64308 Federal Register / Vol. 75, No. 201 / Tuesday, October 19, 2010 / Notices 

in compliance to a provision in their 

Stipulation and Agreement accepted on 

August 12, 2010. 

Any person desiring to participate in 

this rate filing must file in accordance 

with Rules 211 and 214 of the 

Commission’s Rules of Practice and 

Procedure (18 CFR 385.211 and 

385.214). Protests will be considered by 

the Commission in determining the 

appropriate action to be taken, but will 

not serve to make protestants parties to 

the proceeding. Any person wishing to 

become a party must file a notice of 

intervention or motion to intervene, as 

appropriate. Such notices, motions, or 

protests must be filed on or before the 

date as indicated below. Anyone filing 

an intervention or protest must serve a 

copy of that document on the Applicant. 

Anyone filing an intervention or protest 

on or before the intervention or protest 

date need not serve motions to intervene 

or protests on persons other than the 

Applicant. 

The Commission encourages 

electronic submission of protests and 

interventions in lieu of paper using the 

‘‘eFiling’’ link at http://www.ferc.gov. 

Persons unable to file electronically 

should submit an original and 14 copies 

of the protest or intervention to the 

Federal Energy Regulatory Commission, 

888 First Street, NE., Washington, DC 

20426. 

This filing is accessible on-line at 

http://www.ferc.gov, using the 

‘‘eLibrary’’ link and is 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. 

Comment Date: 5 p.m. Eastern time 

on Thursday, October 14, 2010. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. 2010–26243 Filed 10–18–10; 8:45 am] 

BILLING CODE 6717–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9214–6] 

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 

Lowell, MA 

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 Lowell, Massachusetts 

(‘‘City’’) for the purchase of a foreign 

manufactured heat recovery ventilator 

for the Lowell Wastewater Treatment 

Facility and Warren Street Combined 

Sewer Overflow (CSO) Diversion Station 

Improvements Project. 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 

information submitted by the City and 

its consulting engineer, it has been 

determined that there are currently no 

domestically manufactured heat 

recovery ventilators available to meet its 

proposed project and performance 

specifications. The Regional 

Administrator is making this 

determination based on the review and 

recommendations of the Municipal 

Assistance Unit. 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 a foreign 

manufactured heat recovery ventilator 

by the City, as specified in its July 14, 

2010 request. 

DATES: Effective Date: October 8, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Katie Connors, Environmental Engineer, 

(617) 918–1658, or David Chin, 

Environmental Engineer, (617) 918– 

1764, Municipal Assistance Unit (CMU), 

Office of Ecosystem Protection (OEP), 

U.S. EPA, 5 Post Office Square, Suite 

100, Boston, MA 02109–3912. 

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(b)(2) of 

Public Law 111–5, Buy American 

requirements, to the City for the 

purchase of a non-domestically 

manufactured fixed plate heat recovery 

ventilator to meet the City’s design and 

performance specifications as part of its 

proposed Lowell Wastewater Treatment 

Facility and Warren Street Combined 

Sewer Overflow (CSO) Diversion Station 

Improvements Project. 

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. 

EPA has determined that the City’s 

waiver request may be treated as timely 

even though the request was made after 

the construction contract was signed. 

Consistent with the direction of the 

OMB Guidance at 2 CFR176.120, EPA 

has evaluated the City’s request to 

determine if the request constitutes a 

late request. 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, in this case EPA has 

determined that the City’s request, 

though made after the date that the 

contract was signed, can be evaluated as 

timely because the need for a waiver 

was not reasonably foreseeable. After 

the contract date, during the shop 

drawing review, a domestic specified 

fixed plate heat recovery ventilator was 

found to be unavailable by the 

contractor. The need for a waiver was 

not determined until after the contractor 

had completed a search for a domestic 

manufacturer and had confirmed that 

there were no domestically made fixed 

plate heat recovery ventilators available 

to meet project specifications. 

Accordingly, EPA will evaluate the 

request as a timely request. 

mstockstill on DSKH9S0YB1PROD with NOTICES

Federal Register / Vol. 75, No. 201 / Tuesday, October 19, 2010 / Notices 64309 

The City is requesting a waiver from 

the Buy American provision of ARRA 

for one Cleanair Designs Heat Recovery 

Ventilator for use in the proposed 

activated sludge treatment building. The 

unit is scheduled for installation on the 

roof. The unit will provide ventilation 

and heating to the building and the 

design includes an air-to-air heat 

exchanger. The exchanger will recover 

energy in the exhaust air stream and 

transfer it to the fresh air stream, 

reducing the energy consumption 

during the heating season, with zero 

cross-contamination between the air 

streams. 

The City has researched foreign and 

domestic manufacturers of fixed plate 

heat recovery ventilators and has 

determined that domestic manufacturers 

are not able to manufacture a unit that 

meets all the project specifications. The 

specifications require that the heat 

exchanger be constructed with a 

polypropylene plate. The polypropylene 

plate was specified because the 

atmosphere inside the building where 

the heat recovery ventilator will be 

installed will be very corrosive. The 

polypropylene plate will better resist 

the corrosive return air circulated 

through the heat exchanger than a 

standard aluminum plate. 

An evaluation of all of the submitted 

documentation by EPA’s technical 

review team supports and confirms the 

City’s claim that there are currently no 

domestic manufacturers that can 

provide a suitable fixed plate heat 

recovery ventilator to meet project 

specifications. The consulting engineer 

for the City identified two domestic 

manufacturers in the United States. 

Neither of the two companies currently 

manufactures heat recovery units that 

meet all the project specifications. An 

independent review of the submitted 

documentation by EPA’s national 

contractor found four possible domestic 

manufacturers. However, none of the 

manufacturers contacted currently 

provides a product that meets the 

specifications and project requirements. 

In addition, the evaluation of the 

supporting documentation 

demonstrated that foreign manufactured 

heat recovery ventilators are available 

and will be able to meet the proposed 

project design and specifications. 

Furthermore, the purpose of the 

ARRA is to stimulate economic recovery 

by funding current infrastructure 

construction, not to delay or curtail 

entirely projects that are ‘‘shovel ready’’ 

by requiring potential SRF eligible 

recipients, such as the City of Lowell, 

MA, to revise their design standards and 

specifications. To curtail entirely 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 Municipal Assistance Unit (CMU) 

has reviewed this waiver request and 

has determined that the supporting 

documentation provided by the City 

establishes both a proper basis to 

specify a particular manufactured good, 

and that the domestically manufactured 

good that is currently available does not 

meet the design specifications for the 

proposed project. 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 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 good 

required for this project and that this 

manufactured good was not available 

from a producer in the United States, 

the City of Lowell, MA 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-domestically manufactured fixed 

plate heat recovery ventilator 

documented in City’s waiver request 

submittal dated July 14, 2010. 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: October 8, 2010. 

Ira W. Leighton, 

Acting Regional Administrator, EPA Region 

1—New England. 

[FR Doc. 2010–26260 Filed 10–18–10; 8:45 am] 

BILLING CODE 6560–50–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Centers for Disease Control and 

Prevention 

[Docket Number NIOSH–220] 

Components for Evaluation of DirectReading Monitors for Gases and 

Vapors and Addendum 

AGENCY: National Institute for 

Occupational Safety and Health 

(NIOSH) of the Centers for Disease 

Control and Prevention (CDC), 

Department of Health and Human 

Services (HHS). 

ACTION: Notice of draft publication 

available for public comment. 

SUMMARY: The National Institute for 

Occupational Safety and Health 

(NIOSH) of the Centers for Disease 

Control and Prevention (CDC) 

announces the availability of the 

following draft publication for public 

comment. The document and its 

addendum are entitled, respectively, 

‘‘Components for Evaluation of DirectReading Monitors for Gases and Vapors’’ 

and ‘‘Addendum to Components for 

Evaluation of Direct-Reading Monitors 

for Gases and Vapors: Hazard Detection 

in First Responder Environments.’’ The 

draft documents and instructions for 

submitting comments can be found at: 

http://www.cdc.gov/niosh/docket/ 

review/docket220. The document 

expands the 1995 method development 

and evaluation experimental testing 

methods to direct-reading monitors for 

gases and vapors. These Components 

are provided for laboratory users, 

consensus standard setting bodies, and 

manufacturers of direct-reading 

instrumentation and are compatible 

with the Instrumentation, Systems, and 

Automation Society guidelines. The 

addendum to the document expands the 

applicability of the Components by 

presenting methods to be used in 

evaluating direct-reading monitors for 

hazard detection in First Responder 

environments. The 1995 document, 

entitled ‘‘Guidelines for Air Sampling 

and Analytical Method Development 

and Evaluation,’’ can be viewed at: 

http://www.cdc.gov/niosh/docs/ 

95–117/. 

This guidance does not have the force 

and effect of the law. 

mstockstill on DSKH9S0YB1PROD with NOTICES