Notice of a Project Waiver of Section 1605 (Buy American Requirements) of the American Recovery and Reinvestment Act of 2009 (ARRA) to the Drew County, AR, Memorial Hospital Renovation and Expansion Project, 11193-11194 [2011-4482]
Download as PDF
<![CDATA[
11193
Notices
Federal Register
Vol. 76, No. 40
Tuesday, March 1, 2011
This section of the FEDERAL REGISTER
contains documents other than rules or
proposed rules that are applicable to the
public. Notices of hearings and investigations,
committee meetings, agency decisions and
rulings, delegations of authority, filing of
petitions and applications and agency
statements of organization and functions are
examples of documents appearing in this
section.
DEPARTMENT OF AGRICULTURE
Forest Service
Sequoia National Forest; California;
Piute Mountains Travel Management
Plan; Correction
Forest Service, USDA.
Notice of intent to prepare an
environmental impact statement;
Correction.
AGENCY:
ACTION:
The Forest Service published
a document in the Federal Register on
February 18, 2011, concerning a notice
of intent to prepare an environmental
impact statement for the Piute
Mountains Travel Management Plan.
FOR FURTHER INFORMATION CONTACT:
Warren L. Niemi, 559–784–1500,
extension 1137.
SUMMARY:
Correction
In the Federal Register of February
18, 2011, in FR Doc. 2011–3698, on page
9539, in the third column, delete item
No. 12.
Dated: February 23, 2011.
Debra L. Whitman,
Acting Forest Supervisor.
[FR Doc. 2011–4464 Filed 2–28–11; 8:45 am]
BILLING CODE 3410–11–P
DEPARTMENT OF AGRICULTURE
Forest Service
Superior Resource Advisory
Committee
Forest Service, USDA.
Notice of meeting.
AGENCY:
ACTION:
The Superior Resource
Advisory Committee will meet in
Duluth, Minnesota. The committee is
meeting as authorized under the Secure
Rural Schools and Community SelfDetermination Act (Pub. L. 110–343)
and in compliance with the Federal
Advisory Committee Act. The purpose
jlentini on DSKJ8SOYB1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
18:42 Feb 28, 2011
Jkt 223001
of the meeting is to review and make
decisions on proposals requesting funds
from Title II of the Secure Rural School
Act. The schedule for soliciting the next
round of proposals will be set.
The meeting will be held on
Thursday, March 17, 2011, at 9:45 a.m.
DATES:
The meeting will be held at
the EPA office, 6201 Congdon Blvd.,
Duluth, MN 55804. Written comments
should be sent to Superior National
Forest, RAC, 8901 Grand Ave. Place,
Duluth, MN 55808. Comments may also
be sent via e-mail to
Lradosevichcraig@fs.fed.us, or via
facsimile to 218–626–4312.
All comments, including names and
addresses when provided, are placed in
the record and are available for public
inspection and copying. The public may
inspect comments received at Superior
National Forest Headquarters. This
meeting is open to the public.
ADDRESSES:
Lisa
Radosevich-Craig, Partnership
Coordinator & Tribal Liaison, Superior
National Forest Headquarters, 218–626–
4336, Lradosevichcraig@fs.fed.us.
Individuals who use
telecommunication devices for the deaf
(TDD) may call the Federal Information
Relay Service (FIRS) at 1–800–877–8339
between 8 a.m. and 8 p.m., Eastern
Standard Time, Monday through Friday.
FOR FURTHER INFORMATION CONTACT:
The
meeting is open to the public. The
following business will be conducted:
Review of Secure Rural Schools Title II
Rules and Operational Guidelines;
Review and Selection of Proposals;
Project Update; and a Public Forum,
The agenda and any applicable
documents may be previewed at
https://WWW.fs.fed.us/R9/superior.
Persons who wish to bring related
matters to the attention of the
Committee may file written statements
with the Committee staff before or after
the meeting. A public input session will
be provided and individuals who made
written requests by Monday, March 14,
2011 will have the opportunity to
address the Committee at those sessions.
SUPPLEMENTARY INFORMATION:
Dated: February 23, 2011.
James W. Sanders,
Forest Supervisor, Superior National Forest,
Duluth, Minnesota.
[FR Doc. 2011–4472 Filed 2–28–11; 8:45 am]
BILLING CODE 3410–DT–P
PO 00000
Frm 00001
Fmt 4703
Sfmt 4703
DEPARTMENT OF AGRICULTURE
Rural Housing Service
Notice of a Project Waiver of Section
1605 (Buy American Requirements) of
the American Recovery and
Reinvestment Act of 2009 (ARRA) to
the Drew County, AR, Memorial
Hospital Renovation and Expansion
Project
Rural Housing Service, USDA.
Notice.
AGENCY:
ACTION:
The United States Department
of Agriculture (‘‘USDA’’) grants a project
waiver of the Buy American
Requirements [manufactured goods are
not produced in the United States in
sufficient and reasonably available
quantities and of a satisfactory quality]
of ARRA to Drew County, Arkansas,
(‘‘County’’) for the purchase of foreign
manufactured Heating, Ventilation, Air
Conditioning (HVAC) equipment for a
hospital renovation and expansion
project. This is a project specific waiver
under section 1605 (b)(2) of ARRA. This
waiver 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 County-proposed
HVAC improvements were selected to
address the unique conditions presented
by the existing building. Based upon
information submitted by the County
and its consultants, it was determined
that the HVAC equipment that will meet
the County’s design and performance
specifications is manufactured only by
Daikin and SkyAir of Japan and
Thailand, respectively. This
determination is based on the review
and recommendations of the Rural
Development Buy American
Coordinator. The County, through its
design engineer, has provided sufficient
documentation to support its request.
The Under Secretary for Rural
Development has concurred in this
decision to waive Section 1605 of
ARRA. This action permits the purchase
of a Daikin RXS/FTXS (wall mounted
indoor unit) HVAC unit and SkyAir
FCQ/RZQ (cassette-style, ceiling
mounted indoor unit). These units
address the operational requirement to
heat and cool simultaneously, perform
very efficiently, and are compatible and
SUMMARY:
E:\FR\FM\01MRN1.SGM
01MRN1
11194
Federal Register / Vol. 76, No. 40 / Tuesday, March 1, 2011 / Notices
adaptable to the space restrictions
created by the existing facility.
DATES: Effective Date: March 1, 2011.
ADDRESSES: Dallas Tonsager, Under
Secretary, Rural Development, U.S.
Department of Agriculture, 1400
Independence Avenue, Room 205–W,
Washington, DC 20250–0107, (202) 720–
4581.
FOR FURTHER INFORMATION CONTACT:
William Downs, Senior Architect,
Program Support Staff, (202) 720–1499,
Rural Housing Service, Stop 0761, U. S.
Department of Agriculture, 1400
Independence Avenue, SW.,
Washington, DC 20250–0761.
SUPPLEMENTARY INFORMATION: In
accordance with ARRA Section 1605(c)
and pursuant to Section 1605(b)(2),
USDA hereby provides notice that it is
granting a project specific waiver of the
Buy American Requirements of ARRA
to Drew County, Arkansas, for the
purchase of HVAC equipment,
manufactured by Daikin of Japan and
SkyAir of Thailand for the hospital
renovation and expansion project.
jlentini on DSKJ8SOYB1PROD with NOTICES
I. Background
Section 1605(a) of ARRA requires that
none of the appropriated funds may be
used for the construction, alteration,
maintenance, or repair of a public
building or public work unless all of the
iron, steel, and manufactured goods
used in the project are produced in the
United States, or unless a waiver is
provided to the recipient by the head of
the appropriate department or agency,
here the Secretary of USDA. According
to section 1605(b) of ARRA, a waiver
may be granted if the Secretary
determines that (1) applying these
requirements would be inconsistent
with public interest; (2) iron, steel, and
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 manufactured goods
produced in the United States will
increase the cost of the overall project
by more than 25 percent. The County
has requested a waiver from the Buy
American Requirement for the purchase
of HVAC equipment suitable for the
conditions of the existing facility and
the expansion area.
The purchase of the new HVAC
equipment is intended to provide the
specified air conditioning for the
existing hospital renovation and
expansion. The estimated cost of the
HVAC equipment improvements to
Drew County’s hospital is $12,000. In
designing the HVAC equipment the
designers of record evaluated the
VerDate Mar<15>2010
18:42 Feb 28, 2011
Jkt 223001
various technologies based on the
following factors:
• The project requirements include
addressing the limitations of space for
HVAC equipment and the associated
accessories.
• The project requires a very high
efficiency performance for the
conditions presented by the region and
the requirement for simultaneous
heating and cooling.
• The project requires a frost resistant
operating system.
As part of an exhaustive review and
search for potentially viable HVAC
units, the County and their consultants
determined that there is no domestic
manufacturer of HVAC equipment that
provides the specified performance and
technical features required for this
project.
According to the County, the only
HVAC equipment that meets the
technical specifications is not
manufactured in the United States. As a
result, the County requested a waiver of
the ARRA Buy American provisions on
the basis of nonavailability of a United
States manufactured product that will
meet the design and performance
criteria specified for this HVAC system.
The Rural Development Buy
American Coordinator has reviewed this
waiver request and has determined that
the supporting documentation provided
by the County established a proper basis
that the manufactured good was not
available from a producer in the United
States able to meet the design
specifications and performance
requirements for the proposed project.
II. Nonavailability Finding
The evaluation by USDA’s technical
review team and architect supports the
County’s claim that a suitable HVAC
system which meets the specifications
for this project is not available in
sufficient and reasonably available
commercial quantities of a satisfactory
quality that is manufactured in the
United States. USDA’s technical review
team and architects reviewed a
memorandum submitted by the County
describing the foreign equipment that
fits the technical specifications for the
HVAC equipment and the process the
County followed in adopting the HVAC
design. USDA’s technical review team
and architects conducted a nationwide
review of equipment vendors,
manufacturers’ representatives, and
associated resources typically relied on
by designers of HVAC equipment. The
purpose of USDA’s review process was
to determine whether there was any
HVAC equipment manufactured in the
United States that meets the County’s
design specifications and performance
requirements. As a result of its review,
the Secretary has determined that based
on the information available and to the
best of USDA’s knowledge, there is no
HVAC equipment manufactured in the
United States that meets the County’s
design specifications and performance
requirements for the County’s Memorial
Hospital renovation and expansion
project.
IV. Equal Opportunity and NonDiscrimination Requirements
PO 00000
Frm 00002
Fmt 4703
Sfmt 9990
III. Waiver
Having established a proper basis that
this manufactured good was not
available from a producer in the United
States, the County is hereby granted a
waiver from the Buy American
requirements. This waiver permits use
of ARRA funds for the purchase of the
specified Daikin VRV III heat recovery
system and SkyAir FCQ/RZQ
documented in the County’s waiver
request submittal dated November 1,
2010, as part of its hospital renovation
and expansion project. This
supplementary information constitutes
the detailed written justification
required by Section 1605(c) of ARRA for
waivers ‘‘based on a finding under
subsection (b).’’
U.S. Department of Agriculture
prohibits discrimination in all of its
programs and activities on the basis of
race, color, national origin, age,
disability, and where applicable, sex,
marital status, parental status, religion,
sexual orientation, genetic information,
political beliefs, reprisal, or because all
or part of an individual’s income is
derived from any public assistance
program. (Not all prohibited bases apply
to all programs.) Persons with
disabilities who require alternative
means for communication of program
information (Braille, large print,
audiotape, etc.) should contact USDA’s
TARGET Center at (202) 720–2600
(voice and TDD). To file a complaint of
discrimination, write to USDA, Director,
Office of Civil Rights, 1400
Independence Avenue, SW.,
Washington, DC 20250–9410, or call
(800) 795–3272 (voice), or (202) 720–
6382 (TDD). ‘‘USDA is an equal
opportunity provider, employer, and
lender.’’
Authority: Public Law 111–5, Section
1605.
Dated: February 17, 2011.
Thomas J. Vilsack,
Secretary of Agriculture.
[FR Doc. 2011–4482 Filed 2–28–11; 8:45 am]
BILLING CODE 3410–XV–P
E:\FR\FM\01MRN1.SGM
01MRN1
]]>Agencies
[Federal Register Volume 76, Number 40 (Tuesday, March 1, 2011)]
[Notices]
[Pages 11193-11194]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-4482]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Rural Housing Service
Notice of a Project Waiver of Section 1605 (Buy American
Requirements) of the American Recovery and Reinvestment Act of 2009
(ARRA) to the Drew County, AR, Memorial Hospital Renovation and
Expansion Project
AGENCY: Rural Housing Service, USDA.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The United States Department of Agriculture (``USDA'') grants
a project waiver of the Buy American Requirements [manufactured goods
are not produced in the United States in sufficient and reasonably
available quantities and of a satisfactory quality] of ARRA to Drew
County, Arkansas, (``County'') for the purchase of foreign manufactured
Heating, Ventilation, Air Conditioning (HVAC) equipment for a hospital
renovation and expansion project. This is a project specific waiver
under section 1605 (b)(2) of ARRA. This waiver 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 County-
proposed HVAC improvements were selected to address the unique
conditions presented by the existing building. Based upon information
submitted by the County and its consultants, it was determined that the
HVAC equipment that will meet the County's design and performance
specifications is manufactured only by Daikin and SkyAir of Japan and
Thailand, respectively. This determination is based on the review and
recommendations of the Rural Development Buy American Coordinator. The
County, through its design engineer, has provided sufficient
documentation to support its request. The Under Secretary for Rural
Development has concurred in this decision to waive Section 1605 of
ARRA. This action permits the purchase of a Daikin RXS/FTXS (wall
mounted indoor unit) HVAC unit and SkyAir FCQ/RZQ (cassette-style,
ceiling mounted indoor unit). These units address the operational
requirement to heat and cool simultaneously, perform very efficiently,
and are compatible and
[[Page 11194]]
adaptable to the space restrictions created by the existing facility.
DATES: Effective Date: March 1, 2011.
ADDRESSES: Dallas Tonsager, Under Secretary, Rural Development, U.S.
Department of Agriculture, 1400 Independence Avenue, Room 205-W,
Washington, DC 20250-0107, (202) 720-4581.
FOR FURTHER INFORMATION CONTACT: William Downs, Senior Architect,
Program Support Staff, (202) 720-1499, Rural Housing Service, Stop
0761, U. S. Department of Agriculture, 1400 Independence Avenue, SW.,
Washington, DC 20250-0761.
SUPPLEMENTARY INFORMATION: In accordance with ARRA Section 1605(c) and
pursuant to Section 1605(b)(2), USDA hereby provides notice that it is
granting a project specific waiver of the Buy American Requirements of
ARRA to Drew County, Arkansas, for the purchase of HVAC equipment,
manufactured by Daikin of Japan and SkyAir of Thailand for the hospital
renovation and expansion project.
I. Background
Section 1605(a) of ARRA requires that none of the appropriated
funds may be used for the construction, alteration, maintenance, or
repair of a public building or public work unless all of the iron,
steel, and manufactured goods used in the project are produced in the
United States, or unless a waiver is provided to the recipient by the
head of the appropriate department or agency, here the Secretary of
USDA. According to section 1605(b) of ARRA, a waiver may be granted if
the Secretary determines that (1) applying these requirements would be
inconsistent with public interest; (2) iron, steel, and 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 manufactured goods produced in the United
States will increase the cost of the overall project by more than 25
percent. The County has requested a waiver from the Buy American
Requirement for the purchase of HVAC equipment suitable for the
conditions of the existing facility and the expansion area.
The purchase of the new HVAC equipment is intended to provide the
specified air conditioning for the existing hospital renovation and
expansion. The estimated cost of the HVAC equipment improvements to
Drew County's hospital is $12,000. In designing the HVAC equipment the
designers of record evaluated the various technologies based on the
following factors:
The project requirements include addressing the
limitations of space for HVAC equipment and the associated accessories.
The project requires a very high efficiency performance
for the conditions presented by the region and the requirement for
simultaneous heating and cooling.
The project requires a frost resistant operating system.
As part of an exhaustive review and search for potentially viable
HVAC units, the County and their consultants determined that there is
no domestic manufacturer of HVAC equipment that provides the specified
performance and technical features required for this project.
According to the County, the only HVAC equipment that meets the
technical specifications is not manufactured in the United States. As a
result, the County requested a waiver of the ARRA Buy American
provisions on the basis of nonavailability of a United States
manufactured product that will meet the design and performance criteria
specified for this HVAC system.
II. Nonavailability Finding
The evaluation by USDA's technical review team and architect
supports the County's claim that a suitable HVAC system which meets the
specifications for this project is not available in sufficient and
reasonably available commercial quantities of a satisfactory quality
that is manufactured in the United States. USDA's technical review team
and architects reviewed a memorandum submitted by the County describing
the foreign equipment that fits the technical specifications for the
HVAC equipment and the process the County followed in adopting the HVAC
design. USDA's technical review team and architects conducted a
nationwide review of equipment vendors, manufacturers' representatives,
and associated resources typically relied on by designers of HVAC
equipment. The purpose of USDA's review process was to determine
whether there was any HVAC equipment manufactured in the United States
that meets the County's design specifications and performance
requirements. As a result of its review, the Secretary has determined
that based on the information available and to the best of USDA's
knowledge, there is no HVAC equipment manufactured in the United States
that meets the County's design specifications and performance
requirements for the County's Memorial Hospital renovation and
expansion project.
The Rural Development Buy American Coordinator has reviewed this
waiver request and has determined that the supporting documentation
provided by the County established a proper basis that the manufactured
good was not available from a producer in the United States able to
meet the design specifications and performance requirements for the
proposed project.
III. Waiver
Having established a proper basis that this manufactured good was
not available from a producer in the United States, the County is
hereby granted a waiver from the Buy American requirements. This waiver
permits use of ARRA funds for the purchase of the specified Daikin VRV
III heat recovery system and SkyAir FCQ/RZQ documented in the County's
waiver request submittal dated November 1, 2010, as part of its
hospital renovation and expansion project. This supplementary
information constitutes the detailed written justification required by
Section 1605(c) of ARRA for waivers ``based on a finding under
subsection (b).''
IV. Equal Opportunity and Non-Discrimination Requirements
U.S. Department of Agriculture prohibits discrimination in all of
its programs and activities on the basis of race, color, national
origin, age, disability, and where applicable, sex, marital status,
parental status, religion, sexual orientation, genetic information,
political beliefs, reprisal, or because all or part of an individual's
income is derived from any public assistance program. (Not all
prohibited bases apply to all programs.) Persons with disabilities who
require alternative means for communication of program information
(Braille, large print, audiotape, etc.) should contact USDA's TARGET
Center at (202) 720-2600 (voice and TDD). To file a complaint of
discrimination, write to USDA, Director, Office of Civil Rights, 1400
Independence Avenue, SW., Washington, DC 20250-9410, or call (800) 795-
3272 (voice), or (202) 720-6382 (TDD). ``USDA is an equal opportunity
provider, employer, and lender.''
Authority: Public Law 111-5, Section 1605.
Dated: February 17, 2011.
Thomas J. Vilsack,
Secretary of Agriculture.
[FR Doc. 2011-4482 Filed 2-28-11; 8:45 am]
BILLING CODE 3410-XV-P
