Notice of Nationwide Waiver of Section 1605 (Buy American Requirement) of the American Recovery and Reinvestment Act of 2009 (ARRA) for the Use of Small Horsepower Vertical Hollow Shaft Electric Motors (Less Than 40 Horsepower) for Projects Financed Through the Clean or Drinking Water State Revolving Funds Using Assistance Provided Under ARRA, 785-787 [2011-19]
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Federal Register / Vol. 76, No. 4 / Thursday, January 6, 2011 / Notices
the pin number serves as a signature by
the authorizing official. A certification
form also may be printed from the Web
site, and signed by the authorizing
official and mailed to the Governments
Division of the Bureau of the Census, at
the address listed in the previous
paragraph. This signed form must be
mailed within five business days of Web
form data submission.
Alternatively, SEAs may hand-deliver
submissions by 4:00 p.m. (Eastern Time)
to: Governments Division, Bureau of the
Census, 4600 Silver Hill Road, Suitland,
MD 20746.
If an SEA’s submission is received by
the Bureau of the Census after
September 6, 2011, in order for the
submission to be accepted the SEA must
show one of the following as proof that
the submission was mailed on or before
the mandatory deadline date:
1. A legibly dated U.S. Postal Service
postmark.
2. A legible mail receipt with the date
of mailing stamped by the U.S. Postal
Service.
3. A dated shipping label, invoice, or
receipt from a commercial carrier.
4. Any other proof of mailing
acceptable to the Secretary.
If the SEA mails ED Form 2447
through the U.S. Postal Service, the
Secretary does not accept either of the
following as proof of mailing:
1. A private metered postmark.
2. A mail receipt that is not dated by
the U.S. Postal Service.
Note: The U.S. Postal Service does not
uniformly provide a dated postmark. Before
relying on this method, an SEA should check
with its local post office.
Ms.
Terri Kennerly, Chief, Bureau of the
Census, Attention: Governments
Division, Washington, DC 20233–6800.
Telephone: (301) 763–1559. If you use a
telecommunications device for the deaf
(TDD), call the Federal Relay Service
(FRS), toll free, at 1–800–877–8339.
Individuals with disabilities may
obtain this document in an accessible
format (e.g., Braille, large print,
audiotape, or computer diskette) on
request to: Frank Johnson, National
Center for Education Statistics, Institute
of Education Sciences, U.S. Department
of Education, Washington, DC 20208–
5651. Telephone: (202) 502–7362.
SUPPLEMENTARY INFORMATION: Under the
authority of section 153(a)(1)(I) of the
Education Sciences Reform Act of 2002,
20 U.S.C. 9543, which authorizes NCES
to gather data on the financing of
education, NCES collects data annually
from SEAs through ED Form 2447. The
report from SEAs includes attendance,
revenue, and expenditure data from
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FOR FURTHER INFORMATION CONTACT:
VerDate Mar<15>2010
15:07 Jan 05, 2011
Jkt 223001
which NCES determines the average
State per-pupil expenditure (SPPE) for
elementary and secondary education, as
defined in section 9101(2) of the
Elementary and Secondary Education
Act of 1965, as amended (ESEA) (20
U.S.C. 7801(2)).
In addition to utilizing the SPPE data
as general information on the financing
of elementary and secondary education,
the Secretary uses these data directly in
calculating allocations for certain
formula grant programs, including, but
not limited to, Title I, Part A of the
ESEA, Impact Aid, and Indian
Education programs. Other programs,
such as the Educational Technology
State Grants program (Title II, Part D of
the ESEA), the Education for Homeless
Children and Youth Program under
Title VII of the McKinney-Vento
Homeless Assistance Act, and the
Teacher Quality State Grants program
(Title II, Part A of the ESEA), make use
of SPPE data indirectly because their
formulas are based, in whole or in part,
on State Title I, Part A allocations.
In February 2011, the Bureau of the
Census, acting as the data collection
agent for NCES, will e-mail to SEAs ED
Form 2447 with instructions and
request that SEAs submit data to the
Bureau of the Census on March 15,
2011, or as soon as possible thereafter.
SEAs are urged to submit accurate and
complete data on March 15, or as soon
as possible thereafter, to facilitate timely
processing. Submissions by SEAs to the
Bureau of the Census will be checked
for accuracy and returned to each SEA
for verification. All data, including any
revisions, must be submitted to the
Bureau of the Census by an SEA not
later than September 6, 2011.
Having accurate and consistent
information on time is critical to an
efficient and fair allocation process and
to the NCES statistical process. To
ensure timely distribution of Federal
education funds based on the best, most
accurate data available, NCES
establishes, for allocation purposes,
September 6, 2011, as the final date by
which the NPEFS Web form or ED Form
2447 must be submitted. If an SEA
submits revised data after the final
deadline that result in a lower SPPE
figure, its allocations may be adjusted
downward or the Department may
direct the SEA to return funds. SEAs
should be aware that all of these data
are subject to audit and that, if any
inaccuracies are discovered in the audit
process, the Department may seek
recovery of overpayments for the
applicable programs. If an SEA submits
revised data after September 6, 2011, the
data also may be received too late to be
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785
included in the final NCES published
dataset.
Electronic Access to This Document:
You may view this document, as well as
all other documents of this Department
published in the Federal Register, in
text or Adobe Portable Document
Format (PDF) on the Internet at the
following site: https://www.ed.gov/news/
fedregister.
To use PDF you must have Adobe
Acrobat Reader, which is available free
at this site.
Note: The official version of this document
is the document published in the Federal
Register. Free Internet access to the official
edition of the Federal Register and the Code
of Federal Regulations is available on GPO
Access at: https://www.gpoaccess.gov/nara/
index.html.
Authority: 20 U.S.C. 9543.
Dated: January 3, 2011.
John Q. Easton,
Director, Institute of Education Sciences.
[FR Doc. 2011–27 Filed 1–5–11; 8:45 am]
BILLING CODE 4000–01–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–9249–1]
Notice of Nationwide Waiver of Section
1605 (Buy American Requirement) of
the American Recovery and
Reinvestment Act of 2009 (ARRA) for
the Use of Small Horsepower Vertical
Hollow Shaft Electric Motors (Less
Than 40 Horsepower) for Projects
Financed Through the Clean or
Drinking Water State Revolving Funds
Using Assistance Provided Under
ARRA
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
The EPA is hereby granting a
nationwide 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]
for small-horsepower (HP) vertical
hollow shaft (VHS) electric motors (less
than 40 HP). This nationwide waiver
applies to the use of the specified
products and is applicable only for their
purchase and installation for one-year
subsequent to the effective date of the
waiver. Based upon information
gathered from multiple waiver request
submittals and further research by its
contractor, EPA has determined that
SUMMARY:
E:\FR\FM\06JAN1.SGM
06JAN1
erowe on DSK5CLS3C1PROD with NOTICES
786
Federal Register / Vol. 76, No. 4 / Thursday, January 6, 2011 / Notices
domestically manufactured small-HP
VHS electric motors (less than 40 HP)
are not reasonably available. The
Assistant Administrator for the Office of
Water is making this determination
based on the review and
recommendations of the Office of
Ground Water and Drinking Water and
the Office of Wastewater Management.
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 nationwide purchase and
installation of non-domestic VHS
electric motors less than 40 HP up to
one-year subsequent to the effective date
of the waiver. EPA reserves the right to
withdraw or amend this nationwide
waiver based on new developments or
changes in the domestic manufacturing
capacity for these items.
DATES: Effective Date: December 29,
2010.
FOR FURTHER INFORMATION CONTACT:
Timothy Connor, Chemical Engineer,
(202) 566–1059, Office of Wastewater
Management (OWM) or Kirsten Kroner,
Civil Engineer, (202) 564–3134, Office of
Ground Water and Drinking Water
(OGWDW), U.S. Environmental
Protection Agency, 1200 Pennsylvania
Avenue, NW., Washington, DC 20460.
SUPPLEMENTARY INFORMATION: In
accordance with ARRA Section 1605(c),
the EPA hereby provides notice that it
is granting a nationwide waiver of the
requirements of Section 1605(a) of
Public Law 111–5, Buy American
requirements, for the purchase and
installation of non-domestic vertical
hollow shaft electric motors less than 40
horsepower for one-year subsequent to
the effective date for projects financed
through the Clean or Drinking Water
State Revolving Funds (SRF) using
assistance provided under ARRA.
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
assistance 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
VerDate Mar<15>2010
15:07 Jan 05, 2011
Jkt 223001
relevant manufactured goods produced
in the United States will increase the
cost of the overall project by more than
25 percent.
As part of the implementation of the
Buy American requirements of the
ARRA, EPA reserved the right to issue
national waivers that apply to particular
categories of manufactured goods. A
national categorical waiver may be
developed based on the need to issue a
waiver as discerned by the number of
project specific waiver requests for a
particular item that have been submitted
by assistance recipients to one or more
EPA region(s), and the detailed
justifications for such requests. National
waivers may be issued by EPA based on
a determination that a particular item is
not produced domestically in
reasonably available quantities or of a
sufficient quality. To date, no
nationwide waivers for a particular
category of manufactured goods have
been issued by EPA.
During August through October 2010,
seven applications have been presented
to five Regions (3, 5, 6, 7, and 10)
requesting waivers for small-horsepower
vertical hollow shaft (VHS) electric
motors. The specific VHS electric
motors included in the waiver requests
range in size from 15 HP to 30 HP.
Detailed justifications provided by the
applicants (and verified by EPA and its
contractor, as described below) reveal
that there are no VHS electric motors
less than 40 HP that are produced
domestically in reasonably available
quantities. As a result of these waiver
requests, EPA and its contractor
reviewed current technical knowledge
regarding availability and location of
manufacturers of VHS electric motors
less than 40 HP.
EPA found that currently, there are no
known domestic manufacturers of VHS
electric motors less than 40 HP. Waiver
applicants and EPA’s contractor
identified and evaluated more than
twenty electric motor manufacturers in
the search for domestic sources. The
waiver applicants and EPA’s contractor
conducted independent research and
manufacturer outreach in order to
possibly identify a domestic
manufacturer of small VHS electric
motors. EPA further contacted the Water
and Wastewater Equipment
Manufacturers Association (WWEMA), a
national association. At least four
foreign manufacturers produce and sell
VHS electric motors less than 40 HP.
Much of the current manufacturing
capability for the VHS electric motor
technology appears to be located in
China with additional manufacturing
capability located in Mexico and
Taiwan. Currently, there are no known
PO 00000
Frm 00017
Fmt 4703
Sfmt 4703
manufacturers planning and/or
considering offering VHS electric
motors less than 40 HP that are/will be
manufactured in the U.S. The only VHS
electric motor manufacturer with
manufacturing capability in the U.S.,
who does not manufacture nor intend to
manufacture VHS electric motors less
than 40 horsepower, estimates that a 1
year minimum timeframe would be
required to set up manufacturing
capability in their domestic
manufacturing facility for small (i.e.,
less than 40 HP) VHS electric motors.
Those companies contacted with VHS
electric motor manufacturing capability
located overseas estimate that it would
require between 2 and 3 years to
construct and commission new
production facilities in the U.S. to
manufacture VHS electric motors in
sizes less than 40 HP. While EPA did
learn from the manufacturer’s
association that one-time, special-order
VHS motors may be available from a
domestic source, EPA’s research
revealed that current manufacturing
capacity and availability do not exist
and special orders could cause delay
and displace the ‘‘shovel ready’’ status of
projects.. Based on the time constraints
and current lack of manufacturing
capacity, one-time special-order small
VHS motors do not meet the standard of
being produced in the U.S. in sufficient
and reasonably available quantity.
It is critical to move forward with a
national categorical waiver for these
products because there is clearly
domestic unavailability, and lack of a
waiver is currently impeding the
progress of several Recovery Act
projects funded by both the Clean Water
and Drinking Water State Revolving
Funds. 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.’’. To curtail the speed with
which construction is completed by
requiring that assistance recipients
place one-time special orders or request
individual waivers, when it is known
that domestic products are simply not
reasonably available, would directly
conflict with a fundamental economic
purpose of ARRA, which is to create or
retain jobs.
EPA has conducted a thorough review
of the domestic manufacturing practices
for small-HP VHS electric motors and
E:\FR\FM\06JAN1.SGM
06JAN1
Federal Register / Vol. 76, No. 4 / Thursday, January 6, 2011 / Notices
has determined that domestically
manufactured goods are not 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. Therefore, EPA has
determined that a nationwide
categorical waiver for this product is
appropriate.
This waiver expires one year from the
day it takes effect. Furthermore, EPA
reserves the right to withdraw or amend
this nationwide waiver based on new
developments or changes in the
domestic manufacturing capacity for
these items.
Authority: Pub. L. 111–5, section 1605.
Dated: December 29, 2010.
Michael H. Shapiro,
Acting Assistant Administrator for Water.
[FR Doc. 2011–19 Filed 1–5–11; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–ORD–2009–0605; FRL–9248–4]
Notice of Availability of the
Recommended Toxicity Equivalence
Factors (TEFs) for Human Health Risk
Assessments of 2,3,7,8–
Tetrachlorodibenzo-p-dioxin and
Dioxin-Like Compounds
Environmental Protection
Agency (EPA).
ACTION: Notice of document availability.
AGENCY:
The U.S. Environmental
Protection Agency (EPA) is announcing
the availability of the final
‘‘Recommended Toxicity Equivalence
Factors (TEFs) for Human Health Risk
Assessments of 2,3,7,8–
Tetrachlorodibenzo-p-dioxin and
Dioxin-Like Compounds’’ (EPA/100/R–
10/005). The purpose of this document
is to assist EPA scientists in using the
toxicity equivalence methodology to
assess health risks from dioxins and
dioxin-like compounds, as well as
inform EPA decision makers, other
agencies, and the public about this
methodology. This guidance document
summarizes the toxicity equivalence
methodology, provides background
information and assumptions on how
the methodology has evolved, and
recommends an approach for health risk
assessors to use to apply the
methodology. EPA’s Risk Assessment
Forum (RAF) oversaw the development
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SUMMARY:
VerDate Mar<15>2010
15:07 Jan 05, 2011
Jkt 223001
of this document. Input was obtained
from scientists throughout the Agency,
from interested members of the public,
and from external experts from a range
of scientific disciplines via a contractorled peer review.
ADDRESSES: The final document is
available electronically through the EPA
Office of the Science Advisor’s Web site
at: https://www.epa.gov/osa/raf/
hhtefguidance/. A limited number of
paper copies will be available from
EPA’s National Service Center for
Environmental Publications (NSCEP),
P.O. Box 42419, Cincinnati, OH 45242;
telephone number: 1–800–490–9198 or
513–489–8190; facsimile number: 301–
604–3408; e-mail: NSCEP@bpslmit.com. Please provide your name,
mailing address, and title of the
requested publication.
FOR FURTHER INFORMATION CONTACT: Julie
Fitzpatrick, Risk Assessment Forum
Staff, Mail Code 8105R, Environmental
Protection Agency, 1200 Pennsylvania
Avenue, NW., Washington, DC 20460;
telephone number: (202) 564–4212;
facsimile number: (202) 564–2070; email: fitzpatrick.julie@epa.gov.
SUPPLEMENTARY INFORMATION: Dioxin
and dioxin-like compounds (DLCs),
including polychlorinated dibenzodioxins (PCDDs), polychlorinated
dibenzofurans (PCDFs), and
polychlorinated biphenyls (PCBs), are
structurally and toxicologically related
halogenated dicyclic aromatic
hydrocarbons. Dioxins and DLCs are
released into the environment from
several industrial sources, including
chemical manufacturing, combustion,
and metal processing. There is global
contamination of air, soil and water
with trace levels of these compounds.
Typically, dioxins and DLCs occur in
the environment as chemical mixtures.
Dioxins and DLCs do not readily
degrade; therefore, levels persist in the
environment, build up in the food
chain, and accumulate in the tissues of
animals. Human exposures to these
compounds occur primarily through
eating contaminated foods. The health
effects from exposures to dioxins and
DLCs have been documented
extensively in toxicological and
epidemiological studies.
Risk assessments have relied on the
dioxin toxicity equivalence factors
(TEFs) approach. Various stakeholders,
inside and outside the Agency, have
called for a more comprehensive
characterization of risks. Therefore,
EPA’s RAF identified a need to examine
the current recommended approach for
application of the toxicity equivalence
methodology in human health risk
assessments. An RAF Technical Panel
PO 00000
Frm 00018
Fmt 4703
Sfmt 4703
787
developed the draft guidance document,
‘‘Recommended Toxicity Equivalence
Factors (TEFs) for Human Health Risk
Assessments of 2,3,7,8–
Tetrachlorodibenzo-p-dioxin and
Dioxin-Like Compounds,’’ to assist EPA
scientists in using this methodology to
assess health risks from dioxins and
dioxin-like compounds, and inform EPA
decision makers, other agencies, and the
public about this methodology.
An external expert peer review was
conducted by both letter and an open,
public teleconference in October 2009.
The peer review panel was provided
with the public comments received in
the official public docket for this
activity under docket ID number EPA–
HQ–ORD–2009–0605. The peer review
panel also had the opportunity to hear
public comments provided during the
peer review teleconference. In preparing
the final document, EPA considered the
public comments submitted to EPA’s
docket during the public comment
period and during the public
teleconference, and the
recommendations from the external peer
reviewers provided in the peer review
report and during the public
teleconference.
EPA is currently addressing several
issues related to dioxins and dioxin-like
chemicals in the environment. More
information on these activities is located
at: https://www.epa.gov/dioxin/
scienceplan/.
Dated: December 22, 2010.
Paul T. Anastas,
EPA Science Advisor.
[FR Doc. 2011–20 Filed 1–5–11; 8:45 am]
BILLING CODE 6560–50–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Centers for Disease Control and
Prevention
Advisory Committee on Breast Cancer
in Young Women (ACBCYW)
In accordance with section 10(a)(2) of
the Federal Advisory Committee Act
(Pub. L. 92–463), the Centers for Disease
Control and Prevention (CDC),
announces the following meeting of the
aforementioned committee:
Times and Dates
9 a.m.–5 p.m., January 31, 2011.
8 a.m.–3 p.m., February 1, 2011.
Place: Emory Conference Center Hotel
and Emory Inn, 1615 Clifton Road, NE.,
Atlanta, Georgia 30329.
Status: Open to the public, limited
only by the space available.
E:\FR\FM\06JAN1.SGM
06JAN1
]]>Agencies
[Federal Register Volume 76, Number 4 (Thursday, January 6, 2011)]
[Notices]
[Pages 785-787]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-19]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-9249-1]
Notice of Nationwide Waiver of Section 1605 (Buy American
Requirement) of the American Recovery and Reinvestment Act of 2009
(ARRA) for the Use of Small Horsepower Vertical Hollow Shaft Electric
Motors (Less Than 40 Horsepower) for Projects Financed Through the
Clean or Drinking Water State Revolving Funds Using Assistance Provided
Under ARRA
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The EPA is hereby granting a nationwide 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] for small-horsepower (HP) vertical hollow shaft
(VHS) electric motors (less than 40 HP). This nationwide waiver applies
to the use of the specified products and is applicable only for their
purchase and installation for one-year subsequent to the effective date
of the waiver. Based upon information gathered from multiple waiver
request submittals and further research by its contractor, EPA has
determined that
[[Page 786]]
domestically manufactured small-HP VHS electric motors (less than 40
HP) are not reasonably available. The Assistant Administrator for the
Office of Water is making this determination based on the review and
recommendations of the Office of Ground Water and Drinking Water and
the Office of Wastewater Management. 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 nationwide purchase and installation of non-domestic VHS
electric motors less than 40 HP up to one-year subsequent to the
effective date of the waiver. EPA reserves the right to withdraw or
amend this nationwide waiver based on new developments or changes in
the domestic manufacturing capacity for these items.
DATES: Effective Date: December 29, 2010.
FOR FURTHER INFORMATION CONTACT: Timothy Connor, Chemical Engineer,
(202) 566-1059, Office of Wastewater Management (OWM) or Kirsten
Kroner, Civil Engineer, (202) 564-3134, Office of Ground Water and
Drinking Water (OGWDW), U.S. Environmental Protection Agency, 1200
Pennsylvania Avenue, NW., Washington, DC 20460.
SUPPLEMENTARY INFORMATION: In accordance with ARRA Section 1605(c), the
EPA hereby provides notice that it is granting a nationwide waiver of
the requirements of Section 1605(a) of Public Law 111-5, Buy American
requirements, for the purchase and installation of non-domestic
vertical hollow shaft electric motors less than 40 horsepower for one-
year subsequent to the effective date for projects financed through the
Clean or Drinking Water State Revolving Funds (SRF) using assistance
provided under ARRA.
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 assistance
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.
As part of the implementation of the Buy American requirements of
the ARRA, EPA reserved the right to issue national waivers that apply
to particular categories of manufactured goods. A national categorical
waiver may be developed based on the need to issue a waiver as
discerned by the number of project specific waiver requests for a
particular item that have been submitted by assistance recipients to
one or more EPA region(s), and the detailed justifications for such
requests. National waivers may be issued by EPA based on a
determination that a particular item is not produced domestically in
reasonably available quantities or of a sufficient quality. To date, no
nationwide waivers for a particular category of manufactured goods have
been issued by EPA.
During August through October 2010, seven applications have been
presented to five Regions (3, 5, 6, 7, and 10) requesting waivers for
small-horsepower vertical hollow shaft (VHS) electric motors. The
specific VHS electric motors included in the waiver requests range in
size from 15 HP to 30 HP. Detailed justifications provided by the
applicants (and verified by EPA and its contractor, as described below)
reveal that there are no VHS electric motors less than 40 HP that are
produced domestically in reasonably available quantities. As a result
of these waiver requests, EPA and its contractor reviewed current
technical knowledge regarding availability and location of
manufacturers of VHS electric motors less than 40 HP.
EPA found that currently, there are no known domestic manufacturers
of VHS electric motors less than 40 HP. Waiver applicants and EPA's
contractor identified and evaluated more than twenty electric motor
manufacturers in the search for domestic sources. The waiver applicants
and EPA's contractor conducted independent research and manufacturer
outreach in order to possibly identify a domestic manufacturer of small
VHS electric motors. EPA further contacted the Water and Wastewater
Equipment Manufacturers Association (WWEMA), a national association. At
least four foreign manufacturers produce and sell VHS electric motors
less than 40 HP. Much of the current manufacturing capability for the
VHS electric motor technology appears to be located in China with
additional manufacturing capability located in Mexico and Taiwan.
Currently, there are no known manufacturers planning and/or considering
offering VHS electric motors less than 40 HP that are/will be
manufactured in the U.S. The only VHS electric motor manufacturer with
manufacturing capability in the U.S., who does not manufacture nor
intend to manufacture VHS electric motors less than 40 horsepower,
estimates that a 1 year minimum timeframe would be required to set up
manufacturing capability in their domestic manufacturing facility for
small (i.e., less than 40 HP) VHS electric motors. Those companies
contacted with VHS electric motor manufacturing capability located
overseas estimate that it would require between 2 and 3 years to
construct and commission new production facilities in the U.S. to
manufacture VHS electric motors in sizes less than 40 HP. While EPA did
learn from the manufacturer's association that one-time, special-order
VHS motors may be available from a domestic source, EPA's research
revealed that current manufacturing capacity and availability do not
exist and special orders could cause delay and displace the ``shovel
ready'' status of projects.. Based on the time constraints and current
lack of manufacturing capacity, one-time special-order small VHS motors
do not meet the standard of being produced in the U.S. in sufficient
and reasonably available quantity.
It is critical to move forward with a national categorical waiver
for these products because there is clearly domestic unavailability,
and lack of a waiver is currently impeding the progress of several
Recovery Act projects funded by both the Clean Water and Drinking Water
State Revolving Funds. 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.''. To curtail the speed
with which construction is completed by requiring that assistance
recipients place one-time special orders or request individual waivers,
when it is known that domestic products are simply not reasonably
available, would directly conflict with a fundamental economic purpose
of ARRA, which is to create or retain jobs.
EPA has conducted a thorough review of the domestic manufacturing
practices for small-HP VHS electric motors and
[[Page 787]]
has determined that domestically manufactured goods are not 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. Therefore, EPA has determined
that a nationwide categorical waiver for this product is appropriate.
This waiver expires one year from the day it takes effect.
Furthermore, EPA reserves the right to withdraw or amend this
nationwide waiver based on new developments or changes in the domestic
manufacturing capacity for these items.
Authority: Pub. L. 111-5, section 1605.
Dated: December 29, 2010.
Michael H. Shapiro,
Acting Assistant Administrator for Water.
[FR Doc. 2011-19 Filed 1-5-11; 8:45 am]
BILLING CODE 6560-50-P
