWA failed to request a
waiver in order to avoid the
requirements of the ARRA, particularly
since there are no domestically
manufactured products available that
meet the project specifications.
Therefore, EPA will consider CIWA’s
waiver request, a foreseeable late
request, as though it had been timely
made since there is no gain by CIWA
and no loss by the government due to
the late request.
Furthermore, the purpose of the
ARRA is to stimulate economic recovery
by funding current infrastructure
construction, not to delay projects that
are ‘‘shovel ready’’ by requiring potential
SRF eligible recipients, such as the
Central Iowa Water Association to revise
their design standards and
specifications as well as their
construction schedule. There are no
domestic manufacturers that can
provide a compatible water meter
monitor that meets the specifications of
this drinking water improvement
project. To delay this construction
would directly conflict with a
fundamental economic purpose of
ARRA, which is to create or retain jobs.
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’ ’’
(‘‘Memorandum’’), 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 same Memorandum
defines ‘‘satisfactory quality’’ as ‘‘the
quality of steel, iron or manufactured
good specified in the project plans and
designs.’’
The March 31, 2009 Delegation of
Authority Memorandum provided
Regional Administrators with the
temporary 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 CIWA is hereby granted a waiver
from the Buy American requirements of
Section 1605(a) of Public Law 111–5.
This waiver permits use of ARRA funds
for the purchase of a non-domestic
manufactured ORION Water Meter
Monitors with Leak Detection Indicator
documented in the CIWA’s waiver
request submittal dated June 24, 2010.
VerDate Mar<15>2010
15:35 Dec 08, 2010
Jkt 223001
This supplementary information
constitutes the detailed written
justification required by Section 1605(c)
for waivers based on a finding under
subsection (b).
Authority: Public Law 111–5, section
1605.
Dated: November 30, 2010.
Karl Brooks,
Regional Administrator, Region 7.
[FR Doc. 2010–30971 Filed 12–8–10; 8:45 am]
BILLING CODE 6560–50–P
FARM CREDIT ADMINISTRATION
Market Access Agreement
Farm Credit Administration.
Notice of approval of the draft
amendment to the amended and
restated market access agreement.
AGENCY:
ACTION:
The Farm Credit
Administration (FCA or we) announces
its approval of the draft amendment to
the Amended and Restated Market
Access Agreement (MAA) proposed to
be entered into by all of the banks of the
Farm Credit System (System) and the
Federal Farm Credit Banks Funding
Corporation (Funding Corporation). The
MAA sets forth the rights and
responsibilities of each of the parties
when the condition of a bank falls
below pre-established financial
performance thresholds. The draft
amendment (MAA Amendment) is
intended to conform the MAA to the
Joint and Several Liability Reallocation
Agreement (Reallocation Agreement).
FOR FURTHER INFORMATION CONTACT:
Chris Wilson, Financial Analyst, Office
of Regulatory Policy, Farm Credit
Administration, McLean, VA 22102–
5090, (703) 883–4204, TTY (703) 883–
4434, or Rebecca S. Orlich, Senior
Counsel, Office of General Counsel,
Farm Credit Administration, McLean,
VA 22102–5090, (703) 883–4020, TTY
(703) 883–4020.
SUPPLEMENTARY INFORMATION: On August
18, 2010, the FCA published for
comment a proposed Reallocation
Agreement to be entered into by all of
the banks of the System and the
Funding Corporation (75 FR 51061). The
Reallocation Agreement is designed to
establish a procedure for non-defaulting
banks to pay maturing System-wide
debt on behalf of defaulting banks prior
to a statutory joint and several call by
the FCA. We received no comments on
the proposal and approved it without
modifications. The FCA’s approval was
published in the Federal Register on
October 20, 2010 (75 FR 64727).
SUMMARY:
PO 00000
Frm 00035
Fmt 4703
Sfmt 4703
76729
In the supplementary information we
provided when we published the
proposal for public comment, the FCA
stated that the System banks and the
Funding Corporation intended also to
make conforming changes to the MAA
to ensure that the MAA provisions did
not impede operation of the
Reallocation Agreement. The FCA stated
further that, should the Agency approve
the Reallocation Agreement, it expected
also to approve the conforming MAA
Amendment and would publish it in the
Federal Register.
The FCA published the current MAA
in its entirety in the Federal Register on
January 15, 2003 (68 FR 2037). The
current MAA establishes certain
financial thresholds at which conditions
are placed on the activities of a bank or
a bank’s access to participation in
System-wide and consolidated
obligations is restricted. The MAA
establishes three categories, which are
based on each bank’s net collateral ratio,
permanent capital ratio, and scores
under the Contractual Inter-bank
Performance Agreement, which is an
agreement among the System banks and
the Funding Corporation that
establishes certain financial
performance criteria.
Under the MAA, as a bank’s financial
condition declines, the bank moves into
Category I, then Category II, and finally
Category III. When a bank reaches
Category I, it is required to provide
certain additional information,
including information as to how it will
improve its financial condition, to the
Monitoring and Advisory Committee, a
committee of bank and Funding
Corporation representatives established
under the MAA. When a bank reaches
Category II, in addition to being
required to provide additional
information, the bank is limited to
joining in the issuance of System-wide
and consolidated obligations only in
those amounts necessary for the bank to
be able to roll over its maturing debt.
When the bank reaches Category III, the
bank is precluded from joining in the
issuance of System-wide and
consolidated obligations.
The MAA includes provisions that
enable a bank in Category II or III to
request the opportunity to continue its
access to the market. The MAA also
provides that the FCA may override a
decision to impose Category III
prohibitions on access to the market for
a period of 60 days, which may be
renewed for an additional 60-day
period.
The MAA Amendment adds new
sections 4.05, 5.05, and 7.23 to the
MAA. The MAA Amendment provides
that, in a circumstance where the joint
E:\FR\FM\09DEN1.SGM
09DEN1
]]>Agencies
[Federal Register Volume 75, Number 236 (Thursday, December 9, 2010)]
[Notices]
[Pages 76728-76729]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-30971]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-R07-OW-2010-0898; FRL-9236-7]
Notice of a Regional Project Waiver of Section 1605 (Buy
American) of the American Recovery and Reinvestment Act of 2009 (ARRA)
to the Central Iowa Water Association
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: EPA is hereby granting a 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 in
sufficient and reasonably available quantities and of a satisfactory
quality] to the Central Iowa Water Association (CIWA) for the purchase
of ORION Water Meter Monitor with Leak Detection Indicator in-home
water meter monitors manufactured in Malaysia by Eastech, Inc., under
license from Badger Meter, Inc., located in Milwaukee, Wisconsin. This
is a project specific waiver and 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. The waiver applicant
states that the Badger in-home water meter monitors are the only
devices that are compatible with the water meter heads installed by the
CIWA. The Regional Administrator is making this determination based on
the review and recommendations of the Drinking Water State Revolving
Fund (DWSRF) staff. CIWA has provided sufficient documentation to
support their waiver 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.
DATES: Effective Date: November 30, 2010.
FOR FURTHER INFORMATION CONTACT: Christopher Simmons, Environmental
Engineer, Water Wetlands and Pesticides Division (WWPD), Environmental
Protection Agency, Region 7, 901 N. 5th Street, Kansas City, KS 66101,
telephone number (913) 551-7237; e-mail address:
simmons.christopher@epa.gov.
SUPPLEMENTARY INFORMATION: In accordance with ARRA Section 1605(c), EPA
hereby provides notice that we are granting a project waiver of the
requirements of Section 1605(a) of Public Law 111-5, Buy American
requirements, to the Central Iowa Water Association for the purchase of
a non-domestically manufactured ORION Water Meter Monitor with Leak
Detection Indicator in-home water meter monitors manufactured in
Malaysia by Eastech, Inc., under license from Badger Meter, Inc.,
located in Milwaukee, Wisconsin, to meet CIWA's project specifications.
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 a public works project unless all of the
iron, steel, and manufactured goods used in the project is produced in
the United States, or unless a waiver is provided to the recipient by
the head of the appropriate agency, here the EPA. A waiver may be
provided if EPA determines that (1) applying these requirements would
be inconsistent with the public interest; (2) iron, steel, and the
relevant manufactured goods are not produced in the United States in
sufficient and reasonably available quantities and of a satisfactory
quality; or (3) inclusion of iron, steel, and the relevant manufactured
goods produced in the United States will increase the cost of the
overall project by more than 25 percent.
The CIWA drinking water improvement project is proposing the use of
a non-domestically manufactured water meter monitor. This project will
improve efficiency and promote water conservation by providing
customers with a single meter reading platform and in-home monitoring
devices. Residential water meters have been supplied and utilized by
Sensus since the late 1970's. The current Sensus water meters are now
aged and obsolete. The Sensus meter technology has been discontinued
and an in home monitoring unit is not available for the North American
market.
The Drinking Water State Revolving Fund (DWSRF) staff has reviewed
this waiver request and has determined that the supporting
documentation provided by the CIWA establishes both a proper basis to
specify a particular manufactured good, and that there is no domestic
manufactured good currently available. The information provided is
sufficient to meet the following criteria listed under Section 1605(b)
of the ARRA and in the April 28, 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.
EPA has also evaluated CIWA's request to determine if its
submission is considered late or if it could be considered timely, as
per the OMB Guidance at CFR 176.120. 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, EPA could also determine
that a request be evaluated as timely, though made after the date that
the contract was signed, if the need for a waiver was not reasonably
foreseeable. If the need for a waiver is reasonably foreseeable, then
EPA could still apply discretion in these late cases as per the OMB
Guidance, which says ``the award official may deny the request.'' For
those waiver requests that do not have a reasonably unforeseeable basis
for lateness, but for which the waiver basis is valid and there is no
apparent gain by the ARRA recipient or loss on behalf of the
government, then EPA will still consider granting a waiver.
In this case, CIWA's waiver request indicates that the Badger in-
home water meter monitors are the only devices compatible with the
Badger meter transmitter system and that no other water meter monitors
are capable of meeting satisfactory quality to meet the technical
specifications. The existing installed Sensus meter technology has been
discontinued and Sensus has indicated that an equivalent in home
monitoring unit is not available from Sensus for the North American
market at this time. CIWA was not informed that the water meter monitor
was not American made until the point of signing a final purchase
agreement, after the contract was signed. There is no
[[Page 76729]]
indication that CIWA failed to request a waiver in order to avoid the
requirements of the ARRA, particularly since there are no domestically
manufactured products available that meet the project specifications.
Therefore, EPA will consider CIWA's waiver request, a foreseeable late
request, as though it had been timely made since there is no gain by
CIWA and no loss by the government due to the late request.
Furthermore, the purpose of the ARRA is to stimulate economic
recovery by funding current infrastructure construction, not to delay
projects that are ``shovel ready'' by requiring potential SRF eligible
recipients, such as the Central Iowa Water Association to revise their
design standards and specifications as well as their construction
schedule. There are no domestic manufacturers that can provide a
compatible water meter monitor that meets the specifications of this
drinking water improvement project. To delay this construction would
directly conflict with a fundamental economic purpose of ARRA, which is
to create or retain jobs.
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' '' (``Memorandum''), 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 same Memorandum defines
``satisfactory quality'' as ``the quality of steel, iron or
manufactured good specified in the project plans and designs.''
The March 31, 2009 Delegation of Authority Memorandum provided
Regional Administrators with the temporary 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 CIWA is hereby
granted a waiver from the Buy American requirements of Section 1605(a)
of Public Law 111-5. This waiver permits use of ARRA funds for the
purchase of a non-domestic manufactured ORION Water Meter Monitors with
Leak Detection Indicator documented in the CIWA's waiver request
submittal dated June 24, 2010. This supplementary information
constitutes the detailed written justification required by Section
1605(c) for waivers based on a finding under subsection (b).
Authority: Public Law 111-5, section 1605.
Dated: November 30, 2010.
Karl Brooks,
Regional Administrator, Region 7.
[FR Doc. 2010-30971 Filed 12-8-10; 8:45 am]
BILLING CODE 6560-50-P
