Nationwide Categorical Waivers Under Section 1605 (Buy American) of the American Recovery and Reinvestment Act of 2009 (Recovery Act), 72822 [2010-29781]
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Federal Register / Vol. 75, No. 227 / Friday, November 26, 2010 / Notices
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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
]]>Agencies
[Federal Register Volume 75, Number 227 (Friday, November 26, 2010)]
[Notices]
[Page 72822]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-29781]
-----------------------------------------------------------------------
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.
ACTION: Notice of Limited Waivers.
-----------------------------------------------------------------------
SUMMARY: 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.
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 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
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
