Sunshine Act Notice, 18219 [2011-7868]
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Federal Register / Vol. 76, No. 63 / Friday, April 1, 2011 / Notices
with the public interest; (2) iron, steel,
and the relevant manufactured goods
are not produced in the United States in
sufficient and reasonably available
quantities and of a satisfactory quality;
or (3) inclusion of iron, steel, and the
relevant manufactured goods produced
in the United States will increase the
cost of the overall project by more than
25 percent.
The April 28, 2009 EPA HQ
Memorandum (‘‘EPA April memo’’),
‘‘Implementation of Buy American
provisions of Public Law 111–5, the
‘American Recovery and Reinvestment
Act of 2009’,’’ 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.’’ It further defines satisfactory
quality as ‘‘the quality of iron, steel, or
the relevant manufactured good as
specified in the project plans and
designs.’’
The purpose of the ARRA is to
stimulate economic recovery in part by
funding current infrastructure
construction, not to delay projects that
are ‘‘shovel ready’’ by requiring cities
such as Salt Lake City to revise their
standards and specifications and to start
the bidding process again. The
imposition of ARRA Buy American
requirements on such projects otherwise
eligible for ARRA State Revolving Fund
assistance would result in unreasonable
delay and thus displace the ‘‘shovel
ready’’ status for this project. To further
delay project implementation is in
direct conflict with a fundamental
economic purpose of the ARRA, which
is to create or retain jobs.
EPA’s national contractor prepared a
technical assessment report dated
February 3, 2011, based on the
submitted waiver request. The report
stated that the waiver request submittal
was complete, that adequate technical
information was provided, and that
there were no significant weaknesses in
the justification provided. The
assessment confirmed the waiver
applicant’s claim that there are no
comparable domestic products that can
meet the project specifications.
The Technical & Financial Services
Unit has reviewed this waiver request
and has determined that the supporting
documentation provided by Salt Lake
City is sufficient to meet the criteria
listed under Section 1605(b) of the
ARRA and in the EPA April memo: Iron,
steel, and the manufactured goods are
not produced in the United States in
sufficient and reasonably available
quantities and of a satisfactory quality.
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20:09 Mar 31, 2011
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The basis for this project waiver is the
authorization provided in Section
1605(b)(2) of the ARRA. Due to the lack
of production of this product in the
United States in sufficient and
reasonably available quantities and of a
satisfactory quality in order to meet Salt
Lake City’s performance specifications
and requirements, a waiver from the
Buy American requirement is justified.
EPA has determined that the City’s
waiver request may be treated as timely
even though the request was made after
the construction contract was signed.
Consistent with the direction of the
OMB Guidance at 2 CFR 176.120, EPA
has evaluated the City’s request to
determine if the request constitutes a
late request. 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, in this case EPA has
determined that the City’s request,
though made after the date that the
contract was signed, can be evaluated as
timely because the need for the waiver
was not reasonably foreseeable. The
waiver request was submitted after the
contract date due to a change order that
was approved on June 14, 2010. The
original project only included installing
new covers on the digesters; however,
once the project started, it was
determined that there were major
structural deficiencies and the digester
tanks needed to be rehabilitated as well,
which included installing new mixers.
As soon as it was determined that the
mixers had non-U.S. components, Salt
Lake City started the waiver request
process. Accordingly, EPA will evaluate
the request as a timely request.
The March 31, 2009 Delegation of
Authority Memorandum provided
Regional Administrators with the
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, Salt Lake City is
hereby granted a waiver from the Buy
American requirements of Section
1605(a) of Public Law 111–5 for the
purchase of three vertical linear motion
mixers using ARRA funds as specified
in the City’s request of January 25, 2011.
This supplementary information
constitutes the detailed written
justification required by Section 1605(c)
for waivers ‘‘based on a finding under
subsection (b).’’
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18219
Authority: Public Law 111–5, section
1605.
Dated: March 18, 2011.
James Martin,
Regional Administrator, Region 8.
[FR Doc. 2011–7786 Filed 3–31–11; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL ELECTION COMMISSION
Sunshine Act Notice
Federal Election Commission.
Tuesday, April 5, 2011,
at 10 a.m.
PLACE: 999 E Street, NW., Washington,
DC.
STATUS: This meeting will be closed to
the public.
ITEMS TO BE DISCUSSED:
Compliance matters pursuant to 2
U.S.C. 437g.
Audits conducted pursuant to 2 U.S.C.
437g, 438(b), and Title 26, U.S.C.
Matters concerning participation in civil
actions or proceedings or arbitration.
Internal personnel rules and procedures
or matters affecting a particular
employee.
PERSON TO CONTACT FOR INFORMATION:
Judith Ingram, Press Officer, Telephone:
(202) 694–1220.
AGENCY:
DATE AND TIME:
Shawn Woodhead Werth,
Secretary and Clerk of the Commission.
[FR Doc. 2011–7868 Filed 3–30–11; 11:15 am]
BILLING CODE 6715–01–P
FEDERAL MARITIME COMMISSION
Notice of Agreement Filed
The Commission hereby gives notice
of the filing of the following agreement
under the Shipping Act of 1984.
Interested parties may submit comments
on the agreements to the Secretary,
Federal Maritime Commission,
Washington, DC 20573, within ten days
of the date this notice appears in the
Federal Register. Copies of the
agreements are available through the
Commission’s Web site (https://
www.fmc.gov) or by contacting the
Office of Agreements at (202) 523–5793
or tradeanalysis@fmc.gov.
Agreement No.: 012112–001.
Title: Evergreen/Maersk Slot Charter
Agreement.
Parties: Evergreen Line Joint Service
Agreement and A.P. Moller-Maersk A/S.
Filing Party: Paul M. Keane, Esq.;
Cichanowicz, Callan, Keane, Vengrow &
Textor, LLP; 61 Broadway, Suite 3000,
New York, NY 10006–2802
Synopsis: The amendment extends
the agreement through May 31, 2011.
E:\FR\FM\01APN1.SGM
01APN1
]]>Agencies
[Federal Register Volume 76, Number 63 (Friday, April 1, 2011)]
[Notices]
[Page 18219]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-7868]
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FEDERAL ELECTION COMMISSION
Sunshine Act Notice
AGENCY: Federal Election Commission.
DATE AND TIME: Tuesday, April 5, 2011, at 10 a.m.
PLACE: 999 E Street, NW., Washington, DC.
STATUS: This meeting will be closed to the public.
ITEMS TO BE DISCUSSED:
Compliance matters pursuant to 2 U.S.C. 437g.
Audits conducted pursuant to 2 U.S.C. 437g, 438(b), and Title 26,
U.S.C.
Matters concerning participation in civil actions or proceedings or
arbitration.
Internal personnel rules and procedures or matters affecting a
particular employee.
PERSON TO CONTACT FOR INFORMATION: Judith Ingram, Press Officer,
Telephone: (202) 694-1220.
Shawn Woodhead Werth,
Secretary and Clerk of the Commission.
[FR Doc. 2011-7868 Filed 3-30-11; 11:15 am]
BILLING CODE 6715-01-P
