Nationwide Categorical Waivers Under Section 1605 (Buy American) of the American Recovery and Reinvestment Act of 2009 (Recovery Act), 30145-30146 [2011-12717]

Download as PDF Federal Register / Vol. 76, No. 100 / Tuesday, May 24, 2011 / Notices supporting jobs in the domestic manufacturing and construction industries. It is therefore in the public interest to issue a waiver of the Recovery Act Buy American provisions that allows this project to utilize Recovery Act award funds. Under the authority of the Recovery Act, section 1605(b)(1), the head of a Federal department or agency may issue a ‘‘determination of inapplicability’’ (a waiver of the Buy American provisions) if the application of section 1605 would be inconsistent with the public interest. On September 17, 2010, the Secretary of Energy re-delegated the authority to make all inapplicability determinations to the Assistant Secretary for Energy Efficiency and Renewable Energy, for EERE Recovery Act projects. In light of the foregoing, and under the authority of section 1605(b)(1) of Public Law 111–5 and the Re-delegation Order dated September 17, 2010, with respect to Recovery Act projects funded by EERE, on April 29, 2011 the Acting Assistant Secretary issued a ‘‘determination of inapplicability’’ (a waiver under the Recovery Act Buy American provisions) for the purchase of a GE Jenbacher JMC 320 gas reciprocating engine to be used in the Golden Triangle Regional Solid Waste Management Authority (GTR) landfill gas to energy project, sub award AR060– GT11–0111–0001 from the Mississippi State Energy Office, EECBG Award Recipient EE0000763. Authority: Public Law 111–5, section 1605. Issued in Washington, DC, on April 29, 2011. Henry Kelly, Acting Assistant Secretary for Energy Efficiency and Renewable Energy, U.S. Department of Energy. [FR Doc. 2011–12721 Filed 5–23–11; 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. jlentini on DSK4TPTVN1PROD with NOTICES AGENCY: The U.S. Department of Energy (DOE) is hereby granting a nationwide limited waiver of the Buy American requirements of section 1605 SUMMARY: VerDate Mar<15>2010 16:47 May 23, 2011 Jkt 223001 of the Recovery Act under the authority of Section 1605(b)(2), (iron, steel, or the relevant manufactured goods are not produced in the United States at a reasonable cost), with respect to 300 Spanish Red Clay Tiles to be used on the Eagle Pass Library roof, a subgrantee of the Texas State Energy Office, recipient of EECBG grant EE0000893. DATES: Effective April 15, 2011. 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), and its implementing requirements at 2 CFR 176.80(a)(2), the head of a Federal department or agency may issue a ‘‘determination of inapplicability’’ (a waiver of the Buy American provision) if the cost of domestic iron, steel, or relevant manufactured goods will increase the cost of the overall project by more than 25 percent. On September 17, 2010, the Secretary of Energy delegated the authority to make all inapplicability determinations 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 Spanish Red Clay Tiles needed for the Eagle Pass Library Roofing project that are domestically manufactured will increase the cost of the overall project by more than 25 percent, and thus the 6300 Spanish Red Clay Tiles to be used in this project qualify for the ‘‘unreasonable cost’’ 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 or unreasonable cost determinations. 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 PO 00000 Frm 00058 Fmt 4703 Sfmt 4703 30145 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 product 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. 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 the Spanish Red Clay Tiles contained in this waiver. EERE also conducted significant amounts of independent research to supplement MEP’s scouting efforts. As a result of EERE’s efforts and MEP’s scouting process, quotes were obtained from four (4) domestic manufacturers to produce this item. Those quotes are reflected in the prices cited infra, and support the finding that this item, if purchased domestically, will increase the total project cost by more than 25%. This ‘‘unreasonable cost’’ waiver is for Spanish Red Clay Tiles to replace a 100-year-old Spanish Tile roof on the Eagle Pass Library in Eagle Pass Texas (at one time the Eagle Pass Post-Office). The original tile was produced in the city of Piedras Negras, Mexico. The tile is made of clay, and is still made today in the same manner as it was when the library was built 100 years ago. The tile roof being installed on the Eagle Pass Library building will last 75 years, and be lighter in color than the current roof because of the deterioration and discoloration that has occurred to the existing roof tiles over time. Additionally, it will be installed in a manner to allow air to flow from eave to pinnacle, reflecting heat back into the atmosphere, rather than down into the building itself. Since the tiles are installed individually, rather than in sheets or in overlapping style, the natural airspace around the tiles creates natural ventilation that provides a thermal barrier for heat transfer to the roof deck. This can assist in the movement of the peak load demands by several hours. Eagle Pass Library is designated as a Recorded Texas Historic Landmark E:\FR\FM\24MYN1.SGM 24MYN1 jlentini on DSK4TPTVN1PROD with NOTICES 30146 Federal Register / Vol. 76, No. 100 / Tuesday, May 24, 2011 / Notices (RHTL) (under the name Eagle Pass Post Office). RTHLs are at least 50 years old and judged worthy of preservation for both architectural and historical significance. Buildings with this designation display an official Texas historical marker. It is regulated that RTHLs retain their basic historical integrity and property owners are required to notify the Texas Historic Commission (THC) at least 60 days before beginning a project that will affect the exterior of a RTHL. Notification includes a cover letter describing the scope of work, current overall photographs and close-up photographs of the areas requiring repair; drawings, specifications, and a proposal from a contractor may also be required. Staff responds within 30 days, either allowing work to proceed if it complies with the Standards for Rehabilitation or recommending other alternatives to consider. Compliance with the Texas Secretary of the Interior’s Standards for Rehabilitation (Texas Government Code, Chapter 442, Section 442.006(f)), requires that deteriorated or damaged historic building components be replaced in-kind, that is with matching materials. In the case of the Eagle Pass Post Office/Library, the clay tile roof is a character-defining feature and replacement with matching clay tile is the only material that complies with the Standards. As a result of these Standards the tile on the roof of the Eagle Pass Library must be replaced with like tile. This tile is available from Piedras Negras, Mexico for $1.31 per piece, and the project requires 6300 tiles. The prices quoted from domestic manufacturers who could produce the equivalent red clay tiles; in part because they would have to produce molds from scratch for the tiles, and would have to ship substantially greater distances; were between $18 and $24 per tile. All of the prices listed above are per tile and are the total cost including shipping and development of the mold where applicable. The roof replacement was bid out separately from other projects which include Recovery Act funds, and is the only work being done on this public building. Therefore, it fits the definition of a ‘‘project’’ and the total cost of the roof replacement is equal to the total project cost. 2 CFR 176.110, titled ‘‘Evaluating proposals of foreign iron, steel, and/or manufactured goods’’, states that if ‘‘the award official receives a request for an exception based on the cost of certain domestic iron, steel, and/or manufactured goods being unreasonable, in accordance with VerDate Mar<15>2010 16:47 May 23, 2011 Jkt 223001 § 176.80, then the award official shall apply evaluation factors to the proposal to use such foreign iron, steel, and/or manufactured goods’’ Per that section, the total evaluated cost = project cost estimate + (.25 × project cost estimate). The total cost of the project with the tiles from Piedras Negras is $71,040. The total evaluated cost is $71,400 + (.25 × $71,400) or $92,625. The minimum cost for the project with US tiles is $176,187, a cost increase of 148%. Thus, the Spanish Red Clay Tiles needed for this project that are domestically manufactured will increase the cost of the overall project by more than 25 percent. Having established a proper justification based on unreasonable cost, EERE hereby provides notice that on April 15, 2011, a project-specific waiver of section 1605 of the Recovery Act was 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 Acting Assistant Secretary for EERE with respect to expenditures within the purview of his responsibility. Consequently, this waiver applies only to EERE projects carried out under the Recovery Act; and only to this project specifically, waiver requests, even for the same or similar items, will be handled individually, because individual factors apply to each project. Authority: Pub. L. 111–5, section 1605. Issued in Washington, DC, on April 15, 2011. Henry Kelly, Acting Assistant Secretary, Energy Efficiency and Renewable Energy, U.S. Department of Energy. [FR Doc. 2011–12717 Filed 5–23–11; 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 SUMMARY: PO 00000 Frm 00059 Fmt 4703 Sfmt 4703 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 sufficient and reasonably available quantities and of a satisfactory quality), with respect to: (1) 400 to 750 watt micro hydro-turbines meeting the specifications detailed below; (2) Oil fired direct vent space heaters for use in buildings that do not have ducts or piping for boiler heating systems; (3) ENERGY STAR rated electric heat pump water heaters and ENERGY STAR rated through-the-wall air conditioners; (4) Grid tied solar inverters of 800W or less, for applications where the panels generate 139VDC or less (not including micro-inverters); (5) 50 hp TEFC inverter duty motors for use in an existing Marley cooling tower; (6) Geothermal heat pumps for demonstration scale waste heat geothermal systems that allow the direct use of untreated wastewater to heat and cool commercial buildings; (7) Point to point/point to multi-point electronic broadband microwave radio systems with alignment tone and IE browser interface; (8) LED luminaires for roadway illumination with customized filter application to meet specific lighting requirements of Mauna Kea observatory; (9) Compressed Natural Gas (CNG) compressors, able to provide 3600 psi (248 bar) temperature compensated CNG supply to fast fill storage and fueling dispensers, efficient and adaptable to a small fleet (approximately 5 vehicles), as well as the wireless remote shut down controls (transmitters and receivers) for those CNG systems; (10) 8000W solar inverters for use with U.S. manufactured 315W panels; (11) Electronically commutated motor (ECM) type inline pumps; and (12) Inverters that permit optimal output of four (4) or more types of modules per array connected to inverter that will be used on eligible EERE-Recovery Act funded projects. DATES: Effective April 15, 2011. 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 E:\FR\FM\24MYN1.SGM 24MYN1

Agencies

[Federal Register Volume 76, Number 100 (Tuesday, May 24, 2011)]
[Notices]
[Pages 30145-30146]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-12717]


-----------------------------------------------------------------------

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, or the relevant manufactured goods are not produced in 
the United States at a reasonable cost), with respect to 300 Spanish 
Red Clay Tiles to be used on the Eagle Pass Library roof, a sub-grantee 
of the Texas State Energy Office, recipient of EECBG grant EE0000893.

DATES: Effective April 15, 2011.

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), and its implementing requirements at 2 
CFR 176.80(a)(2), the head of a Federal department or agency may issue 
a ``determination of inapplicability'' (a waiver of the Buy American 
provision) if the cost of domestic iron, steel, or relevant 
manufactured goods will increase the cost of the overall project by 
more than 25 percent. On September 17, 2010, the Secretary of Energy 
delegated the authority to make all inapplicability determinations 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 Spanish 
Red Clay Tiles needed for the Eagle Pass Library Roofing project that 
are domestically manufactured will increase the cost of the overall 
project by more than 25 percent, and thus the 6300 Spanish Red Clay 
Tiles to be used in this project qualify for the ``unreasonable cost'' 
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 or unreasonable cost 
determinations.
    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 product 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. 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 the Spanish Red 
Clay Tiles contained in this waiver. EERE also conducted significant 
amounts of independent research to supplement MEP's scouting efforts.
    As a result of EERE's efforts and MEP's scouting process, quotes 
were obtained from four (4) domestic manufacturers to produce this 
item. Those quotes are reflected in the prices cited infra, and support 
the finding that this item, if purchased domestically, will increase 
the total project cost by more than 25%. This ``unreasonable cost'' 
waiver is for Spanish Red Clay Tiles to replace a 100-year-old Spanish 
Tile roof on the Eagle Pass Library in Eagle Pass Texas (at one time 
the Eagle Pass Post-Office). The original tile was produced in the city 
of Piedras Negras, Mexico. The tile is made of clay, and is still made 
today in the same manner as it was when the library was built 100 years 
ago.
    The tile roof being installed on the Eagle Pass Library building 
will last 75 years, and be lighter in color than the current roof 
because of the deterioration and discoloration that has occurred to the 
existing roof tiles over time. Additionally, it will be installed in a 
manner to allow air to flow from eave to pinnacle, reflecting heat back 
into the atmosphere, rather than down into the building itself. Since 
the tiles are installed individually, rather than in sheets or in 
overlapping style, the natural airspace around the tiles creates 
natural ventilation that provides a thermal barrier for heat transfer 
to the roof deck. This can assist in the movement of the peak load 
demands by several hours.
    Eagle Pass Library is designated as a Recorded Texas Historic 
Landmark

[[Page 30146]]

(RHTL) (under the name Eagle Pass Post Office). RTHLs are at least 50 
years old and judged worthy of preservation for both architectural and 
historical significance. Buildings with this designation display an 
official Texas historical marker.
    It is regulated that RTHLs retain their basic historical integrity 
and property owners are required to notify the Texas Historic 
Commission (THC) at least 60 days before beginning a project that will 
affect the exterior of a RTHL. Notification includes a cover letter 
describing the scope of work, current overall photographs and close-up 
photographs of the areas requiring repair; drawings, specifications, 
and a proposal from a contractor may also be required. Staff responds 
within 30 days, either allowing work to proceed if it complies with the 
Standards for Rehabilitation or recommending other alternatives to 
consider.
    Compliance with the Texas Secretary of the Interior's Standards for 
Rehabilitation (Texas Government Code, Chapter 442, Section 
442.006(f)), requires that deteriorated or damaged historic building 
components be replaced in-kind, that is with matching materials. In the 
case of the Eagle Pass Post Office/Library, the clay tile roof is a 
character-defining feature and replacement with matching clay tile is 
the only material that complies with the Standards. As a result of 
these Standards the tile on the roof of the Eagle Pass Library must be 
replaced with like tile. This tile is available from Piedras Negras, 
Mexico for $1.31 per piece, and the project requires 6300 tiles. The 
prices quoted from domestic manufacturers who could produce the 
equivalent red clay tiles; in part because they would have to produce 
molds from scratch for the tiles, and would have to ship substantially 
greater distances; were between $18 and $24 per tile. All of the prices 
listed above are per tile and are the total cost including shipping and 
development of the mold where applicable.
    The roof replacement was bid out separately from other projects 
which include Recovery Act funds, and is the only work being done on 
this public building. Therefore, it fits the definition of a 
``project'' and the total cost of the roof replacement is equal to the 
total project cost.
    2 CFR 176.110, titled ``Evaluating proposals of foreign iron, 
steel, and/or manufactured goods'', states that if ``the award official 
receives a request for an exception based on the cost of certain 
domestic iron, steel, and/or manufactured goods being unreasonable, in 
accordance with Sec.  176.80, then the award official shall apply 
evaluation factors to the proposal to use such foreign iron, steel, 
and/or manufactured goods'' Per that section, the total evaluated cost 
= project cost estimate + (.25 x project cost estimate).
    The total cost of the project with the tiles from Piedras Negras is 
$71,040. The total evaluated cost is $71,400 + (.25 x $71,400) or 
$92,625.
    The minimum cost for the project with US tiles is $176,187, a cost 
increase of 148%. Thus, the Spanish Red Clay Tiles needed for this 
project that are domestically manufactured will increase the cost of 
the overall project by more than 25 percent.
    Having established a proper justification based on unreasonable 
cost, EERE hereby provides notice that on April 15, 2011, a project-
specific waiver of section 1605 of the Recovery Act was 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 Acting Assistant Secretary 
for EERE with respect to expenditures within the purview of his 
responsibility. Consequently, this waiver applies only to EERE projects 
carried out under the Recovery Act; and only to this project 
specifically, waiver requests, even for the same or similar items, will 
be handled individually, because individual factors apply to each 
project.

    Authority:  Pub. L. 111-5, section 1605.

    Issued in Washington, DC, on April 15, 2011.
Henry Kelly,
Acting Assistant Secretary, Energy Efficiency and Renewable Energy, 
U.S. Department of Energy.
[FR Doc. 2011-12717 Filed 5-23-11; 8:45 am]
BILLING CODE 6450-01-P