Notice of a Project Waiver of the Buy American Requirement of the American Recovery and Reinvestment Act of 2009 (ARRA) to the City of Austin, TX, 6560-6562 [2012-2904]
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6560
Federal Register / Vol. 77, No. 26 / Wednesday, February 8, 2012 / Notices
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPP–2009–0254; FRL–9334–8]
Pesticide Product Registration
Approval
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
This notice announces
Agency approval of an application to
register the pesticide product Contram
ST–1 containing an active ingredient
not included in any previously
registered products pursuant to the
provisions of section 3(c)(5) of the
Federal Insecticide, Fungicide, and
Rodenticide Act (FIFRA), as amended.
FOR FURTHER INFORMATION CONTACT:
Karen Leavy, Antimicrobials Division,
Office of Pesticide Programs,
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
DC 20460–0001; telephone number:
(703) 308–6237 email address:
leavy.karen@epa.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. General Information
tkelley on DSK3SPTVN1PROD with NOTICES
A. Does this action apply to me?
You may be potentially affected by
this action if you are an agricultural
producer, food manufacturer, or
pesticide manufacturer. Potentially
affected entities may include, but are
not limited to:
• Food manufacturing (NAICS code
311).
• Pesticide manufacturing (NAICS
code 32532).
This listing is not intended to be
exhaustive, but rather provides a guide
for readers regarding entities likely to be
affected by this action. Other types of
entities not listed in this unit could also
be affected. The North American
Industrial Classification System
(NAICS) codes have been provided to
assist you and others in determining
whether this action might apply to
certain entities. If you have any
questions regarding the applicability of
this action to a particular entity, consult
the person listed under FOR FURTHER
INFORMATION CONTACT.
Public Docket in Rm. S–4400, One
Potomac Yard (South Bldg.), 2777 S.
Crystal Dr., Arlington, VA. The hours of
operation of this Docket Facility are
from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal
holidays. The Docket Facility telephone
number is (703) 305–5805.
In accordance with section 3(c)(2) of
FIFRA, a copy of the approved label, the
list of data references, the data and other
scientific information used to support
registration, except for material
specifically protected by section 10 of
FIFRA, are also available for public
inspection. Requests for data must be
made in accordance with the provisions
of the Freedom of Information Act and
must be addressed to the Freedom of
Information Office (A–101), 1200
Pennsylvania Ave. NW., Washington,
DC 20460–0001. Such requests should:
Identify the product name and
registration number and specify the data
or information desired.
A paper copy of the fact sheet, which
provides more detail on this
registration, may be obtained from the
National Technical Information Service
(NTIS), 5285 Port Royal Rd.,
Springfield, VA 22161.
II. Did EPA approve the application?
The Agency approved the application
after considering all required data on
risks associated with the proposed use
of N,N’Methylenebismorpholine, and
information on social, economic, and
environmental benefits to be derived
from use. Specifically, the Agency has
considered the nature of the chemical
and its pattern of use, application
methods and rates, and level and extent
of potential exposure. Based on these
reviews, the Agency was able to make
basic health and safety determinations
which show that use of N,
N’Methylenebismorpholine when used
in accordance with widespread and
commonly recognized practice, will not
generally cause unreasonable adverse
effects to the environment.
III. Approved Application
EPA issued a notice, published in the
Federal Register of June 10, 2009 (74 FR
27541) (FRL–8413–2), which announced
that Lubrizol, 29400 Lakeland
Boulevard, Wickliffe, Ohio 44092–2298,
B. How can I get copies of this document had submitted an application to register
and other related information?
the pesticide product, Contram ST–1, as
EPA has established a docket for this
an antimicrobial preservative to inhibit
action under docket identification (ID)
the growth of bacteria and fungi in
number EPA–HQ–OPP–2009–0254.
metalworking, cutting, cooling and
Publicly available docket materials are
lubricating concentrates. (EPA File
available either in the electronic docket
Symbol 52484–G). This product was not
at https://www.regulations.gov, or, if only previously registered.
The application was approved on
available in hard copy, at the Office of
November 2, 2011, as Contram ST–1
Pesticide Programs (OPP) Regulatory
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(EPA Registration Number (52484–3) as
a preservative to inhibit the growth of
bacteria and fungi in metalworking,
cutting, cooling and lubricating
concentrates.
List of Subjects
Environmental protection, Chemicals,
Pests and pesticides.
Dated: January 24, 2012.
Joan Harrigan-Ferrelly,
Director, Antimicrobials Division, Office of
Pesticide Programs.
[FR Doc. 2012–2872 Filed 2–7–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–9628–4]
Notice of a Project Waiver of the Buy
American Requirement of the
American Recovery and Reinvestment
Act of 2009 (ARRA) to the City of
Austin, TX
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
The Regional Administrator
of EPA Region 6 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 Austin (‘‘the City’’) for the
purchase of ten (10) vertical linear
motion mixers for the Clean Water State
Revolving Fund (CWSRF) Hornsby Bend
Biosolids Management Plant (BMP)
Digester Improvement and
Sustainability Project. The required
vertical linear motion mixers are
manufactured by foreign manufacturers
and no United States manufacturer
produces an alternative that meets the
City’s technical specifications. This is a
project specific waiver and only applies
to the use of the specified product for
the ARRA funded project being
proposed. Any other ARRA project that
may wish to use the same product must
apply for a separate waiver based on the
specific project circumstances. The
Regional Administrator is making this
determination based on the review and
recommendations of the EPA Region 6,
Water Quality Protection Division. The
City has provided sufficient
documentation to support its request.
The Assistant Administrator of the
EPA’s Office of Administration and
Resources Management has concurred
SUMMARY:
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tkelley on DSK3SPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 26 / Wednesday, February 8, 2012 / Notices
on this decision to make an exception
to Section 1605 of ARRA. This action
permits the purchase of the selected
vertical linear motion mixers not
manufactured in America, for the
proposed project being implemented by
the City.
DATES: Effective Date: January 12, 2012.
FOR FURTHER INFORMATION CONTACT:
Nasim Jahan, Buy American
Coordinator, (214) 665–7522, SRF &
Projects Section, Water Quality
Protection Division, U.S. EPA Region 6,
1445 Ross Avenue Dallas, Texas 75202–
2733.
SUPPLEMENTARY INFORMATION: In
accordance with ARRA Section 1605(c)
and 1605(b)(2), 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 for the
acquisition of selected vertical linear
motion mixers. The City has been
unable to find American made vertical
linear motion mixers to meet its specific
wastewater requirements.
Section 1605 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 unless a waiver is
provided to the recipient by EPA. A
waiver may be provided if EPA
determines that: (1) Applying these
requirements would be inconsistent
with 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 noted that out of the ten
(10) vertical linear motion mixers, two
10 horse power (hp) mixers are required
for the flow equalization tanks, four 20
hp mixers for the thickened sludge
tanks, and four 15 hp mixers for the
anaerobic digesters. The City specified
the linear mixers because of their camscotch-yoke mechanism and superior
energy efficiency. The linear mixers are
a proprietary technology and are only
manufactured by Enersave, a Canadian
manufacturer. The City has provided
information to the EPA demonstrating
that there are no Vertical linear motion
mixers manufactured in the United
States in sufficient and reasonable
quantity and of a satisfactory quality to
VerDate Mar<15>2010
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Jkt 226001
meet the required technical
specification.
Based on additional research
conducted by EPA Region 6 there do not
appear to be any American-made
vertical linear motion mixers that would
meet the City’s technical specifications.
EPA’s national contractor prepared a
technical assessment report based on
the waiver request submittal, which
confirmed the waiver applicant’s claim
that there are no American-made
vertical linear motion mixers available
for use in the proposed waste water
treatment system.
EPA has also evaluated the City’s
request to determine if its submission is
considered late or if it could be
considered timely, as per the OMB
regulation at 2 CFR 176.120. 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, 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.
If the need for a waiver is reasonably
foreseeable, then EPA could still apply
discretion in these late cases as per the
OMB Guidance, which says ‘‘the award
official may deny the request.’’ For
those waiver requests that do not have
a reasonably unforeseeable basis for
lateness, but for which the waiver basis
is valid and there is no apparent gain by
the ARRA recipient or loss on behalf of
the government, then EPA will still
consider granting a waiver.
In this case, the waiver request was
submitted after the contract date
because of a delay in the process of the
LMTM Mixer technology being
purchased by the City’s supplier, Ovivo
USA, LLC (‘‘Ovivo’’), f/k/a Eimco Water
Technologies, from Enersave (the
inventor), in order to obtain control of
all technical drawings and manufacture
the mixers in the United States. The
vertical linear motion mixers have
recently been patented by Enersave and
Ovivo has purchased only the rights to
use the technology in the municipal
market in North America. Ovivo has
been working with Enersave to allow
the complete transfer of information to
take place; however, the duration has
taken longer than anticipated as the
provided information has been found
incomplete requiring detailed support
and fabrication from the inventor. All
linear motion mixers have been
fabricated by the inventor (Enersave) to
date, due to the detailed technical
drawings not being in the control of
Ovivo. The initial schedule of events
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6561
planned to allow Ovivo to do the
fabrication for the Hornsby Bend mixers
in the United States, however, the delay
in getting the necessary information
prevented this from occurring. When
Ovivo found that the schedule would
not allow fabrication to occur in the
United States the waiver was requested.
In light of the unexpected delay in the
purchase of the LMTM Mixer technology,
EPA believes that the need for a waiver
was not reasonably forseeable and thus
will treat the City’s waiver request as if
timely submitted.
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,’’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 City has
incorporated specific technical design
requirements for installation of vertical
linear motion mixers at its wastewater
treatment plant.
The purpose of the ARRA is to
stimulate economic recovery in part by
funding current infrastructure
construction, not to delay projects that
are ‘‘shovel ready’’ by requiring utilities,
such as the City, to revise their
standards and specifications, institute a
new bidding process, and potentially
choose a more costly, less efficient
project. The imposition of ARRA Buy
American requirements on such projects
otherwise eligible for State Revolving
Fund assistance would result in
unreasonable delay and thus displace
the ‘‘shovel ready’’ status for this
project. To further delay construction is
in direct conflict with a fundamental
economic purpose of the ARRA, which
is to create or retain jobs.
The Region 6 Water Quality
Protection Division 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), Office of Management and
Budget (OMB) regulations at 2 CFR
176.60—176.170, and in the April 28,
2009, memorandum, ‘‘Implementation
of Buy American provisions of Public
Law 111–5, the American Recovery and
Reinvestment Act of 2009.’’ The basis
for this project waiver is the
authorization provided in ARRA,
Section 1605(b)(2). Due to the lack of
production of this product in the United
States in sufficient and reasonably
available quantities and of a satisfactory
quality in order to meet the City’s
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6562
Federal Register / Vol. 77, No. 26 / Wednesday, February 8, 2012 / Notices
technical specifications, a waiver from
the Buy American requirement is
justified.
EPA headquarters’ 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 goods required
for this project, and that these
manufactured goods are not available
from a producer in the United States,
the City is hereby granted a waiver from
the Buy American requirements of
ARRA, Section 1605(a) of Public Law
111–5 for the purchase of the selected
10 vertical linear motion mixers, using
ARRA funds, as specified in the City’s
request. This supplementary
information constitutes the detailed
written justification required by ARRA,
Section 1605(c), for waivers ‘‘based on
a finding under subsection (b).’’
Authority: Public Law 111–5, section 1605.
Issued on: Dated: January 12, 2012.
Al Armendariz,
Regional Administrator, U.S. Environmental
Protection Agency, Region 6.
[FR Doc. 2012–2904 Filed 2–7–12; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
[EPA–HQ–OPP–2011–0553; FRL–9334–1]
Notice of Receipt of Requests for
Amendments To Delete Uses in Certain
Pesticide Registrations
Environmental Protection
Agency (EPA).
ACTION: Notice.
AGENCY:
In accordance with section
6(f)(1) of the Federal Insecticide,
SUMMARY:
Fungicide, and Rodenticide Act
(FIFRA), as amended, EPA is issuing a
notice of receipt of request for
amendments by registrants to delete
uses in certain pesticide registrations.
Section 6(f)(1) of FIFRA provides that a
registrant of a pesticide product may at
any time request that any of its pesticide
registrations be amended to delete one
or more uses. FIFRA further provides
that, before acting on the request, EPA
must publish a notice of receipt of any
request in the Federal Register.
DATES: The deletions are effective
August 6, 2012, unless the Agency
receives a written withdrawal request
on or before August 6, 2012. The
Agency will consider a withdrawal
request postmarked no later than August
6, 2012.
Users of these products who desire
continued use on crops or sites being
deleted should contact the applicable
registrant on or before August 6, 2012.
ADDRESSES: Submit your withdrawal
request, identified by docket
identification (ID) number EPA–HQ–
OPP–2011–0553, by one of the
following methods:
• Mail: Office of Pesticide Programs
(OPP) Regulatory Public Docket (7502P),
Environmental Protection Agency, 1200
Pennsylvania Ave. NW., Washington,
DC 20460–0001.
• Delivery: OPP Regulatory Public
Docket (7502P), Environmental
Protection Agency, Rm. S–4400, One
Potomac Yard (South Bldg.), 2777 S.
Crystal Dr., Arlington, VA. Deliveries
are only accepted during the Docket
Facility’s normal hours of operation
(8:30 a.m. to 4 p.m., Monday through
Friday, excluding legal holidays).
Special arrangements should be made
for deliveries of boxed information. The
Docket Facility telephone number is
(703) 305–5805.
FOR FURTHER INFORMATION CONTACT:
Christopher Green, Office of Pesticide
Programs, Environmental Protection
Agency, 1200 Pennsylvania Ave. NW.,
Washington, DC 20460–0001; telephone
number: (703) 347–0367; email address:
green.christopher@epa.gov.
SUPPLEMENTARY INFORMATION:
I. General Information
A. Does this action apply to me?
This action is directed to the public
in general. Although, this action may be
of particular interest to persons who
produce or use pesticides, the Agency
has not attempted to describe all the
specific entities that may be affected by
this action. If you have any questions
regarding the information in this notice,
consult the person listed under FOR
FURTHER INFORMATION CONTACT.
B. How can I get copies of this document
and other related information?
EPA has established a docket for this
action under docket ID number EPA–
HQ–OPP–2011–0553. Publicly available
docket materials are available either in
the electronic docket at https://
www.regulations.gov, or, if only
available in hard copy, at the Office of
Pesticide Programs (OPP) Regulatory
Public Docket in Rm. S–4400, One
Potomac Yard (South Bldg.), 2777 S.
Crystal Dr., Arlington, VA. The hours of
operation of this Docket Facility are
from 8:30 a.m. to 4 p.m., Monday
through Friday, excluding legal
holidays. The Docket Facility telephone
number is (703) 305–5805.
II. What action is the Agency taking?
This notice announces receipt by the
Agency of applications from registrants
to delete uses in certain pesticide
registrations. These registrations are
listed in Table 1 of this unit by
registration number, product name,
active ingredient, and specific uses
deleted:
TABLE 1—REQUESTS FOR AMENDMENTS TO DELETE USES IN CERTAIN PESTICIDE REGISTRATIONS
Product name
Active ingredient
264–437 ........................................
264–540 ........................................
tkelley on DSK3SPTVN1PROD with NOTICES
EPA Registration No.
Buctril Herbicide ............................
Buctril Herbicide ............................
Bromoxynil ....................................
Bromoxynil ....................................
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Delete from label
BXN Cotton.
BXN Cotton.
08FEN1
Agencies
[Federal Register Volume 77, Number 26 (Wednesday, February 8, 2012)]
[Notices]
[Pages 6560-6562]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-2904]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
[FRL-9628-4]
Notice of a Project Waiver of the Buy American Requirement of the
American Recovery and Reinvestment Act of 2009 (ARRA) to the City of
Austin, TX
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Regional Administrator of EPA Region 6 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 Austin (``the
City'') for the purchase of ten (10) vertical linear motion mixers for
the Clean Water State Revolving Fund (CWSRF) Hornsby Bend Biosolids
Management Plant (BMP) Digester Improvement and Sustainability Project.
The required vertical linear motion mixers are manufactured by foreign
manufacturers and no United States manufacturer produces an alternative
that meets the City's technical specifications. This is a project
specific waiver and only applies to the use of the specified product
for the ARRA funded project being proposed. Any other ARRA project that
may wish to use the same product must apply for a separate waiver based
on the specific project circumstances. The Regional Administrator is
making this determination based on the review and recommendations of
the EPA Region 6, Water Quality Protection Division. The City has
provided sufficient documentation to support its request.
The Assistant Administrator of the EPA's Office of Administration
and Resources Management has concurred
[[Page 6561]]
on this decision to make an exception to Section 1605 of ARRA. This
action permits the purchase of the selected vertical linear motion
mixers not manufactured in America, for the proposed project being
implemented by the City.
DATES: Effective Date: January 12, 2012.
FOR FURTHER INFORMATION CONTACT: Nasim Jahan, Buy American Coordinator,
(214) 665-7522, SRF & Projects Section, Water Quality Protection
Division, U.S. EPA Region 6, 1445 Ross Avenue Dallas, Texas 75202-2733.
SUPPLEMENTARY INFORMATION: In accordance with ARRA Section 1605(c) and
1605(b)(2), 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 for the acquisition of selected
vertical linear motion mixers. The City has been unable to find
American made vertical linear motion mixers to meet its specific
wastewater requirements.
Section 1605 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 unless a waiver is provided to the recipient by EPA. A waiver
may be provided if EPA determines that: (1) Applying these requirements
would be inconsistent with 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 noted that out of the ten (10) vertical linear motion
mixers, two 10 horse power (hp) mixers are required for the flow
equalization tanks, four 20 hp mixers for the thickened sludge tanks,
and four 15 hp mixers for the anaerobic digesters. The City specified
the linear mixers because of their cam-scotch-yoke mechanism and
superior energy efficiency. The linear mixers are a proprietary
technology and are only manufactured by Enersave, a Canadian
manufacturer. The City has provided information to the EPA
demonstrating that there are no Vertical linear motion mixers
manufactured in the United States in sufficient and reasonable quantity
and of a satisfactory quality to meet the required technical
specification.
Based on additional research conducted by EPA Region 6 there do not
appear to be any American-made vertical linear motion mixers that would
meet the City's technical specifications. EPA's national contractor
prepared a technical assessment report based on the waiver request
submittal, which confirmed the waiver applicant's claim that there are
no American-made vertical linear motion mixers available for use in the
proposed waste water treatment system.
EPA has also evaluated the City's request to determine if its
submission is considered late or if it could be considered timely, as
per the OMB regulation at 2 CFR 176.120. 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, 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. If the need for a waiver is reasonably
foreseeable, then EPA could still apply discretion in these late cases
as per the OMB Guidance, which says ``the award official may deny the
request.'' For those waiver requests that do not have a reasonably
unforeseeable basis for lateness, but for which the waiver basis is
valid and there is no apparent gain by the ARRA recipient or loss on
behalf of the government, then EPA will still consider granting a
waiver.
In this case, the waiver request was submitted after the contract
date because of a delay in the process of the LMTM Mixer
technology being purchased by the City's supplier, Ovivo USA, LLC
(``Ovivo''), f/k/a Eimco Water Technologies, from Enersave (the
inventor), in order to obtain control of all technical drawings and
manufacture the mixers in the United States. The vertical linear motion
mixers have recently been patented by Enersave and Ovivo has purchased
only the rights to use the technology in the municipal market in North
America. Ovivo has been working with Enersave to allow the complete
transfer of information to take place; however, the duration has taken
longer than anticipated as the provided information has been found
incomplete requiring detailed support and fabrication from the
inventor. All linear motion mixers have been fabricated by the inventor
(Enersave) to date, due to the detailed technical drawings not being in
the control of Ovivo. The initial schedule of events planned to allow
Ovivo to do the fabrication for the Hornsby Bend mixers in the United
States, however, the delay in getting the necessary information
prevented this from occurring. When Ovivo found that the schedule would
not allow fabrication to occur in the United States the waiver was
requested. In light of the unexpected delay in the purchase of the
LMTM Mixer technology, EPA believes that the need for a
waiver was not reasonably forseeable and thus will treat the City's
waiver request as if timely submitted.
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,''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 City has incorporated specific technical design
requirements for installation of vertical linear motion mixers at its
wastewater treatment plant.
The purpose of the ARRA is to stimulate economic recovery in part
by funding current infrastructure construction, not to delay projects
that are ``shovel ready'' by requiring utilities, such as the City, to
revise their standards and specifications, institute a new bidding
process, and potentially choose a more costly, less efficient project.
The imposition of ARRA Buy American requirements on such projects
otherwise eligible for State Revolving Fund assistance would result in
unreasonable delay and thus displace the ``shovel ready'' status for
this project. To further delay construction is in direct conflict with
a fundamental economic purpose of the ARRA, which is to create or
retain jobs.
The Region 6 Water Quality Protection Division 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), Office of Management and Budget (OMB)
regulations at 2 CFR 176.60--176.170, and in the April 28, 2009,
memorandum, ``Implementation of Buy American provisions of Public Law
111-5, the American Recovery and Reinvestment Act of 2009.'' The basis
for this project waiver is the authorization provided in ARRA, Section
1605(b)(2). Due to the lack of production of this product in the United
States in sufficient and reasonably available quantities and of a
satisfactory quality in order to meet the City's
[[Page 6562]]
technical specifications, a waiver from the Buy American requirement is
justified.
EPA headquarters' 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 goods required for this project, and that these manufactured
goods are not available from a producer in the United States, the City
is hereby granted a waiver from the Buy American requirements of ARRA,
Section 1605(a) of Public Law 111-5 for the purchase of the selected 10
vertical linear motion mixers, using ARRA funds, as specified in the
City's request. This supplementary information constitutes the detailed
written justification required by ARRA, Section 1605(c), for waivers
``based on a finding under subsection (b).''
Authority: Public Law 111-5, section 1605.
Issued on: Dated: January 12, 2012.
Al Armendariz,
Regional Administrator, U.S. Environmental Protection Agency, Region 6.
[FR Doc. 2012-2904 Filed 2-7-12; 8:45 am]
BILLING CODE 6560-50-P