Buy American Exception Under the American Recovery and Reinvestment Act of 2009, 30966-30967 [2011-12997]

Download as PDF 30966 Federal Register / Vol. 76, No. 103 / Friday, May 27, 2011 / Notices should be aware that your entire comment—including your personal identifying information—may be made publicly available at any time. While you can ask us in your comment to withhold your personal identifying information from public review, we cannot guarantee that we will be able to do so. J. Paul Loether, Chief, National Register of Historic Places/ National Historic Landmarks Program. Cuyahoga County LaSalle Theater Building, 819–829 E. 185th St., Cleveland, 11000365 Erie County Huron School, 325 Ohio St., Huron, 11000366 Lorain County American Felsol Company Building, 200 W. 9th St., Lorain, 11000367 Muskingum County Christy, Howard Chandler, Art Studio, 6020 S. River Rd., Blue Rock, 11000368 ARKANSAS Stark County Firestone, Charles E., House, 2814 West Dale Rd., NW., Canton, 11000369 Drew County Saline Cemetery, .3 mi. S. of jct. of US 278 & Allis Rd., Wilmar, 11000353 Lawrence County Bethel Cemetery, 1.1 mi. N. of AR 117 on Cty. Rd. 225, Denton, 11000354 Lonoke County Keo Commercial Historic District, (Cotton and Rice Farm History and Architecture in the Arkansas Delta MPS) Main & Fleming Sts., AR 232, Keo, 11000355 Searcy County Martin, William P. and Rosa Lee, Farm, 7429 Campbell Rd., Marshall, 11000356 Sebastian County Greenwood Gymnasium, (New Deal Recovery Efforts in Arkansas MPS) 300 E. Gary St., Greenwood, 11000357 LOUISIANA Wayne County Orrville Downtown Historic District, Market St. roughly between High & Main, Orrville, 11000370 SOUTH CAROLINA Beaufort County Fort Howell, N. side of Beach City Rd. approx. 200 ft. SW. of the jct. with Dillon Rd., Hilton Head Island, 11000371 Newberry County Oakland Mill, 2802 Fair Ave., Newberry, 11000372 TENNESSEE Johnson County Maymead Farm, 1995 Roan Creek Rd., Mountain City, 11000373 Caddo Parish First Presbyterian Church, 900 Jordan St., Shreveport, 11000358 [FR Doc. 2011–13116 Filed 5–26–11; 8:45 am] MASSACHUSETTS DEPARTMENT OF THE INTERIOR Franklin County Franklin County Fairgrounds, 89 Wisdom Way, Greenfield, 11000359 Bureau of Reclamation BILLING CODE 4312–51–P jdjones on DSK8KYBLC1PROD with NOTICES MINNESOTA St. Louis County Ingersoll, William, Estate, (Tourism and Recreational Properties in Voyageurs National Park 1880–1950 MPS) Ingersoll’s Island, Crane Lake, 11000360 Levin, Adolph, Cottage, (Tourism and Recreational Properties in Voyageurs National Park 1880–1950 MPS) Kabetogama Narrows near Ash R. Maintenance Dock, Kabetogama Lake, 11000361 Monson’s Hoist Bay Resort, (Tourism and Recreational Properties in Voyageurs National Park 1880–1950 MPS) Hoist Bay, Namakan Lake, 11000362 Stevens, I.W., Lakeside Cottage, (Tourism and Recreational Properties in Voyageurs National Park 1880–1950 MPS) Williams Island, Namakan Lake, 11000363 OHIO Clermont County Krippendorf Estate, 4949 Tealtown Rd., Perintown, 11000364 VerDate Mar<15>2010 15:25 May 26, 2011 Jkt 223001 Buy American Exception Under the American Recovery and Reinvestment Act of 2009 Bureau of Reclamation, Interior. ACTION: Notice of approval. AGENCY: This notice provides information regarding the Bureau of Reclamation (Reclamation) approval of the Buy American waiver requested by the Deschutes River Conservancy (DRC) to purchase foreign-produced ductile iron flanges also known as bolt rings used to connect high-density polyethylene (HDPE) and polyvinyl chloride (PVC) pipe as part of the American Recovery and Reinvestment Act of 2009 (ARRA) grant for Three Sisters Irrigation District (TSID) Phase III—Main Canal piping project located in Sisters, Oregon. These ductile iron flanges are not available in the United States and are necessary for the construction of the TSID project and SUMMARY: PO 00000 Frm 00065 Fmt 4703 Sfmt 4703 associated construction schedule. The DRC and TSID engineers conducted market research for the domestic ductile iron flange production industry and determined there is currently no domestic availability for ductile iron flanges for use with HDPE and PVC pipe. DATES: The effective date of the Buy American Waiver approval was May 11, 2011. FOR FURTHER INFORMATION CONTACT: Wilson Orvis, Financial Assistance Analyst—Acquisition and Assistance Management Division, Bureau of Reclamation, Denver Federal Center, Building 56, Room 1013, P.O. Box 25007 (84–27820), Denver, CO 80225– 0007. Telephone: (303) 445–2444, or via e-mail at worvis@usbr.gov. SUPPLEMENTARY INFORMATION: Background Congress has enacted a Buy American provision which requires manufactured goods permanently incorporated into a project funded with American Recovery and Reinvestment Act of 2009 (ARRA) funds to be produced in the United States. The application of Buy American is triggered by the obligation of Federal ARRA funds to a project. Once ARRA funds are obligated to a project, then all iron, steel, and manufactured goods incorporated into the project must be produced in the United States. Under 2 CFR 176.80(a), the head of the Federal department or agency may waive the Buy American requirements for specific products on an ARRA funded construction project when Buy American is inconsistent with the public interest; such materials and products are not produced in the United States in sufficient and reasonably available quantities and of satisfactory quality; or inclusion of domestic material will increase the cost of the overall project contract by more than 25 percent. The waiver process is initiated by a requesting organization when it believes that a waiver is warranted pursuant to any of the three waiver provisions under 2 CFR 176.80(a). The DRC submitted a Buy American waiver request based on the waiver provision under 2 CFR 176.80(a)(1)—Nonavailability. The project requirements specified the use of ductile iron flanges that were determined through industry research conducted by DRC and TSID to not be domestically available. Based on the confirmation that these ductile iron flanges used with HDPE pipe are not currently available, Reclamation approved the Buy American waiver request. E:\FR\FM\27MYN1.SGM 27MYN1 Federal Register / Vol. 76, No. 103 / Friday, May 27, 2011 / Notices Reclamation’s publication of its Buy American decision is required pursuant to the Buy American Act, 2 CFR 176.80(b)(2). Upon publication of this Federal Register notice, Reclamation is notifying the public of the decision to approve the Buy American waiver requested by the DRC to purchase foreign ductile iron flanges as part of the American Recovery and Reinvestment Act of 2009 (ARRA) grant for the TSID Phase III Main Canal piping project located in Sisters, Oregon. Dated: May 20, 2011. Grayford F. Payne, Deputy Commissioner—Policy, Administration and Budget, Bureau of Reclamation. [FR Doc. 2011–12997 Filed 5–26–11;8:45 am] under section 733(b) of the Act, or, if the preliminary determinations are negative, upon notice of affirmative final determinations in the investigations under section 735(a) of the Act. Parties that filed entries of appearance in the preliminary phase of the investigations need not enter a separate appearance for the final phase of the investigations. Industrial users, and, if the merchandise under investigation is sold at the retail level, representative consumer organizations have the right to appear as parties in Commission antidumping and countervailing duty investigations. The Secretary will prepare a public service list containing the names and addresses of all persons, or their representatives, who are parties to the investigations. BILLING CODE 4310–MN–P Background INTERNATIONAL TRADE COMMISSION Investigation Nos. [731–TA–1186–1187] (Preliminary) Certain Stilbenic Optical Brightening Agents From China and Taiwan Determinations On the basis of the record 1 developed in the subject investigation, the United States International Trade Commission (Commission) determines, pursuant to section 733(a) of the Tariff Act of 1930 (19 U.S.C. 1673b(a)) (the Act), that there is a reasonable indication that an industry in the United States is materially injured by reason of imports from China and Taiwan of certain stilbenic optical brightening agents, provided for in subheadings 3204.20.80, 2933.69.6050, 2921.59.40, and 2921.59.8090 of the Harmonized Tariff Schedule of the United States, that are alleged to be sold in the United States at less than fair value (LTFV). jdjones on DSK8KYBLC1PROD with NOTICES Commencement of Final Phase Investigations Pursuant to section 207.18 of the Commission’s rules, the Commission also gives notice of the commencement of the final phase of its investigations. The Commission will issue a final phase notice of scheduling, which will be published in the Federal Register as provided in section 207.21 of the Commission’s rules, upon notice from the Department of Commerce (Commerce) of affirmative preliminary determinations in the investigation 1 The record is defined in section 207.2(f) of the Commission’s Rules of Practice and Procedure (19 CFR 207.2(f)). VerDate Mar<15>2010 15:25 May 26, 2011 Jkt 223001 On March 31, 2011, a petition was filed with the Commission and Commerce by Clariant Corp., Charlotte, NC, alleging that an industry in the United States is materially injured by reason of LTFV imports of certain stilbenic optical brightening agents from China and Taiwan. Accordingly, effective March 31, 2011, the Commission instituted antidumping duty investigation Nos. 731–TA–1186– 1187 (Preliminary). Notice of the institution of the Commission’s investigations and of a public conference to be held in connection therewith was given by posting copies of the notice in the Office of the Secretary, U.S. International Trade Commission, Washington, DC, and by publishing the notice in the Federal Register of April 7, 2011 (76 FR 19383). The conference was held in Washington, DC, on April 21, 2011, and all persons who requested the opportunity were permitted to appear in person or by counsel. The Commission transmitted its determinations in these investigations to the Secretary of Commerce on May 16, 2011. The views of the Commission are contained in USITC Publication 4236 (May 2011), entitled Certain Stilbenic Optical Brightening Agents from China and Taiwan: Investigation Nos. 731– TA–1186–1187 (Preliminary). Issued: May 23, 2011. By order of the Commission. James R. Holbein, Secretary to the Commission. [FR Doc. 2011–13185 Filed 5–26–11; 8:45 am] BILLING CODE 7020–02–P PO 00000 Frm 00066 Fmt 4703 Sfmt 4703 30967 INTERNATIONAL TRADE COMMISSION [Investigation No. 337–TA–714] In the Matter of Certain Electronic Devices With Multi-Touch Enabled Touchpads and Touchscreens; Notice of Request for Statements on the Public Interest Section 337 of the Tariff Act of 1930 provides that if the Commission finds a violation it shall exclude the articles concerned from the United States: Unless, after considering the effect of such exclusion upon the public health and welfare, competitive conditions in the United States economy, the production of like or directly competitive articles in the United States, and United States consumers, it finds that such articles should not be excluded from entry. 19 U.S.C. 1337(d)(1). A similar provision applies to cease and desist orders. 19 U.S.C. 1337(f)(1). The Commission is interested in further development of the record on the public interest in its investigations. Accordingly, the parties are invited to file submissions of no more than five (5) pages concerning the public interest in light of the administrative law judge’s Recommended Determination on Remedy and Bonding issued in this investigation on April 29, 2011. Comments should address whether issuance of a limited exclusion order and/or a cease and desist order in this investigation could affect the public health and welfare in the United States, competitive conditions in the United States economy, the production of like or directly competitive articles in the United States, or United States consumers. In particular, the Commission is interested in comments that: (i) Explain how the articles potentially subject to the orders are used in the United States; (ii) identify any public health, safety, or welfare concerns in the United States relating to the potential orders; (iii) indicate the extent to which like or directly competitive articles are produced in the United States or are otherwise available in the United States, with respect to the articles potentially subject to the orders; (iv) indicate whether Complainant, Complainant’s licensees, and/or third party suppliers have the capacity to replace the volume of articles potentially subject to an exclusion order and a cease and desist order within a commercially reasonable time; and (v) indicate whether the limited exclusion order and/or cease and desist E:\FR\FM\27MYN1.SGM 27MYN1

Agencies

[Federal Register Volume 76, Number 103 (Friday, May 27, 2011)]
[Notices]
[Pages 30966-30967]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-12997]


-----------------------------------------------------------------------

DEPARTMENT OF THE INTERIOR

Bureau of Reclamation


Buy American Exception Under the American Recovery and 
Reinvestment Act of 2009

AGENCY: Bureau of Reclamation, Interior.

ACTION: Notice of approval.

-----------------------------------------------------------------------

SUMMARY: This notice provides information regarding the Bureau of 
Reclamation (Reclamation) approval of the Buy American waiver requested 
by the Deschutes River Conservancy (DRC) to purchase foreign-produced 
ductile iron flanges also known as bolt rings used to connect high-
density polyethylene (HDPE) and polyvinyl chloride (PVC) pipe as part 
of the American Recovery and Reinvestment Act of 2009 (ARRA) grant for 
Three Sisters Irrigation District (TSID) Phase III--Main Canal piping 
project located in Sisters, Oregon. These ductile iron flanges are not 
available in the United States and are necessary for the construction 
of the TSID project and associated construction schedule. The DRC and 
TSID engineers conducted market research for the domestic ductile iron 
flange production industry and determined there is currently no 
domestic availability for ductile iron flanges for use with HDPE and 
PVC pipe.

DATES: The effective date of the Buy American Waiver approval was May 
11, 2011.

FOR FURTHER INFORMATION CONTACT: Wilson Orvis, Financial Assistance 
Analyst--Acquisition and Assistance Management Division, Bureau of 
Reclamation, Denver Federal Center, Building 56, Room 1013, P.O. Box 
25007 (84-27820), Denver, CO 80225-0007. Telephone: (303) 445-2444, or 
via e-mail at worvis@usbr.gov.

SUPPLEMENTARY INFORMATION:

Background

    Congress has enacted a Buy American provision which requires 
manufactured goods permanently incorporated into a project funded with 
American Recovery and Reinvestment Act of 2009 (ARRA) funds to be 
produced in the United States. The application of Buy American is 
triggered by the obligation of Federal ARRA funds to a project. Once 
ARRA funds are obligated to a project, then all iron, steel, and 
manufactured goods incorporated into the project must be produced in 
the United States.
    Under 2 CFR 176.80(a), the head of the Federal department or agency 
may waive the Buy American requirements for specific products on an 
ARRA funded construction project when Buy American is inconsistent with 
the public interest; such materials and products are not produced in 
the United States in sufficient and reasonably available quantities and 
of satisfactory quality; or inclusion of domestic material will 
increase the cost of the overall project contract by more than 25 
percent.
    The waiver process is initiated by a requesting organization when 
it believes that a waiver is warranted pursuant to any of the three 
waiver provisions under 2 CFR 176.80(a). The DRC submitted a Buy 
American waiver request based on the waiver provision under 2 CFR 
176.80(a)(1)--Nonavailability. The project requirements specified the 
use of ductile iron flanges that were determined through industry 
research conducted by DRC and TSID to not be domestically available. 
Based on the confirmation that these ductile iron flanges used with 
HDPE pipe are not currently available, Reclamation approved the Buy 
American waiver request.

[[Page 30967]]

    Reclamation's publication of its Buy American decision is required 
pursuant to the Buy American Act, 2 CFR 176.80(b)(2).
    Upon publication of this Federal Register notice, Reclamation is 
notifying the public of the decision to approve the Buy American waiver 
requested by the DRC to purchase foreign ductile iron flanges as part 
of the American Recovery and Reinvestment Act of 2009 (ARRA) grant for 
the TSID Phase III Main Canal piping project located in Sisters, 
Oregon.

    Dated: May 20, 2011.
Grayford F. Payne,
Deputy Commissioner--Policy, Administration and Budget, Bureau of 
Reclamation.
[FR Doc. 2011-12997 Filed 5-26-11;8:45 am]
BILLING CODE 4310-MN-P