Sunshine Act Notice, 18219 [2011-7868]

Download as PDF mstockstill on DSKH9S0YB1PROD with NOTICES 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. VerDate Mar<15>2010 20:09 Mar 31, 2011 Jkt 223001 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).’’ PO 00000 Frm 00076 Fmt 4703 Sfmt 4703 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 (http:// 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