Notice of a Regional Waiver of Section 1605 (Buy American requirement) of the American Recovery and Reinvestment Act of 2009 (ARRA) to the Nikishka Bay Utilities (the Utility), of Nikiski, AK

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The Regional Administrator of EPA Region 10 is hereby granting a waiver from 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 Utility for the purchase of a magnetic flow meter, manufactured in Mexico. 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 magnetic flow meter installation on the main distribution line out of the water treatment plant. The Utility had an existing turbine meter which was currently in use; however, the existing turbine meter failed prior to completion of the project necessitating the Utility to acquire a new meter as a replacement. The Regional Administrator is making this determination based on the review and recommendations of the Drinking Water Unit. The Utility has provided sufficient documentation to