Notice of a Regional Project Waiver of Section 1605 (Buy American) of the American Recovery and Reinvestment Act of 2009 (ARRA) to the City of South Burlington, VT, 26725-26726 [2011-11216]
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WReier-Aviles on DSKGBLS3C1PROD with NOTICES
Federal Register / Vol. 76, No. 89 / Monday, May 9, 2011 / Notices
discharge of any of these materials to
the ice pier:
(a) Petroleum products unloaded from
supply tankers to storage tanks at
McMurdo Station;
(b) Drummed chemicals, petroleum
products, and all materials unloaded
from cargo freighters to supply depots at
McMurdo Station; and
(c) All materials loaded to freighters
destined to be returned to bases outside
Antarctica.
(2) If a spill or discharge occurs on an
ice pier, clean-up procedures must be
completed by NSF or its contractors to
a level below any visible evidence of the
spill or discharge. All spills or
discharges on an ice pier must be
cleaned up within two hours of the spill
or discharge, unless circumstances
prevent cleanup within that time frame.
In that event, the spill or discharge shall
be cleaned up as soon as possible
thereafter.
(3) As part of normal monitoring
requirements, a record of the following
information shall be kept by NSF:
(a) The date and time of all spills or
discharges, the location of the spill or
discharge, a description of the material
that was spilled or discharged, the
approximate volume of the spill or
discharge, clean-up procedures
employed, and the results of those
procedures;
(b) The number of wooden poles
remaining in the pier at the time of its
release from McMurdo Station, and
their approximate length;
(c) The approximate length of the
steel cables remaining in the pier at the
time of its release from McMurdo
Station;
(d) Any other non-ice materials
remaining on the pier at the time of its
release from McMurdo Station; and
(e) The date of detachment of the pier
from McMurdo Station, and the
geographic coordinates (latitude and
longitude) of the point of final release of
the pier in McMurdo Sound or the
Antarctic Sea.
(4) The non-embedded ends of all
wooden utility poles or bollards shall be
cut off from the ice pier prior to
disposal, and shall not be disposed of in
the ocean.
(5) Prior to the ocean dumping of any
ice piers, the NSF shall take the
following actions:
(a) Other than the matter physically
embedded in the ice pier (such as the
ends of wooden light poles frozen in the
pier, and the strengthening steel cables),
all other objects (including the nonembedded portions of the wooden poles
used for lighting, power, or telephone
connections, and any removable cables,
equipment debris, or objects of
VerDate Mar<15>2010
15:23 May 06, 2011
Jkt 223001
anthropogenic origin), shall be removed
from the ice pier prior to dumping;
(b) The gravel non-slip surface of the
ice pier shall be removed to the
maximum extent possible, and shall be
stored on the mainland for subsequent
use during the next operating season;
and
(c) A methodology to track any ice
piers released from McMurdo Station
shall be established and utilized for a
period of one year from the date of
release of the ice pier. The results of
these tracking efforts shall be included
in the annual reports that the NSF is
required to submit to the Agency.
(6) The NSF shall submit a report by
June 30 of every year to the Director,
Oceans and Coastal Protection Division,
Office of Water, 1200 Pennsylvania
Avenue, N.W., Washington, DC 20460,
on:
(a) Any spills, discharges, or clean-up
procedures on the ice pier at McMurdo
Station;
(b) Any ocean dumping of ice piers
from McMurdo Station; and
(c) Any tracking efforts of ice piers
released from McMurdo Station under
this general permit, for the year
preceding the date of the annual report.
(7) For the purpose of this permit, the
term ‘‘ice pier(s)’’ means those manmade ice structures containing
embedded steel cable, wooden pole
ends, and any remaining gravel frozen
into the surface of the pier, that are
constructed at McMurdo Station,
Antarctica, for the purpose of offloading the annual provisions of fuel,
supplies, and materiel for use by NSF
activities in Antarctica, as well as for
the purpose of loading the previous
year’s accumulation of wastes, which
can be returned to the United States for
recycling and disposal.
(8) This permit shall be valid until
(month)(day), 2018.
[FR Doc. 2011–11211 Filed 5–6–11; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–9303–3]
Notice of a Regional Project Waiver of
Section 1605 (Buy American) of the
American Recovery and Reinvestment
Act of 2009 (ARRA) to the City of South
Burlington, VT
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
The EPA is hereby granting a
waiver of the Buy American
requirements of ARRA Section 1605
SUMMARY:
PO 00000
Frm 00041
Fmt 4703
Sfmt 4703
26725
under the authority of Section
1605(b)(1) [inconsistent with the public
interest] to the City of South Burlington,
Vermont (‘‘City’’) for the installation of
two specific turbo aeration blower units
for the City’s Airport Parkway
Wastewater Treatment Plant Upgrade
project. This is a project specific waiver
and only applies to the use of the
specified products for the ARRA project
under construction. Any other ARRA
recipient that wishes to use the same
products must apply for a separate
waiver based on project specific
circumstances. The City was provided
written representations by the
manufacturer (K Turbo USA) during
2009 and early 2010 that the turbo
aeration blower units being supplied
would be substantially transformed in
the United States and would be in
compliance with the Buy American
provisions of ARRA. However, as a
result of a recent on-going criminal
investigation, the written
representations provided by the
manufacturer that the specified aeration
blowers units had undergone substantial
transformation in the United States have
been questioned. Based on the
information provided by the City, EPA
agrees with the City that, if the K–Turbo
units in question are determined to be
non-American made, requiring the
installation of domestically
manufactured turbo aeration blower
units will extend the time frame of the
project by approximately five months
due to the redesign, procurement,
submittal delivery, submittal review,
fabrication, delivery, and replacement of
the aeration blower installation at the
construction site. This delay is
inconsistent with the public interest,
and a waiver of the Buy American
provisions in these circumstances is
justified. The Regional 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 the
requirements of Section 1605(a) of
ARRA. This action allows the
installation of the two specified turbo
aeration blower units that have already
been delivered to the construction site
as noted in the City’s March 31, 2011
request.
DATES: Effective Date: May 9, 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),
E:\FR\FM\09MYN1.SGM
09MYN1
WReier-Aviles on DSKGBLS3C1PROD with NOTICES
26726
Federal Register / Vol. 76, No. 89 / Monday, May 9, 2011 / Notices
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 specific waiver of
the requirements of Section 1605(a) of
Public Law 111–5, Buy American
requirements, to the City of South
Burlington (City), Vermont for the
installation of two specified aeration
blower units as part of its Airport
Parkway Wastewater Treatment Plant
Upgrade project. Based on the
information provided by the City, EPA
has determined that it is inconsistent
with the public interest for the City to
further delay the project to pursue the
purchase and installation of domestic
manufactured turbo aeration blower
units.
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 under Section 1605(b) 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.
Consistent with the direction of
OMB’s regulation at 2 CFR 176.120, EPA
will generally consider a waiver request
with respect to components that were
specified in the bid solicitation or in a
general/primary construction contract or
those made after obligating ARRA funds
for a project to be a ‘‘late’’ request.
However, in this case EPA has
determined that the City’s request,
though made after the date the contract
was signed, can be evaluated as timely
because of the extenuating
circumstances surrounding this ongoing project.
The City was provided written
representations prior to delivery by the
manufacturer that the specified turbo
aeration blower units would be
substantially transformed in the United
States. During the spring of 2010, the
City’s general contractor and design
engineer were actively engaged in the
VerDate Mar<15>2010
15:23 May 06, 2011
Jkt 223001
shop drawing submittal and review
process. The general contractor
submitted technical information to the
design engineer for review and
approval, along with ARRA certification
required for contract specifications. The
shop drawing process for the KTurbo
aeration blower units was completed at
that time and KTurbo provided
additional certification regarding
substantial transformation and
compliance with the ARRA
requirements, specifically the Buy
American provision. However, as a
result of a recent on-going criminal
investigation, the written
representations provided by the
manufacturer that these specific turbo
aeration blowers units had undergone
substantial transformation in the United
States have been questioned. The City of
South Burlington could not reasonably
have foreseen the need for a waiver from
the Buy American provisions of ARRA
until it was fully informed of the
extenuating circumstances surrounding
the on-going criminal investigation
involving KTurbo. Accordingly, EPA
will evaluate the request as if it were
timely.
As of March 31, 2011, the City’s
Airport Parkway Wastewater Treatment
Facility Upgrade construction project is
approximately two thirds completed.
One of the old existing three aeration
blower units has already been removed,
and one of the new turbo aeration
blower units has already been installed
and is in operation serving the plant’s
main biological treatment process. This
aeration blower unit is identical to the
two specified aeration blower units
involved in this waiver request that
have not yet been installed. The General
Contractor’s plans are to install these
two specified turbo aeration blower
units during April of 2011 to stay on its
critical path to complete construction.
Not allowing the installation of these
two specified turbo aeration blower
units that have been delivered to the site
would cause a significant time delay to
the project. The City would need to
completely redesign, procure, and have
domestic manufactured turbo aeration
blower units delivered to the site. In
addition, the City would need to make
some necessary building and room
changes (e.g. associated piping and
electrical revisions) to accommodate
any replacement units, install, and
properly start-up the new equipment.
According to the City, it is estimated
that this approach could delay the
construction completion date by up to
five months.
In addition to imposing a lengthy time
delay to the project, not installing the
two other specified aeration blower
PO 00000
Frm 00042
Fmt 4703
Sfmt 9990
units would result in an unbalanced air
blower system comprised of one high
efficiency turbo blower with specific
performance characteristics, and two
conventional centrifugal blowers with
different performance characteristics.
Operation and maintenance of such an
unbalanced system is not common and
is not recommended since it would
result in additional operating costs due
to additional plant training, additional
and non-matching spare parts, and
possibly additional maintenance and
repair, resulting in risk to water quality.
The Municipal Assistance Unit (CMU)
has reviewed this waiver request and
has determined that the documentation
provided by the City has established a
proper basis to specify that using the
domestic manufactured good, if in fact
the goods provided by K–Turbo are
determined to be non-domestic, would
be inconsistent with the public interest.
The information provided is sufficient
to meet the following criteria listed
under Section 1605(b)(1) of the ARRA
and in the April 28, 2009 Memorandum:
Applying these requirements would be
inconsistent with the public interest.
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 using
a domestically available alternative
manufactured good, if in fact the goods
provided by K–Turbo are determined to
be non-domestic, would be inconsistent
with the public interest, the City of
South Burlington, Vermont is hereby
granted a waiver from the Buy American
requirements of Section 1605(a) of
Public Law 111–5. This waiver permits
the use of ARRA funds for the
installation of two specified turbo
aeration blower units documented in
the City’s waiver request submittal
dated March 31, 2011. This
supplementary information constitutes
the detailed written justification
required by Section 1605(c) for waivers
based on a finding under subsection (b).
Authority: Public Law 111–5, section
1605.
Dated: April 28, 2011.
Ira W. Leighton,
Acting Regional Administrator, EPA Region
1—New England.
[FR Doc. 2011–11216 Filed 5–6–11; 8:45 am]
BILLING CODE 6560–50–P
E:\FR\FM\09MYN1.SGM
09MYN1
]]>Agencies
[Federal Register Volume 76, Number 89 (Monday, May 9, 2011)]
[Notices]
[Pages 26725-26726]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-11216]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-9303-3]
Notice of a Regional Project Waiver of Section 1605 (Buy
American) of the American Recovery and Reinvestment Act of 2009 (ARRA)
to the City of South Burlington, VT
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)(1) [inconsistent with the public interest] to the City of South
Burlington, Vermont (``City'') for the installation of two specific
turbo aeration blower units for the City's Airport Parkway Wastewater
Treatment Plant Upgrade project. This is a project specific waiver and
only applies to the use of the specified products for the ARRA project
under construction. Any other ARRA recipient that wishes to use the
same products must apply for a separate waiver based on project
specific circumstances. The City was provided written representations
by the manufacturer (K Turbo USA) during 2009 and early 2010 that the
turbo aeration blower units being supplied would be substantially
transformed in the United States and would be in compliance with the
Buy American provisions of ARRA. However, as a result of a recent on-
going criminal investigation, the written representations provided by
the manufacturer that the specified aeration blowers units had
undergone substantial transformation in the United States have been
questioned. Based on the information provided by the City, EPA agrees
with the City that, if the K-Turbo units in question are determined to
be non-American made, requiring the installation of domestically
manufactured turbo aeration blower units will extend the time frame of
the project by approximately five months due to the redesign,
procurement, submittal delivery, submittal review, fabrication,
delivery, and replacement of the aeration blower installation at the
construction site. This delay is inconsistent with the public interest,
and a waiver of the Buy American provisions in these circumstances is
justified. The Regional 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 the requirements of Section 1605(a) of ARRA. This action
allows the installation of the two specified turbo aeration blower
units that have already been delivered to the construction site as
noted in the City's March 31, 2011 request.
DATES: Effective Date: May 9, 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),
[[Page 26726]]
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 specific
waiver of the requirements of Section 1605(a) of Public Law 111-5, Buy
American requirements, to the City of South Burlington (City), Vermont
for the installation of two specified aeration blower units as part of
its Airport Parkway Wastewater Treatment Plant Upgrade project. Based
on the information provided by the City, EPA has determined that it is
inconsistent with the public interest for the City to further delay the
project to pursue the purchase and installation of domestic
manufactured turbo aeration blower units.
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 under Section 1605(b) 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.
Consistent with the direction of OMB's regulation at 2 CFR 176.120,
EPA will generally consider a waiver request with respect to components
that were specified in the bid solicitation or in a general/primary
construction contract or those made after obligating ARRA funds for a
project to be a ``late'' request. However, in this case EPA has
determined that the City's request, though made after the date the
contract was signed, can be evaluated as timely because of the
extenuating circumstances surrounding this on-going project.
The City was provided written representations prior to delivery by
the manufacturer that the specified turbo aeration blower units would
be substantially transformed in the United States. During the spring of
2010, the City's general contractor and design engineer were actively
engaged in the shop drawing submittal and review process. The general
contractor submitted technical information to the design engineer for
review and approval, along with ARRA certification required for
contract specifications. The shop drawing process for the KTurbo
aeration blower units was completed at that time and KTurbo provided
additional certification regarding substantial transformation and
compliance with the ARRA requirements, specifically the Buy American
provision. However, as a result of a recent on-going criminal
investigation, the written representations provided by the manufacturer
that these specific turbo aeration blowers units had undergone
substantial transformation in the United States have been questioned.
The City of South Burlington could not reasonably have foreseen the
need for a waiver from the Buy American provisions of ARRA until it was
fully informed of the extenuating circumstances surrounding the on-
going criminal investigation involving KTurbo. Accordingly, EPA will
evaluate the request as if it were timely.
As of March 31, 2011, the City's Airport Parkway Wastewater
Treatment Facility Upgrade construction project is approximately two
thirds completed. One of the old existing three aeration blower units
has already been removed, and one of the new turbo aeration blower
units has already been installed and is in operation serving the
plant's main biological treatment process. This aeration blower unit is
identical to the two specified aeration blower units involved in this
waiver request that have not yet been installed. The General
Contractor's plans are to install these two specified turbo aeration
blower units during April of 2011 to stay on its critical path to
complete construction.
Not allowing the installation of these two specified turbo aeration
blower units that have been delivered to the site would cause a
significant time delay to the project. The City would need to
completely redesign, procure, and have domestic manufactured turbo
aeration blower units delivered to the site. In addition, the City
would need to make some necessary building and room changes (e.g.
associated piping and electrical revisions) to accommodate any
replacement units, install, and properly start-up the new equipment.
According to the City, it is estimated that this approach could delay
the construction completion date by up to five months.
In addition to imposing a lengthy time delay to the project, not
installing the two other specified aeration blower units would result
in an unbalanced air blower system comprised of one high efficiency
turbo blower with specific performance characteristics, and two
conventional centrifugal blowers with different performance
characteristics. Operation and maintenance of such an unbalanced system
is not common and is not recommended since it would result in
additional operating costs due to additional plant training, additional
and non-matching spare parts, and possibly additional maintenance and
repair, resulting in risk to water quality.
The Municipal Assistance Unit (CMU) has reviewed this waiver
request and has determined that the documentation provided by the City
has established a proper basis to specify that using the domestic
manufactured good, if in fact the goods provided by K-Turbo are
determined to be non-domestic, would be inconsistent with the public
interest. The information provided is sufficient to meet the following
criteria listed under Section 1605(b)(1) of the ARRA and in the April
28, 2009 Memorandum: Applying these requirements would be inconsistent
with the public interest.
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 using a domestically available
alternative manufactured good, if in fact the goods provided by K-Turbo
are determined to be non-domestic, would be inconsistent with the
public interest, the City of South Burlington, Vermont is hereby
granted a waiver from the Buy American requirements of Section 1605(a)
of Public Law 111-5. This waiver permits the use of ARRA funds for the
installation of two specified turbo aeration blower units documented in
the City's waiver request submittal dated March 31, 2011. This
supplementary information constitutes the detailed written
justification required by Section 1605(c) for waivers based on a
finding under subsection (b).
Authority: Public Law 111-5, section 1605.
Dated: April 28, 2011.
Ira W. Leighton,
Acting Regional Administrator, EPA Region 1--New England.
[FR Doc. 2011-11216 Filed 5-6-11; 8:45 am]
BILLING CODE 6560-50-P
