Federal Register / Vol. 75, No. 236 / Thursday, December 9, 2010 / Notices 76727 

Solar, LLC’s application for marketbased rate authority, with an 

accompanying rate tariff, noting that 

such application includes a request for 

blanket authorization, under 18 CFR 

part 34, of future issuances of securities 

and assumptions of liability. 

Any person desiring to intervene or to 

protest should file with the Federal 

Energy Regulatory Commission, 888 

First Street, NE., Washington, DC 20426, 

in accordance with Rules 211 and 214 

of the Commission’s Rules of Practice 

and Procedure (18 CFR 385.211 and 

385.214). Anyone filing a motion to 

intervene or protest must serve a copy 

of that document on the Applicant. 

Notice is hereby given that the 

deadline for filing protests with regard 

to the applicant’s request for blanket 

authorization, under 18 CFR part 34, of 

future issuances of securities and 

assumptions of liability, is December 21, 

2010. 

The Commission encourages 

electronic submission of protests and 

interventions in lieu of paper, using the 

FERC Online links at http:// 

www.ferc.gov. To facilitate electronic 

service, persons with Internet access 

who will eFile a document and/or be 

listed as a contact for an intervenor 

must create and validate an 

eRegistration account using the 

eRegistration link. Select the eFiling 

link to log on and submit the 

intervention or protests. 

Persons unable to file electronically 

should submit an original and 14 copies 

of the intervention or protest to the 

Federal Energy Regulatory Commission, 

888 First Street, NE., Washington, DC 

20426. 

The filings in the above-referenced 

proceeding are accessible in the 

Commission’s eLibrary system by 

clicking on the appropriate link in the 

above list. They are also available for 

review in the Commission’s Public 

Reference Room in Washington, DC. 

There is an eSubscription link on the 

Web site that enables subscribers to 

receive e-mail notification when a 

document is added to a subscribed 

docket(s). For assistance with any FERC 

Online service, please e-mail 

FERCOnlineSupport@ferc.gov. or call 

(866) 208–3676 (toll free). For TTY, call 

(202) 502–8659. 

Nathaniel J. Davis, Sr., 

Deputy Secretary. 

[FR Doc. 2010–30939 Filed 12–8–10; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket No. ER11–2192–000] 

Red Mesa Wind, LLC; Supplemental 

Notice That Initial Market-Based Rate 

Filing Includes Request for Blanket 

Section 204 Authorization 

December 1, 2010. 

This is a supplemental notice in the 

above-referenced proceeding of Red 

Mesa Wind, LLC’s application for 

market-based rate authority, with an 

accompanying rate tariff, noting that 

such application includes a request for 

blanket authorization, under 18 CFR 

Part 34, of future issuances of securities 

and assumptions of liability. 

Any person desiring to intervene or to 

protest should file with the Federal 

Energy Regulatory Commission, 888 

First Street, NE., Washington, DC 20426, 

in accordance with Rules 211 and 214 

of the Commission’s Rules of Practice 

and Procedure (18 CFR 385.211 and 

385.214). Anyone filing a motion to 

intervene or protest must serve a copy 

of that document on the Applicant. 

Notice is hereby given that the 

deadline for filing protests with regard 

to the applicant’s request for blanket 

authorization, under 18 CFR part 34, of 

future issuances of securities and 

assumptions of liability, is December 21, 

2010. 

The Commission encourages 

electronic submission of protests and 

interventions in lieu of paper, using the 

FERC Online links at http:// 

www.ferc.gov. To facilitate electronic 

service, persons with Internet access 

who will eFile a document and/or be 

listed as a contact for an intervenor 

must create and validate an 

eRegistration account using the 

eRegistration link. Select the eFiling 

link to log on and submit the 

intervention or protests. 

Persons unable to file electronically 

should submit an original and 14 copies 

of the intervention or protest to the 

Federal Energy Regulatory Commission, 

888 First Street, NE., Washington, DC 

20426. 

The filings in the above-referenced 

proceeding are accessible in the 

Commission’s eLibrary system by 

clicking on the appropriate link in the 

above list. They are also available for 

review in the Commission’s Public 

Reference Room in Washington, DC. 

There is an eSubscription link on the 

Web site that enables subscribers to 

receive e-mail notification when a 

document is added to a subscribed 

docket(s). For assistance with any FERC 

Online service, please e-mail 

FERCOnlineSupport@ferc.gov or call 

(866) 208–3676 (toll free). For TTY, call 

(202) 502–8659. 

Nathaniel J. Davis, Sr., 

Deputy Secretary. 

[FR Doc. 2010–30938 Filed 12–8–10; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket No. ER11–2201–000] 

Evergreen Wind Power III, LLC; 

Supplemental Notice that Initial 

Market-Based Rate Filing Includes 

Request for Blanket Section 204 

Authorization 

December 1, 2010. 

This is a supplemental notice in the 

above-referenced proceeding of 

Evergreen Wind Power III, LLC’s 

application for market-based rate 

authority, with an accompanying rate 

tariff, noting that such application 

includes a request for blanket 

authorization, under 18 CFR part 34, of 

future issuances of securities and 

assumptions of liability. 

Any person desiring to intervene or to 

protest should file with the Federal 

Energy Regulatory Commission, 888 

First Street, NE., Washington, DC 20426, 

in accordance with Rules 211 and 214 

of the Commission’s Rules of Practice 

and Procedure (18 CFR 385.211 and 

385.214). Anyone filing a motion to 

intervene or protest must serve a copy 

of that document on the Applicant. 

Notice is hereby given that the 

deadline for filing protests with regard 

to the applicant’s request for blanket 

authorization, under 18 CFR part 34, of 

future issuances of securities and 

assumptions of liability, is December 21, 

2010. 

The Commission encourages 

electronic submission of protests and 

interventions in lieu of paper, using the 

FERC Online links at http:// 

www.ferc.gov. To facilitate electronic 

service, persons with Internet access 

who will eFile a document and/or be 

listed as a contact for an intervenor 

must create and validate an 

eRegistration account using the 

eRegistration link. Select the eFiling 

link to log on and submit the 

intervention or protests. 

Persons unable to file electronically 

should submit an original and 14 copies 

of the intervention or protest to the 

Federal Energy Regulatory Commission, 


erowe on DSK5CLS3C1PROD with NOTICES
76728 Federal Register / Vol. 75, No. 236 / Thursday, December 9, 2010 / Notices 

888 First Street, NE., Washington, DC 

20426. 

The filings in the above-referenced 

proceeding are accessible in the 

Commission’s eLibrary system by 

clicking on the appropriate link in the 

above list. They are also available for 

review in the Commission’s Public 

Reference Room in Washington, DC. 

There is an eSubscription link on the 

Web site that enables subscribers to 

receive e-mail notification when a 

document is added to a subscribed 

docket(s). For assistance with any FERC 

Online service, please e-mail 

FERCOnlineSupport@ferc.gov. or call 

(866) 208–3676 (toll free). For TTY, call 

(202) 502–8659. 

Nathaniel J. Davis, Sr., 

Deputy Secretary. 

[FR Doc. 2010–30936 Filed 12–8–10; 8:45 am] 

BILLING CODE 6717–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[EPA–R07–OW–2010–0898; FRL–9236–7] 

Notice of a Regional Project Waiver of 

Section 1605 (Buy American) of the 

American Recovery and Reinvestment 

Act of 2009 (ARRA) to the Central Iowa 

Water Association 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: 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 Central Iowa Water Association 

(CIWA) for the purchase of ORION 

Water Meter Monitor with Leak 

Detection Indicator in-home water meter 

monitors manufactured in Malaysia by 

Eastech, Inc., under license from Badger 

Meter, Inc., located in Milwaukee, 

Wisconsin. 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. The waiver applicant 

states that the Badger in-home water 

meter monitors are the only devices that 

are compatible with the water meter 

heads installed by the CIWA. The 

Regional Administrator is making this 

determination based on the review and 

recommendations of the Drinking Water 

State Revolving Fund (DWSRF) staff. 

CIWA has provided sufficient 

documentation to support their waiver 

request. 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. 

DATES: Effective Date: November 30, 

2010. 

FOR FURTHER INFORMATION CONTACT: 

Christopher Simmons, Environmental 

Engineer, Water Wetlands and 

Pesticides Division (WWPD), 

Environmental Protection Agency, 

Region 7, 901 N. 5th Street, Kansas City, 

KS 66101, telephone number (913) 551– 

7237; e-mail address: 

simmons.christopher@epa.gov. 

SUPPLEMENTARY INFORMATION: In 

accordance with ARRA Section 1605(c), 

EPA hereby provides notice that we are 

granting a project waiver of the 

requirements of Section 1605(a) of 

Public Law 111–5, Buy American 

requirements, to the Central Iowa Water 

Association for the purchase of a nondomestically manufactured ORION 

Water Meter Monitor with Leak 

Detection Indicator in-home water meter 

monitors manufactured in Malaysia by 

Eastech, Inc., under license from Badger 

Meter, Inc., located in Milwaukee, 

Wisconsin, to meet CIWA’s project 

specifications. 

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 CIWA drinking water 

improvement project is proposing the 

use of a non-domestically manufactured 

water meter monitor. This project will 

improve efficiency and promote water 

conservation by providing customers 

with a single meter reading platform 

and in-home monitoring devices. 

Residential water meters have been 

supplied and utilized by Sensus since 

the late 1970’s. The current Sensus 

water meters are now aged and obsolete. 

The Sensus meter technology has been 

discontinued and an in home 

monitoring unit is not available for the 

North American market. 

The Drinking Water State Revolving 

Fund (DWSRF) staff has reviewed this 

waiver request and has determined that 

the supporting documentation provided 

by the CIWA 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. 

EPA has also evaluated CIWA’s 

request to determine if its submission is 

considered late or if it could be 

considered timely, as per the OMB 

Guidance at 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, CIWA’s waiver request 

indicates that the Badger in-home water 

meter monitors are the only devices 

compatible with the Badger meter 

transmitter system and that no other 

water meter monitors are capable of 

meeting satisfactory quality to meet the 

technical specifications. The existing 

installed Sensus meter technology has 

been discontinued and Sensus has 

indicated that an equivalent in home 

monitoring unit is not available from 

Sensus for the North American market 

at this time. CIWA was not informed 

that the water meter monitor was not 

American made until the point of 

signing a final purchase agreement, after 

the contract was signed. There is no 


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