Notice of a Regional Project Waiver of Section 1605 (Buy American) of the American Recovery and Reinvestment Act of 2009 (ARRA) to the Hyannis Water System in Hyannis, MA, 2371-2373 [2011-636]
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srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 76, No. 9 / Thursday, January 13, 2011 / Notices
Any questions regarding this
Application should be directed to
Michael E. McMahon, Senior Vice
President and General Counsel,
Boardwalk Pipeline Partners, LP, 9
Greenway Plaza, Suite 2800, Houston,
Texas 77046, or call (713) 479–8252, or
fax (713) 479–1745, or by e-mail
mike.mcmahon@bwpmlp.com.
Any person may, within 60 days after
the issuance of the instant notice by the
Commission, file pursuant to Rule 214
of the Commission’s Procedural Rules
(18 CFR 385.214) a motion to intervene
or notice of intervention. Any person
filing to intervene or the Commission’s
staff may, pursuant to section 157.205 of
the Commission’s Regulations under the
NGA (18 CFR 157.205) file a protest to
the request. If no protest is filed within
the time allowed therefore, the proposed
activity shall be deemed to be
authorized effective the day after the
time allowed for protest. If a protest is
filed and not withdrawn within 30 days
after the time allowed for filing a
protest, the instant request shall be
treated as an application for
authorization pursuant to section 7 of
the NGA.
Persons who wish to comment only
on the environmental review of this
project should submit an original and
two copies of their comments to the
Secretary of the Commission.
Environmental commenters will be
placed on the Commission’s
environmental mailing list, will receive
copies of the environmental documents,
and will be notified of meetings
associated with the Commission’s
environmental review process.
Environmental commenters will not be
required to serve copies of filed
documents on all other parties.
However, the non-party commentary,
will not receive copies of all documents
filed by other parties or issued by the
Commission (except for the mailing of
environmental documents issued by the
Commission) and will not have the right
to seek court review of the
Commission’s final order.
The Commission strongly encourages
electronic filings of comments, protests,
and interventions via the internet in lieu
of paper. See 18 CFR 385.2001(a)(1)(iii)
and the instructions on the
Commission’s Web site (https://
www.ferc.gov) under the ‘‘e-Filing’’ link.
Kimberly D. Bose,
Secretary.
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket No. CP11–57–000]
Columbia Gas Transmission, LLC;
Notice of Request Under Blanket
Authorization
January 5, 2011.
Take notice that on December 22,
2010, Columbia Gas Transmission, LLC
(Columbia) 5151 San Felipe, Suite 2500,
Houston, Texas 77056, filed in Docket
No. CP11–57–000, an application
pursuant to sections 157.205 and
157.216(b) of the Commission’s
Regulations under the Natural Gas Act
(NGA) as amended, to convert and
abandon certain natural gas storage
facilities in its Ripley storage field in
Jackson County, West Virginia, under
Columbia’s blanket certificate issued in
Docket No. CP83–76–000,1 all as more
fully set forth in the application which
is on file with the Commission and open
to the public for inspection.
Columbia proposes to convert Storage
Wells 7300 and 7320 from active
injection/withdrawal status to
observation well status and abandon
storage well pipelines Lines X–59W–
7300, X–59W–7320, and X–59–F–2
along with their respective
appurtenances. Columbia also proposes
to abandon natural gas service to one
landowner who would be directly
affected by abandonment of the facilities
herein. Columbia states that it would
compensate the landowner’s transition
to an alternative source of energy.
Any questions concerning this
application may be directed to Fredric
J. George, Senior Counsel, Columbia Gas
Transmission, LLC, P.O. Box 1273,
Charleston, West Virginia 25325–1273
or via telephone at (304) 357–2359 or by
facsimile (304) 357–3206.
This filing is available for review at
the Commission or may be viewed on
the Commission’s Web site at https://
www.ferc.gov, using the ‘‘eLibrary’’ link.
Enter the docket number excluding the
last three digits in the docket number
filed to access the document. For
assistance, please contact FERC Online
Support at FERC
OnlineSupport@ferc.gov or call toll-free
at (866) 206–3676, or, for TTY, contact
(202) 502–8659. Comments, protests and
interventions may be filed electronically
via the Internet in lieu of paper. See, 18
CFR 385.2001(a)(1)(iii) and the
instructions on the Commission’s Web
site under the ‘‘e-Filing’’ link. The
[FR Doc. 2011–536 Filed 1–12–11; 8:45 am]
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2371
Commission strongly encourages
intervenors to file electronically.
Any person or the Commission’s staff
may, within 60 days after issuance of
the instant notice by the Commission,
file pursuant to Rule 214 of the
Commission’s Procedural Rules (18 CFR
385.214) a motion to intervene or notice
of intervention and pursuant to Section
157.205 of the regulations under the
NGA (18 CFR 157.205), a protest to the
request. If no protest is filed within the
time allowed therefore, the proposed
activity shall be deemed to be
authorized effective the day after the
time allowed for filing a protest. If a
protest is filed and not withdrawn
within 30 days after the allowed time
for filing a protest, the instant request
shall be treated as an application for
authorization pursuant to section 7 of
the NGA.
Kimberly D. Bose,
Secretary.
[FR Doc. 2011–538 Filed 1–12–11; 8:45 am]
BILLING CODE 6717–01–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–9252–6]
Notice of a Regional Project Waiver of
Section 1605 (Buy American) of the
American Recovery and Reinvestment
Act of 2009 (ARRA) to the Hyannis
Water System in Hyannis, MA
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
The 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 Hyannis Water System in
Hyannis, Massachusetts (‘‘System’’) for
the purchase of fourteen security
cameras as part of a Security and Fire
Alarm System 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. Based upon
information submitted by the System
and its consulting engineer, it has been
determined that there are currently no
domestically manufactured security
cameras available to meet its proposed
project specifications. The Regional
SUMMARY:
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13JAN1
srobinson on DSKHWCL6B1PROD with NOTICES
2372
Federal Register / Vol. 76, No. 9 / Thursday, January 13, 2011 / Notices
Administrator is making this
determination based on the review and
recommendations of the Municipal
Assistance Unit. 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 fourteen
security cameras by the System, as
specified in its October 19, 2010
request.
DATES: Effective Date: January 5, 2011.
FOR FURTHER INFORMATION CONTACT:
Katie Connors, Environmental Engineer,
(617) 918–1658, or David Chin,
Environmental Engineer, (617) 918–
1764, Municipal Assistance Unit (CMU),
Office of Ecosystem Protection (OEP),
U.S. EPA, 5 Post Office Square, Suite
100, Boston, MA 02109–3912.
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(b)(2) of
Public Law 111–5, Buy American
requirements, to the System for the
purchase of non-domestically
manufactured security cameras to meet
the System’s specifications as part of
their Security and Fire Alarm System
Project.
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.
EPA has also evaluated the System’s
request to determine if its submission is
considered late or if it could be
considered timely, as per the OMB
Guidance at 2 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
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16:15 Jan 12, 2011
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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, there are no U.S.
manufacturers that meet the System’s
project specifications for these security
cameras. The waiver request was
submitted after the contract date during
the shop drawing phase. An extensive
search was conducted by the recipient
for a domestic security camera which
would meet the project specifications
but none were available at the time of
the request. Although it was known that
the security cameras would be needed
for this project, it was the last contract
for the project and was not looked at
until much later in the construction
timeline. There is no indication that the
System 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. EPA will consider the
System’s waiver request a foreseeable
late request, as though it had been
timely made since there is no gain by
the System and no loss by the
government due to the late request.
The System is requesting a waiver
from the Buy American provision of
ARRA for fourteen Panasonic Super
Dynamic III PTZ color CCD security
cameras manufactured by the Panasonic
Corporation. The security cameras are
scheduled for installation by early
December 2010. The technical
specifications indicate that the security
cameras should be IP cameras with a 1⁄4inch progressive scan charge-coupled
device (CCD) imager with 380,000 (768
× 494) pixels resolution. Additionally,
the specifications include that the
cameras should have digital signal
processing, 0.7 lux sensitivity in color
mode, both standard and fast shutter
speeds, image processing of both long
and short charges, image hold
capability, auto back light
compensation, automatic tracing white
balance adjustment for day and night,
built-in digital motion-detector,
performance in extreme low-light
conditions, scene-change detection with
PO 00000
Frm 00045
Fmt 4703
Sfmt 4703
an alarm, shutter adjustable from 1/60 to
1/10,000 second, eight privacy zones,
focal length of 3.79 to 83.4 mm,
continuous zoom of 10X for a total
magnification of 220X, and aperture of
f/1.6 at wide angle and f/3.0 at
telephoto. The detailed technical
specifications were written as such in
order to ensure that the security cameras
installed as part of the project would be
able to utilize advanced programming
technology. The security cameras are
required not only to be configured with
the alarm system, but to transfer images
through the facility’s current computer
system.
The System has researched 36 foreign
and domestic manufacturers of security
cameras and has determined that
domestic manufacturers are not able to
manufacture a camera that would meet
the technical specifications. The System
has proposed the Panasonic Super
Dynamic III PTZ color CCD security
camera because it meets all the
technical specifications.
An evaluation of all of the submitted
documentation by EPA’s technical
review team supports and confirms the
System’s claim that there are currently
no domestic manufacturers that can
provide a security camera that meets all
the project specifications. An
independent review of the submitted
documentation by EPA’s national
contractor found four possible domestic
manufacturers. However, none of the
manufacturers contacted currently
provides a product that would meet all
the project specifications. The domestic
products in general give less resolution,
have fewer functions, and are not as
instantly Internet-accessible. In
addition, the evaluation of the
supporting documentation
demonstrated that foreign manufactured
security cameras are available and will
be able to meet the proposed
specifications.
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 purpose of the ARRA is to
stimulate economic recovery by funding
current infrastructure construction, not
E:\FR\FM\13JAN1.SGM
13JAN1
Federal Register / Vol. 76, No. 9 / Thursday, January 13, 2011 / Notices
to delay or require the substantial
redesign of projects that are ‘‘shovel
ready’’, such as this project at the
Hyannis Water System. The
implementation of the ARRA Buy
American requirements in this case
could result in additional cost for this
project and 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.
The Municipal Assistance Unit (CMU)
has reviewed this waiver request and
has determined that the supporting
documentation provided by the System
establishes both a proper basis to
specify a particular manufactured good,
and that the domestically manufactured
good that is currently available does not
meet the specifications for the proposed
project. 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.
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 Hyannis Water System 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
fourteen security cameras documented
in System’s waiver request submittal
dated October 19, 2010. This
supplementary information constitutes
the detailed written justification
required by Section 1605(c) for waivers
based on a finding under subsection (b).
srobinson on DSKHWCL6B1PROD with NOTICES
Authority: Pub. L. 111–5, section 1605.
Dated: January 5, 2011.
Ira W. Leighton,
Acting Regional Administrator, EPA Region
1—New England.
[FR Doc. 2011–636 Filed 1–12–11; 8:45 am]
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ENVIRONMENTAL PROTECTION
AGENCY
[FRL–9252–2]
Science Advisory Board Staff Office;
Request for Nominations of Experts to
Augment the SAB Scientific and
Technological Achievement Awards
Committee
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
The EPA Science Advisory
Board (SAB) Staff Office is requesting
public nominations for scientists and
engineers to augment the SAB Scientific
and Technological Achievement
Awards (STAA) Committee.
DATES: Nominations should be
submitted by February 3, 2011 per
instructions below.
FOR FURTHER INFORMATION CONTACT: Any
member of the public wishing further
information regarding this Notice and
Request for Nominations may contact
Mr. Edward Hanlon, Designated Federal
Officer (DFO), SAB Staff Office, by
telephone/voice mail at (202) 564–2134;
by fax at (202) 565–2098 or via email at
hanlon.edward@epa.gov. General
information concerning the EPA Science
Advisory Board can be found at the EPA
SAB Web site at https://www.epa.gov/
sab.
SUMMARY:
SUPPLEMENTARY INFORMATION:
Background: The SAB (42 U.S.C.
4365) is a chartered Federal Advisory
Committee that provides independent
scientific and technical peer review,
advice, consultation, and
recommendations to the EPA
Administrator on the technical basis for
EPA actions. As a Federal Advisory
Committee, the SAB conducts business
in accordance with the Federal
Advisory Committee Act (FACA) (5
U.S.C. App. 2) and related regulations.
The SAB will comply with the
provisions of FACA and all appropriate
SAB Staff Office procedural policies.
EPA’s STAA Program was established
in 1980 to recognize Agency scientists
and engineers who published their work
in the peer-reviewed literature. The
STAA Program is an annual Agencywide competition to promote and
recognize scientific and technological
achievements by EPA employees. The
STAA program is administered and
managed by EPA’s Office of Research
and Development (ORD). ORD requested
SAB to review scientific publications
nominated by EPA managers and make
recommendations to the Administrator
for STAA awards.
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2373
A STAA Committee was formed in
June 2009 to provide recommendations
to the Administrator regarding the
nominated 2009, 2010 and 2011 STAA
awards. The STAA Committee was
augmented with additional experts to
make recommendations for the 2010
STAA awards (Federal Register Notice
Volume 75, Number 44, Pages 10481–
10482, published on March 8, 2010).
There is a need to supplement the
STAA Committee with additional
expertise to review the 2011 STAA
nominations.
Request for Nominations: The SAB
Staff Office is seeking nominations of
nationally and internationally
recognized scientists and engineers
having experience and expertise in
environmental and human health
sciences, ecology, risk assessment,
environmental engineering,
environmental lifecycle or systems
analysis, and in environmental
sustainability fields such as in green
chemistry, green technologies, and
green building design.
Process and Deadline for Submitting
Nominations: Any interested person or
organization may nominate qualified
individuals in the areas of expertise
described above for possible service on
this expert ad hoc Panel. Nominations
should be submitted in electronic
format (which is preferred over hard
copy) following the instructions for
‘‘Nominating Experts to Advisory Panels
and Ad Hoc Committees Being Formed’’
provided on the SAB Web site. The
instructions can be accessed through the
‘‘Nomination of Experts’’ link on the
blue navigational bar on the SAB Web
site at https://www.epa.gov/sab. To
receive full consideration, nominations
should include all of the information
requested.
EPA’s SAB Staff Office requests:
contact information about the person
making the nomination; contact
information about the nominee; the
disciplinary and specific areas of
expertise of the nominee; the nominee’s
curriculum vita; sources of recent grant
and/or contract support; and a
biographical sketch of the nominee
indicating current position, educational
background, research activities, and
recent service on other national
advisory committees or national
professional organizations.
Persons having questions about the
nomination procedures, or who are
unable to submit nominations through
the SAB Web site, should contact Mr.
Edward Hanlon, DFO, as indicated
above in this notice. Nominations
should be submitted in time to arrive no
later than February 3, 2011. EPA values
and welcomes diversity. In an effort to
E:\FR\FM\13JAN1.SGM
13JAN1
]]>Agencies
[Federal Register Volume 76, Number 9 (Thursday, January 13, 2011)]
[Notices]
[Pages 2371-2373]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-636]
=======================================================================
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ENVIRONMENTAL PROTECTION AGENCY
[FRL-9252-6]
Notice of a Regional Project Waiver of Section 1605 (Buy
American) of the American Recovery and Reinvestment Act of 2009 (ARRA)
to the Hyannis Water System in Hyannis, MA
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The 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 Hyannis Water System in Hyannis, Massachusetts
(``System'') for the purchase of fourteen security cameras as part of a
Security and Fire Alarm System 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. Based upon information submitted by the System
and its consulting engineer, it has been determined that there are
currently no domestically manufactured security cameras available to
meet its proposed project specifications. The Regional
[[Page 2372]]
Administrator is making this determination based on the review and
recommendations of the Municipal Assistance Unit. 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 fourteen security cameras by
the System, as specified in its October 19, 2010 request.
DATES: Effective Date: January 5, 2011.
FOR FURTHER INFORMATION CONTACT: Katie Connors, Environmental Engineer,
(617) 918-1658, or David Chin, Environmental Engineer, (617) 918-1764,
Municipal Assistance Unit (CMU), Office of Ecosystem Protection (OEP),
U.S. EPA, 5 Post Office Square, Suite 100, Boston, MA 02109-3912.
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(b)(2) of Public Law 111-5, Buy American
requirements, to the System for the purchase of non-domestically
manufactured security cameras to meet the System's specifications as
part of their Security and Fire Alarm System Project.
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.
EPA has also evaluated the System's request to determine if its
submission is considered late or if it could be considered timely, as
per the OMB Guidance at 2 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, there are no U.S. manufacturers that meet the
System's project specifications for these security cameras. The waiver
request was submitted after the contract date during the shop drawing
phase. An extensive search was conducted by the recipient for a
domestic security camera which would meet the project specifications
but none were available at the time of the request. Although it was
known that the security cameras would be needed for this project, it
was the last contract for the project and was not looked at until much
later in the construction timeline. There is no indication that the
System 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. EPA will
consider the System's waiver request a foreseeable late request, as
though it had been timely made since there is no gain by the System and
no loss by the government due to the late request.
The System is requesting a waiver from the Buy American provision
of ARRA for fourteen Panasonic Super Dynamic III PTZ color CCD security
cameras manufactured by the Panasonic Corporation. The security cameras
are scheduled for installation by early December 2010. The technical
specifications indicate that the security cameras should be IP cameras
with a \1/4\-inch progressive scan charge-coupled device (CCD) imager
with 380,000 (768 x 494) pixels resolution. Additionally, the
specifications include that the cameras should have digital signal
processing, 0.7 lux sensitivity in color mode, both standard and fast
shutter speeds, image processing of both long and short charges, image
hold capability, auto back light compensation, automatic tracing white
balance adjustment for day and night, built-in digital motion-detector,
performance in extreme low-light conditions, scene-change detection
with an alarm, shutter adjustable from 1/60 to 1/10,000 second, eight
privacy zones, focal length of 3.79 to 83.4 mm, continuous zoom of 10X
for a total magnification of 220X, and aperture of f/1.6 at wide angle
and f/3.0 at telephoto. The detailed technical specifications were
written as such in order to ensure that the security cameras installed
as part of the project would be able to utilize advanced programming
technology. The security cameras are required not only to be configured
with the alarm system, but to transfer images through the facility's
current computer system.
The System has researched 36 foreign and domestic manufacturers of
security cameras and has determined that domestic manufacturers are not
able to manufacture a camera that would meet the technical
specifications. The System has proposed the Panasonic Super Dynamic III
PTZ color CCD security camera because it meets all the technical
specifications.
An evaluation of all of the submitted documentation by EPA's
technical review team supports and confirms the System's claim that
there are currently no domestic manufacturers that can provide a
security camera that meets all the project specifications. An
independent review of the submitted documentation by EPA's national
contractor found four possible domestic manufacturers. However, none of
the manufacturers contacted currently provides a product that would
meet all the project specifications. The domestic products in general
give less resolution, have fewer functions, and are not as instantly
Internet-accessible. In addition, the evaluation of the supporting
documentation demonstrated that foreign manufactured security cameras
are available and will be able to meet the proposed specifications.
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 purpose of the ARRA is to stimulate economic recovery by
funding current infrastructure construction, not
[[Page 2373]]
to delay or require the substantial redesign of projects that are
``shovel ready'', such as this project at the Hyannis Water System. The
implementation of the ARRA Buy American requirements in this case could
result in additional cost for this project and 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.
The Municipal Assistance Unit (CMU) has reviewed this waiver
request and has determined that the supporting documentation provided
by the System establishes both a proper basis to specify a particular
manufactured good, and that the domestically manufactured good that is
currently available does not meet the specifications for the proposed
project. 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.
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 Hyannis Water
System 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 fourteen security cameras documented in
System's waiver request submittal dated October 19, 2010. 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.
Dated: January 5, 2011.
Ira W. Leighton,
Acting Regional Administrator, EPA Region 1--New England.
[FR Doc. 2011-636 Filed 1-12-11; 8:45 am]
BILLING CODE 6560-50-P
