[Federal Register Volume 75, Number 45 (Tuesday, March 9, 2010)]
[Notices]
[Pages 10866-10867]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-4775]


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UTAH RECLAMATION MITIGATION AND CONSERVATION COMMISSION


Notice of a Project Waiver of Section 1605 (Buy American 
Requirement) of the American Recovery and Reinvestment Act of 2009 to 
the Utah Division of Wildlife Resources (Division)

AGENCY: Utah Reclamation Mitigation and Conservation Commission.

ACTION: Buy American Exception under the American Recovery and 
Reinvestment Act of 2009.

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SUMMARY: The Utah Reclamation Mitigation and Conservation Commission 
(Commission) hereby provides notice that on February 17, 2010, the 
Commission's Executive Director granted a limited waiver 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 
certain water quality treatment and monitoring equipment that will be 
used in a project funded under the Recovery Act (Pub. L. 111-5) and 
implemented through the Central Utah Project Completion Act Program 
(CUPCA).

DATES: The Recovery Act Buy American waiver was signed February 17, 
2010.

ADDRESSES: Utah Reclamation Mitigation and Conservation Commission, 230 
South 500 East, Suite 230, Salt Lake City, Utah 84102-2045. Internet 
address: http://www.mitigationcommission.gov.

FOR FURTHER INFORMATION CONTACT: Maureen Wilson, Project Coordinator, 
Utah Reclamation Mitigation and Conservation Commission, 801-524-3166.

SUPPLEMENTARY INFORMATION: In accordance with section 1605(c) of the 
Recovery Act and with section 176.80 of Title 2 of the Code of Federal 
Regulations, the Commission hereby provides notice that on February 17, 
2010, the Executive Director granted a limited waiver of section 1605 
of the Recovery Act (Buy American provision) with respect to certain 
water quality treatment and monitoring equipment components that will 
be used in a project funded under the Recovery Act. The basis for this 
waiver is a non-availability determination pursuant to section 
1605(b)(2) of the Recovery Act.

I. Background

    Agreement No. 09FCUT-RA04 June Sucker Facility Improvements--
Fisheries Experiment Station between the Commission and the State of 
Utah, Division of Wildlife Resources (Division) was entered into 
pursuant to the Recovery Act, for the purpose of funding hatchery 
improvements for culture of June sucker, an endangered species. The 
hatchery improvements include expansion of a recirculation system that 
allows optimal water temperatures for culture of June sucker. The 
recirculation system requires water treatment and water quality 
monitoring.
    In 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.''
    Subsections 1605(b) and (c) of the Recovery Act authorize the head 
of a Federal department or agency to waive the Buy American provision 
by finding 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 a Federal department or agency waives the Buy 
American provision, then the head is required to publish a

[[Page 10867]]

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. Nonavailability Finding

    The Commission's Executive Director determined--as applied to 
certain water quality treatment and monitoring equipment components to 
be used in a hatchery rearing June sucker, an endangered species--
application of the Buy American provision is not possible because the 
components, specifically rotating drum filter upgrades and a water 
quality monitoring system expansion, are not available from American 
manufacturers in sufficient and reasonably available commercial 
quantities of a satisfactory quality.
    Expansion of the recirculation system requires adding a second drum 
filter for aquaculture water treatment. The existing system uses a drum 
filter manufactured by PRAqua Supplies Ltd.--Nanaimo, British Columbia, 
Canada. The Division owns an RFM 4872 drum filter also manufactured by 
PRAqua Supplies Ltd that will be used for the system expansion. This 
drum filter requires modification with new drum filter seals, screen 
panels and a new control panel to be suitable for use in the 
aquaculture system. This will allow the expanded system to match the 
existing equipment and drum filter.
    The existing recirculation facility is equipped with a variety of 
automated sensors that allow system operators to monitor water quality, 
flow and temperature in the fish hatchery. The existing equipment was 
provided and installed by Point Four Systems Inc. of Coquitlam, BC, 
Canada.
    Recirculation system expansion will also require new components to 
expand aquaculture water quality monitoring. New components will 
include additional oxygen sensors, flow meters and related control 
panel wiring to connect to the existing system. Use of components 
sharing the same manufacturer will allow efficient operation of 
equipment that is in place. New monitoring system components that will 
function with existing components are not available from American 
manufacturers in sufficient and reasonably available commercial 
quantities of a satisfactory quality.

III. Waiver

    On February 17, 2010 based on the non-availability finding 
discussed above and pursuant to ARRA section 1605(c), the Commission's 
Executive Director granted a limited waiver of the Recovery Act's Buy 
American requirements with respect to Agreement No. 09FCUT-RA04 between 
the Commission and Division for the aforementioned components of a 
hatchery recirculation system.

    Dated: February 25, 2010.
Michael C. Weland,
Executive Director.
[FR Doc. 2010-4775 Filed 3-8-10; 8:45 am]
BILLING CODE 4310-05-P