Project Waiver of Section 1605 (Buy American Requirements) of the American Recovery and Reinvestment Act of 2009 (ARRA) for the Haywood County, North Carolina, Social Services, Adaptive Renovation Project, 34962-34963 [2011-14738]
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Federal Register / Vol. 76, No. 115 / Wednesday, June 15, 2011 / Notices
DEPARTMENT OF AGRICULTURE
Forest Service
Sabine Resource Advisory Committee
Forest Service, USDA.
Notice of meeting.
AGENCY:
ACTION:
The Sabine Resource
Advisory Committee will meet in
Hemphill, Texas. The committee is
authorized under the Secure Rural
Schools and Community SelfDetermination Act (Pub. L. 110–343)
(the Act) and operates in compliance
with the Federal Advisory Committee
Act. The purpose of the committee is to
improve collaborative relationships and
to provide advice and recommendations
to the Forest Service concerning projects
and funding consistent with the title II
of the Act. The meeting is open to the
public. The purpose of the meeting is to
discuss New Title II Project Proposals.
DATES: The meeting will be held
Thursday, July 7, 2011, 3:30 p.m.
ADDRESSES: The meeting will be held at
the Sabine NF Office, 5050 State Hwy
21 East, Hemphill, TX 75948. Written
comments may be submitted as
described under SUPPLEMENTARY
INFORMATION.
All comments, including names and
addresses when provided, are placed in
the record and are available for public
inspection and copying. The public may
inspect comments received at 5050 State
Hwy 21 East, Hemphill, TX 75948.
Please call ahead to (409) 625–1940 to
facilitate entry into the building to view
comments.
FOR FURTHER INFORMATION CONTACT:
William E. Taylor, Jr., Designated
Federal Officer, Sabine National Forest,
5050 State Hwy. 21 E., Hemphill, TX
75948: Telephone: 936–639–8501 or
e-mail at: etaylor @fs.fed.us.
Individuals who use
telecommunication devices for the deaf
(TDD) may call the Federal Information
Relay Service (FIRS) at 1–800–877–8339
between 8 a.m. and 8 p.m., Eastern
Standard Time, Monday through Friday.
Requests for reasonable accommodation
for access to the facility or procedings
may be made by contacting the person
listed FOR FURTHER INFORMATION
CONTACT.
SUMMARY:
The
following business will be conducted:
The purpose of the meeting is to
discuss/approve New Title II Project
Proposals. Anyone who would like to
bring related matters to the attention of
the committee may file written
statements with the committee staff
before or after the meeting. The agenda
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SUPPLEMENTARY INFORMATION:
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will include time for people to make
oral statements of three minutes or less.
Individuals wishing to make an oral
statement should request in writing by
July 1, 2011 to be scheduled on the
agenda. Written comments and requests
for time for oral comments must be sent
to 5050 State Hwy 21 East, Hemphill,
TX 75948 or by e-mail to
etaylor@fs.fed.us or via facsimile to
409–625–1953.
Dated: June 8, 2011.
William E. Taylor, Jr.,
Designated Federal Officer, Sabine National
Forest RAC.
[FR Doc. 2011–14638 Filed 6–14–11; 8:45 am]
BILLING CODE 3410–11–P
DEPARTMENT OF AGRICULTURE
Forest Service
Eastern Washington Cascades
Provincial Advisory Committee and the
Yakima Provincial Advisory Committee
AGENCY:
ACTION:
Forest Service, USDA.
Notice of Meeting.
The Eastern Washington
Cascades Provincial Advisory
Committee and the Yakima Provincial
Advisory Committee will meet on June
24, 2011 from 9 a.m. to 3 p.m. at the
Okanogan-Wenatchee National Forest
Headquarters Office, 215 Melody Lane,
Wenatchee, WA. During this meeting
information will be shared about
Okanogan-Wenatchee National Forest
Travel Management Planning, Forest
Plan Revision and an overview of forest
activities that have occurred during the
past year. All Eastern Washington
Cascades and Yakima Province
Advisory Committee meetings are open
to the public.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Direct questions regarding this meeting
to Clint Kyhl, Designated Federal
Official, USDA, Okanogan-Wenatchee
National Forest, 215 Melody Lane,
Wenatchee, Washington 98801, phone
509–664–9200.
Dated: June 8, 2011.
Clinton Kyhl,
Designated Federal Official, OkanoganWenatchee National Forest.
[FR Doc. 2011–14735 Filed 6–14–11; 8:45 am]
BILLING CODE 3410–11–P
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DEPARTMENT OF AGRICULTURE
Rural Housing Service
Project Waiver of Section 1605 (Buy
American Requirements) of the
American Recovery and Reinvestment
Act of 2009 (ARRA) for the Haywood
County, North Carolina, Social
Services, Adaptive Renovation Project
Rural Housing Service, USDA.
Notice.
AGENCY:
ACTION:
The United States Department
of Agriculture (USDA) grants a project
waiver of the Buy American
Requirements [manufactured goods are
not produced in the United States in
sufficient and reasonably available
quantities and of a satisfactory quality]
of ARRA, to Haywood County, North
Carolina, (County) for the purchase of
foreign-manufactured
Heating,Ventilation, Air Conditioning
(HVAC) equipment for an adaptive
reuse renovation project for the
Haywood County Department of Social
Services. This is a project-specific
waiver under section 1605(b)(2) of
ARRA. This waiver only applies to the
use of the specified product for the
ARRA project being proposed. Any
other ARRA recipient that wishes to use
the same product must apply for a
separate waiver based on projectspecific circumstances. The Countyproposed HVAC improvements were
selected to address the unique
conditions presented by the existing
building. Based upon information
submitted by the County and its
consultants, it was determined that the
HVAC equipment that will meet the
County’s design and performance
specifications is manufactured only by
Daikin of Japan and Thailand. This
determination is based on the review
and recommendations of the Rural
Development Buy American
Coordinator. The County, through its
design engineer, has provided sufficient
documentation to support its request.
The Under Secretary for Rural
Development has concurred in this
decision to waive section 1605 of
ARRA. This action permits the purchase
of a Daikin VRV III HVAC unit. This
unit addresses the operational
requirements to heat and cool
simultaneously, perform very
efficiently, and is compatible and
adaptable to the space restrictions
created by the existing facility.
DATES: June 15, 2011.
ADDRESSES: Dallas Tonsager, Under
Secretary, Rural Development, U.S.
Department of Agriculture, 1400
Independence Avenue, SW., Room 205–
SUMMARY:
E:\FR\FM\15JNN1.SGM
15JNN1
Federal Register / Vol. 76, No. 115 / Wednesday, June 15, 2011 / Notices
jlentini on DSK4TPTVN1PROD with NOTICES
W, Washington, DC 20250–0107, (202)
720–4581.
FOR FURTHER INFORMATION CONTACT:
William Downs, Senior Architect,
Program Support Staff, (202) 720–1499,
Rural Housing Service, Stop 0761, U.S.
Department of Agriculture, 1400
Independence Avenue, SW.,
Washington, DC 20250–0761.
SUPPLEMENTARY INFORMATION: In
accordance with ARRA section 1605(c)
and pursuant to section 1605(b)(2),
USDA hereby provides notice that it is
granting a project-specific waiver of the
Buy American Requirements of ARRA,
to Haywood County, North Carolina, for
the purchase of HVAC equipment,
manufactured by Daikin of Japan for the
Haywood County Department of Social
Services Adaptive Reuse, Renovation
Project.
I. Background
Section 1605(a) of 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 department or agency,
here, the Secretary of USDA. According
to section 1605(b) of ARRA, a waiver
may be granted if the Secretary
determines that (1) applying these
requirements would be inconsistent
with public interest; (2) iron, steel, and
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 manufactured goods
produced in the United States will
increase the cost of the overall project
by more than 25 percent. The County
has requested a waiver from the Buy
American Requirement for the purchase
of HVAC equipment suitable for the
conditions of the existing facility.
The purchase of the new HVAC
equipment is intended to provide the
specified conditioning for the Haywood
County Department of Social Services
Adaptive Reuse, Renovation project.
The estimated cost of the overall
improvements to the County’s Social
Services building project is $5.2 million.
In designing the HVAC equipment, the
designers of record evaluated the
various technologies based on the
following factors:
• The project requirements include
addressing the limitations of space for
HVAC equipment and the associated
accessories.
• The project requires a very highefficiency performance for the
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16:42 Jun 14, 2011
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34963
conditions presented by the region and
the requirement for simultaneous
heating and cooling with the added
benefit of using non-ozone depleting
refrigerant.
• The project requires a system that
uses inverter technology.
As part of an exhaustive review and
search for potentially viable HVAC
units, the County and their consultants
determined that there is no domestic
manufacturer of HVAC equipment that
provides the specified performance and
technical features required for this
project.
According to the County, the only
HVAC equipment that meets the
technical specifications is not
manufactured in the United States. As a
result, the County requested a waiver of
the ARRA Buy American provisions on
the basis of nonavailability of a United
States manufactured product that will
meet the design and performance
criteria specified for this HVAC system.
available from a producer in the United
States able to meet the design
specifications and performance
requirements for the proposed project.
II. Nonavailability Finding
The evaluation by USDA’s technical
review team and architect supports the
County’s claim that a suitable HVAC
system that meets the specifications for
this project is not available in sufficient
and reasonably available commercial
quantities of a satisfactory quality that
are manufactured in the United States.
USDA’s technical review team and
architects reviewed a memorandum
submitted by the County describing the
foreign equipment that fits the technical
specifications for the HVAC equipment
and the process the County followed in
adopting the HVAC design. USDA’s
technical review team and architects
conducted a nationwide review of
equipment vendors, manufacturers’
representatives, and associated
resources typically relied on by
designers of HVAC equipment. The
purpose of USDA’s review process was
to determine whether there was any
HVAC equipment manufactured in the
United States that meets the County’s
design specifications and performance
requirements. As a result of this review,
the Secretary has determined that, based
on the available information, and to the
best of USDA’s knowledge, there is no
HVAC equipment manufactured in the
United States that meets the County’s
design specifications and performance
requirements for the County’s Social
Services Adaptive Reuse, Renovation
Project.
The Rural Development Buy
American Coordinator has reviewed this
waiver request and has determined that
the supporting documentation provided
by the County established a proper basis
that the manufactured good was not
IV. Equal Opportunity and NonDiscrimination Requirements
PO 00000
Frm 00011
Fmt 4703
Sfmt 9990
III. Waiver
Having established a proper basis that
this manufactured good was not
available from a producer in the United
States, the County is hereby granted a
waiver from the Buy American
requirements. This waiver permits use
of ARRA funds for the purchase of the
specified Daikin VRV III heat recovery
system documented in the County’s
waiver request submittal dated February
18, 2011, as part of its Social Services
Adaptive Reuse, Renovation Project.
This supplementary information
constitutes the detailed written
justification required by section 1605(c)
of ARRA for waivers ‘‘based on a
finding under subsection (b).’’
USDA prohibits discrimination in all
of its programs and activities on the
basis of race, color, national origin, age,
disability, and, where applicable, sex,
marital status, parental status, religion,
sexual orientation, genetic information,
political beliefs, reprisal, or, because all
or part of an individual’s income is
derived from any public assistance
program. (Not all prohibited bases apply
to all programs.) Persons with
disabilities who require alternative
means for communication of program
information (braille, large print,
audiotape, etc.) should contact USDA’s
TARGET Center at (202) 720–2600
(voice and TDD). To file a complaint of
discrimination, write to USDA, Director,
Office of Civil Rights, 1400
Independence Avenue, SW.,
Washington, DC 20250–9410, or call
(800) 795–3272 (voice), or (202) 720–
6382 (TDD). ‘‘USDA is an equal
opportunity provider, employer, and
lender.’’
Authority: Public Law 111–5, Section
1605.
Signed in Washington, DC on June 8, 2011.
Thomas J. Vilsack,
Secretary of Agriculture.
[FR Doc. 2011–14738 Filed 6–14–11; 8:45 am]
BILLING CODE 3410–XV–P
E:\FR\FM\15JNN1.SGM
15JNN1
]]>Agencies
[Federal Register Volume 76, Number 115 (Wednesday, June 15, 2011)]
[Notices]
[Pages 34962-34963]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-14738]
-----------------------------------------------------------------------
DEPARTMENT OF AGRICULTURE
Rural Housing Service
Project Waiver of Section 1605 (Buy American Requirements) of the
American Recovery and Reinvestment Act of 2009 (ARRA) for the Haywood
County, North Carolina, Social Services, Adaptive Renovation Project
AGENCY: Rural Housing Service, USDA.
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The United States Department of Agriculture (USDA) grants a
project waiver of the Buy American Requirements [manufactured goods are
not produced in the United States in sufficient and reasonably
available quantities and of a satisfactory quality] of ARRA, to Haywood
County, North Carolina, (County) for the purchase of foreign-
manufactured Heating,Ventilation, Air Conditioning (HVAC) equipment for
an adaptive reuse renovation project for the Haywood County Department
of Social Services. This is a project-specific waiver under section
1605(b)(2) of ARRA. This waiver only applies to the use of the
specified product for the ARRA project being proposed. Any other ARRA
recipient that wishes to use the same product must apply for a separate
waiver based on project-specific circumstances. The County-proposed
HVAC improvements were selected to address the unique conditions
presented by the existing building. Based upon information submitted by
the County and its consultants, it was determined that the HVAC
equipment that will meet the County's design and performance
specifications is manufactured only by Daikin of Japan and Thailand.
This determination is based on the review and recommendations of the
Rural Development Buy American Coordinator. The County, through its
design engineer, has provided sufficient documentation to support its
request. The Under Secretary for Rural Development has concurred in
this decision to waive section 1605 of ARRA. This action permits the
purchase of a Daikin VRV III HVAC unit. This unit addresses the
operational requirements to heat and cool simultaneously, perform very
efficiently, and is compatible and adaptable to the space restrictions
created by the existing facility.
DATES: June 15, 2011.
ADDRESSES: Dallas Tonsager, Under Secretary, Rural Development, U.S.
Department of Agriculture, 1400 Independence Avenue, SW., Room 205-
[[Page 34963]]
W, Washington, DC 20250-0107, (202) 720-4581.
FOR FURTHER INFORMATION CONTACT: William Downs, Senior Architect,
Program Support Staff, (202) 720-1499, Rural Housing Service, Stop
0761, U.S. Department of Agriculture, 1400 Independence Avenue, SW.,
Washington, DC 20250-0761.
SUPPLEMENTARY INFORMATION: In accordance with ARRA section 1605(c) and
pursuant to section 1605(b)(2), USDA hereby provides notice that it is
granting a project-specific waiver of the Buy American Requirements of
ARRA, to Haywood County, North Carolina, for the purchase of HVAC
equipment, manufactured by Daikin of Japan for the Haywood County
Department of Social Services Adaptive Reuse, Renovation Project.
I. Background
Section 1605(a) of 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 department or agency, here, the Secretary of
USDA. According to section 1605(b) of ARRA, a waiver may be granted if
the Secretary determines that (1) applying these requirements would be
inconsistent with public interest; (2) iron, steel, and 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 manufactured goods produced in the United
States will increase the cost of the overall project by more than 25
percent. The County has requested a waiver from the Buy American
Requirement for the purchase of HVAC equipment suitable for the
conditions of the existing facility.
The purchase of the new HVAC equipment is intended to provide the
specified conditioning for the Haywood County Department of Social
Services Adaptive Reuse, Renovation project. The estimated cost of the
overall improvements to the County's Social Services building project
is $5.2 million. In designing the HVAC equipment, the designers of
record evaluated the various technologies based on the following
factors:
The project requirements include addressing the
limitations of space for HVAC equipment and the associated accessories.
The project requires a very high-efficiency performance
for the conditions presented by the region and the requirement for
simultaneous heating and cooling with the added benefit of using non-
ozone depleting refrigerant.
The project requires a system that uses inverter
technology.
As part of an exhaustive review and search for potentially viable
HVAC units, the County and their consultants determined that there is
no domestic manufacturer of HVAC equipment that provides the specified
performance and technical features required for this project.
According to the County, the only HVAC equipment that meets the
technical specifications is not manufactured in the United States. As a
result, the County requested a waiver of the ARRA Buy American
provisions on the basis of nonavailability of a United States
manufactured product that will meet the design and performance criteria
specified for this HVAC system.
II. Nonavailability Finding
The evaluation by USDA's technical review team and architect
supports the County's claim that a suitable HVAC system that meets the
specifications for this project is not available in sufficient and
reasonably available commercial quantities of a satisfactory quality
that are manufactured in the United States. USDA's technical review
team and architects reviewed a memorandum submitted by the County
describing the foreign equipment that fits the technical specifications
for the HVAC equipment and the process the County followed in adopting
the HVAC design. USDA's technical review team and architects conducted
a nationwide review of equipment vendors, manufacturers'
representatives, and associated resources typically relied on by
designers of HVAC equipment. The purpose of USDA's review process was
to determine whether there was any HVAC equipment manufactured in the
United States that meets the County's design specifications and
performance requirements. As a result of this review, the Secretary has
determined that, based on the available information, and to the best of
USDA's knowledge, there is no HVAC equipment manufactured in the United
States that meets the County's design specifications and performance
requirements for the County's Social Services Adaptive Reuse,
Renovation Project.
The Rural Development Buy American Coordinator has reviewed this
waiver request and has determined that the supporting documentation
provided by the County established a proper basis that the manufactured
good was not available from a producer in the United States able to
meet the design specifications and performance requirements for the
proposed project.
III. Waiver
Having established a proper basis that this manufactured good was
not available from a producer in the United States, the County is
hereby granted a waiver from the Buy American requirements. This waiver
permits use of ARRA funds for the purchase of the specified Daikin VRV
III heat recovery system documented in the County's waiver request
submittal dated February 18, 2011, as part of its Social Services
Adaptive Reuse, Renovation Project. This supplementary information
constitutes the detailed written justification required by section
1605(c) of ARRA for waivers ``based on a finding under subsection
(b).''
IV. Equal Opportunity and Non-Discrimination Requirements
USDA prohibits discrimination in all of its programs and activities
on the basis of race, color, national origin, age, disability, and,
where applicable, sex, marital status, parental status, religion,
sexual orientation, genetic information, political beliefs, reprisal,
or, because all or part of an individual's income is derived from any
public assistance program. (Not all prohibited bases apply to all
programs.) Persons with disabilities who require alternative means for
communication of program information (braille, large print, audiotape,
etc.) should contact USDA's TARGET Center at (202) 720-2600 (voice and
TDD). To file a complaint of discrimination, write to USDA, Director,
Office of Civil Rights, 1400 Independence Avenue, SW., Washington, DC
20250-9410, or call (800) 795-3272 (voice), or (202) 720-6382 (TDD).
``USDA is an equal opportunity provider, employer, and lender.''
Authority: Public Law 111-5, Section 1605.
Signed in Washington, DC on June 8, 2011.
Thomas J. Vilsack,
Secretary of Agriculture.
[FR Doc. 2011-14738 Filed 6-14-11; 8:45 am]
BILLING CODE 3410-XV-P
