Nationwide Categorical Waivers Under Section 1605 (Buy American) of the American Recovery and Reinvestment Act of 2009 (Recovery Act), 72822-72823 [2010-29775]
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Federal Register / Vol. 75, No. 227 / Friday, November 26, 2010 / Notices
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FERCOnlineSupport@ferc.gov, or call
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Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2010–29706 Filed 11–24–10; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF ENERGY
Office of Energy Efficiency and
Renewable Energy
Nationwide Categorical Waivers Under
Section 1605 (Buy American) of the
American Recovery and Reinvestment
Act of 2009 (Recovery Act)
Office of Energy Efficiency and
Renewable Energy, U.S. Department of
Energy.
ACTION: Notice of Limited Waivers.
AGENCY:
The U.S. Department of
Energy (DOE) is hereby issuing an
Amended Determination of
Inapplicability (waiver) of section 1605
of the American Reinvestment and
Recovery Act of 2009 (Recovery Act Buy
American provisions) to EERE-funded
projects for LED traffic lights, arrows
and crosswalk signals, as well as the
adjacent wires and electronic parts
necessary for the functionality of the
lights themselves.
This amendment withdraws the
waiver issued on February 11, 2010 for
LED traffic lights, arrows and crosswalk
signals, as well as the adjacent wires
and electronic parts necessary for the
functionality of the lights themselves.
DATES: Effective Date: November 5,
2010.
SUMMARY:
srobinson on DSKHWCL6B1PROD with NOTICES
FOR FURTHER INFORMATION CONTACT:
Benjamin Goldstein, Energy Technology
Program Specialist, Office of Energy
Efficiency and Renewable Energy
(EERE), (202) 287–1553, Department of
Energy, 1000 Independence Avenue,
SW., Mailstop EE–2K, Washington, DC
20585.
SUPPLEMENTARY INFORMATION: Under the
authority of Recovery Act, Public Law
111–5, section 1605(b)(2), the head of a
Federal department or agency may issue
a ‘‘determination of inapplicability’’ (a
waiver of the Buy American provision)
if the iron, steel, or relevant
manufactured good is not produced or
manufactured in the United States in
sufficient and reasonably available
quantities and of a satisfactory quality
(‘‘nonavailability’’). On September 17,
2010, the authority of the Secretary of
Energy to make all inapplicability
determinations was delegated to the
VerDate Mar<15>2010
16:32 Nov 24, 2010
Jkt 223001
Assistant Secretary for Energy Efficiency
and Renewable Energy (EERE), for EERE
projects under the Recovery Act.
The Assistant Secretary reserves the
right to revisit and amend these
determinations, based upon a number of
factors, including a change in the
manufacturing landscape, such as the
entry into the market of new domestic
manufacturers.
It has come to the attention of EERE
that at least one manufacturer of LED
traffic signals (including stop-lights,
crosswalk lights and arrows) has
recently relocated some of its
manufacturing from Mexico back to the
United States. These products are now
manufactured in the United States of
satisfactory quality and in reasonably
available quantities to satisfy the project
needs of EERE Recovery Act grant
recipients.
As a result, the Assistant Secretary
has amended the February 11, 2010
nonavailability waiver to withdraw LED
traffic lights, arrows and cross walk
signals and the adjacent wires and
electronic parts necessary for the
functionality of the lights themselves.
These products are once again subject to
the Buy American provisions. The
waiver for LED traffic lights, arrows and
cross walk signals (as well as the
adjacent wires and electronic parts
necessary for the functionality of the
lights themselves), will be withdrawn
effective December 1, 2010.
The remaining items covered by the
February 11, 2010 Waiver (Plug-in CFLs
of 10 inches or less and electronic
ballasts for fluorescent lamps) continue
to be covered by the February 11, 2010
waiver.
In order for the February 11, 2010
waiver to continue to apply to LED
traffic lights, arrows and crosswalk
signals, as well as the adjacent wires
and electronic parts necessary for the
functionality of the lights themselves
substantial steps to commit funds for
the purchase of the LED traffic lights,
arrows and cross walk signals or the
adjacent wires and electronic parts
necessary for the functionality of the
lights themselves must have been made
before December 1, 2010.
Substantial steps to commit funds
would include, but are not limited to,
(1) issuing a Request for Proposals (RFP)
on or before December 1, 2010
(applicable only where the grantee
accepts a proposal received under that
RFP); (2) in the case of a sole source
selection: Placing an order for the goods
on or before December 1, 2010; (3)
commencing a bidding process on or
before December 1, 2010; (4) in
circumstances where the grantee
solicited quotes without an RFP: the
PO 00000
Frm 00043
Fmt 4703
Sfmt 4703
grantee purchases the goods based on a
quote dated on or before December 1,
2010 and the order for the goods is
placed on or before December 1, 2010;
or (5) grantee has executed a contract or
purchase agreement with a supplier to
acquire affected goods on or before
December 1, 2010.
Having established a proper
justification for the withdrawal of a
‘‘nonavailability waiver’’ based on
domestic nonavailability, EERE hereby
provides notice that on November 5,
2010 an amended nationwide
categorical waiver of Section 1605 of the
Recovery Act was issued as detailed
supra. This amended nationwide
categorical waiver withdraws the waiver
issued on February 11, 2010 for LED
traffic lights, arrows and crosswalk
signals, as well as the adjacent wires
and electronic parts necessary for the
functionality of the lights themselves.
This notice constitutes the detailed
written justification required by Section
1605(c).
This waiver determination is pursuant
to the delegation of authority by the
Secretary of Energy to the Assistant
Secretary for Energy Efficiency and
Renewable Energy with respect to
expenditures within the purview of her
responsibility. Consequently, this
waiver applies to EERE projects carried
out under the Recovery Act.
Authority: Pub. L. 111–5, section 1605.
Issued in Washington, DC on November 5,
2010.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and
Renewable Energy, U.S. Department of
Energy.
[FR Doc. 2010–29781 Filed 11–24–10; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
Office of Energy Efficiency and
Renewable Energy
Nationwide Categorical Waivers Under
Section 1605 (Buy American) of the
American Recovery and Reinvestment
Act of 2009 (Recovery Act)
Office of Energy Efficiency and
Renewable Energy, U.S. Department of
Energy (DOE).
ACTION: Notice of limited waivers.
AGENCY:
The U.S. Department of
Energy (DOE) is hereby granting a
nationwide limited waiver of the Buy
American requirements of section 1605
of the Recovery Act under the authority
of Section 1605(b)(2) (iron, steel, and
the relevant manufactured goods are not
produced in the United States in
SUMMARY:
E:\FR\FM\26NON1.SGM
26NON1
srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 75, No. 227 / Friday, November 26, 2010 / Notices
sufficient and reasonably available
quantities and of a satisfactory quality)
with respect to (1) surface mounting
time switches with 24-hour program
dials and single-pole-double-throw
switches; (2) HVAC units with 8.375′ W
× 9.5′ H × 2.72′ D—Only when the
application requires an HVAC unit with
a height of 10′ or less due to
documented space constraints; (3) low
temperature thermostats with a
temperature range of 15–55 degrees
Fahrenheit and manual reset; (4)
Programmable DDC controllers for LON
protocol, where an existing LON system
exists that will not interface with other
protocols without the input of extensive
time and expense equal to or greater
than the cost of the controllers
themselves; and (5) Hardware necessary
for implementation of Honeywell
Enterprise Buildings Integrator (EBI)
software for integration of water
management and HVAC systems
including: Customized Dell PowerEdge
T610 Computer Server; Honeywell
XL50UMMIPC-CBLON; Echelon LPR–10
#42100R; Sloan—MCR231–D; Sloan—
MCR140A, that will be used on eligible
EERE-Recovery Act funded projects.
DATES: Effective Date: November 5,
2010.
FOR FURTHER INFORMATION CONTACT:
Benjamin Goldstein, Energy Technology
Program Specialist, Office of Energy
Efficiency and Renewable Energy
(EERE), (202) 287–1553, Department of
Energy, 1000 Independence Avenue,
SW., Mailstop EE–2K, Washington, DC
20585.
SUPPLEMENTARY INFORMATION: Under the
authority of the Recovery Act, Public
Law 111–5, section 1605(b)(2), the head
of a Federal department or agency may
issue a ‘‘determination of
inapplicability’’ (a waiver of the Buy
American provision) if the iron, steel, or
relevant manufactured good is not
produced or manufactured in the United
States in sufficient and reasonably
available quantities and of a satisfactory
quality (‘‘nonavailability’’). On
September 17, 2010, the authority of the
Secretary of Energy to make all
inapplicability determinations was
delegated to the Assistant Secretary for
Energy Efficiency and Renewable
Energy (EERE), for EERE projects under
the Recovery Act. Pursuant to this
delegation the Assistant Secretary,
EERE, has concluded that (1) surface
mounting time switches with 24-hour
program dials and single-pole-doublethrow switches; (2) HVAC units with
8.375′ W × 9.5′ H × 2.72′ D—Only when
the application requires an HVAC unit
with a height of 10′ or less due to
documented space constraints; and (3)
VerDate Mar<15>2010
16:32 Nov 24, 2010
Jkt 223001
low temperature thermostats with a
temperature range of 15–55 degrees
Fahrenheit and manual reset; (4)
Programmable DDC controllers for LON
protocol, where an existing LON system
exists that will not interface with other
protocols without the input of extensive
time and expense equal to or greater
than the cost of the controllers
themselves; and (5) Hardware necessary
for implementation of Honeywell
Enterprise Buildings Integrator (EBI)
software for integration of water
management and HVAC systems
including: Customized Dell PowerEdge
T610 Computer Server; Honeywell
XL50UMMIPC–CBLON; Echelon LPR–
10 #42100R; Sloan—MCR231–D;
Sloan—MCR140A, that will be used on
eligible EERE-Recovery Act funded
projects qualify for the ‘‘nonavailability’’
waiver determination.
EERE has developed a robust process
to ascertain in a systematic and
expedient manner whether or not there
is domestic manufacturing capacity for
the items submitted for a waiver of the
Recovery Act Buy American provision.
This process involves a close
collaboration with the United States
Department of Commerce National
Institute of Standards and Technology
(NIST) Manufacturing Extension
Partnership (MEP), in order to scour the
domestic manufacturing landscape in
search of producers before making any
nonavailability determination.
The NIST MEP has 59 regional centers
with substantial knowledge of, and
connections to, the domestic
manufacturing sector. MEP uses their
regional centers to ‘‘scout’’ for current or
potential manufacturers of the
product(s) submitted in a waiver
request. In the course of this interagency
collaboration, MEP has been able to find
exact or partial matches for
manufactured goods that EERE grantees
had been unable to locate. As a result,
in those cases, EERE was able to work
with the grantees to procure Americanmade products rather than granting a
waiver.
Upon receipt of completed waiver
requests for the five products in the
current waiver, EERE reviewed the
information provided and submitted the
relevant technical information to the
NIST MEP. The MEP then used their
network of nationwide centers to scout
for domestic manufacturers. The NIST
MEP reported that their scouting
process did not locate any domestic
manufacturers for these exact or
equivalent items.
In addition to the MEP collaboration
outlined above, the EERE Buy American
Coordinator worked with labor unions,
trade associations and other
PO 00000
Frm 00044
Fmt 4703
Sfmt 4703
72823
manufacturing stakeholders to scout for
domestic manufacturing capacity or an
equivalent product for each item
contained in this waiver. EERE also
conducted significant amounts of
independent research to supplement
MEP’s scouting efforts, including
utilizing the solar experts employed by
the Department of Energy’s National
Renewable Energy Laboratory. EERE’s
research efforts confirmed the MEP
findings that the goods included in this
waiver are not produced in the United
States in sufficient and reasonably
available quantities and of a satisfactory
quality.
The nonavailability determination is
also informed by the inquiries and
petitions to EERE from recipients of
EERE Recovery Act funds, and from
suppliers, distributors, retailers and
trade associations—all stating that their
individual efforts to locate domestic
manufacturers have been unsuccessful.
Having established a proper
justification based on domestic
nonavailability, EERE hereby provides
notice that on November 10, 2010, five
nationwide categorical waivers of
section 1605 of the Recovery Act were
issued as detailed supra. This notice
constitutes the detailed written
justification required by Section 1605(c)
for waivers based on a finding under
subsection (b).
This waiver determination is pursuant
to the delegation of authority by the
Secretary of Energy to the Assistant
Secretary for Energy Efficiency and
Renewable Energy with respect to
expenditures within the purview of her
responsibility. Consequently, this
waiver applies to EERE projects carried
out under the Recovery Act.
Authority: Pub. L. 111–5, section 1605.
Issued in Washington, DC on November 5,
2010.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and
Renewable Energy, U.S. Department of
Energy.
[FR Doc. 2010–29775 Filed 11–24–10; 8:45 am]
BILLING CODE 6450–01–P
ENVIRONMENTAL PROTECTION
AGENCY
[ER–FRL–8993–8]
Environmental Impact Statements;
Notice of Availability
Responsible Agency: Office of Federal
Activities, General Information (202)
564–1399 or https://www.epa.gov/
compliance/nepa/.
Weekly receipt of Environmental Impact
Statements
E:\FR\FM\26NON1.SGM
26NON1
]]>Agencies
[Federal Register Volume 75, Number 227 (Friday, November 26, 2010)]
[Notices]
[Pages 72822-72823]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-29775]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
Nationwide Categorical Waivers Under Section 1605 (Buy American)
of the American Recovery and Reinvestment Act of 2009 (Recovery Act)
AGENCY: Office of Energy Efficiency and Renewable Energy, U.S.
Department of Energy (DOE).
ACTION: Notice of limited waivers.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Energy (DOE) is hereby granting a
nationwide limited waiver of the Buy American requirements of section
1605 of the Recovery Act under the authority of Section 1605(b)(2)
(iron, steel, and the relevant manufactured goods are not produced in
the United States in
[[Page 72823]]
sufficient and reasonably available quantities and of a satisfactory
quality) with respect to (1) surface mounting time switches with 24-
hour program dials and single-pole-double-throw switches; (2) HVAC
units with 8.375' W x 9.5' H x 2.72' D--Only when the application
requires an HVAC unit with a height of 10' or less due to documented
space constraints; (3) low temperature thermostats with a temperature
range of 15-55 degrees Fahrenheit and manual reset; (4) Programmable
DDC controllers for LON protocol, where an existing LON system exists
that will not interface with other protocols without the input of
extensive time and expense equal to or greater than the cost of the
controllers themselves; and (5) Hardware necessary for implementation
of Honeywell Enterprise Buildings Integrator (EBI) software for
integration of water management and HVAC systems including: Customized
Dell PowerEdge T610 Computer Server; Honeywell XL50UMMIPC-CBLON;
Echelon LPR-10 42100R; Sloan--MCR231-D; Sloan--MCR140A, that
will be used on eligible EERE-Recovery Act funded projects.
DATES: Effective Date: November 5, 2010.
FOR FURTHER INFORMATION CONTACT: Benjamin Goldstein, Energy Technology
Program Specialist, Office of Energy Efficiency and Renewable Energy
(EERE), (202) 287-1553, Department of Energy, 1000 Independence Avenue,
SW., Mailstop EE-2K, Washington, DC 20585.
SUPPLEMENTARY INFORMATION: Under the authority of the Recovery Act,
Public Law 111-5, section 1605(b)(2), the head of a Federal department
or agency may issue a ``determination of inapplicability'' (a waiver of
the Buy American provision) if the iron, steel, or relevant
manufactured good is not produced or manufactured in the United States
in sufficient and reasonably available quantities and of a satisfactory
quality (``nonavailability''). On September 17, 2010, the authority of
the Secretary of Energy to make all inapplicability determinations was
delegated to the Assistant Secretary for Energy Efficiency and
Renewable Energy (EERE), for EERE projects under the Recovery Act.
Pursuant to this delegation the Assistant Secretary, EERE, has
concluded that (1) surface mounting time switches with 24-hour program
dials and single-pole-double-throw switches; (2) HVAC units with 8.375'
W x 9.5' H x 2.72' D--Only when the application requires an HVAC unit
with a height of 10' or less due to documented space constraints; and
(3) low temperature thermostats with a temperature range of 15-55
degrees Fahrenheit and manual reset; (4) Programmable DDC controllers
for LON protocol, where an existing LON system exists that will not
interface with other protocols without the input of extensive time and
expense equal to or greater than the cost of the controllers
themselves; and (5) Hardware necessary for implementation of Honeywell
Enterprise Buildings Integrator (EBI) software for integration of water
management and HVAC systems including: Customized Dell PowerEdge T610
Computer Server; Honeywell XL50UMMIPC-CBLON; Echelon LPR-10
42100R; Sloan--MCR231-D; Sloan--MCR140A, that will be used on
eligible EERE-Recovery Act funded projects qualify for the
``nonavailability'' waiver determination.
EERE has developed a robust process to ascertain in a systematic
and expedient manner whether or not there is domestic manufacturing
capacity for the items submitted for a waiver of the Recovery Act Buy
American provision. This process involves a close collaboration with
the United States Department of Commerce National Institute of
Standards and Technology (NIST) Manufacturing Extension Partnership
(MEP), in order to scour the domestic manufacturing landscape in search
of producers before making any nonavailability determination.
The NIST MEP has 59 regional centers with substantial knowledge of,
and connections to, the domestic manufacturing sector. MEP uses their
regional centers to ``scout'' for current or potential manufacturers of
the product(s) submitted in a waiver request. In the course of this
interagency collaboration, MEP has been able to find exact or partial
matches for manufactured goods that EERE grantees had been unable to
locate. As a result, in those cases, EERE was able to work with the
grantees to procure American-made products rather than granting a
waiver.
Upon receipt of completed waiver requests for the five products in
the current waiver, EERE reviewed the information provided and
submitted the relevant technical information to the NIST MEP. The MEP
then used their network of nationwide centers to scout for domestic
manufacturers. The NIST MEP reported that their scouting process did
not locate any domestic manufacturers for these exact or equivalent
items.
In addition to the MEP collaboration outlined above, the EERE Buy
American Coordinator worked with labor unions, trade associations and
other manufacturing stakeholders to scout for domestic manufacturing
capacity or an equivalent product for each item contained in this
waiver. EERE also conducted significant amounts of independent research
to supplement MEP's scouting efforts, including utilizing the solar
experts employed by the Department of Energy's National Renewable
Energy Laboratory. EERE's research efforts confirmed the MEP findings
that the goods included in this waiver are not produced in the United
States in sufficient and reasonably available quantities and of a
satisfactory quality.
The nonavailability determination is also informed by the inquiries
and petitions to EERE from recipients of EERE Recovery Act funds, and
from suppliers, distributors, retailers and trade associations--all
stating that their individual efforts to locate domestic manufacturers
have been unsuccessful.
Having established a proper justification based on domestic
nonavailability, EERE hereby provides notice that on November 10, 2010,
five nationwide categorical waivers of section 1605 of the Recovery Act
were issued as detailed supra. This notice constitutes the detailed
written justification required by Section 1605(c) for waivers based on
a finding under subsection (b).
This waiver determination is pursuant to the delegation of
authority by the Secretary of Energy to the Assistant Secretary for
Energy Efficiency and Renewable Energy with respect to expenditures
within the purview of her responsibility. Consequently, this waiver
applies to EERE projects carried out under the Recovery Act.
Authority: Pub. L. 111-5, section 1605.
Issued in Washington, DC on November 5, 2010.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy, U.S.
Department of Energy.
[FR Doc. 2010-29775 Filed 11-24-10; 8:45 am]
BILLING CODE 6450-01-P
