Nationwide Limited Public Interest Waiver Under the American Recovery and Reinvestment Act of 2009 (Recovery Act), 4030-4031 [2012-1623]

Download as PDF mstockstill on DSK4VPTVN1PROD with NOTICES 4030 Federal Register / Vol. 77, No. 17 / Thursday, January 26, 2012 / Notices distance, UL certified, 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. In order to utilize this waiver, grantees must have taken substantial steps towards procurement of these items by May 1, 2012. 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 three 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 VerDate Mar<15>2010 17:14 Jan 25, 2012 Jkt 226001 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) 5–25 Watt LED Candelabra Bulbs (includes Flame tip, bent tip, A19, S11, G16.5 or G25 clear bulb enclosure. LED Candelabra or medium base, outdoor use, dimmable, mercury free, 2700 and/or 3000 Kelvin Correlated Color Temperature (CCT), 80+ Color Rendering Index (CRI), 5–25 watt Flame tip, bent tip, A19, S11, G16.5 or G25 clear bulb enclosure. Domestic manufacturers are working to enter the market in the near future, however, production cannot yet meet the needs of current projects. EERE is committed to assisting grantees to complete projects while supporting domestic manufacturing—thus this waiver will expire May 1, 2012. (2&3) 140 Watt LED fixtures with 10 degree beams capable of illuminating from 100 feet, UL certified; and 27 Watt round LED fixtures, producing 1 footcandle at 242 feet distance, UL certified. The new LED fixtures represent a relatively new, emerging technology that can provide comparable light output at substantially lower energy levels. As a new technology, the number of manufacturers, though growing, is somewhat limited. Domestic manufacturers are working to enter the market in the near future, however, production cannot yet meet the needs of current projects. EERE is committed to assisting grantees to complete projects while supporting domestic manufacturing—thus this waiver will expire May 1, 2012. 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) 5–25 Watt LED Candelabra Bulbs (includes Flame tip, bent tip, A19, S11, G16.5 or G25 clear bulb enclosure); (2) 140 Watt LED fixtures with 10 degree beams capable of illuminating from 100 feet, UL certified; and (3) 27 Watt round PO 00000 Frm 00033 Fmt 4703 Sfmt 4703 LED fixtures, producing 1 foot-candle at 242 feet distance, UL certified. This waiver expires May 1, 2012. Having established a proper justification based on domestic nonavailability, EERE hereby provides notice that on January 10, 2012, 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: Public Law 111–5, section 1605. Issued in Washington, DC on January 10, 2012. Henry C. Kelly, Acting Assistant Secretary, Energy Efficiency and Renewable Energy, U.S. Department of Energy. [FR Doc. 2012–1625 Filed 1–25–12; 8:45 am] BILLING CODE P DEPARTMENT OF ENERGY Office of Energy Efficiency and Renewable Energy Nationwide Limited Public Interest Waiver Under 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 public interest waiver. 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)(1) (amended public interest waiver), with respect to donated manufactured goods. DATES: Effective Date: December 6, 2011. FOR FURTHER INFORMATION CONTACT: Christine Platt Patrick, Weatherization and Intergovernmental Program, Office of Energy Efficiency and Renewable Energy (EERE), (202) 287–1553, buyamerican@ee.doe.gov, Department of Energy, 1000 Independence Avenue SW., Mailstop EE–2K, Washington, DC 20585. SUMMARY: E:\FR\FM\26JAN1.SGM 26JAN1 Federal Register / Vol. 77, No. 17 / Thursday, January 26, 2012 / Notices 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 April 25, 2011, the Secretary of Energy delegated the authority to make all inapplicability determinations to the Assistant Secretary for Energy Efficiency and Renewable Energy, for EERE Recovery Act projects. Pursuant to this delegation, the Acting Assistant Secretary has determined that application of section 1605 restrictions would be inconsistent with the public interest for items donated (provided at zero cost) to EERE-funded Recovery Act projects. This determination waives the Buy American requirements in EERE-funded Recovery Act projects for donated manufactured goods. This waiver Expires May 1, 2012. Definitions—Donated means manufactured goods provided to the project at zero cost. These goods must not hold a caveat, expectation, or quidpro-quo of any sort, nor may their donation bind the grant recipient in any way. The recipient, for example, may not agree to pay more for one item, so as to have another item donated, nor may they promise more business in the future in exchange for a donated item. The Contracting Officer and the Project Officer will be consulted to determine whether the goods qualify as donated; this will serve to prevent abuse of this waiver. This waiver applies only to the donated manufactured goods themselves. All funds used in the project are still subject to the Buy American requirements and other contract requirements. The Buy American provision ‘‘prohibits use of recovery funds for a project for the construction, alteration, maintenance, or repair of a public building or public work unless all of the iron, steel, and manufactured goods used in the project are produced in the United States.’’ 2 CFR 176. However, in a number of cases, grant recipients and sub recipients have been able to secure offers of donation, for items already installed that are non-compliant with the Buy American provision of the Recovery Act. Offers of donation may free up the need to spend federal dollars that otherwise would have been spent on those donated items and that may also count towards the recipient’s cost share (10 CFR § 600.224) for grants that require cost sharing. When donated items are used in a project, freeing up allocated Recovery Act funds, grantees mstockstill on DSK4VPTVN1PROD with NOTICES SUPPLEMENTARY INFORMATION: VerDate Mar<15>2010 17:14 Jan 25, 2012 Jkt 226001 will work with their Project Officers to allocate funds to other projects, or to broaden the existing project. The ‘‘freedup’’ Recovery Act funds may not be used on the purchase of non-compliant manufactured goods in accordance with applicable laws. For the reasons outlined above, I find that it is in the public interest to issue a waiver of the Recovery Act Buy American provisions that allows grantees to use donated manufactured goods in EERE funded projects. This waiver should not be used as a means to circumvent the Recovery Act Buy American provisions through encouraging recipients to knowingly accept non-compliant goods that would be used on a Recovery Act project to further leverage Recovery Act funds. Issuance of this nationwide public interest waiver recognizes EERE’s commitment to expeditious costing of Recovery Act dollars by enabling grantees and vendors to easily ascertain whether a project complies with the Buy American provision. Issuance of this waiver removes any need for EERE to issue a Recovery Act Buy American non-compliance finding and negates economic waste that would result by having a recipient uninstall or remove a donated good that is otherwise compliant with the Recovery Act Buy American provisions. In light of the foregoing, and under the authority of section 1605(b)(1) of Public Law 111–5 and the Redelegation Order of April 25, 2011, with respect to Recovery Act projects funded by EERE, on December 6, 2011, the Assistant Secretary issued a new ‘‘determination of inapplicability’’ (a waiver under the Recovery Act Buy American provisions) for donated manufactured goods. The Assistant Secretary reserves the right to revisit and amend this determination based on new information or new developments. Authority: Public Law 111–5, section 1605. Issued Washington, DC on December 6, 2011. Henry Kelly, Acting Assistant Secretary, Energy Efficiency and Renewable Energy, U.S. Department of Energy. [FR Doc. 2012–1623 Filed 1–25–12; 8:45 am] BILLING CODE 6450–01–P PO 00000 Frm 00034 Fmt 4703 Sfmt 4703 4031 DEPARTMENT OF ENERGY Federal Energy Regulatory Commission Combined Notice of Filings #1 Take notice that the Commission received the following electric corporate filings: Docket Numbers: EC12–59–000. Applicants: Old Trail Wind Farm, LLC, Telocaset Wind Power Partners, LLC, High Prairie Wind Farm II, LLC, Cloud County Wind Farm, LLC, Pioneer Prairie Wind Farm I, LLC, Sagebrush Power Partners, LLC, Arlington Wind Power Project LLC, Marble River, LLC, Flat Rock Windpower LLC, Blue Canyon Windpower LLC, Wheat Field Wind Power Project LLC, Lost Lakes Wind Farm LLC, Blue Canyon Windpower V LLC, Blackstone Wind Farm LLC, Meadow Lake Wind Farm IV LLC, Blackstone Wind Farm II LLC, Blue Canyon Windpower II LLC, High Trail Wind Farm, LLC, Meadow Lake Wind Farm LLC, Meadow Lake Wind Farm II LLC, Meadow Lake Wind Farm III LLC, Rail Splitter Wind Farm, LLC, Flat Rock Windpower II LLC, Paulding Wind Farm II LLC, Blue Canyon Windpower VI LLC, China Three Gorges Corporation, China Three Gorges International (Europe) S.A. Description: Application for Authorization for Disposition of Jurisdictional Facilities and Request for Expedited Action of Arlington Wind Power Project LLC, et al. Filed Date: 1/17/12. Accession Number: 20120117–5259. Comments Due: 5 p.m. ET 2/7/12. Take notice that the Commission received the following electric rate filings: Docket Numbers: ER11–3876–001; ER11–2044–002; ER10–2611–001. Applicants: Cordova Energy Company, LLC, MidAmerican Energy Company, Saranac Power Partners, L.P. Description: Revised Attachment B to replace Attachment B in Applicant’s June 30 market analysis f Cordova Energy Company LLC, et al. Filed Date: 7/6/11. Accession Number: 20110706–5086. Comments Due: 5 p.m. ET 1/25/12. Docket Numbers: ER12–817–000. Applicants: Midwest Independent Transmission System Operator, Inc. Description: Midwest Independent Transmission System Operator, Inc. submits tariff filing per 35: 01–17–12 RAR Compliance Filing to be effective 7/28/2010. Filed Date: 1/17/12. Accession Number: 20120117–5229. Comments Due: 5 p.m. ET 2/7/12. E:\FR\FM\26JAN1.SGM 26JAN1

Agencies

[Federal Register Volume 77, Number 17 (Thursday, January 26, 2012)]
[Notices]
[Pages 4030-4031]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-1623]


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DEPARTMENT OF ENERGY

Office of Energy Efficiency and Renewable Energy


Nationwide Limited Public Interest Waiver Under 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 public interest waiver.

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

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)(1) 
(amended public interest waiver), with respect to donated manufactured 
goods.

DATES: Effective Date: December 6, 2011.

FOR FURTHER INFORMATION CONTACT: Christine Platt Patrick, 
Weatherization and Intergovernmental Program, Office of Energy 
Efficiency and Renewable Energy (EERE), (202) 287-1553, 
buyamerican@ee.doe.gov, Department of Energy, 1000 Independence Avenue 
SW., Mailstop EE-2K, Washington, DC 20585.

[[Page 4031]]


SUPPLEMENTARY INFORMATION: 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 April 25, 2011, the Secretary 
of Energy delegated the authority to make all inapplicability 
determinations to the Assistant Secretary for Energy Efficiency and 
Renewable Energy, for EERE Recovery Act projects.
    Pursuant to this delegation, the Acting Assistant Secretary has 
determined that application of section 1605 restrictions would be 
inconsistent with the public interest for items donated (provided at 
zero cost) to EERE-funded Recovery Act projects.
    This determination waives the Buy American requirements in EERE-
funded Recovery Act projects for donated manufactured goods. This 
waiver Expires May 1, 2012.
    Definitions--Donated means manufactured goods provided to the 
project at zero cost. These goods must not hold a caveat, expectation, 
or quid-pro-quo of any sort, nor may their donation bind the grant 
recipient in any way. The recipient, for example, may not agree to pay 
more for one item, so as to have another item donated, nor may they 
promise more business in the future in exchange for a donated item. The 
Contracting Officer and the Project Officer will be consulted to 
determine whether the goods qualify as donated; this will serve to 
prevent abuse of this waiver. This waiver applies only to the donated 
manufactured goods themselves. All funds used in the project are still 
subject to the Buy American requirements and other contract 
requirements.
    The Buy American provision ``prohibits use of recovery funds for a 
project for the construction, alteration, maintenance, or repair of a 
public building or public work unless all of the iron, steel, and 
manufactured goods used in the project are produced in the United 
States.'' 2 CFR 176. However, in a number of cases, grant recipients 
and sub recipients have been able to secure offers of donation, for 
items already installed that are non-compliant with the Buy American 
provision of the Recovery Act. Offers of donation may free up the need 
to spend federal dollars that otherwise would have been spent on those 
donated items and that may also count towards the recipient's cost 
share (10 CFR Sec.  600.224) for grants that require cost sharing. When 
donated items are used in a project, freeing up allocated Recovery Act 
funds, grantees will work with their Project Officers to allocate funds 
to other projects, or to broaden the existing project. The ``freed-up'' 
Recovery Act funds may not be used on the purchase of non-compliant 
manufactured goods in accordance with applicable laws.
    For the reasons outlined above, I find that it is in the public 
interest to issue a waiver of the Recovery Act Buy American provisions 
that allows grantees to use donated manufactured goods in EERE funded 
projects. This waiver should not be used as a means to circumvent the 
Recovery Act Buy American provisions through encouraging recipients to 
knowingly accept non-compliant goods that would be used on a Recovery 
Act project to further leverage Recovery Act funds.
    Issuance of this nationwide public interest waiver recognizes 
EERE's commitment to expeditious costing of Recovery Act dollars by 
enabling grantees and vendors to easily ascertain whether a project 
complies with the Buy American provision. Issuance of this waiver 
removes any need for EERE to issue a Recovery Act Buy American non-
compliance finding and negates economic waste that would result by 
having a recipient uninstall or remove a donated good that is otherwise 
compliant with the Recovery Act Buy American provisions.
    In light of the foregoing, and under the authority of section 
1605(b)(1) of Public Law 111-5 and the Redelegation Order of April 25, 
2011, with respect to Recovery Act projects funded by EERE, on December 
6, 2011, the Assistant Secretary issued a new ``determination of 
inapplicability'' (a waiver under the Recovery Act Buy American 
provisions) for donated manufactured goods.
    The Assistant Secretary reserves the right to revisit and amend 
this determination based on new information or new developments.

    Authority: Public Law 111-5, section 1605.

    Issued Washington, DC on December 6, 2011.
Henry Kelly,
Acting Assistant Secretary, Energy Efficiency and Renewable Energy, 
U.S. Department of Energy.
[FR Doc. 2012-1623 Filed 1-25-12; 8:45 am]
BILLING CODE 6450-01-P