Nationwide Categorical Waivers Under Section 1605 (Buy American) of the American Recovery and Reinvestment Act of 2009 (Recovery Act), 47566-47568 [2011-19882]
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Federal Register / Vol. 76, No. 151 / Friday, August 5, 2011 / Notices
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The major factors considered for this
certification were:
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2. If approved, the action will result
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connection with the services proposed
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erowe on DSKG8SOYB1PROD with NOTICES
Services
Service Type/Locations: Grounds
Maintenance, National Weather Service
Weather Forecast Office, 587 Aero Drive,
Buffalo, NY, National Weather Service
Weather Forecast Office, Radar Data
Acquisition, Site, 3 North Airport Drive,
Cheektowaga, NY, National Weather
Service Weather Forecast Office, UpperAir Observatory, Amherst Villa Road,
Cheektowaga, NY.
NPA: Suburban Adult Services, Inc., Elma,
NY.
Contracting Activity: Dept of Commerce,
National Oceanic and Atmospheric
Administration, Norfolk, VA.
Service Type/Location: Transient Aircraft
Services, Moody AFB, GA.
NPA: Training, Rehabilitation, &
Development Institute, Inc., San
Antonio, TX.
Contracting Activity: Dept of the Air Force,
FA4830 23 Cons CC, Moody AFB, GA.
Barry S. Lineback,
Director, Business Operations.
[FR Doc. 2011–19884 Filed 8–4–11; 8:45 am]
BILLING CODE 6353–01–P
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DEPARTMENT OF ENERGY
Office of Energy Efficiency and
Renewable Energy
Agency Information Collection
Extension; Correction
Office of Energy Efficiency and
Renewable Energy, U.S. Department of
Energy.
ACTION: Notice and Request for
comments; Correction.
AGENCY:
The Department of Energy
(DOE) published a document in the
Federal Register of May 24, 2011,
pursuant to the Paperwork Reduction
Act of 1995), announcing its intention to
extend for three years, an information
collection request with the Office of
Management and Budget (OMB). This
document corrects an error in that
notice.
FOR FURTHER INFORMATION CONTACT:
Benjamin Goldstein, Buy American
Coordinator, Office of Energy Efficiency
and Renewable Energy (EERE),
Department of Energy, 1000
Independence Avenue, SW., Mailstop
EE–2K, Washington, DC 20585 or by
e-mail at BuyAmerican@ee.doe.gov.
SUMMARY:
Correction
In the Federal Register of Tuesday,
May 24, 2011, in FR Doc. 2011–12718,
please make the following correction:
On page 30143, under the heading
SUPPLEMENTARY INFORMATION, (1) should
read OMB No.: 1910–5152.
Issued in Washington, DC, on July 8, 2011.
Henry Kelly,
Acting Assistant Secretary EERE, U.S.
Department of Energy.
[FR Doc. 2011–19886 Filed 8–4–11; 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
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
SUMMARY:
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Fmt 4703
Sfmt 4703
produced in the United States in
sufficient and reasonably available
quantities and of a satisfactory quality),
with respect to Recovery Act projects
funded by EERE for: (1) 2–10
horsepower, self contained, sensorless,
variable speed pumps; (2) bi-directional
bicycle counters; (3) 28W, 30W, and
60W 360 degree LED bulbs for retrofits
of HPS streetlights; (4) bathroom
ventilation fans with a built in
occupancy sensors; (5) solar
thermosiphon water heating systems
certified by FSEC; (6) 40 Ton, factoryassembled, indirect-fired absorption
chillers; (7) premium efficiency electric
drive submersible pump motors (motors
only, not pumps themselves); and (8)
flush-to-handrail LED lighting systems.
DATES: Effective Date: July 8, 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
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’’). The
authority of the Secretary of Energy to
make all inapplicability determinations
was re-delegated to the Assistant
Secretary for Energy Efficiency and
Renewable Energy (EERE), for EERE
projects under the Recovery Act, in
Redelegation Order No. 00.00201E,
dated April 25, 2011. Pursuant to this
delegation the Assistant Secretary,
EERE, has concluded that: (1) 2–10
horsepower, self contained, sensorless,
variable speed pumps; (2) bi-directional
bicycle counters; (3) 28W, 30W, and
60W 360 degree LED bulbs for retrofits
of HPS streetlights; (4) bathroom
ventilation fans with a built in
occupancy sensors; (5) solar
thermosiphon water heating systems
certified by FSEC; (6) 40 Ton, factoryassembled, indirect-fired absorption
chillers; (7) premium efficiency electric
drive submersible pump motors (motors
only, not pumps themselves); and (8)
flush-to-handrail LED lighting systems.
EERE has developed a robust process
to ascertain in a systematic and
expedient manner whether or not there
is domestic manufacturing capacity for
E:\FR\FM\05AUN1.SGM
05AUN1
erowe on DSKG8SOYB1PROD with NOTICES
Federal Register / Vol. 76, No. 151 / Friday, August 5, 2011 / Notices
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 determinations.
The 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 eight (8) products in the
current waiver, EERE reviewed the
information provided and submitted the
relevant technical information to the
MEP. The MEP then used their network
of nationwide centers to scout for
domestic manufacturers. The 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 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 for these items have been
unsuccessful.
Specific technical information for the
manufactured goods included in this
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15:16 Aug 04, 2011
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non-availability determination is
detailed below:
(1) 2–10 Horsepower, Self Contained,
Sensorless, Variable Speed Pumps
This pump does not require costly
pressure and flow transmitters to
maintain a constant pressure in a city
water system at flow rates from almost
zero to about 60 gpm. The pump to be
used in the requesting project is a low
horsepower (5 hp), sensorless, constant
pressure pump with an integrated
variable speed motor controller.
Extensive contacts with pump
distributors and Web research did not
result in the identification of an
American producer of this type pump
technology, nor was the National Energy
Technology Laboratory (NETL) or MEP
able to locate a pump of this type
manufactured in the United States.
(2) Bidirectional Bicycle Counters
There are no products made in the
United States that meet the basic criteria
needed for the requesting project. The
basic needs for a bicycle counter are:
weatherproofing, battery operation,
capability to detect and store time in a
24 hour period, store one year of data
and store data on the counter after
retrieval, provision of directional data,
modem connectivity and download, no
speed restrictions on capturing data.
Traffic counters made in the USA are
designed for automobile counting—not
for bicycle counting. In addition to MEP
DOE reached out to a number of bicycle
advocacy organizations, trade groups
and communities with extensive bike
lane and trail systems. No U.S. products
were identified as a result of this search.
(3) 28W, 30W, and 60W 360 Degree LED
Bulbs for Retrofits of HPS Streetlights
These bulbs provide 360 degrees of
illumination, and are used in the retrofit
of 360 illuminating street, walkway,
carriage and parking lot fixtures. This
waiver does not include the retrofit of
cobrahead streetlights, for which there
are domestic manufacturers. This
waiver is as a result of multiple waiver
applications from separate grantees.
Although several companies have
demonstrated interest in manufacturing
these bulbs, none are yet manufacturing
domestically.
(4) Bathroom Ventilation Fans With
Built In Occupancy Sensors
These fans provide continual low
discharge exhaust ventilation, and upon
occupancy or motion in the bathroom
area, the discharge exhaust ventilation
increases automatically, returning to
continuous low exhaust when motion is
no longer present, nor are there
PO 00000
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Fmt 4703
Sfmt 4703
47567
domestically-manufactured fans
available that meet the specifications
and requirements of the Rhode Island
building code requirements for multifamily public housing and the
requirements included in RI WAP ECM
pages 12–13.
(5) Solar Thermosiphon Water Heating
Systems Certified by FSEC
Under Florida Statutes 377.705, all
solar thermal systems sold and installed
within the state of Florida must have the
certification of the Florida Solar Energy
Center (FSEC). FSEC is the recognized
testing, rating and certification agency
in the U.S. for solar thermal and solar
photovoltaic systems. At this time, no
domestic manufacturers of solar
thermosiphon systems have been
certified through FSEC. The certification
process is too lengthy for any U.S.
manufacturer to become certified within
the remainder of the Recovery Act
spending period. This waiver for solar
thermosiphon water heaters applies
only to projects in the State of Florida,
and is specifically for a demonstration
project that will analyze the advantages
and dis-advantages of both direct
circulation and thermosiphon systems
for this type of application in Florida
going forward. This comparison will
assist U.S. manufacturers in analyzing
the market for both technologies in the
state.
(6) 40 Ton, Factory-Assembled,
Indirect-Fired Absorption Chillers
In addition to MEP, DOE worked with
the ENERGY STAR program and
reached out to a number of trade
organizations, including ASHRAE. No
U.S. products were identified as a result
of these search efforts.
(7) Premium Efficiency Electric Drive
Submersible Pump Motors (15–30hp)
EERE and MEP identified a number of
U.S. manufacturers producing the
pumps needed for the requesting
project. However, the motors that
operate the pumps are not available
domestically. These pumps must be
heavy duty wet wound of NEMA design,
capable of continuous operation under
water at the conditions specified in the
project design and suitable for use on a
three phase, 60 cycle electrical service.
(8) Flush-to-Handrail Electric LED
Lighting Systems
Extensive effort was expended by the
grantee, MEP and DOE to find a similar
product manufactured in the U.S. In
addition, alternative solutions to this
type of system that would provide
lighting of the area were considered. No
domestic options were found. The
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05AUN1
47568
Federal Register / Vol. 76, No. 151 / Friday, August 5, 2011 / Notices
handrail LED lighting system is unique
to one manufacturer, and there is
nothing comparable that is
manufactured in the U.S. In light of the
foregoing, and under the authority of
section 1605(b)(2) of Public Law 111–5
and Redelegation Order 00–002–01D,
with respect to Recovery Act projects
funded by EERE, I hereby issue a
‘‘determination of inapplicability’’ (a
waiver under the Recovery Act Buy
American provision) for: (1) 2–10
horsepower, self contained, sensorless,
variable speed pumps; (2) bi-directional
bicycle counters; (3) 28W, 30W, and
60W 360 degree LED bulbs for retrofits
of HPS streetlights; (4) bathroom
ventilation fans with a built in
occupancy sensors; (5) solar
thermosiphon water heating systems
certified by FSEC; (6) 40 Ton, factoryassembled, indirect-fired absorption
chillers; (7) premium efficiency electric
drive submersible pump motors (motors
only, not pumps themselves); and (8)
flush-to-handrail LED lighting systems.
This waiver determination is pursuant
to the delegation of authority by the
Secretary of Energy to the Acting
Assistant Secretary for Energy Efficiency
and Renewable Energy with respect to
expenditures within the purview of his
responsibility. Consequently, this
waiver applies only to EERE projects
carried out under the Recovery Act.
Having established a proper
justification based on domestic
nonavailability, EERE hereby provides
notice that on July 08, 2011, eight
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 his
responsibility. Consequently, this
waiver applies to all EERE projects
carried out under the Recovery Act.
erowe on DSKG8SOYB1PROD with NOTICES
Authority: Pub. L. 111–5, section 1605.
Issued in Washington, DC, on July 8, 2011.
Henry Kelly,
Acting Assistant Secretary, Energy Efficiency
and Renewable Energy, U.S. Department of
Energy.
[FR Doc. 2011–19882 Filed 8–4–11; 8:45 am]
BILLING CODE 6450–01–P
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Jkt 223001
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
sufficient and reasonably available
quantities and of a satisfactory quality),
with respect to: five kilowatt (5kW) and
fifty kilowatt (50kW) wind turbines for
use on eligible EERE-Recovery Act
funded projects.
DATES: Effective Date: July 8, 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
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 April 25,
2011, the authority of the Secretary of
Energy to make all inapplicability
determinations was re-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:
five kilowatt (5kW) and fifty kilowatt
(50kW) wind turbines qualify for the
‘‘nonavailability’’ waiver determination
when utilized in eligible EERE Recovery
Act-funded projects where the wind
resource and needs of the project
require such size.
While there are US manufacturers of
turbines appropriate for the needs of the
great majority of EERE funded wind
projects, there are currently no US
SUMMARY:
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manufacturers of five kilowatt (5kW) or
fifty kilowatt (50kW) turbines.
The EERE Buy American Coordinator
has worked with many manufacturing
stakeholders to scout for domestic
manufacturing capacity or an equivalent
product for each item contained in this
waiver. This included the Small Wind
Manufacturing Council, the Distributed
Wind Energy Association, and the
American Wind Energy Association.
EERE also conducted significant
amounts of independent research,
including utilizing the small wind
experts employed by the Department of
Energy’s National Renewable Energy
Laboratory. In addition, this
nonavailability determination is
informed by the many 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 for five kilowatt (5kW)
and fifty kilowatt (50kW) turbines have
been unsuccessful.
For all Recovery Act Buy American
waiver requests, EERE also employs a
comprehensive process to ascertain in a
systematic and expedient manner
whether or not there is domestic
manufacturing capacity for the items
submitted for a waiver. 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
determinations.
The 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 two products in the
current waiver, EERE reviewed the
information provided and submitted the
relevant technical information to the
MEP. The MEP then used their network
of nationwide centers to scout for
domestic manufacturers. The MEP
reported that their scouting process did
E:\FR\FM\05AUN1.SGM
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]]>Agencies
[Federal Register Volume 76, Number 151 (Friday, August 5, 2011)]
[Notices]
[Pages 47566-47568]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-19882]
-----------------------------------------------------------------------
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 sufficient and reasonably available quantities and
of a satisfactory quality), with respect to Recovery Act projects
funded by EERE for: (1) 2-10 horsepower, self contained, sensorless,
variable speed pumps; (2) bi-directional bicycle counters; (3) 28W,
30W, and 60W 360 degree LED bulbs for retrofits of HPS streetlights;
(4) bathroom ventilation fans with a built in occupancy sensors; (5)
solar thermosiphon water heating systems certified by FSEC; (6) 40 Ton,
factory-assembled, indirect-fired absorption chillers; (7) premium
efficiency electric drive submersible pump motors (motors only, not
pumps themselves); and (8) flush-to-handrail LED lighting systems.
DATES: Effective Date: July 8, 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 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''). The authority of the Secretary of Energy
to make all inapplicability determinations was re-delegated to the
Assistant Secretary for Energy Efficiency and Renewable Energy (EERE),
for EERE projects under the Recovery Act, in Redelegation Order No.
00.00201E, dated April 25, 2011. Pursuant to this delegation the
Assistant Secretary, EERE, has concluded that: (1) 2-10 horsepower,
self contained, sensorless, variable speed pumps; (2) bi-directional
bicycle counters; (3) 28W, 30W, and 60W 360 degree LED bulbs for
retrofits of HPS streetlights; (4) bathroom ventilation fans with a
built in occupancy sensors; (5) solar thermosiphon water heating
systems certified by FSEC; (6) 40 Ton, factory-assembled, indirect-
fired absorption chillers; (7) premium efficiency electric drive
submersible pump motors (motors only, not pumps themselves); and (8)
flush-to-handrail LED lighting systems.
EERE has developed a robust process to ascertain in a systematic
and expedient manner whether or not there is domestic manufacturing
capacity for
[[Page 47567]]
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 determinations.
The 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 eight (8)
products in the current waiver, EERE reviewed the information provided
and submitted the relevant technical information to the MEP. The MEP
then used their network of nationwide centers to scout for domestic
manufacturers. The 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 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
for these items have been unsuccessful.
Specific technical information for the manufactured goods included
in this non-availability determination is detailed below:
(1) 2-10 Horsepower, Self Contained, Sensorless, Variable Speed Pumps
This pump does not require costly pressure and flow transmitters to
maintain a constant pressure in a city water system at flow rates from
almost zero to about 60 gpm. The pump to be used in the requesting
project is a low horsepower (5 hp), sensorless, constant pressure pump
with an integrated variable speed motor controller. Extensive contacts
with pump distributors and Web research did not result in the
identification of an American producer of this type pump technology,
nor was the National Energy Technology Laboratory (NETL) or MEP able to
locate a pump of this type manufactured in the United States.
(2) Bidirectional Bicycle Counters
There are no products made in the United States that meet the basic
criteria needed for the requesting project. The basic needs for a
bicycle counter are: weatherproofing, battery operation, capability to
detect and store time in a 24 hour period, store one year of data and
store data on the counter after retrieval, provision of directional
data, modem connectivity and download, no speed restrictions on
capturing data. Traffic counters made in the USA are designed for
automobile counting--not for bicycle counting. In addition to MEP DOE
reached out to a number of bicycle advocacy organizations, trade groups
and communities with extensive bike lane and trail systems. No U.S.
products were identified as a result of this search.
(3) 28W, 30W, and 60W 360 Degree LED Bulbs for Retrofits of HPS
Streetlights
These bulbs provide 360 degrees of illumination, and are used in
the retrofit of 360 illuminating street, walkway, carriage and parking
lot fixtures. This waiver does not include the retrofit of cobrahead
streetlights, for which there are domestic manufacturers. This waiver
is as a result of multiple waiver applications from separate grantees.
Although several companies have demonstrated interest in manufacturing
these bulbs, none are yet manufacturing domestically.
(4) Bathroom Ventilation Fans With Built In Occupancy Sensors
These fans provide continual low discharge exhaust ventilation, and
upon occupancy or motion in the bathroom area, the discharge exhaust
ventilation increases automatically, returning to continuous low
exhaust when motion is no longer present, nor are there domestically-
manufactured fans available that meet the specifications and
requirements of the Rhode Island building code requirements for multi-
family public housing and the requirements included in RI WAP ECM pages
12-13.
(5) Solar Thermosiphon Water Heating Systems Certified by FSEC
Under Florida Statutes 377.705, all solar thermal systems sold and
installed within the state of Florida must have the certification of
the Florida Solar Energy Center (FSEC). FSEC is the recognized testing,
rating and certification agency in the U.S. for solar thermal and solar
photovoltaic systems. At this time, no domestic manufacturers of solar
thermosiphon systems have been certified through FSEC. The
certification process is too lengthy for any U.S. manufacturer to
become certified within the remainder of the Recovery Act spending
period. This waiver for solar thermosiphon water heaters applies only
to projects in the State of Florida, and is specifically for a
demonstration project that will analyze the advantages and dis-
advantages of both direct circulation and thermosiphon systems for this
type of application in Florida going forward. This comparison will
assist U.S. manufacturers in analyzing the market for both technologies
in the state.
(6) 40 Ton, Factory-Assembled, Indirect-Fired Absorption Chillers
In addition to MEP, DOE worked with the ENERGY STAR program and
reached out to a number of trade organizations, including ASHRAE. No
U.S. products were identified as a result of these search efforts.
(7) Premium Efficiency Electric Drive Submersible Pump Motors (15-30hp)
EERE and MEP identified a number of U.S. manufacturers producing
the pumps needed for the requesting project. However, the motors that
operate the pumps are not available domestically. These pumps must be
heavy duty wet wound of NEMA design, capable of continuous operation
under water at the conditions specified in the project design and
suitable for use on a three phase, 60 cycle electrical service.
(8) Flush-to-Handrail Electric LED Lighting Systems
Extensive effort was expended by the grantee, MEP and DOE to find a
similar product manufactured in the U.S. In addition, alternative
solutions to this type of system that would provide lighting of the
area were considered. No domestic options were found. The
[[Page 47568]]
handrail LED lighting system is unique to one manufacturer, and there
is nothing comparable that is manufactured in the U.S. In light of the
foregoing, and under the authority of section 1605(b)(2) of Public Law
111-5 and Redelegation Order 00-002-01D, with respect to Recovery Act
projects funded by EERE, I hereby issue a ``determination of
inapplicability'' (a waiver under the Recovery Act Buy American
provision) for: (1) 2-10 horsepower, self contained, sensorless,
variable speed pumps; (2) bi-directional bicycle counters; (3) 28W,
30W, and 60W 360 degree LED bulbs for retrofits of HPS streetlights;
(4) bathroom ventilation fans with a built in occupancy sensors; (5)
solar thermosiphon water heating systems certified by FSEC; (6) 40 Ton,
factory-assembled, indirect-fired absorption chillers; (7) premium
efficiency electric drive submersible pump motors (motors only, not
pumps themselves); and (8) flush-to-handrail LED lighting systems.
This waiver determination is pursuant to the delegation of
authority by the Secretary of Energy to the Acting Assistant Secretary
for Energy Efficiency and Renewable Energy with respect to expenditures
within the purview of his responsibility. Consequently, this waiver
applies only to EERE projects carried out under the Recovery Act.
Having established a proper justification based on domestic
nonavailability, EERE hereby provides notice that on July 08, 2011,
eight 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 his responsibility. Consequently, this waiver
applies to all EERE projects carried out under the Recovery Act.
Authority: Pub. L. 111-5, section 1605.
Issued in Washington, DC, on July 8, 2011.
Henry Kelly,
Acting Assistant Secretary, Energy Efficiency and Renewable Energy,
U.S. Department of Energy.
[FR Doc. 2011-19882 Filed 8-4-11; 8:45 am]
BILLING CODE 6450-01-P
