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 Marathon, FL, 31330-31331 [2011-13401]
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Federal Register / Vol. 76, No. 104 / Tuesday, May 31, 2011 / Notices
mstockstill on DSK4VPTVN1PROD with NOTICES
constant dose rate. The average lifetime
dose from natural background radiation
(not including radon) is about 75 mGy.
Using the summary risk coefficients in
the Blue Book, this corresponds to about
87 out of 10,000 people in the U.S. who
would get cancer from natural
background radiation, with 44 out of the
87 resulting in death. Radiogenic risks
(per unit dose) are substantially larger
for childhood than adult exposures, and
tend to be larger for females than males.
Risks per unit dose are larger for breast,
lung and colon cancers than for most
other cancer sites.
For both males and females, the
estimated risk for cancer incidence (for
all cancers combined) increased by
about 35% from EPA’s previous
estimates published in Federal
Guidance Report 13 (FGR–13). However,
for some individual cancer sites, relative
changes in cancer incidence are more
than two-fold. In general, the new EPA
mortality estimates do not differ greatly
from those in FGR–13; remarkably, for
all sites combined, the estimates for
mortality changed by less than 2% for
both males and females.
Aside from the case of radon (which
is not in the scope of this report),
human data on risks from a-particles are
much more limited than for most other
types of radiation. For most cancer
types, results from laboratory
experiments indicate that the risk per
unit dose may be about 20 times greater
for a-particles than for g-rays. Thus, risk
coefficients for a-particles (for most
cancers) are derived by multiplying the
corresponding risk coefficients for g-rays
by a factor of 20.
EPA will use the scientific
information on radiation risks provided
in the Blue Book, together with
information from other sources, when
considering potential modifications and
updates to radiation protection rules
and guidance. The complete Blue Book,
EPA Radiogenic Cancer Risk Models
and Projections for the U.S. Population
(EPA 402–R–11–001, April 2011), can
be accessed at https://epa.gov/radiation/
assessment/blue-book/.
Dated: May 24, 2011.
Michael P. Flynn,
Director, Office of Radiation and Indoor Air.
[FR Doc. 2011–13395 Filed 5–27–11; 8:45 am]
BILLING CODE 6560–50–P
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17:27 May 27, 2011
Jkt 223001
ENVIRONMENTAL PROTECTION
AGENCY
[FRL –9303–7]
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
Marathon, FL
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
The EPA is hereby granting a
project waiver of the Buy American
requirements of ARRA Section 1605
under the authority of Section 1605(b)
(2) [manufactured goods are not
produced in the United States in
sufficient and reasonably available
quantities and of a satisfactory quality]
to the City of Marathon, Florida for the
purchase of nine submerged membrane
units (SMUs), as part of an overall
membrane bioreactor system (MBR),
from Kubota Corporation in Japan. The
submerged membrane unit is a specialty
product for this project. The membrane
bioreactor system for which this SMU
will be used is an advanced wastewater
treatment process, which is designed to
meet the high quality effluent
requirements of the waste load
allocation, under the National Pollutant
Discharge Elimination System (NPDES)
permit. Additionally, the City of
Marathon facility has specific technical
design requirements for the installation
of the SMUs with the membrane
bioreactor treatment process, including
tankage footprint, geometry, and
configuration. Only the Kubota
Corporation product meets all these
requirements. The City stated that there
are no apparent domestic manufactured
submerged membrane units with the
design specifications as required for this
project. This is a project specific waiver
and only applies to the use of the
specified product for the ARRA project
being approved. Waivers for these types
of products and components have
already been published in the Federal
Register, however, any other ARRA
recipient that wishes to use the same
product must apply for a separate
waiver based on project specific
circumstances. Based on the review of
the information provided, EPA has
concluded that a waiver of the Buy
American provisions is justified. The
Regional Administrator is making this
determination based on the review and
recommendation of the EPA Region 4,
Water Protection Division, Grants and
Infrastructure Branch. The Assistant
Administrator of the Office of
Administration and Resources
SUMMARY:
PO 00000
Frm 00036
Fmt 4703
Sfmt 4703
Management has concurred on this
decision to make an exception to
Section 1605 of ARRA. This action
permits the City to purchase nine
submerged membrane units
manufactured by Kubota, for the
proposed project being implemented by
the City of Marathon, Florida.
DATES: Effective Date: May 31, 2011.
FOR FURTHER INFORMATION CONTACT:
Cynthia Y. Edwards, Project Officer,
Grants and SRF Section, Water
Protection Division (WPD), (404) 562–
9340, USEPA Region 4, 61 Forsyth St.,
SW., Atlanta, GA 30303.
SUPPLEMENTARY INFORMATION: In
accordance with ARRA Section 1605(c),
the EPA hereby provides notice that it
is granting a project waiver of the
requirements of Sections 1605(a) of
Public Law 111–5, Buy American
requirements, to the City of Marathon,
Florida, for the purchase of nine
submerged membrane units,
manufactured by Kubota of Japan.
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 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 agency, here the EPA. A
waiver may be provided 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.
The City has requested a waiver from
the Buy American Provision for the
purchase of nine submerged membrane
units, a specialty product for this
project. The membrane bioreactor
system for which this SMU will be used
is an advanced wastewater treatment
process, which is designed to meet the
high quality effluent requirements of the
waste load allocation, under the NPDES
permit. The Marathon Area 5 Waste
Water Treatment Plant (WWTP)
Upgrade Project is a retrofit of an
existing WWTP that will allow it to
meet additional flow demands
generated by Area 5. There is no
additional land available for the
expansion of the WWTP. Therefore, it is
necessary to use membrane technology
to increase capacity without expanding
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31MYN1
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Federal Register / Vol. 76, No. 104 / Tuesday, May 31, 2011 / Notices
the project site. The membrane
modules, as manufactured by Kubota of
Japan, are specified for this technology.
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 a waiver
was not reasonably foreseeable. The
Area 5 Wastewater Treatment Plant
project initially began design in October
of 2008, prior to ARRA funding. After
the preliminary design was completed,
it was determined that the plant site
could not be extended as was previously
planned. The design approach was
changed from SBR technology to
membrane technology due to the limited
space available. It was discovered
during final design in July of 2010 that
similar membranes on the market would
also need a waiver, as they were also
manufactured outside of the United
States. The project specifications,
including performance criteria,
certification criteria, and design criteria,
require that the SMU be a Kubota EK–
400 type unit that will be a part of a
MBR system provided by Enviroquip/
Ovivo.
EPA technical reviews for similar
ARRA waiver requests found other
manufacturers of submerged membrane
filtration systems including Dynatec,
Veolia/Kruger, GE Water Technologies,
Norit, Pall, Siemens, Toray, and Koch.
All manufacturers confirmed that their
membrane units were obtained outside
the U.S. The technical reviews did not
find a membrane unit manufactured in
the U.S. The City of Marathon
considered Aqua-Aerobic and Zenon
technologies, and found that these
products are also made outside the U.S.
EPA and the City’s submissions clearly
have provided sufficient documentation
that the relevant manufactured goods
are not produced in the United States in
sufficient and reasonably available
quantity and of a satisfactory quality to
meet its technical specifications.
The April 28, 2009 EPA Headquarters
Memorandum, ‘‘Implementation of Buy
American provisions of Public Law
111–5, the American Recovery and
VerDate Mar<15>2010
17:27 May 27, 2011
Jkt 223001
Reinvestment Act of 2009,’’ defines
‘‘satisfactory quality’’ as ‘‘the quality of
steel, iron or manufactured goods
specified in the project plans and
designs.’’
EPA’s national contractor prepared a
technical assessment report dated
December 27, 2010 based on the
submitted waiver request. The report
stated that the waiver request submittal
was complete, that adequate technical
information was provided, and a waiver
was supported by the available
evidence. The purpose of the ARRA
provisions is to stimulate economic
recovery by funding current
infrastructure construction, not to delay
projects that are already shovel ready by
requiring entities, like the City, to revise
their design and potentially choose a
more costly and less efficient project.
The imposition of ARRA Buy American
requirements on such projects would
result in unreasonable delay and thus
displace the ‘‘shovel ready’’ status for
this project. To further delay
construction is in direct conflict with
the most fundamental economic
purposes of ARRA: To create or retain
jobs.
The Region 4 Grants and
Infrastructure Branch has reviewed this
waiver request and has determined that
the supporting documentation provided
by the City is sufficient to meet the
criteria listed under ARRA Section
1605(b), OMB’s regulation at 2 CFR
176.100, and the aforementioned EPA
Headquarters Memorandum of April 28,
2009. ARRA Section 1605(b)(2) permits
a waiver if ‘‘Iron, steel, and
manufactured goods are not produced in
the United States in sufficient and
reasonably available quantities and of a
satisfactory quality.’’ This waiver
request meets this criterion and is
justified.
The March 31, 2009, Delegation of
Authority Memorandum provided
Regional Administrators with the
authority to issue exceptions to Section
1605 of 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
application of the Buy American
requirements would be inconsistent
with the public interest, the City of
Marathon is hereby granted a waiver
from the Buy American requirements.
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,
The City of Marathon, Florida is granted
PO 00000
Frm 00037
Fmt 4703
Sfmt 4703
31331
a waiver from the Buy American
requirements of Section 1605(a) of
Public Law 111–5 for the purchase of
nine submerged membrane units as
specified in the City’s request of
December 3, 2010 with supplemental
information provided on December 6,
2010. This supplemental information
constitutes the detailed written
justification required by Section 1605(c)
for waivers ‘‘based on a finding under
subsection 9b.’’ requirements of Section
1605(a) of Public Law 111–5.
Authority: Pub. L. 111–5, section 1605.
Dated: April 5, 2011.
A. Stanley Meiburg,
Acting, Regional Administrator, Region 4.
[FR Doc. 2011–13401 Filed 5–27–11; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
Information Collections Being
Submitted for Review and Approval to
the Office of Management and Budget
Federal Communications
Commission.
ACTION: Notice and request for
comments.
AGENCY:
The Federal Communications
Commission, as part of its continuing
effort to reduce paperwork burden
invites the general public and other
Federal agencies to take this
opportunity to comment on the
following information collection(s), as
required by the Paperwork Reduction
Act (PRA) of 1995. Comments are
requested concerning: (a) Whether the
proposed collection of information is
necessary for the proper performance of
the functions of the Commission,
including whether the information shall
have practical utility; (b) the accuracy of
the Commission’s burden estimate; (c)
ways to enhance the quality, utility, and
clarity of the information collected; (d)
ways to minimize the burden of the
collection of information on the
respondents, including the use of
automated collection techniques or
other forms of information technology;
and (e) ways to further reduce the
information collection burden for small
business concerns with fewer than 25
employees.
The FCC may not conduct or sponsor
a collection of information unless it
displays a currently valid control
number. No person shall be subject to
any penalty for failing to comply with
a collection of information subject to the
Paperwork Reduction Act (PRA) that
SUMMARY:
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]]>Agencies
[Federal Register Volume 76, Number 104 (Tuesday, May 31, 2011)]
[Notices]
[Pages 31330-31331]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-13401]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL -9303-7]
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 Marathon, FL
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The EPA is hereby granting a project waiver of the Buy
American requirements of ARRA Section 1605 under the authority of
Section 1605(b) (2) [manufactured goods are not produced in the United
States in sufficient and reasonably available quantities and of a
satisfactory quality] to the City of Marathon, Florida for the purchase
of nine submerged membrane units (SMUs), as part of an overall membrane
bioreactor system (MBR), from Kubota Corporation in Japan. The
submerged membrane unit is a specialty product for this project. The
membrane bioreactor system for which this SMU will be used is an
advanced wastewater treatment process, which is designed to meet the
high quality effluent requirements of the waste load allocation, under
the National Pollutant Discharge Elimination System (NPDES) permit.
Additionally, the City of Marathon facility has specific technical
design requirements for the installation of the SMUs with the membrane
bioreactor treatment process, including tankage footprint, geometry,
and configuration. Only the Kubota Corporation product meets all these
requirements. The City stated that there are no apparent domestic
manufactured submerged membrane units with the design specifications as
required for this project. This is a project specific waiver and only
applies to the use of the specified product for the ARRA project being
approved. Waivers for these types of products and components have
already been published in the Federal Register, however, any other ARRA
recipient that wishes to use the same product must apply for a separate
waiver based on project specific circumstances. Based on the review of
the information provided, EPA has concluded that a waiver of the Buy
American provisions is justified. The Regional Administrator is making
this determination based on the review and recommendation of the EPA
Region 4, Water Protection Division, Grants and Infrastructure Branch.
The Assistant Administrator of the Office of Administration and
Resources Management has concurred on this decision to make an
exception to Section 1605 of ARRA. This action permits the City to
purchase nine submerged membrane units manufactured by Kubota, for the
proposed project being implemented by the City of Marathon, Florida.
DATES: Effective Date: May 31, 2011.
FOR FURTHER INFORMATION CONTACT: Cynthia Y. Edwards, Project Officer,
Grants and SRF Section, Water Protection Division (WPD), (404) 562-
9340, USEPA Region 4, 61 Forsyth St., SW., Atlanta, GA 30303.
SUPPLEMENTARY INFORMATION: In accordance with ARRA Section 1605(c), the
EPA hereby provides notice that it is granting a project waiver of the
requirements of Sections 1605(a) of Public Law 111-5, Buy American
requirements, to the City of Marathon, Florida, for the purchase of
nine submerged membrane units, manufactured by Kubota of Japan.
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 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 agency, here the EPA. A waiver may be provided
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.
The City has requested a waiver from the Buy American Provision for
the purchase of nine submerged membrane units, a specialty product for
this project. The membrane bioreactor system for which this SMU will be
used is an advanced wastewater treatment process, which is designed to
meet the high quality effluent requirements of the waste load
allocation, under the NPDES permit. The Marathon Area 5 Waste Water
Treatment Plant (WWTP) Upgrade Project is a retrofit of an existing
WWTP that will allow it to meet additional flow demands generated by
Area 5. There is no additional land available for the expansion of the
WWTP. Therefore, it is necessary to use membrane technology to increase
capacity without expanding
[[Page 31331]]
the project site. The membrane modules, as manufactured by Kubota of
Japan, are specified for this technology. 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 a waiver was not reasonably
foreseeable. The Area 5 Wastewater Treatment Plant project initially
began design in October of 2008, prior to ARRA funding. After the
preliminary design was completed, it was determined that the plant site
could not be extended as was previously planned. The design approach
was changed from SBR technology to membrane technology due to the
limited space available. It was discovered during final design in July
of 2010 that similar membranes on the market would also need a waiver,
as they were also manufactured outside of the United States. The
project specifications, including performance criteria, certification
criteria, and design criteria, require that the SMU be a Kubota EK-400
type unit that will be a part of a MBR system provided by Enviroquip/
Ovivo.
EPA technical reviews for similar ARRA waiver requests found other
manufacturers of submerged membrane filtration systems including
Dynatec, Veolia/Kruger, GE Water Technologies, Norit, Pall, Siemens,
Toray, and Koch. All manufacturers confirmed that their membrane units
were obtained outside the U.S. The technical reviews did not find a
membrane unit manufactured in the U.S. The City of Marathon considered
Aqua-Aerobic and Zenon technologies, and found that these products are
also made outside the U.S. EPA and the City's submissions clearly have
provided sufficient documentation that the relevant manufactured goods
are not produced in the United States in sufficient and reasonably
available quantity and of a satisfactory quality to meet its technical
specifications.
The April 28, 2009 EPA Headquarters Memorandum, ``Implementation of
Buy American provisions of Public Law 111-5, the American Recovery and
Reinvestment Act of 2009,'' defines ``satisfactory quality'' as ``the
quality of steel, iron or manufactured goods specified in the project
plans and designs.''
EPA's national contractor prepared a technical assessment report
dated December 27, 2010 based on the submitted waiver request. The
report stated that the waiver request submittal was complete, that
adequate technical information was provided, and a waiver was supported
by the available evidence. The purpose of the ARRA provisions is to
stimulate economic recovery by funding current infrastructure
construction, not to delay projects that are already shovel ready by
requiring entities, like the City, to revise their design and
potentially choose a more costly and less efficient project. The
imposition of ARRA Buy American requirements on such projects would
result in unreasonable delay and thus displace the ``shovel ready''
status for this project. To further delay construction is in direct
conflict with the most fundamental economic purposes of ARRA: To create
or retain jobs.
The Region 4 Grants and Infrastructure Branch has reviewed this
waiver request and has determined that the supporting documentation
provided by the City is sufficient to meet the criteria listed under
ARRA Section 1605(b), OMB's regulation at 2 CFR 176.100, and the
aforementioned EPA Headquarters Memorandum of April 28, 2009. ARRA
Section 1605(b)(2) permits a waiver if ``Iron, steel, and manufactured
goods are not produced in the United States in sufficient and
reasonably available quantities and of a satisfactory quality.'' This
waiver request meets this criterion and is justified.
The March 31, 2009, Delegation of Authority Memorandum provided
Regional Administrators with the authority to issue exceptions to
Section 1605 of 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 application of the Buy
American requirements would be inconsistent with the public interest,
the City of Marathon is hereby granted a waiver from the Buy American
requirements. 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, The City
of Marathon, Florida is granted a waiver from the Buy American
requirements of Section 1605(a) of Public Law 111-5 for the purchase of
nine submerged membrane units as specified in the City's request of
December 3, 2010 with supplemental information provided on December 6,
2010. This supplemental information constitutes the detailed written
justification required by Section 1605(c) for waivers ``based on a
finding under subsection 9b.'' requirements of Section 1605(a) of
Public Law 111-5.
Authority: Pub. L. 111-5, section 1605.
Dated: April 5, 2011.
A. Stanley Meiburg,
Acting, Regional Administrator, Region 4.
[FR Doc. 2011-13401 Filed 5-27-11; 8:45 am]
BILLING CODE 6560-50-P
