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 Columbia, MO, 37350-37351 [2011-16048]
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Federal Register / Vol. 76, No. 123 / Monday, June 27, 2011 / Notices
Estimated Number of Respondents:
101.
Frequency of Response: Initially, onoccasion and annually.
Estimated Total Annual Hour Burden:
39,385.
Estimated Total Annual Cost:
$2,512,947, which includes $2,512,947
in labor costs, no capital/startup costs,
and no operation and maintenance
(O&M) costs.
Changes in the Estimates: There is no
change in the labor hours or cost in the
ICR compared to the previous ICR. This
is due to two considerations: (1) The
regulations have not changed over the
past three years and are not anticipated
to change over the next three years; and
(2) the growth rate for the industry is
very low, negative or non-existent.
Therefore, the labor hours and cost
figures in the previous ICR reflect the
current burden to the respondents and
are reiterated in this ICR.
Dated: June 21, 2011.
John Moses,
Director, Collection Strategies Division.
[FR Doc. 2011–16032 Filed 6–24–11; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–R07–OW–2011–0540; FRL–9324–5]
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
Columbia, MO
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
The EPA is hereby granting a
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 Columbia, MO (‘‘City’’) for
the purchase of several foreign
manufactured components of heating/
ventilation/air conditioning systems
(HVAC Systems) in Columbia, Missouri.
This HVAC system consists of three (3)
heat pumps and the associated packaged
air handlers and one (1) air conditioning
system condensing unit. The system is
manufactured by Trane Commercial
Systems in Monterrey, Mexico. This is
a project specific waiver and only
applies to the use of the specified
product for the ARRA project being
proposed. Any other ARRA recipient
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SUMMARY:
VerDate Mar<15>2010
16:51 Jun 24, 2011
Jkt 223001
that wishes to use the same product
must apply for a separate waiver based
on project specific circumstances. Based
upon critical performance requirements
and project specifications for the HVAC
systems, a list of potential
manufacturers and project schedule
submitted by the City and its consulting
engineer, it has been determined that
there are currently no domestically
manufactured HVAC systems available
to meet the City’s project specifications.
The Regional Administrator is making
this determination based on the review
and recommendations of the Clean
Water State Revolving Fund (CWSRF)
staff. 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 purchase of the Trane
Commercial Systems foreign
manufactured HVAC systems. The City
of Columbia, MO has provided
sufficient documentation to support
their waiver request.
DATES: Effective Date: June 27, 2011.
FOR FURTHER INFORMATION CONTACT:
Christopher Simmons, Environmental
Engineer, Water Wetlands and
Pesticides Division (WWPD), (913) 551–
7237, U.S. EPA, Region 7, 901 N. Fifth
Street, Kansas City, KS 66101.
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 Section 1605 (a) of
Public Law 111–5, Buy American
requirements, to the City of Columbia,
MO (‘‘City’’) for the purchase of nondomestically manufactured Trane
HVAC systems consisting of three (3)
heat pumps and the associated packaged
air handlers and one (1) air conditioning
system condensing unit, to meet the
City’s design and performance
specifications as part of its proposed
Wastewater Treatment Facility Phase 1
Improvement Project in Columbia, MO.
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 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
PO 00000
Frm 00039
Fmt 4703
Sfmt 4703
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 of Columbia, MO is
proposing a Wastewater Treatment
Facility (WWTF) Phase 1 Improvement
Project that includes the use of nondomestically manufactured Trane
HVAC systems. The new HVAC systems
to be installed in the WWTF provides
adequate indoor air quality by
conditioning the air in the occupied
space, diluting and removing
contaminants from indoor air while
providing proper pressurization. Project
specifications for a density analyzer
require the following to meet the design
and performance criteria:
(1) Each component of the HVAC
system must be compatible with all
other parts of the system;
(2) Where two (2) or more units of the
same class of equipment are required,
they shall be the product of the same
manufacturer.
The Clean Water State Revolving
Fund (CWSRF) staff has reviewed this
waiver request and has determined that
the supporting documentation provided
by the City of Columbia, MO establishes
both a proper basis to specify a
particular manufactured good, and that
there is no domestic manufactured good
currently available. The information
provided is sufficient to meet the
following criteria listed under Section
1605(b) of the ARRA and in the April
28, 2009 Memorandum: Iron, steel, and
the manufactured goods are not
produced in the United States in
sufficient and reasonably available
quantities and of a satisfactory quality.
The Heating/Ventilation/Air
Conditioning (HVAC) systems are
manufactured non-domestically by the
Trance Commercial Systems located in
Monterrey, Mexico. All supporting
documentation and independent
research and communication with
manufacturers of HVAC systems
conducted by EPA’s national contractor
demonstrate that there are no U.S.
manufacturers able to meet the project
specifications. None of the companies
contacted by EPA’s national contractor
manufacture HVAC systems, which can
meet the specifications, in the United
States.
EPA has also evaluated Columbia,
MO’s waiver request to determine if its
submission is considered late or if it
could be considered timely, as per the
OMB Guidance at 2 CFR 176.120. EPA
will generally regard waiver requests
with respect to components that were
E:\FR\FM\27JNN1.SGM
27JNN1
mstockstill on DSK4VPTVN1PROD with NOTICES
Federal Register / Vol. 76, No. 123 / Monday, June 27, 2011 / Notices
specified in the bid solicitation or in a
general/primary construction contract as
‘‘late’’ if submitted after the contract
date. However, EPA could also
determine that a request be evaluated as
timely, though made after the date that
the contract was signed, if the need for
a waiver was not reasonably foreseeable.
In this case, there are no U.S.
manufacturers that meet Columbia,
MO’s project specification for the HVAC
systems. The waiver request was not
made prior to the contract being signed
because initially the manufacturer said
their product was manufactured in the
U.S. Trane Commercial Systems has
since moved manufacturing of some
products to Monterrey, Mexico. In light
of the unexpected change in the
manufacturing location, the City could
not have reasonably foreseen the need at
the time of contract award to submit a
waiver request. EPA will therefore
consider Columbia, MO’s waiver
request, an unforeseeable late request, as
though it had been timely made.
Furthermore, the purpose of the
ARRA is to stimulate economic recovery
by funding current infrastructure
construction, not to delay projects that
are ‘‘shovel ready’’ by requiring
potential SRF eligible recipients, such
as the City of Columbia, MO, to revise
their design standards and
specifications as well as their
construction schedule. There are no
domestic manufacturers that can
provide HVAC systems that meet the
specifications of this WWTF
improvement project. To delay this
construction would directly conflict
with a fundamental economic purpose
of ARRA, which is to create or retain
jobs.
The April 28, 2009 EPA HQ
Memorandum, ‘‘Implementation of Buy
American provisions of Public Law
111–5, the ‘American Recovery and
Reinvestment Act of 2009’ ’’
(‘‘Memorandum’’), 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.’’ The same Memorandum
defines ‘‘satisfactory quality’’ as ‘‘the
quality of steel, iron or manufactured
good specified in the project plans and
designs.’’
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.
VerDate Mar<15>2010
16:51 Jun 24, 2011
Jkt 223001
Having established both a proper
basis to specify the particular
manufactured good required for this
project and that this manufactured good
was not available from a producer in the
United States, the City is hereby granted
a waiver from the Buy American
requirements of Section 1605(a) of
Public Law 111–5. This waiver permits
use of ARRA funds for the purchase of
a non-domestic manufactured Trane
Commercial Systems Heating/
Ventilation/Air Conditioning Systems
documented in City’s waiver request
submittal dated February 18, 2011. This
supplementary information constitutes
the detailed written justification
required by Section 1605(c) for waivers
based on a finding under subsection (b).
Authority: Pub. L. 111–5, section 1605.
Dated: June 14, 2011.
Karl Brooks,
Regional Administrator, Region 7.
[FR Doc. 2011–16048 Filed 6–24–11; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL COMMUNICATIONS
COMMISSION
Information Collection Being Reviewed
by the Federal Communications
Commission Under Delegated
Authority
Federal Communications
Commission.
ACTION: Notice and request for
comments.
AGENCY:
The Federal Communications
Commission (FCC), as part of its
continuing effort to reduce paperwork
burdens, invites the general public and
other Federal agencies to take this
opportunity to comment on the
following information collection, 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 on small
business concerns with fewer than 25
employees.
SUMMARY:
PO 00000
Frm 00040
Fmt 4703
Sfmt 4703
37351
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
PRA that does not display a valid Office
of Management and Budget (OMB)
control number.
DATES: Written PRA comments should
be submitted on or before August 26,
2011. If you anticipate that you will be
submitting comments but find it
difficult to do so within the period of
time allowed by this notice, you should
advise the contact listed below as soon
as possible.
ADDRESSES: Direct all PRA comments to
the Federal Communications
Commission via e-mail to PRA@fcc.gov
and Cathy.Williams@fcc.gov.
FOR FURTHER INFORMATION CONTACT: For
additional information about the
information collection, contact Cathy
Williams at (202) 418–2918.
SUPPLEMENTARY INFORMATION:
OMB Control No.: 3060–0325.
Title: Section 80.605, U.S. Coast
Guard Coordination.
Form No.: N/A.
Type of Review: Extension of a
currently approved collection.
Respondents: Business or other forprofit.
Number of Respondents and
Responses: 10 respondents and 10
responses.
Estimated Time per Response: 1.1
hours.
Frequency of Response: On occasion
reporting requirement.
Obligation To Respond: Required to
obtain or retain benefits. The statutory
authority for this collection of
information is contained in Sections 4,
303, 307(e), 309, and 332, 48 Stat. 1066,
as amended; 47 U.S.C. 154, 303, 307(e),
309, and 332, unless otherwise noted.
Total Annual Burden: 11 hours.
Annual Cost Burden: None.
Privacy Act Impact Assessment: No
impact(s).
Nature and Extent of Confidentiality:
There is no need for confidentiality with
this collection of information.
Needs and Uses: Section 80.605 is
necessary because applicants are
required to obtain written permission
from the Coast Guard in the area where
radio-navigation/radio-location devices
are located. This rule insures that no
hazard to marine navigation will result
from the grant of applications for nonselectable transponders and shore based
radio-navigation aids. The Coast Guard
is responsible for making this
determination under 14 U.S.C. 18.
Section 308(b) of the Communications
E:\FR\FM\27JNN1.SGM
27JNN1
]]>Agencies
[Federal Register Volume 76, Number 123 (Monday, June 27, 2011)]
[Notices]
[Pages 37350-37351]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-16048]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[EPA-R07-OW-2011-0540; FRL-9324-5]
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 Columbia, MO
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) (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 Columbia, MO (``City'') for the purchase of
several foreign manufactured components of heating/ventilation/air
conditioning systems (HVAC Systems) in Columbia, Missouri. This HVAC
system consists of three (3) heat pumps and the associated packaged air
handlers and one (1) air conditioning system condensing unit. The
system is manufactured by Trane Commercial Systems in Monterrey,
Mexico. This is a project specific waiver and 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. Based upon
critical performance requirements and project specifications for the
HVAC systems, a list of potential manufacturers and project schedule
submitted by the City and its consulting engineer, it has been
determined that there are currently no domestically manufactured HVAC
systems available to meet the City's project specifications. The
Regional Administrator is making this determination based on the review
and recommendations of the Clean Water State Revolving Fund (CWSRF)
staff. 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 purchase of
the Trane Commercial Systems foreign manufactured HVAC systems. The
City of Columbia, MO has provided sufficient documentation to support
their waiver request.
DATES: Effective Date: June 27, 2011.
FOR FURTHER INFORMATION CONTACT: Christopher Simmons, Environmental
Engineer, Water Wetlands and Pesticides Division (WWPD), (913) 551-
7237, U.S. EPA, Region 7, 901 N. Fifth Street, Kansas City, KS 66101.
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 Section 1605 (a) of Public Law 111-5, Buy American
requirements, to the City of Columbia, MO (``City'') for the purchase
of non-domestically manufactured Trane HVAC systems consisting of three
(3) heat pumps and the associated packaged air handlers and one (1) air
conditioning system condensing unit, to meet the City's design and
performance specifications as part of its proposed Wastewater Treatment
Facility Phase 1 Improvement Project in Columbia, MO.
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 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 of Columbia, MO is proposing a Wastewater Treatment
Facility (WWTF) Phase 1 Improvement Project that includes the use of
non-domestically manufactured Trane HVAC systems. The new HVAC systems
to be installed in the WWTF provides adequate indoor air quality by
conditioning the air in the occupied space, diluting and removing
contaminants from indoor air while providing proper pressurization.
Project specifications for a density analyzer require the following to
meet the design and performance criteria:
(1) Each component of the HVAC system must be compatible with all
other parts of the system;
(2) Where two (2) or more units of the same class of equipment are
required, they shall be the product of the same manufacturer.
The Clean Water State Revolving Fund (CWSRF) staff has reviewed
this waiver request and has determined that the supporting
documentation provided by the City of Columbia, MO establishes both a
proper basis to specify a particular manufactured good, and that there
is no domestic manufactured good currently available. The information
provided is sufficient to meet the following criteria listed under
Section 1605(b) of the ARRA and in the April 28, 2009 Memorandum: Iron,
steel, and the manufactured goods are not produced in the United States
in sufficient and reasonably available quantities and of a satisfactory
quality.
The Heating/Ventilation/Air Conditioning (HVAC) systems are
manufactured non-domestically by the Trance Commercial Systems located
in Monterrey, Mexico. All supporting documentation and independent
research and communication with manufacturers of HVAC systems conducted
by EPA's national contractor demonstrate that there are no U.S.
manufacturers able to meet the project specifications. None of the
companies contacted by EPA's national contractor manufacture HVAC
systems, which can meet the specifications, in the United States.
EPA has also evaluated Columbia, MO's waiver request to determine
if its submission is considered late or if it could be considered
timely, as per the OMB Guidance at 2 CFR 176.120. EPA will generally
regard waiver requests with respect to components that were
[[Page 37351]]
specified in the bid solicitation or in a general/primary construction
contract as ``late'' if submitted after the contract date. However, EPA
could also determine that a request be evaluated as timely, though made
after the date that the contract was signed, if the need for a waiver
was not reasonably foreseeable.
In this case, there are no U.S. manufacturers that meet Columbia,
MO's project specification for the HVAC systems. The waiver request was
not made prior to the contract being signed because initially the
manufacturer said their product was manufactured in the U.S. Trane
Commercial Systems has since moved manufacturing of some products to
Monterrey, Mexico. In light of the unexpected change in the
manufacturing location, the City could not have reasonably foreseen the
need at the time of contract award to submit a waiver request. EPA will
therefore consider Columbia, MO's waiver request, an unforeseeable late
request, as though it had been timely made.
Furthermore, the purpose of the ARRA is to stimulate economic
recovery by funding current infrastructure construction, not to delay
projects that are ``shovel ready'' by requiring potential SRF eligible
recipients, such as the City of Columbia, MO, to revise their design
standards and specifications as well as their construction schedule.
There are no domestic manufacturers that can provide HVAC systems that
meet the specifications of this WWTF improvement project. To delay this
construction would directly conflict with a fundamental economic
purpose of ARRA, which is to create or retain jobs.
The April 28, 2009 EPA HQ Memorandum, ``Implementation of Buy
American provisions of Public Law 111-5, the `American Recovery and
Reinvestment Act of 2009' '' (``Memorandum''), 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.'' The same Memorandum defines
``satisfactory quality'' as ``the quality of steel, iron or
manufactured good specified in the project plans and designs.''
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
manufactured good required for this project and that this manufactured
good was not available from a producer in the United States, the City
is hereby granted a waiver from the Buy American requirements of
Section 1605(a) of Public Law 111-5. This waiver permits use of ARRA
funds for the purchase of a non-domestic manufactured Trane Commercial
Systems Heating/Ventilation/Air Conditioning Systems documented in
City's waiver request submittal dated February 18, 2011. This
supplementary information constitutes the detailed written
justification required by Section 1605(c) for waivers based on a
finding under subsection (b).
Authority: Pub. L. 111-5, section 1605.
Dated: June 14, 2011.
Karl Brooks,
Regional Administrator, Region 7.
[FR Doc. 2011-16048 Filed 6-24-11; 8:45 am]
BILLING CODE 6560-50-P
