Federal Register / Vol. 75, No. 208 / Thursday, October 28, 2010 / Notices 66375 

economic purpose of the ARRA, which 

is to create or retain jobs. 

Based on additional research 

conducted by EPA’s Office of 

Infrastructure and Assistance (OIA) in 

Region 3, and to the best of the Region’s 

knowledge at the time of review, there 

do not appear to be other membrane 

filtration cassettes manufactured 

domestically that would meet the 

NBWA’s technical specification. EPA’s 

national contractor prepared a technical 

assessment report dated August 18, 

2010 based on the waiver request 

submitted. This report included a 

detailed review intended to enable EPA 

to determine if any company could be 

considered to substantially transform 

these cassettes in the United States. 

However, sufficient information was not 

available or made available to establish 

either performance characteristics for 

any potential alternative product, or the 

substantial transformation of any such 

product in the United States. 

Accordingly, the report determined that 

the waiver request submittal was 

complete, that adequate technical 

information was provided, and that 

there were no significant weaknesses in 

the justification provided. The report 

confirmed the waiver applicant’s claim 

that there are no American-made 

membrane filtration cassettes available 

from a domestic manufacturer in the 

proper form or specification as specified 

in the project plans and design, and the 

quality specified in the project plans 

and designs. 

The OIA has reviewed this waiver 

request and to the best of our knowledge 

at the time of review has determined 

that the supporting documentation 

provided by the NBWA is sufficient to 

meet the criteria listed under Section 

1605(b) and in the April 28, 2009, 

‘‘Implementation of Buy American 

provisions of Public Law 111–5, the 

‘American Recovery and Reinvestment 

Act of 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 basis for this project waiver is the 

authorization provided in 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 NBWA’s technical 

specifications, a waiver from the Buy 

American requirement is justified. 

The 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 good required for 

this project, and that this manufactured 

good was not available from a producer 

in the United States, the Newport 

Borough Water Authority is hereby 

granted a waiver from the Buy American 

requirements of Section 1605(a) of 

Public Law 111–5 for the purchase of 

thirty-two membrane filtration cassettes 

using ARRA funds as specified in the 

Newport Borough Water Authority’s 

request of August 4, 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 7, 2010. 

W.C. Early, 

Acting Regional Administrator, U.S. 

Environmental Protection Agency, Region III. 

[FR Doc. 2010–27279 Filed 10–27–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9218–4] 

Notice of a Regional Waiver of Section 

1605 (Buy American Requirement) of 

the American Recovery and 

Reinvestment Act of 2009 (ARRA) to 

the City of Kimberly (the City), ID 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: The Regional Administrator 

of EPA Region 10 is hereby granting a 

waiver of the Buy American 

requirements of ARRA Section 1605(a) 

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 for the purchase of three ABB 

ultra low harmonics (ULH) ACS800 

Series, variable frequency drives (VFDs): 

75–HP VFD, 100–HP VFD, and 150–HP 

VFD manufactured in Helsinki, Finland 

by ABB. This is a project specific waiver 

and only applies to the use of the 

specified products 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 project requires the ULH 

VFDs be installed because they do not 

require a separate harmonics filter and 

thus can be installed in smaller places. 

In addition, the waiver applicant 

provided a supplemental requirement 

from the local utility, Idaho Power. 

Idaho Power requires that harmonic 

distortion be minimized in accordance 

with the power quality standard, IEEE 

STD 519–1992. According to the waiver 

applicant’s consulting engineer, the 

relevant requirement in IEEE STD 519– 

1992 is that the VFD generate 4% or less 

AC line harmonic distortion without 

additional filtration. There are no 

known domestic manufacturers of 

comparable VFDs that satisfactorily 

meet all aspects of the project 

specifications. 

The Regional Administrator is making 

this determination based on the review 

and recommendations of the Drinking 

Water Unit. The City has provided 

sufficient documentation to support 

their request. 

DATES: Effective Date: October 13, 2010. 

FOR FURTHER INFORMATION CONTACT: 

Johnny Clark, DWSRF ARRA Program 

Management Analyst, Drinking Water 

Unit, Office of Water & Watersheds 

(OWW), (206) 553–0082, U.S. EPA 

Region 10 (OWW–136), 1200 Sixth 

Avenue, Suite 900, Seattle, WA 98101. 

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 for the 

acquisition of three ABB ultra low 

harmonics (ULH) ACS800 Series 

variable frequency drives (VFDs): 75–HP 

VFD, 100–HP VFD, and 150–HP VFD 

manufactured in Helsinki, Finland by 

ABB. The applicant indicates that ABB 

ULH VFDs are the ideal components, 

based upon project specifications and 

there are no known U.S. manufacturers 

that manufacture comparable products. 

The ARRA funded project involves 

water system improvements in well 

house #7, and two water storage tanks. 

One 150–HP VFD is to be incorporated 

into the new Well House #7; one 100– 

HP VFD is to be incorporated into the 

existing Redwood Booster Station on an 

existing booster pump; and one 75–HP 

VFD is to be incorporated into the 

existing City Hall Booster Station on a 

new booster pump. The applicant 

indicates ULH VFDs do not require a 

separate harmonics filter and thus can 

be installed in smaller spaces. At the 

Redwood Booster Station, which the 

applicant explains has limited space 

and is located in a residential 

neighborhood, the ULH VFD could be 

installed inside of the building rather 

than installing a separate harmonics 


emcdonald on DSK2BSOYB1PROD with NOTICES
66376 Federal Register / Vol. 75, No. 208 / Thursday, October 28, 2010 / Notices 

filter outside of the building with 

another VFD. Harmonic filters are 

reportedly noisy and susceptible to 

damage if installed outside the building. 

The applicant also indicated that ULH 

VFDs are more efficient and require less 

maintenance than other VFDs, thus 

providing the City with long-term cost 

savings. 

Within the requirements of the project 

specifications, there are critical 

elements, capability and requirements 

regarding the VFDs, to include the 

following: 

(a) Employ microprocessor based 

inverter logic isolated from power 

circuits. 

(b) Employ pulse width modulated 

inverter system. 

(c) Employ switching power supply 

operating off DC link. 

(d) Design for ability to operate 

controller with motor disconnected 

from output for testing and servicing. 

(e) Design for drive output rotation to 

be independent of input rotation. 

(f) Design to limit output voltage rate 

of rise to 500 volts per micro second (1– 

60HP) and 2000 volts per micro second 

(75HP+). 

(g) Design to be self protected while 

running or at rest against: 

1. Switching motor on drive output 

2. Output line to line or line to ground 

short circuits 

3. Drive overload 

(h) Design to drive a 150–HP motor or 

75–HP motor up to 40 feet away without 

exceeding the requirements of MGI– 

1993. 

(i) Design to include electronic 

thermal overload protection without 

motor temperature feedback. Provide 

class 10 motor protection, with speed 

sensitive response. 

(j) Design for speed regulation ±.5% of 

rated speed with a 10 to 90% load 

variation from 6 to 60 Hz. 

(k) Design for three programmable 

skip frequencies. 

In addition, the local utility, Idaho 

Power, requires that harmonic distortion 

be minimized in accordance with the 

power quality standard, IEEE STD 519– 

1992. According to the applicant’s 

consulting engineer, the relevant 

requirement in IEEE STD 519–1992 is 

that the VFD will generate 4% or less 

AC line total harmonic distortion 

without additional filtration. An inquiry 

by EPA’s national contractor (Cadmus) 

confirmed that no known domestic 

manufacturers of comparable VFDs meet 

all aspects of the project specification, 

which is supported by the available 

information. Based on available 

information, it is unlikely that other 

VFDs would function within the 

requirement of the project 

specifications. EPA finds these 

considerations as stated by the City 

provide ample functional justification 

for their specification of these ULH 

VFDs. 

EPA has determined that the City’s 

request can be processed as timely even 

though the request was made after the 

construction contract was signed. 

Consistent with direction of the Office 

of Management and Budget (OMB) 

Guidance at 2 CFR 176.120, 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 requested after the contract date, 

may be processed as if it were timely 

because the need for the waiver was not 

reasonably foreseeable. The local utility, 

Idaho Power, requires that harmonic 

distortion be minimized in accordance 

with the power quality standard, IEEE 

STD 519–1992. Although the design 

specifications were drafted to meet the 

Idaho Power requirements, it became 

known much later after the contract 

signing that domestic manufactured 

VFDs required additional space for 

installation of harmonic filters as 

compared to non-domestic 

manufactured VFDs. A domestic 

manufactured VFD requires the 

installation of a filter to minimize the 

harmonic distortion transferred to the 

utility from the drive; a non-domestic 

manufactured VFD is able to accomplish 

a harmonic minimalization without the 

addition of a separate filtering device; 

therefore, fitting in a smaller footprint. 

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 

‘‘satisfactory quality’’ as the quality of 

iron, steel or the relevant manufactured 

good as specified in the project plans 

and design. The City has provided 

information to the EPA representing that 

there are currently no domestic 

manufacturers of the ULH VFDs that 

meet the project specification 

requirements. Based on additional 

research by EPA’s consulting contractor 

(Cadmus) and to the best of the Region’s 

knowledge at this time, there does not 

appear to be any other manufacturers 

capable of meeting the City’s 

specifications. 

Furthermore, the purpose of the 

ARRA provisions was to stimulate 

economic recovery by funding current 

infrastructure construction, not to delay 

projects that are already shovel ready by 

requiring entities, like the City, to revise 

their design and potentially choose a 

more costly and less effective project. 

The imposition of ARRA Buy American 

requirements on such projects eligible 

for DWSRF 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 the most 

fundamental economic purposes of 

ARRA; to create or retain jobs. 

The Drinking Water Unit has 

reviewed this waiver request and has 

determined that the supporting 

documentation provided by the City is 

sufficient to meet the following criteria 

listed under Section 1605(b) and in the 

April 28, 2009, Implementation of Buy 

American provisions of Public Law 

111–5, the ‘‘American Recovery and 

Reinvestment Act of 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 basis for this project waiver is the 

authorization provided in 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 design 

specifications.The 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 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 for 

the purchase three ABB ultra low 

harmonics (ULH) ACS800 Series 

variable frequency drives (VFDs): 75–HP 

VFD, 100–HP VFD, and 150–HP VFD 

manufactured in Helsinki, Finland by 

ABB in the City’s request of July 21, 

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. 


emcdonald on DSK2BSOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 208 / Thursday, October 28, 2010 / Notices 66377 

Dated: October 13, 2010. 

Dennis J. Mclerran, 

Regional Administrator, EPA, Region 10. 

[FR Doc. 2010–27277 Filed 10–27–10; 8:45 am] 

BILLING CODE 6560–50–P 

EXPORT-IMPORT BANK OF THE U.S. 

[Public Notice 2010–0048] 

Agency Information Collection 

Activities: Final Collection; Comment 

Request 

AGENCY: Export-Import Bank of the U.S. 

ACTION: Submission for OMB Review 

and Comments Request. 

Form Title: Application for ShortTerm Multi-Buyer Export Credit 

Insurance Policy. 

SUMMARY: The Export-Import Bank of 

the United States (Ex-Im Bank), as a part 

of its continuing effort to reduce 

paperwork and respondent burden, 

invites the general public and other 

Federal Agencies to comment on the 

proposed information collection, as 

required by the Paperwork Reduction 

Act of 1995. 

The Application for Short-Term 

Multi-Buyer Export Credit Insurance 

Policy will be used to determine the 

eligibility of the applicant and the 

transaction for Export-Import Bank 

assistance under its insurance program. 

Export-Import Bank customers will be 

able to submit this form on paper or 

electronically. 

The Export-Import Bank has made 

changes to incorporate new information 

in the Certification and Notice sections 

of this form to clarify and expand to 

encompass broader anti-corruption 

certifications. In the Certification and 

Notice sections we rewrote some of the 

language for clarification, we corrected 

references to the debarment list, and we 

added references to the OFAC and the 

EPLS system. In addition, we clarified 

two questions about the amount of U.S. 

employment to be supported by this 

transaction and added a question to 

implement greater flexibility in our U.S. 

content requirements. 

DATES: Comments should be received on 

or before November 29, 2010 to be 

assured of consideration. 

ADDRESSES: Comments may be 

submitted electronically on http:// 

www.regulations.gov or by mail to 

Office of Information and Regulatory 

Affairs, 725 17th Street, NW., 

Washington, DC 20038 Attn: OMB 

3048–0023. 

SUPPLEMENTARY INFORMATION: 

Titles and Form Number: EIB 92–50 

Application for Short-Term Multi-Buyer 

Export Credit Insurance Policy. 

OMB Number: 3048–0023. 

Type of Review: Regular. 

Need and Use: The Application for 

Short-Term Multi-Buyer Export Credit 

Insurance Policy will be used to 

determine the eligibility of the applicant 

and the transaction for Export-Import 

Bank assistance under its insurance 

program. 

Sharon A. Whitt, 

Agency Clearance Officer. 

[FR Doc. 2010–27252 Filed 10–27–10; 8:45 am] 

BILLING CODE 6690–01–P 

EXPORT-IMPORT BANK OF THE U.S. 

[Public Notice 2010–0046] 

Agency Information Collection 

Activities: Final Collection; Comment 

Request 

AGENCY: Export-Import Bank of the U.S. 

ACTION: Submission for OMB Review 

and Comments Request. 

Form Title: Application for Short 

Term Letter of Credit Export Credit 

Insurance Policy. 

SUMMARY: The Export-Import Bank of 

the United States (Ex-Im Bank), as a part 

of its continuing effort to reduce 

paperwork and respondent burden, 

invites the general public and other 

Federal Agencies to comment on the 

proposed information collection, as 

required by the Paperwork Reduction 

Act of 1995. 

The Application for Short Term Letter 

of Credit Export Credit Insurance Policy 

will be used to determine the eligibility 

of the applicant and the transaction for 

Export Import Bank assistance under its 

insurance program. Export Import Bank 

customers will be able to submit this 

form on paper or electronically. 

The Export Import Bank has made 

changes to incorporate new information 

in the Certification and Notice sections 

of this form to clarify and expand to 

encompass broader anti-corruption 

certifications. In the Certification and 

Notice sections we rewrote some of the 

language for clarification, we corrected 

references to the debarment list, and we 

added references to the OFAC and the 

EPLS system. 

DATES: Comments should be received on 

or before November 29, 2010 to be 

assured of consideration. 

ADDRESSES: Comments maybe submitted 

electronically on http:// 

www.regulations.gov or by mail to 

Office of Information and Regulatory 

Affairs, 725 17th Street, NW., 

Washington, DC 20038 attn: OMB 3048– 

0009. 

SUPPLEMENTARY INFORMATION: 

Titles and Form Number: EIB 92–34 

Application for Short Term Letter of 

Credit Export Credit Insurance Policy. 

OMB Number: 3048–0009. 

Type of Review: Regular. 

Need and Use: The Application for 

Short Term Letter of Credit Export 

Credit Insurance Policy will be used to 

determine the eligibility of the applicant 

and the transaction for Export Import 

Bank assistance under its insurance 

program. 

Sharon A. Whitt, 

Agency Clearance Officer. 

[FR Doc. 2010–27254 Filed 10–27–10; 8:45 am] 

BILLING CODE 6690–01–P 

EXPORT-IMPORT BANK OF THE U.S. 

[Public Notice 2010–0047] 

Agency Information Collection 

Activities: Final Collection; Comment 

Request 

AGENCY: Export-Import Bank of the U.S. 

ACTION: Submission for OMB Review 

and Comments Request. 

Form Title: Application for Issuing 

Bank Credit Limit (IBCL) under Letter of 

Credit Insurance Policy. 

SUMMARY: The Export-Import Bank of 

the United States (Ex-Im Bank), as a part 

of its continuing effort to reduce 

paperwork and respondent burden, 

invites the general public and other 

Federal Agencies to comment on the 

proposed information collection, as 

required by the Paperwork Reduction 

Act of 1995. 

The Application for Issuing Bank 

Credit Limit (IBCL) under Letter of 

Credit Insurance Policy will be used to 

determine the eligibility of the issuing 

bank and the transaction for Export 

Import Bank assistance under its 

insurance program. Export Import Bank 

customers will be able to submit this 

form on paper or electronically. 

The Export Import Bank has made 

changes to incorporate new information 

in the Certification and Notice sections 

of this form to clarify and expand to 

encompass broader anti-corruption 

certifications. In the Certification and 

Notice sections we rewrote some of the 

language for clarification, we corrected 

references to the debarment list, and we 

added references to the OFAC and the 

EPLS system. In addition, we clarified 

two questions about the amount of U.S. 

employment to be supported by this 

transaction. 


emcdonald on DSK2BSOYB1PROD with NOTICES