Notice of a Regional Waiver of Section 1605 (Buy American Requirement) of the American Recovery and Reinvestment Act of 2009 (ARRA) to the City of Astoria (the City), OR, 77869-77871 [2010-31335]
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Federal Register / Vol. 75, No. 239 / Tuesday, December 14, 2010 / Notices
to be able to respond to a collection of
information; search data sources;
complete and review the collection of
information; and transmit or otherwise
disclose the information.
Respondents/Affected Entities:
Rubber tire manufacturing.
Estimated Number of Respondents:
41.
Frequency of Response: Initially,
annually, and semiannually.
Estimated Total Annual Hour Burden:
13,323.
Estimated Total Annual Cost:
$1,266,476, which includes $1,250,076
in labor costs, no capital/startup costs,
and $16,400 in operation and
maintenance (O&M) costs.
Changes in the Estimates: There is no
increase in the number of affected
facilities, labor hours, or the number of
responses compared to the previous
ICR.
There is however, an increase in the
estimated labor burden cost as currently
identified in the OMB Inventory of
Approved Burdens. This increase is not
due to any program change. The change
in the labor burden cost estimates has
occurred because we updated the labor
rates, which resulted in an increase in
labor costs. There is also an increase of
$400.00 to the operation and
maintenance (O&M) costs.
Dated: December 7, 2010.
John Moses,
Director, Collection Strategies Division.
in the Federal Register
notice of November 17, 2010.
ADDRESSES
For
technical information contact: William
Wooge, Office of Science Coordination
and Policy, Environmental Protection
Agency, 1200 Pennsylvania Ave., NW.,
Washington, DC 20460–0001; telephone
number: (202) 564–8476; e-mail
address: wooge.william@epa.gov.
For general information contact: The
TSCA–Hotline, ABVI–Goodwill, 422
South Clinton Ave., Rochester, NY
14620; telephone number: (202) 554–
1404; e-mail address: TSCA–
Hotline@epa.gov.
SUPPLEMENTARY INFORMATION: This
document extends the public comment
period established in the Federal
Register notice of November 17, 2010
(75 FR 70248) (FRL–8848–7). In that
notice, EPA announced the second list
of chemicals and substances for which
EPA intends to issue test orders under
EDSP and requested comment. EPA is
hereby extending the comment period,
which was set to end on December 17,
2010, to January 18, 2011.
To submit comments, or access the
docket, please follow the detailed
instructions as provided under
ADDRESSES in the Federal Register
notice of November 17, 2010. If you
have questions, consult the technical
person listed under FOR FURTHER
INFORMATION CONTACT.
FOR FURTHER INFORMATION CONTACT:
List of Subjects
Environmental protection, Chemicals,
Drinking water, Endocrine disruptors,
Pesticides and pests.
[FR Doc. 2010–31342 Filed 12–13–10; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPPT–2009–0477; FRL–8856–5]
Endocrine Disruptor Screening
Program; Second List of Chemicals for
Tier 1 Screening; Extension of
Comment Period
Dated: December 8, 2010.
Stephen A. Owens,
Assistant Administrator, Office of Chemical
Safety and Pollution Prevention.
[FR Doc. 2010–31336 Filed 12–13–10; 8:45 am]
BILLING CODE 6560–50–P
Environmental Protection
Agency (EPA).
ACTION: Notice; extension of comment
period.
ENVIRONMENTAL PROTECTION
AGENCY
EPA published a notice in the
Federal Register issue of November 17,
2010, concerning the Endocrine
Disruptor Screening Program’s (EDSP)
second list of chemicals for Tier 1
screening. This document extends the
comment period from December 17,
2010, to January 18, 2011.
DATES: Comments, identified by docket
identification (ID) number EPA–HQ–
OPPT–2009–0477, must be received on
or before January 18, 2011.
ADDRESSES: Follow the detailed
instructions as provided under
Notice of a Regional Waiver of Section
1605 (Buy American Requirement) of
the American Recovery and
Reinvestment Act of 2009 (ARRA) to
the City of Astoria (the City), OR
AGENCY:
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SUMMARY:
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[FRL–9238–8]
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
The Regional Administrator
of EPA Region 10 is hereby granting a
waiver request from the Buy American
requirements of ARRA Section 1605
under the authority of Section
SUMMARY:
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77869
1605(b)(1) [inconsistent with the public
interest] to the City for the utilization
and installation of one (1) Slide Gate in
the influent control structure and two
(2) Stop Logs/Guides sets in access
manholes as part of an overall
Combined Sewage Overflow (CSO)
control project. 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 City had the
contractual obligation of the contractor
and written verification from the
manufacturer that the Slide Gate and
Stop Logs/Guides would comply with
Buy American requirements and be
produced in a U.S. facility. However,
the contractor observed that the Slide
Gate and Stop Logs/Guides delivered to
the site for installation had ‘‘Made in
Canada’’ labeling. The contractor
confirmed with the manufacturer that
goods were actually manufactured in
Canada, not in the U.S., and shipped to
the project site in error. Due to
contractual requirements, the contractor
and manufacturer will absorb the costs
of the Slide Gate and Stop Logs/Guides.
Re-ordering the Slide Gate and Stop
Logs/Guides and having them
manufactured in a U.S. facility would
delay project completion by at least nine
to ten weeks. Of significant note, the
City has a contractual obligation to the
Oregon Department of Environmental
Quality (DEQ) to begin project testing
and start up by December 1, 2010 in
order for the completed project to
properly control CSOs and provide
water quality protection during the
typical wet weather associated with
December and January, when CSOs are
highest. Based upon information
submitted by the City, EPA has
concluded that requiring the installation
of the domestic manufactured Slide
Gate and Stop Logs/Guides, which
would extend the project schedule by at
least nine to ten weeks, would be
inconsistent with the public interest,
and that a waiver of the Buy American
provisions is justified. The Regional
Administrator is making this
determination based on the review and
recommendations of the Grants and
Strategic Planning Unit. The Assistant
Administrator of the Office of
Administration and Resources
Management has concurred on this
decision to make an exception to the
requirements of Section 1605(a) of
ARRA. This action allows the
installation of the foreign manufactured
Slide Gate and Stop Logs/Guides, as
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Federal Register / Vol. 75, No. 239 / Tuesday, December 14, 2010 / Notices
specified in the City’s October 28, 2010
request.
DATES: Effective Date: December 3, 2010.
FOR FURTHER INFORMATION CONTACT:
Bryan Fiedorczyk, CWSRF ARRA
Program Management Analyst, Grants
and Strategic Planning Unit, Office of
Water & Watersheds (OWW), (206) 553–
0506, U.S. EPA Region 10 (OWW–137),
1200 Sixth Avenue, Suite 900, Seattle,
WA 98101.
SUPPLEMENTARY INFORMATION: In
accordance with ARRA Section 1605(c),
the EPA hereby provides notice that it
is granting a project waiver of the
requirements of Section 1605(a) of
Public Law 111–5, Buy American
requirements, to the City of Astoria,
Oregon for the installation of one (1)
Slide Gate in the influent control
structure and two (2) Stop Logs/Guides
sets in access manholes as part of an
overall Combined Sewage Overflow
(CSO) control project. Based on the
information provided by the City, EPA
has determined that it is inconsistent
with the public interest for the City to
further delay the project and pursue the
purchase of a domestically made Slide
Gate and Stop Logs/Guides.
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, in this case, the EPA. A waiver
may be provided under Section 1605(b)
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.
Consistent with the direction of
OMB’s regulation at 2 CFR 176.120, EPA
will generally consider a waiver request
with respect to components that were
specified in the bid solicitation or in a
general/primary construction contract or
those made after obligating ARRA funds
for a project to be a ‘‘late’’ request.
However, in this case EPA has
determined that the City’s request,
though made after the date the contract
was signed, can be evaluated as timely
because the contractor informed the City
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that due to an oversight, the Slide Gate
and Stop Logs/Guides that were
delivered to the construction site had
been manufactured in a Canadian
facility. The need for a waiver was not
determined until after the contractor
observed and verified the delivery of the
foreign manufactured Slide Gate and
Stop Logs/Guides. The recipient could
not reasonably have foreseen the need
for a determination until informed of
the error. Accordingly, EPA will
evaluate the request as if it were timely.
The City is requesting a waiver of the
Buy American provision for installation
of one (1) Slide Gate in the influent
control structure and two (2) Stop Logs/
Guides sets in access manholes, which
are necessary components of an overall
Combined Sewage Overflow (CSO)
control project. As context, the project
cost is estimated at $8.8 million, of
which $4 million is ARRA funded, and
the Slide Gate and Stop Logs/Guides are
estimated to cost $20,000 or less.
The City’s general contractor
submitted the Slide Gate and Stop Logs/
Guides shop drawings for review by the
City Engineer; there was no indication
in the shop drawings that equipment
would be manufactured in Canada.
Additionally, correspondence from the
manufacturer for the equipment
description proposal and purchase order
were from a U.S. address in New
Hampshire. Finally, in the additional
quotation and delivery conditions, the
manufacturer certified that its quotation
complies with all specifications, which
include ARRA Buy American
requirements. For these reasons, the
City had no reason to suspect that
foreign made goods would be delivered
to the project site.
However, the contractor noticed that
the Slide Gate and Stop Logs/Guides
delivered to the site for installation had
‘‘Made in Canada’’ labeling and verified
with the manufacturer that they were
actually manufactured in Canada, and
not in the U.S. Due to contractual
requirements, the contractor and
manufacturer will absorb the costs of
the Slide Gate and Stop Logs/Guides;
thus, the cost of this equipment will not
be paid by the City. The City, which
could not reasonably foresee the need
for a waiver to the Buy American
provision of the ARRA, immediately
contacted DEQ after they were informed
by the contractor of the delivery
oversight, and submitted a waiver
request (October 29, 2010) after
discussing the necessary course of
action with DEQ and EPA Region 10.
Re-ordering the Slide Gate and Stop
Logs/Guides and having them
manufactured in a U.S. facility would
delay project completion by at least nine
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to ten weeks. Of significant note, the
City has a contractual obligation to DEQ
to begin project testing and start up by
December 1, 2010 in order for the
completed project to properly control
CSOs and provide water quality
protection during the typical wet
weather associated with December and
January, when CSOs are highest.
Furthermore, the purpose of the
ARRA is to stimulate economic recovery
by funding current infrastructure
construction, not to delay or require the
substantial redesign of projects that are
‘‘shovel ready’’, such as this project in
Astoria, Oregon. The implementation of
the ARRA Buy American requirements
in this case would result in an
unreasonable delay in its completion.
Such delay would also directly conflict
with a fundamental economic purpose
of ARRA, which is to create or retain
jobs. More importantly, the imposition
of the Buy American requirement would
result in additional risk to water quality
protection.
The Grants and Strategic Planning
Unit has reviewed this waiver request
and has determined that the supporting
documentation provided by the City
established a proper basis to specify that
using the domestic manufactured good
would be inconsistent with the public
interest of the City of Astoria, Oregon.
The information provided is sufficient
to meet the following criteria listed
under Section 1605(b)(1) of the ARRA
and in the April 28, 2009 Memorandum:
Applying these requirements would be
inconsistent with the public interest.
The March 31, 2009, Delegation of
Authority Memorandum provided
Regional Administrators with the
authority to issue exceptions to Section
1605 of 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 using
a domestically available alternative
manufactured good would be
inconsistent with the public interest, the
City of Astoria, Oregon 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 installation
and utilization of foreign manufactured
Slide Gate and Stop Logs/Guides as
documented in the City’s waiver request
submittal dated October 28, 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.
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Federal Register / Vol. 75, No. 239 / Tuesday, December 14, 2010 / Notices
Issued on: December 3, 2010.
Dennis J. McLerran,
Regional Administrator, EPA, Region 10.
[FR Doc. 2010–31335 Filed 12–13–10; 8:45 am]
BILLING CODE 6560–50–P
EXPORT-IMPORT BANK OF THE U.S.
[Public Notice 2010–0059]
Agency Information Collection
Activities: Final Collection; Comment
Request
Export-Import Bank of the U.S.
Submission for OMB review and
comments request.
AGENCY:
srobinson on DSKHWCL6B1PROD with NOTICES
ACTION:
Form Title: Application for Express
Insurance.
SUMMARY: The Export-Import Bank of
the United States (Ex-Im Bank), as a part
of its continuing effort to reduce
paperwork and respondent burden,
invites the general public and other
Federal Agencies to comment on the
proposed information collection, as
required by the Paperwork Reduction
Act of 1995.
The Application for Express
Insurance will be used to determine the
eligibility of the applicant and the
creditworthiness of one of the
applicant’s foreign buyers for ExportImport Bank assistance under its
insurance program. Export-Import Bank
customers will be able to submit this
form on paper.
This is a new application form for use
by small U.S. businesses with limited
export experience. Companies that are
eligible to use the Express policy will
need to answer approximately 20
questions and sign an acknowledgement
of the certifications that appear on the
reverse of the application form. This
program does not provide discretionary
credit authority to the U.S. exporter, and
therefore the financial and credit
information needs are minimized. This
new form incorporates the recently
updated standard Certification and
Notices section as well as two questions
about the amount of U.S. employment to
be supported by this policy.
Based upon comments received we
have changed the name of this form
from Application for Short-Term
Express Export Credit Insurance Policy
to Application for Express Insurance.
The form can be viewed at https://
www.exim.gov/pub/pending/
EIB10_02.pdf.
Comments should be received on
or before January 13, 2011 to be assured
of consideration.
ADDRESSES: Comments maybe submitted
electronically on https://
DATES:
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17:09 Dec 13, 2010
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www.regulations.gov or by mail to
Office of Information and Regulatory
Affairs, 725 17th Street, NW.,
Washington, DC 20038 attn: OMB 3048–
xxxx.
SUPPLEMENTARY INFORMATION: Titles and
Form Number: EIB 10–02 Application
for Express Insurance.
OMB Number: 3048–xxxx.
Type of Review: New.
Need and Use: The Application for
Express Insurance will be used to
determine the eligibility of the applicant
and the transaction for Export-Import
Bank assistance under its insurance
program.
Annual Number of Respondents: 500.
Estimated Time per Respondent: 15
minutes.
Government Annual Burden Hours:
1,000 hours.
Frequency of Reporting or Use: Once
per year.
Sharon A. Whitt,
Agency Clearance Officer.
[FR Doc. 2010–31303 Filed 12–13–10; 8:45 am]
BILLING CODE 6690–01–P
FEDERAL COMMUNICATIONS
COMMISSION
Notice of Public Information
Collection(s) Being Reviewed by the
Federal Communications Commission,
Comments Requested
December 7, 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; (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 on 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
SUMMARY:
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77871
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 valid OMB control
number.
DATES: Written Paperwork Reduction
Act (PRA) comments should be
submitted on or before January 13, 2011.
If you anticipate that you will be
submitting comments, but find it
difficult to do so within the period of
time allowed by this notice, you should
advise the 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 e-mail to
Nicholas_A._Fraser@omb.eop.gov and
to PRA@fcc.gov and
Cathy.Williams@fcc.gov. Include in the
e-mail the OMB control number of the
collection. If you are unable to submit
your comments by e-mail contact the
person listed below to make alternate
arrangements.
FOR FURTHER INFORMATION CONTACT: For
additional information or copies of the
information collection, contact Cathy
Williams at (202) 418–2918, or via
Internet at Cathy.Williams@fcc.gov, and/
or PRA@fcc.gov. To view a copy of this
information collection request (ICR)
submitted to OMB: (1) Go to the Web
page https://www.reginfo.gov/public/do/
PRAMain, (2) look for the section of the
Web page called ‘‘Currently Under
Review,’’ (3) click on the downwardpointing arrow in the ‘‘Select Agency’’
box below the ‘‘Currently Under
Review’’ heading, (4) select ‘‘Federal
Communications Commission’’ from the
list of agencies presented in the ‘‘Select
Agency’’ box, (5) click the ‘‘Submit’’
button to the right of the ‘‘Select
Agency’’ box, (6) when the list of FCC
ICRs currently under review appears,
look for the OMB control number of this
ICR and then click on the ICR Reference
Number. A copy of the FCC submission
to OMB will be displayed.
SUPPLEMENTARY INFORMATION:
OMB Control Number: 3060–xxxx.
Title: Structure and Practices of the
Video Relay Service Program, CG
Docket No. 10–51.
Form Number: N/A.
Type of Review: New collection.
Respondents: Business or other forprofit entities.
Number of Respondents and
Responses: 13 respondents; 169
responses.
Estimated Time per Response: .017
hours (1 minute average per response).
Frequency of Response: Annual and
monthly reporting requirements.
E:\FR\FM\14DEN1.SGM
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]]>Agencies
[Federal Register Volume 75, Number 239 (Tuesday, December 14, 2010)]
[Notices]
[Pages 77869-77871]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-31335]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-9238-8]
Notice of a Regional Waiver of Section 1605 (Buy American
Requirement) of the American Recovery and Reinvestment Act of 2009
(ARRA) to the City of Astoria (the City), OR
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Regional Administrator of EPA Region 10 is hereby granting
a waiver request from the Buy American requirements of ARRA Section
1605 under the authority of Section 1605(b)(1) [inconsistent with the
public interest] to the City for the utilization and installation of
one (1) Slide Gate in the influent control structure and two (2) Stop
Logs/Guides sets in access manholes as part of an overall Combined
Sewage Overflow (CSO) control project. 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 City had the contractual obligation of the
contractor and written verification from the manufacturer that the
Slide Gate and Stop Logs/Guides would comply with Buy American
requirements and be produced in a U.S. facility. However, the
contractor observed that the Slide Gate and Stop Logs/Guides delivered
to the site for installation had ``Made in Canada'' labeling. The
contractor confirmed with the manufacturer that goods were actually
manufactured in Canada, not in the U.S., and shipped to the project
site in error. Due to contractual requirements, the contractor and
manufacturer will absorb the costs of the Slide Gate and Stop Logs/
Guides. Re-ordering the Slide Gate and Stop Logs/Guides and having them
manufactured in a U.S. facility would delay project completion by at
least nine to ten weeks. Of significant note, the City has a
contractual obligation to the Oregon Department of Environmental
Quality (DEQ) to begin project testing and start up by December 1, 2010
in order for the completed project to properly control CSOs and provide
water quality protection during the typical wet weather associated with
December and January, when CSOs are highest. Based upon information
submitted by the City, EPA has concluded that requiring the
installation of the domestic manufactured Slide Gate and Stop Logs/
Guides, which would extend the project schedule by at least nine to ten
weeks, would be inconsistent with the public interest, and that a
waiver of the Buy American provisions is justified. The Regional
Administrator is making this determination based on the review and
recommendations of the Grants and Strategic Planning Unit. The
Assistant Administrator of the Office of Administration and Resources
Management has concurred on this decision to make an exception to the
requirements of Section 1605(a) of ARRA. This action allows the
installation of the foreign manufactured Slide Gate and Stop Logs/
Guides, as
[[Page 77870]]
specified in the City's October 28, 2010 request.
DATES: Effective Date: December 3, 2010.
FOR FURTHER INFORMATION CONTACT: Bryan Fiedorczyk, CWSRF ARRA Program
Management Analyst, Grants and Strategic Planning Unit, Office of Water
& Watersheds (OWW), (206) 553-0506, U.S. EPA Region 10 (OWW-137), 1200
Sixth Avenue, Suite 900, Seattle, WA 98101.
SUPPLEMENTARY INFORMATION: In accordance with ARRA Section 1605(c), the
EPA hereby provides notice that it is granting a project waiver of the
requirements of Section 1605(a) of Public Law 111-5, Buy American
requirements, to the City of Astoria, Oregon for the installation of
one (1) Slide Gate in the influent control structure and two (2) Stop
Logs/Guides sets in access manholes as part of an overall Combined
Sewage Overflow (CSO) control project. Based on the information
provided by the City, EPA has determined that it is inconsistent with
the public interest for the City to further delay the project and
pursue the purchase of a domestically made Slide Gate and Stop Logs/
Guides.
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, in this case, the EPA. A waiver may
be provided under Section 1605(b) 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.
Consistent with the direction of OMB's regulation at 2 CFR 176.120,
EPA will generally consider a waiver request with respect to components
that were specified in the bid solicitation or in a general/primary
construction contract or those made after obligating ARRA funds for a
project to be a ``late'' request. However, in this case EPA has
determined that the City's request, though made after the date the
contract was signed, can be evaluated as timely because the contractor
informed the City that due to an oversight, the Slide Gate and Stop
Logs/Guides that were delivered to the construction site had been
manufactured in a Canadian facility. The need for a waiver was not
determined until after the contractor observed and verified the
delivery of the foreign manufactured Slide Gate and Stop Logs/Guides.
The recipient could not reasonably have foreseen the need for a
determination until informed of the error. Accordingly, EPA will
evaluate the request as if it were timely.
The City is requesting a waiver of the Buy American provision for
installation of one (1) Slide Gate in the influent control structure
and two (2) Stop Logs/Guides sets in access manholes, which are
necessary components of an overall Combined Sewage Overflow (CSO)
control project. As context, the project cost is estimated at $8.8
million, of which $4 million is ARRA funded, and the Slide Gate and
Stop Logs/Guides are estimated to cost $20,000 or less.
The City's general contractor submitted the Slide Gate and Stop
Logs/Guides shop drawings for review by the City Engineer; there was no
indication in the shop drawings that equipment would be manufactured in
Canada. Additionally, correspondence from the manufacturer for the
equipment description proposal and purchase order were from a U.S.
address in New Hampshire. Finally, in the additional quotation and
delivery conditions, the manufacturer certified that its quotation
complies with all specifications, which include ARRA Buy American
requirements. For these reasons, the City had no reason to suspect that
foreign made goods would be delivered to the project site.
However, the contractor noticed that the Slide Gate and Stop Logs/
Guides delivered to the site for installation had ``Made in Canada''
labeling and verified with the manufacturer that they were actually
manufactured in Canada, and not in the U.S. Due to contractual
requirements, the contractor and manufacturer will absorb the costs of
the Slide Gate and Stop Logs/Guides; thus, the cost of this equipment
will not be paid by the City. The City, which could not reasonably
foresee the need for a waiver to the Buy American provision of the
ARRA, immediately contacted DEQ after they were informed by the
contractor of the delivery oversight, and submitted a waiver request
(October 29, 2010) after discussing the necessary course of action with
DEQ and EPA Region 10.
Re-ordering the Slide Gate and Stop Logs/Guides and having them
manufactured in a U.S. facility would delay project completion by at
least nine to ten weeks. Of significant note, the City has a
contractual obligation to DEQ to begin project testing and start up by
December 1, 2010 in order for the completed project to properly control
CSOs and provide water quality protection during the typical wet
weather associated with December and January, when CSOs are highest.
Furthermore, the purpose of the ARRA is to stimulate economic
recovery by funding current infrastructure construction, not to delay
or require the substantial redesign of projects that are ``shovel
ready'', such as this project in Astoria, Oregon. The implementation of
the ARRA Buy American requirements in this case would result in an
unreasonable delay in its completion. Such delay would also directly
conflict with a fundamental economic purpose of ARRA, which is to
create or retain jobs. More importantly, the imposition of the Buy
American requirement would result in additional risk to water quality
protection.
The Grants and Strategic Planning Unit has reviewed this waiver
request and has determined that the supporting documentation provided
by the City established a proper basis to specify that using the
domestic manufactured good would be inconsistent with the public
interest of the City of Astoria, Oregon. The information provided is
sufficient to meet the following criteria listed under Section
1605(b)(1) of the ARRA and in the April 28, 2009 Memorandum: Applying
these requirements would be inconsistent with the public interest.
The March 31, 2009, Delegation of Authority Memorandum provided
Regional Administrators with the authority to issue exceptions to
Section 1605 of 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 using a domestically available
alternative manufactured good would be inconsistent with the public
interest, the City of Astoria, Oregon 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 installation and
utilization of foreign manufactured Slide Gate and Stop Logs/Guides as
documented in the City's waiver request submittal dated October 28,
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.
[[Page 77871]]
Issued on: December 3, 2010.
Dennis J. McLerran,
Regional Administrator, EPA, Region 10.
[FR Doc. 2010-31335 Filed 12-13-10; 8:45 am]
BILLING CODE 6560-50-P
