Nationwide Categorical Waivers Under Section 1605 (Buy American) of the American Recovery and Reinvestment Act of 2009 (Recovery Act), 81920-81921 [2011-33416]
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Federal Register / Vol. 76, No. 250 / Thursday, December 29, 2011 / Notices
load on the affected generator sets to
70% or higher of nameplate rating, and
thereby reduce fuel consumption by
approximately 70,000 gallon per month.
This represents a saving of $246,000 per
month or $2.96m per year at the current
fuel price of $3.52 per gallon. This
saving will automatically be passed on
to the rate-payers as required by the rate
setting process.
With the ability to operate generators
at loads of 70% or more, fewer
generators need to be on-line to supply
demand. This will result in lower
running hours per engine and as a
result, lower maintenance cost per year.
Savings in engine maintenance cost as
a result of the radiator replacement
project is expected to be at least
$876,000 per year.
Power plant-1 continues to be CUC’s
main power plant on the main island of
Saipan. This radiator replacement
project will reduce fuel consumption
and overall engine run hours—by
allowing generator loads to be operated
at optimum levels. This in turn will
reduce fuel and maintenance cost and
provide some relief to rate payers in the
CNMI, by way of electricity rate
reduction.
If for some reason the design of the
radiators is ineffective, the current
radiators are in such a severely decayed
state that they cannot be reconnected
one de-commissioned. If the project
does not proceed on schedule, or if
there is any flaw in the design, CNMI
may be forced to resort to back-up
power, similar to the 2008 scenario.
The project to replace the radiators
involves two 13.0MW–18V 52/55B and
three 7.2MW–18V 40/54A diesel
engines. $2,400,000 dollars in ARRA
grant funds are allocated to the project.
The proposed price of the only US
manufacturer to come forward with a
bid was $3 million dollars, including
freight to Saipan. The proposed price by
the manufacturer of the radiators used
in the prior installation was $2,167,060.
The total installation cost for the
radiators is approximately $225,000.
In addition to the price concerns, the
only US bidder revealed that its largest
previous project was for engines with
continuous rating of less than 2.0MW.
In addition, the foreign manufacturer is
the supplier of choice for the 24 island
countries who are members of the
Pacific Power Association. All these
island utilities have similar type of
temperatures and salty environment as
in the CNMI. All 24 island countries
operate diesel engines to generate
electricity.
CFR 2 176.110, entitled ‘‘Evaluating
proposals of foreign iron, steel, and/or
manufactured goods’’, states that if ‘‘the
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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
§ 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 including
the foreign manufactured radiators is
$2,317,060. The total evaluated cost is
$2,392,060 + (.25 × $2,392,060) or
$2990075. The minimum cost for the
project with US collectors is $3,225,000,
a cost increase of 34.8%. Thus, the
diesel engine radiators needed for this
project that are domestically
manufactured will increase the cost of
the overall project by more than 25
percent.
In light of the foregoing, and under
the authority of section 1605(b)(3) of
Public Law No. 111–5 and the Redelegation Order dated April 25, 2011,
with respect to Recovery Act projects
funded by EERE, on October 24, 2011,
the Acting Assistant Secretary issued a
determination of inapplicability
(unreasonable cost waiver) of section
1605 of the American Reinvestment and
Recovery Act of 2009 (Recovery Act Buy
American provisions) to the to the
Commonwealth Utilities Corporation’s
(CUC) located in the Commonwealth of
the Northern Mariana Islands(CNMI),
recipient of the EECBG grant DE–
EE0000762, for 5 diesel engine radiators
to be installed at the CUC’s main power
plant located in Saipan, CNMI. This
waiver applies only to this project.
This waiver determination was made
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; 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 December 6,
2011.
Henry Kelly,
Acting Assistant Secretary for Energy
Efficiency and Renewable Energy, U.S.
Department of Energy.
[FR Doc. 2011–33407 Filed 12–28–11; 8:45 am]
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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 Recovery Act projects
funded by EERE for (1) Multi-colored
Full Wave Rectified strands of 5mm,
conical shaped LED mini bulbs in
molded sockets with 4″ spacing between
bulbs, UL listed with a minimum 50,000
hour lamp life; (2) Ancillary items
needed for a T–12 to T–8 retrofit,
including the ballast disconnects,
ancillary wiring and welding materials
where needed, and the spacing clip to
accommodate T–8 bulbs into a T–12
fixture; and (3) Roof integrated flat plate
collectors producing 1250 btu/square
foot, where the installation requires a
roof integrated solar collector to meet
local historic preservation or local
building standards.
DATES: Effective Date: 9/12/2011.
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 American Recovery and
Reinvestment Act of 2009 (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 redelegated to the Assistant Secretary for
SUMMARY:
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Federal Register / Vol. 76, No. 250 / Thursday, December 29, 2011 / Notices
Energy Efficiency and Renewable
Energy (EERE), for EERE projects under
the Recovery Act, in Redelegation Order
No. 00–002.01E, dated April 25, 2011.
Pursuant to this delegation the Acting
Assistant Secretary, EERE, has
concluded that: (1) Multi-colored Full
Wave Rectified strands of 5mm, conical
shaped LED mini bulbs in molded
sockets with 4″ spacing between bulbs,
UL listed with a minimum 50,000 hour
lamp life; (2) Ancillary items needed for
a T–12 to T–8 retrofit, including the
ballast disconnects, ancillary wiring and
welding materials where needed, and
the spacing clip to accommodate T–8
bulbs into a T–12 fixture; and (3) Roof
integrated flat plate collectors producing
1250 btu/square foot, where the
installation requires a roof integrated
solar collector to meet local historic
preservation or local building standards,
are not produced or manufactured in the
United States in sufficient and
reasonably available quantities and of a
satisfactory quality. The above items,
when 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 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 four 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
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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) Multi-colored Full Wave Rectified
strands of 5mm, conical shaped LED
mini bulbs in molded sockets with 4″
spacing between bulbs, UL listed with a
minimum 50,000 hour lamp life.
Through market research and a
referral to MEP no American made
product was located. No decorative LED
bulbs of any kind are made in the
United States. In projects where
decorative lights are used for extended
periods of time, the energy savings is
significant.
(2) Ancillary items needed for a T–12
to T–8 retrofit, including the ballast
disconnects, ancillary wiring and
welding materials where needed, and
the spacing clip to accommodate T–8
bulbs into a T–12 fixture.
Extensive market research revealed
these items are not manufactured
domestically. The remaining items
utilized in the retrofit, including bulbs,
or in cases where the entire fixture is
being replaced, the fixture as a whole,
must be compliant with Buy American.
(3) Roof integrated flat plate collectors
producing 1250 btu/square foot, where
the installation requires a roof
integrated solar collector to meet local
historic preservation or local building
standards.
This is reserved for cases in which a
roof integrated collector is required,
neither NREL nor MEP located domestic
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81921
producers of flat plate collectors that
could meet this need. The remaining
parts of each system must be compliant
with Buy American. In light of the
foregoing, and under the authority of
section 1605(b)(2) of Public Law 111–5
and Redelegation Order 00–002–01E,
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) Multicolored Full Wave Rectified strands of
5mm, conical shaped LED mini bulbs in
molded sockets with 4″ spacing between
bulbs, UL listed with a minimum 50,000
hour lamp life; (2) Ancillary items
needed for a T–12 to T–8 retrofit,
including the ballast disconnects,
ancillary wiring and welding materials
where needed, and the spacing clip to
accommodate T–8 bulbs into a T–12
fixture; and (3) Roof integrated flat plate
collectors producing 1250 btu/square
foot, where the installation requires a
roof integrated solar collector to meet
local historic preservation or local
building standards.
Having established a proper
justification based on domestic
nonavailability, EERE hereby provides
notice that on September 12, 2011, three
(3) 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 September
12, 2011.
Henry Kelly,
Acting Assistant Secretary, Energy Efficiency
and Renewable Energy, U.S. Department of
Energy.
[FR Doc. 2011–33416 Filed 12–28–11; 8:45 am]
BILLING CODE 6450–01–P
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]]>Agencies
[Federal Register Volume 76, Number 250 (Thursday, December 29, 2011)]
[Notices]
[Pages 81920-81921]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-33416]
-----------------------------------------------------------------------
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) Multi-colored Full Wave Rectified strands of
5mm, conical shaped LED mini bulbs in molded sockets with 4'' spacing
between bulbs, UL listed with a minimum 50,000 hour lamp life; (2)
Ancillary items needed for a T-12 to T-8 retrofit, including the
ballast disconnects, ancillary wiring and welding materials where
needed, and the spacing clip to accommodate T-8 bulbs into a T-12
fixture; and (3) Roof integrated flat plate collectors producing 1250
btu/square foot, where the installation requires a roof integrated
solar collector to meet local historic preservation or local building
standards.
DATES: Effective Date: 9/12/2011.
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 American Recovery and
Reinvestment Act of 2009 (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
[[Page 81921]]
Energy Efficiency and Renewable Energy (EERE), for EERE projects under
the Recovery Act, in Redelegation Order No. 00-002.01E, dated April 25,
2011. Pursuant to this delegation the Acting Assistant Secretary, EERE,
has concluded that: (1) Multi-colored Full Wave Rectified strands of
5mm, conical shaped LED mini bulbs in molded sockets with 4'' spacing
between bulbs, UL listed with a minimum 50,000 hour lamp life; (2)
Ancillary items needed for a T-12 to T-8 retrofit, including the
ballast disconnects, ancillary wiring and welding materials where
needed, and the spacing clip to accommodate T-8 bulbs into a T-12
fixture; and (3) Roof integrated flat plate collectors producing 1250
btu/square foot, where the installation requires a roof integrated
solar collector to meet local historic preservation or local building
standards, are not produced or manufactured in the United States in
sufficient and reasonably available quantities and of a satisfactory
quality. The above items, when 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 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 four 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) Multi-colored Full Wave Rectified strands of 5mm, conical
shaped LED mini bulbs in molded sockets with 4'' spacing between bulbs,
UL listed with a minimum 50,000 hour lamp life.
Through market research and a referral to MEP no American made
product was located. No decorative LED bulbs of any kind are made in
the United States. In projects where decorative lights are used for
extended periods of time, the energy savings is significant.
(2) Ancillary items needed for a T-12 to T-8 retrofit, including
the ballast disconnects, ancillary wiring and welding materials where
needed, and the spacing clip to accommodate T-8 bulbs into a T-12
fixture.
Extensive market research revealed these items are not manufactured
domestically. The remaining items utilized in the retrofit, including
bulbs, or in cases where the entire fixture is being replaced, the
fixture as a whole, must be compliant with Buy American.
(3) Roof integrated flat plate collectors producing 1250 btu/square
foot, where the installation requires a roof integrated solar collector
to meet local historic preservation or local building standards.
This is reserved for cases in which a roof integrated collector is
required, neither NREL nor MEP located domestic producers of flat plate
collectors that could meet this need. The remaining parts of each
system must be compliant with Buy American. In light of the foregoing,
and under the authority of section 1605(b)(2) of Public Law 111-5 and
Redelegation Order 00-002-01E, 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)
Multi-colored Full Wave Rectified strands of 5mm, conical shaped LED
mini bulbs in molded sockets with 4'' spacing between bulbs, UL listed
with a minimum 50,000 hour lamp life; (2) Ancillary items needed for a
T-12 to T-8 retrofit, including the ballast disconnects, ancillary
wiring and welding materials where needed, and the spacing clip to
accommodate T-8 bulbs into a T-12 fixture; and (3) Roof integrated flat
plate collectors producing 1250 btu/square foot, where the installation
requires a roof integrated solar collector to meet local historic
preservation or local building standards.
Having established a proper justification based on domestic
nonavailability, EERE hereby provides notice that on September 12,
2011, three (3) 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 September 12, 2011.
Henry Kelly,
Acting Assistant Secretary, Energy Efficiency and Renewable Energy,
U.S. Department of Energy.
[FR Doc. 2011-33416 Filed 12-28-11; 8:45 am]
BILLING CODE 6450-01-P
