Notice of Buy American Waiver Under the American Recovery and Reinvestment Act of 2009, 11161-11163 [2012-4235]
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Federal Register / Vol. 77, No. 37 / Friday, February 24, 2012 / Notices
believe they may be entitled to
additional benefits under the EUC08
program, or who wish to inquire about
their rights under the program, should
contact their State Workforce Agency.
FOR FURTHER INFORMATION CONTACT:
Scott Gibbons, U.S. Department of
Labor, Employment and Training
Administration, Office of
Unemployment Insurance, 200
Constitution Avenue NW., Frances
Perkins Bldg. Room S–4524,
Washington, DC 20210, telephone
number (202) 693–3008 (this is not a
toll-free number) or by email:
gibbons.scott@dol.gov.
Signed in Washington, DC, this 16th day of
February 2012.
Jane Oates,
Assistant Secretary, Employment and
Training Administration.
[FR Doc. 2012–4294 Filed 2–23–12; 8:45 am]
BILLING CODE 4510–FW–P
LEGAL SERVICES CORPORATION
Sunshine Act Meeting
The Legal Services
Corporation’s Promotion & Provision for
the Delivery of Legal Services
Committee will meet March 9, 2012.
The meeting will commence at 12 p.m.,
Eastern Standard Time, and will
continue until the conclusion of the
Committee’s agenda.
LOCATION: F. William McCalpin
Conference Center, Legal Services
Corporation Headquarters Building,
3333 K Street NW., Washington, DC
20007.
PUBLIC OBSERVATION: Members of the
public who are unable to attend but
wish to listen to the public proceeding
may do so by following the telephone
call-in directions provided below but
are asked to keep their telephones
muted to eliminate background noises.
From time to time the presiding Chair
may solicit comments from the public.
CALL-IN DIRECTIONS FOR OPEN SESSIONS:
• Call toll-free number: 1–866–451–
4981;
• When prompted, enter the
following numeric pass code:
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• When connected to the call, please
immediately ‘‘MUTE’’ your telephone.
STATUS OF MEETING: Open.
MATTERS TO BE CONSIDERED:
1. Approval of Agenda
2. Approval of minutes of the
Committee’s meeting of January 20,
2012
3. Discussion of Committee members’
self-evaluations for 2011 and the
Committee’s goals for 2012
srobinson on DSK4SPTVN1PROD with NOTICES
DATE AND TIME:
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4. Discussion on use of video taping
of Committee presentations for
preservation and dissemination
5. Facilitating grantee staff to
participate in ‘‘peer’’ review visits of
other grantees and/or OPP program
quality visits
6. Public comment
7. Consider and act on other business
8. Consider and act on adjournment of
meeting
CONTACT PERSON FOR INFORMATION:
Katherine Ward, Executive Assistant to
the Vice President & General Counsel, at
(202) 295–1500. Questions may be sent
by electronic mail to
FR_NOTICE_QUESTIONS@lsc.gov.
ACCESSIBILITY: LSC complies with the
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Individuals who need other
accommodations due to disability in
order to attend the meeting in person or
telephonically should contact Katherine
Ward, at (202) 295–1500 or
FR_NOTICE_QUESTIONS@lsc.gov, at
least 2 business days in advance of the
meeting. If a request is made without
advance notice, LSC will make every
effort to accommodate the request but
cannot guarantee that all requests can be
fulfilled.
Dated: February 21, 2012.
Mattie Cohan,
Senior Assistant General Counsel.
[FR Doc. 2012–4441 Filed 2–22–12; 4:15 pm]
BILLING CODE 7050–01–P
NATIONAL SCIENCE FOUNDATION
Notice of Buy American Waiver Under
the American Recovery and
Reinvestment Act of 2009
AGENCY:
National Science Foundation
(NSF).
ACTION:
Notice.
NSF is hereby granting a
limited exemption of section 1605 of the
American Recovery and Reinvestment
Act of 2009 (Recovery Act), Public Law
111–5, 123 Stat. 115, 303 (2009), with
respect to the purchase of the
propulsion shaft bulkhead seals that
will be used in the Alaska Region
Research Vessel (ARRV). These seals
protect the vessel from progressive
flooding in the event of an emergency.
DATES: February 24, 2012.
ADDRESSES: National Science
Foundation, 4201 Wilson Blvd.,
Arlington, Virginia 22230.
SUMMARY:
PO 00000
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Fmt 4703
Sfmt 4703
11161
Mr.
Jeffrey Leithead, Division of Acquisition
and Cooperative Support, 703–292–
4595.
FOR FURTHER INFORMATION CONTACT:
In
accordance with section 1605(c) of the
Recovery Act and section 176.80 of Title
2 of the Code of Federal Regulations, the
National Science Foundation (NSF)
hereby provides notice that on February
15, 2012, the NSF Chief Financial
Officer, in accordance with a delegation
order from the Director of the agency,
granted a limited project exemption of
section 1605 of the Recovery Act (Buy
American provision) with respect to the
propulsion shaft bulkhead seals that
will be used in the ARRV. The basis for
this exemption is section 1605(b)(2) of
the Recovery Act, in that propulsion
shaft bulkhead seals of satisfactory
quality are not produced in the United
States in sufficient and reasonably
available commercial quantities. The
total cost of the two required propulsion
shaft bulkhead seals (∼$82,000)
represents less than 0.1% of the total
$148 million Recovery Act award
provided toward construction of the
ARRV.
SUPPLEMENTARY INFORMATION:
I. Background
The Recovery Act appropriated $400
million to NSF for several projects being
funded by the Foundation’s Major
Research Equipment and Facilities
Construction (MREFC) account. The
ARRV is one of NSF’s MREFC projects.
Section 1605(a) of the Recovery Act, the
Buy American provision, states that
none of the funds appropriated by the
Act ‘‘may be used for a project 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.’’
The ARRV has been developed under
a cooperative agreement awarded to the
University of Alaska, Fairbanks (UAF)
that began in 2007. UAF executed the
shipyard contract in December 2009 and
the project is currently under
construction. The purpose of the
Recovery Act is to stimulate economic
recovery in part by funding current
construction projects like the ARRV that
are ‘‘shovel ready’’ without requiring
projects to revise their standards and
specifications, or to restart the bidding
process again.
Subsections 1605(b) and (c) of the
Recovery Act authorize the head of a
Federal department or agency to waive
the Buy American provision if the head
of the agency finds that: (1) Applying
the provision would be inconsistent
with the public interest; (2) the relevant
E:\FR\FM\24FEN1.SGM
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11162
Federal Register / Vol. 77, No. 37 / Friday, February 24, 2012 / Notices
srobinson on DSK4SPTVN1PROD with NOTICES
goods are not produced in the United
States in sufficient and reasonably
available quantities and of a satisfactory
quality; or (3) the inclusion of the goods
produced in the United States will
increase the cost of the project by more
than 25 percent. If the head of the
Federal department or agency waives
the Buy American provision, then the
head of the department or agency is
required to publish a detailed
justification in the Federal Register.
Finally, section 1605(d) of the Recovery
Act states that the Buy American
provision must be applied in a manner
consistent with the United States’
obligations under international
agreements.
II. Finding That Relevant Goods Are
Not Produced in the United States in
Sufficient and Reasonably Available
Quality
The ARRV is specifically designed to
meet a low underwater radiated noise
standard that relates to fish hearing
(Specification Section 073.2). This
standard is critical to science operations
in that if the noise from the vessel is too
high, the behavior of the species being
studied will be changed, which
negatively impacts the population data
being collected. If the vessel does not
meet this low underwater radiated noise
standard, the science mission
requirements will not be met. All
modern research vessels are being built
with low underwater noise in mind not
only because of improved science
capabilities but also because of the
growing understanding of the negative
environmental effects of noise in the
water, particularly for marine mammals.
One significant path for vessel noise to
be transmitted into the water is from
rotating or vibrating machinery that is in
contact with elements of the ship’s
structure, such as bulkheads (walls) and
decks (floors). The vibration then goes
directly into the water from the hull.
The way to prevent this is to eliminate
direct contact with the ship’s structure
or lower it to acceptable levels using
properly designed vibration mounts
made of a flexible material, such as
rubber or springs.
The ship’s main propulsion shafts,
which connect the electric drive motors
to the azimuthing thrusters (Z-drive),
are a significant source of vibration. The
vessel has two main thruster units for
speed, ice breaking, and
maneuverability, and it therefore has
two propulsion shafts. Originally, both
the motor and the thruster were in the
same compartment. However, the hull
had to be lengthened six feet due to
weight, which necessitated the creation
of a separate motor room. Because of
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18:34 Feb 23, 2012
Jkt 226001
U.S. Coast Guard requirements to
prevent progress flooding between
compartments in the event of damage to
the hull, all penetrations (including the
shaft) require a means to make the
opening water tight. Therefore, the
technical requirements that were
developed by UAF for selecting the
propulsion shaft bulkhead seals used in
the ARRV include:
1. Certified by the American Bureau
of Shipping (ABS).
2. Withstand water pressures when
flooding in the hull is over 10 feet deep.
3. Sized to properly fit the diameter
of the propulsion shaft.
4. Accommodate all angular and
directional fluctuations of the shaft
when rotating.
5. Accommodate shaft speeds up to
1079 RPM.
6. Suitable for the marine
environment (temperatures, contact
with sea water, bilge water, etc.).
7. Be split seal/housing type to allow
installation and/or removal after shaft
installation.
8. Be non-contact type under normal
operations to prevent shaft vibration
from transmitting to the hull.
Failure to meet any of these technical
requirements would jeopardize safety
and operability, and would prevent the
vessel from meeting the specified low
underwater radiated noise requirements.
The unique aspect of the MIDE
Marine propulsion shaft bulkhead seal
is its hydrogel embedded foam. This
foam enables the seal to not contact the
rotating shaft during the majority of its
life. When a flooding event occurs, the
hydrogel embedded foam uses the water
from the flooding to swell and provide
a robust and reliable seal against the
shaft, protecting the vessel from
progressive flooding. Rigorous testing to
U.S. Navy standards has demonstrated
that the seal can operate for up to 1,000
hours with the seal engaged after a
flooding. By not normally contacting the
shaft the seal has no wearing
components (which means less
maintenance and easier installation),
and for the ARRV has the added benefit
of not transmitting any shaft vibrations
to the hull. In an emergency situation,
meeting the low underwater radiated
noise standards is of no concern. MIDE
Marine is a U.S. company based in
Massachusetts, but manufactures their
product overseas.
The shipyard conducted trade
publication and web based searches for
bulkhead and shaft seals of all types. A
web search generated an initial list of
189 U.S. companies that might
manufacture the required seal type.
Ultimately, the list was reduced to forty
(40) by researching those that had
PO 00000
Frm 00100
Fmt 4703
Sfmt 4703
marine applications. A detailed review
of the forty (40) remaining companies
was conducted and only one company
(MIDE Marine) was found to have an
ARRV compliant non-contact type
propulsion shaft bulkhead seal. Further
discussion with MIDE Marine revealed
that the seals are manufactured
overseas. The shipyard decided to
pursue the propulsion shaft bulkhead
seal available from MIDE Marine, a U.S.owned company, as the only supplier
whose product meets technical
requirements, but this purchase still
requires an exemption due to foreign
manufacture.
In the absence of a domestic
manufacturer that could provide
requirements-compliant propulsion
shaft bulkhead seals, UAF requested
that NSF issue a Section 1605
exemption determination with respect
to the purchase of foreign-supplied,
requirements-compliant propulsion
shaft bulkhead seals, so that the vessel
will meet the specific design and
technical requirements that, as
explained above, are necessary for this
vessel to be able to perform its mission
successfully. Furthermore, the
shipyard’s market research indicated
that propulsion shaft bulkhead seals
compliant with the ARRV’s technical
specifications and requirements are
commercially available from a U.S.
company within their standard product
line, but are manufactured overseas,
which necessitates an exemption.
NSF’s Division of Acquisition and
Cooperative Support (DACS) and other
NSF program staff reviewed the UAF
exemption request submittal, found that
it was complete, and determined that
sufficient technical information was
provided in order for NSF to evaluate
the exemption request and to conclude
that an exemption is needed and should
be granted.
III. Exemption
On February 15, 2012, based on the
finding that no domestically produced
propulsion shaft bulkhead seals meet all
of the ARRV’s technical specifications
and requirements and pursuant to
section 1605(b), the NSF Chief Financial
Officer, in accordance with a delegation
order from the Director of the agency
signed on May 27, 2010, granted a
limited project exemption of the
Recovery Act’s Buy American
requirements with respect to the
procurement of propulsion shaft
bulkhead seals.
E:\FR\FM\24FEN1.SGM
24FEN1
Federal Register / Vol. 77, No. 37 / Friday, February 24, 2012 / Notices
Dated: February 17, 2012.
Lawrence Rudolph,
General Counsel.
[FR Doc. 2012–4235 Filed 2–23–12; 8:45 am]
BILLING CODE 7555–01–P
NATIONAL SCIENCE FOUNDATION
Notice of Buy American Waiver Under
the American Recovery and
Reinvestment Act of 2009
AGENCY:
National Science Foundation
(NSF).
ACTION:
Notice.
NSF is hereby granting a
limited exemption of section 1605 of the
American Recovery and Reinvestment
Act of 2009 (Recovery Act), Public Law
111–5, 123 Stat. 115, 303 (2009), with
respect to the purchase of the superior
holding power balanced anchors that
will be used in the Alaska Region
Research Vessel (ARRV). These anchors
are required in order to accommodate
the vessel’s ice breaking bow shape and
they will save weight.
DATES: February 24, 2012.
ADDRESSES: National Science
Foundation, 4201 Wilson Blvd.,
Arlington, Virginia 22230.
FOR FURTHER INFORMATION CONTACT: Mr.
Jeffrey Leithead, Division of Acquisition
and Cooperative Support, 703–292–
4595.
SUMMARY:
In
accordance with section 1605(c) of the
Recovery Act and section 176.80 of Title
2 of the Code of Federal Regulations, the
National Science Foundation (NSF)
hereby provides notice that on February
15, 2012, the NSF Chief Financial
Officer, in accordance with a delegation
order from the Director of the agency,
granted a limited project exemption of
section 1605 of the Recovery Act (Buy
American provision) with respect to the
superior holding power balanced
anchors that will be used in the ARRV.
The basis for this exemption is section
1605(b)(2) of the Recovery Act, in that
superior holding power balanced
anchors of satisfactory quality are not
produced in the United States in
sufficient and reasonably available
commercial quantities. The total cost of
the three (3) required anchors
(∼$42,360) represents less than 0.1% of
the total $148 million Recovery Act
award provided for construction of the
ARRV.
srobinson on DSK4SPTVN1PROD with NOTICES
SUPPLEMENTARY INFORMATION:
I. Background
The Recovery Act appropriated $400
million to NSF for several projects being
funded by the Foundation’s Major
VerDate Mar<15>2010
18:34 Feb 23, 2012
Jkt 226001
Research Equipment and Facilities
Construction (MREFC) account. The
ARRV is one of NSF’s MREFC projects.
Section 1605(a) of the Recovery Act, the
Buy American provision, states that
none of the funds appropriated by the
Act ‘‘may be used for a project 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.’’
The ARRV has been developed under
a cooperative agreement awarded to the
University of Alaska, Fairbanks (UAF)
that began in 2007. UAF executed the
shipyard contract in December 2009 and
the project is currently under
construction. The purpose of the
Recovery Act is to stimulate economic
recovery in part by funding current
construction projects like the ARRV that
are ‘‘shovel ready’’ without requiring
projects to revise their standards and
specifications, or to restart the bidding
process again.
Subsections 1605(b) and (c) of the
Recovery Act authorize the head of a
Federal department or agency to waive
the Buy American provision if the head
of the agency finds that: (1) Applying
the provision would be inconsistent
with the public interest; (2) the relevant
goods are not produced in the United
States in sufficient and reasonably
available quantities and of a satisfactory
quality; or (3) the inclusion of the goods
produced in the United States will
increase the cost of the project by more
than 25 percent. If the head of the
Federal department or agency waives
the Buy American provision, then the
head of the department or agency is
required to publish a detailed
justification in the Federal Register.
Finally, section 1605(d) of the Recovery
Act states that the Buy American
provision must be applied in a manner
consistent with the United States’
obligations under international
agreements.
II. Finding That Relevant Goods Are
Not Produced in the United States in
Sufficient and Reasonably Available
Quality
The specification for the ARRV
originally called for standard
‘‘stockless’’ anchors (the stock is the
cross arm below the ring on an oldfashioned style anchor), which are in
common use on commercial and
military vessels. The design
requirements in the specification for the
anchoring system on the ARRV include:
1. Approved by the American Bureau
of Shipping with regard to operability,
quality and size/holding power (6,000
lbs).
PO 00000
Frm 00101
Fmt 4703
Sfmt 4703
11163
2. The anchors drop immediately
upon release.
3. The anchors do not jam in the
hawse pipe (chain pipe between the
hull and deck).
4. The anchors do not move when
stowed in heavy seas.
5. The anchors ‘‘self-stow’’ against the
hull.
Failure to meet any of these technical
requirements would have severe
negative impacts on safety. Anchors are
required not only for routine use in port
or during operations, but in an
emergency situation (for example, the
loss of propulsion) to keep the vessel
from going aground, damaging the hull
and sinking. In this situation, the
anchors must release from the ship
quickly and efficiently. If proper
anchors are not used, the safety of the
vessel and the lives of everyone on
board would be jeopardized. The ARRV
is approved by the American Bureau of
Shipping (ABS) to ensure safe design,
construction, and vessel operation.
Since proper storage of the anchors in
the bow of the ship is often difficult to
achieve, the specification also called for
the shipyard to construct a physical
mock-up of the anchoring system,
which includes the anchors, anchor
pockets (recesses in the bow that keep
the anchors from protruding beyond the
hull), hawse pipes, and anchor winches.
Through this process, it was found that
the stockless anchor would not store
properly in the pockets that were
required to accommodate the ARRV’s
specialized ice-breaking bow. To protect
the anchors during ice operations, the
pockets were originally set as high in
the bow as possible. The only way to
make the stockless anchor work would
be to put the pockets excessively close
to the water line, but that would be
contrary to American Bureau of
Shipping and international regulatory
guidance for ice-classed vessels.
Through continued testing with the
mock-up, it was found that only a
‘‘balanced’’ anchor would work with the
pockets in the proper location. A
balanced anchor always stows with the
flukes (the ‘‘hooks’’ that penetrate into
the bottom) in the same position.
The specification originally called for
three (3) anchors; one on each side of
the bow and one spare on deck. This
configuration is typical for all
commercial and military vessels. As
part of the design effort to reduce
weight, the shipyard originally
proposed eliminating the spare anchor,
which was not considered prudent by
UAF. As an option, the use of three
smaller, lighter ‘‘superior’’ holding
power anchors was proposed during the
anchoring system evaluation. This
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]]>Agencies
[Federal Register Volume 77, Number 37 (Friday, February 24, 2012)]
[Notices]
[Pages 11161-11163]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-4235]
=======================================================================
-----------------------------------------------------------------------
NATIONAL SCIENCE FOUNDATION
Notice of Buy American Waiver Under the American Recovery and
Reinvestment Act of 2009
AGENCY: National Science Foundation (NSF).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: NSF is hereby granting a limited exemption of section 1605 of
the American Recovery and Reinvestment Act of 2009 (Recovery Act),
Public Law 111-5, 123 Stat. 115, 303 (2009), with respect to the
purchase of the propulsion shaft bulkhead seals that will be used in
the Alaska Region Research Vessel (ARRV). These seals protect the
vessel from progressive flooding in the event of an emergency.
DATES: February 24, 2012.
ADDRESSES: National Science Foundation, 4201 Wilson Blvd., Arlington,
Virginia 22230.
FOR FURTHER INFORMATION CONTACT: Mr. Jeffrey Leithead, Division of
Acquisition and Cooperative Support, 703-292-4595.
SUPPLEMENTARY INFORMATION: In accordance with section 1605(c) of the
Recovery Act and section 176.80 of Title 2 of the Code of Federal
Regulations, the National Science Foundation (NSF) hereby provides
notice that on February 15, 2012, the NSF Chief Financial Officer, in
accordance with a delegation order from the Director of the agency,
granted a limited project exemption of section 1605 of the Recovery Act
(Buy American provision) with respect to the propulsion shaft bulkhead
seals that will be used in the ARRV. The basis for this exemption is
section 1605(b)(2) of the Recovery Act, in that propulsion shaft
bulkhead seals of satisfactory quality are not produced in the United
States in sufficient and reasonably available commercial quantities.
The total cost of the two required propulsion shaft bulkhead seals
(~$82,000) represents less than 0.1% of the total $148 million Recovery
Act award provided toward construction of the ARRV.
I. Background
The Recovery Act appropriated $400 million to NSF for several
projects being funded by the Foundation's Major Research Equipment and
Facilities Construction (MREFC) account. The ARRV is one of NSF's MREFC
projects. Section 1605(a) of the Recovery Act, the Buy American
provision, states that none of the funds appropriated by the Act ``may
be used for a project 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.''
The ARRV has been developed under a cooperative agreement awarded
to the University of Alaska, Fairbanks (UAF) that began in 2007. UAF
executed the shipyard contract in December 2009 and the project is
currently under construction. The purpose of the Recovery Act is to
stimulate economic recovery in part by funding current construction
projects like the ARRV that are ``shovel ready'' without requiring
projects to revise their standards and specifications, or to restart
the bidding process again.
Subsections 1605(b) and (c) of the Recovery Act authorize the head
of a Federal department or agency to waive the Buy American provision
if the head of the agency finds that: (1) Applying the provision would
be inconsistent with the public interest; (2) the relevant
[[Page 11162]]
goods are not produced in the United States in sufficient and
reasonably available quantities and of a satisfactory quality; or (3)
the inclusion of the goods produced in the United States will increase
the cost of the project by more than 25 percent. If the head of the
Federal department or agency waives the Buy American provision, then
the head of the department or agency is required to publish a detailed
justification in the Federal Register. Finally, section 1605(d) of the
Recovery Act states that the Buy American provision must be applied in
a manner consistent with the United States' obligations under
international agreements.
II. Finding That Relevant Goods Are Not Produced in the United States
in Sufficient and Reasonably Available Quality
The ARRV is specifically designed to meet a low underwater radiated
noise standard that relates to fish hearing (Specification Section
073.2). This standard is critical to science operations in that if the
noise from the vessel is too high, the behavior of the species being
studied will be changed, which negatively impacts the population data
being collected. If the vessel does not meet this low underwater
radiated noise standard, the science mission requirements will not be
met. All modern research vessels are being built with low underwater
noise in mind not only because of improved science capabilities but
also because of the growing understanding of the negative environmental
effects of noise in the water, particularly for marine mammals. One
significant path for vessel noise to be transmitted into the water is
from rotating or vibrating machinery that is in contact with elements
of the ship's structure, such as bulkheads (walls) and decks (floors).
The vibration then goes directly into the water from the hull. The way
to prevent this is to eliminate direct contact with the ship's
structure or lower it to acceptable levels using properly designed
vibration mounts made of a flexible material, such as rubber or
springs.
The ship's main propulsion shafts, which connect the electric drive
motors to the azimuthing thrusters (Z-drive), are a significant source
of vibration. The vessel has two main thruster units for speed, ice
breaking, and maneuverability, and it therefore has two propulsion
shafts. Originally, both the motor and the thruster were in the same
compartment. However, the hull had to be lengthened six feet due to
weight, which necessitated the creation of a separate motor room.
Because of U.S. Coast Guard requirements to prevent progress flooding
between compartments in the event of damage to the hull, all
penetrations (including the shaft) require a means to make the opening
water tight. Therefore, the technical requirements that were developed
by UAF for selecting the propulsion shaft bulkhead seals used in the
ARRV include:
1. Certified by the American Bureau of Shipping (ABS).
2. Withstand water pressures when flooding in the hull is over 10
feet deep.
3. Sized to properly fit the diameter of the propulsion shaft.
4. Accommodate all angular and directional fluctuations of the
shaft when rotating.
5. Accommodate shaft speeds up to 1079 RPM.
6. Suitable for the marine environment (temperatures, contact with
sea water, bilge water, etc.).
7. Be split seal/housing type to allow installation and/or removal
after shaft installation.
8. Be non-contact type under normal operations to prevent shaft
vibration from transmitting to the hull.
Failure to meet any of these technical requirements would
jeopardize safety and operability, and would prevent the vessel from
meeting the specified low underwater radiated noise requirements.
The unique aspect of the MIDE Marine propulsion shaft bulkhead seal
is its hydrogel embedded foam. This foam enables the seal to not
contact the rotating shaft during the majority of its life. When a
flooding event occurs, the hydrogel embedded foam uses the water from
the flooding to swell and provide a robust and reliable seal against
the shaft, protecting the vessel from progressive flooding. Rigorous
testing to U.S. Navy standards has demonstrated that the seal can
operate for up to 1,000 hours with the seal engaged after a flooding.
By not normally contacting the shaft the seal has no wearing components
(which means less maintenance and easier installation), and for the
ARRV has the added benefit of not transmitting any shaft vibrations to
the hull. In an emergency situation, meeting the low underwater
radiated noise standards is of no concern. MIDE Marine is a U.S.
company based in Massachusetts, but manufactures their product
overseas.
The shipyard conducted trade publication and web based searches for
bulkhead and shaft seals of all types. A web search generated an
initial list of 189 U.S. companies that might manufacture the required
seal type. Ultimately, the list was reduced to forty (40) by
researching those that had marine applications. A detailed review of
the forty (40) remaining companies was conducted and only one company
(MIDE Marine) was found to have an ARRV compliant non-contact type
propulsion shaft bulkhead seal. Further discussion with MIDE Marine
revealed that the seals are manufactured overseas. The shipyard decided
to pursue the propulsion shaft bulkhead seal available from MIDE
Marine, a U.S.-owned company, as the only supplier whose product meets
technical requirements, but this purchase still requires an exemption
due to foreign manufacture.
In the absence of a domestic manufacturer that could provide
requirements-compliant propulsion shaft bulkhead seals, UAF requested
that NSF issue a Section 1605 exemption determination with respect to
the purchase of foreign-supplied, requirements-compliant propulsion
shaft bulkhead seals, so that the vessel will meet the specific design
and technical requirements that, as explained above, are necessary for
this vessel to be able to perform its mission successfully.
Furthermore, the shipyard's market research indicated that propulsion
shaft bulkhead seals compliant with the ARRV's technical specifications
and requirements are commercially available from a U.S. company within
their standard product line, but are manufactured overseas, which
necessitates an exemption.
NSF's Division of Acquisition and Cooperative Support (DACS) and
other NSF program staff reviewed the UAF exemption request submittal,
found that it was complete, and determined that sufficient technical
information was provided in order for NSF to evaluate the exemption
request and to conclude that an exemption is needed and should be
granted.
III. Exemption
On February 15, 2012, based on the finding that no domestically
produced propulsion shaft bulkhead seals meet all of the ARRV's
technical specifications and requirements and pursuant to section
1605(b), the NSF Chief Financial Officer, in accordance with a
delegation order from the Director of the agency signed on May 27,
2010, granted a limited project exemption of the Recovery Act's Buy
American requirements with respect to the procurement of propulsion
shaft bulkhead seals.
[[Page 11163]]
Dated: February 17, 2012.
Lawrence Rudolph,
General Counsel.
[FR Doc. 2012-4235 Filed 2-23-12; 8:45 am]
BILLING CODE 7555-01-P
