Nationwide Categorical Waivers Under Section 1605 (Buy American) of the American Recovery and Reinvestment Act of 2009 (Recovery Act), 9906-9907 [2012-3939]

Download as PDF mstockstill on DSK4VPTVN1PROD with NOTICES 9906 Federal Register / Vol. 77, No. 34 / Tuesday, February 21, 2012 / Notices Comments on the proposed information collection should be submitted electronically to HAVAinfo@eac.gov with Urban/Rural study as the subject line. Written comments on the proposed information collection can also be sent to the U.S. Election Assistance Commission, 1201 New York Avenue NW., Suite 300, Washington, DC 20005, ATTN: Urban/ Rural Study. Obtaining a Copy of the Survey: To obtain a free copy of the survey: (1) Access the EAC Web site at www.eac.gov; (2) write to the EAC (including your address and phone number) at U.S. Election Assistance Commission, 1201 New York Avenue NW., Suite 300, Washington, DC 20005, ATTN: Urban/Rural Study. FOR FURTHER INFORMATION CONTACT: Ms. Karen Lynn-Dyson or Ms. Shelly Anderson at (202) 566–3100. SUPPLEMENTARY INFORMATION: Title and OMB Number: Election Administration in Urban and Rural Areas; OMB Number Pending. Summary of the Collection of Information: The survey requests information at the local level concerning the following categories: Background: (1) Number of years served as an election official; (2) number of registered voters; (3) jurisdiction described as urban or rural; (4) jurisdiction required to provide language assistance; (5) office have full responsibility for elections in the jurisdiction; (6) alternative forms of voting allowed in the jurisdiction (absentee-excuse required, no-excuse absentee, early voting, all vote-by-mail). Voter Outreach: (7) Type of voter outreach provided to the public; (8) outreach efforts coordinated with thirdparty/civic organizations; type of voter outreach coordinated; type of organizations with which the jurisdiction works; (9) voter outreach activities that focus on specific groups; (10) cost of voter outreach efforts in 2010; (11) estimated cost of voter outreach efforts in 2012; (12) how voter outreach efforts were paid for; (13) ease or difficulty of engaging in voter outreach; (14) reasons outreach may have been difficult. Personnel: (15) Number of paid fulltime, part-time, and temporary staff in 2010; 16) number of poll workers used in 2010; (17) number of paid full-time, part-time, and temporary staff in 2012; (18) number of poll workers used in 2012; (19) poll worker pay; (20) sources for recruiting poll workers; (21) ease or difficulty of obtaining poll workers; (22) reasons obtaining poll workers may have been difficult; (23) jurisdiction VerDate Mar<15>2010 17:29 Feb 17, 2012 Jkt 226001 offer split shifts for poll workers; (24) additional comments. Affected Public (Respondents): Local governments that administer Federal elections. Affected Public: Local government. Number of Respondents: 5,000. Responses per Respondent: 1. Estimated Burden Per Response: 45 minutes. Estimated Total Annual Burden Hours: 2,250 hours. Frequency: One-time data collection. Mark A. Robbins, Acting Executive Director, U.S. Election Assistance Commission. [FR Doc. 2012–3737 Filed 2–17–12; 8:45 am] BILLING CODE 6820–KF–P DEPARTMENT OF ENERGY Office of Energy Efficiency and Renewable Energy Nationwide Categorical Waivers Under Section 1605 (Buy American) of the American Recovery and Reinvestment Act of 2009 (Recovery Act) Office of Energy Efficiency and Renewable Energy, U.S. Department of Energy (DOE). ACTION: Notice of limited waivers. AGENCY: The U.S. Department of Energy (DOE) is hereby granting a nationwide limited waiver of the Buy American requirements of section 1605 of the Recovery Act under the authority of Section 1605(b)(2), (iron, steel, and the relevant manufactured goods are not produced in the United States in sufficient and reasonably available quantities and of a satisfactory quality), with respect to Recovery Act projects funded by EERE for ((1) 400 amp Dual Element Time-Delay Fuses for electric vehicle supply equipment (EVSE) charging station; (2) Video imaging card rack mounted boards for vehicle presence and data detection; (3) 20-ton split system heat pump that meets a minimum static pressure requirement of 3.0 inches of water column (only where the 3.0 water column is a requirement of the system); and (4) network manager for conversion of proprietary protocol— Staefa brand system—to a nonproprietary open source protocol. DATES: Effective Date: 01/24/2012. FOR FURTHER INFORMATION CONTACT: Christine Platt-Patrick, Office of Energy Efficiency and Renewable Energy (EERE), (202) 287–1553, Department of Energy, 1000 Independence Avenue SW., Mailstop EE–2K, Washington, DC 20585. SUMMARY: PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 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 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) 400amp Dual Element Time-Delay Fuses for electric vehicle supply equipment (EVSE) charging station; (2) Video imaging card rack mounted boards for vehicle presence and data detection; (3) 20-ton split system heat pump that meets a minimum static pressure requirement of 3.0 inches of water column (only where the 3.0 water column is a requirement of the system); and (4) network manager for conversion of proprietary protocol— Staefa brand system—to a nonproprietary open source protocol, 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 SUPPLEMENTARY INFORMATION: E:\FR\FM\21FEN1.SGM 21FEN1 mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 77, No. 34 / Tuesday, February 21, 2012 / Notices 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 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) 400amp Dual Element Time-Delay Fuses for electric vehicle supply equipment (EVSE) charging station These are used in the installation of EV charging stations. Two national trade organizations representing American manufacturers of this equipment verified that these are not manufactured in the US. Further, MEP did not identify a potential manufacturer. (2) Video imaging card rack mounted boards for vehicle presence and data detection These card racks are installed into existing traffic systems and are not manufactured domestically. Neither transportation manufacturing trade associations nor MEP identified any US manufacturer of this product. VerDate Mar<15>2010 17:29 Feb 17, 2012 Jkt 226001 (3) 20-ton split system heat pump that meets a minimum static pressure requirement of 3.0 inches of water column (only where the 3.0 water column is a requirement of the system) This waiver is limited to systems that require compatibility with this extremely high water column. No US manufacturers (four manufacturers of this type of equipment were identified by EERE and MEP and contacted) were able to meet this need. (4) Network manager for conversion of proprietary protocol- Staefa brand system to a non-proprietary open source protocol For use where a Staefa system was installed previously, and where utilizing a domestic control module would mean that the existing energy management controls would have to be removed and a new energy management controls system would have to replace the existing Staefa system. This product allows the grantee to convert from the proprietary protocol to an open-source protocol- providing a wider variety of controls in the future. In these cases, the grantee is unable to use a domestic control module because the existing system runs off of a proprietary communication protocol (rather than LON or BACnet), and the entire system would have to be replaced to install additional controllers. Trade organizations, DOE and MEP all agreed that this was the only controller capable of properly interfacing with this protocol. 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) 400amp Dual Element TimeDelay Fuses for electric vehicle supply equipment (EVSE) charging station; (2) Video imaging card rack mounted boards for vehicle presence and data detection; (3) 20-ton split system heat pump that meets a minimum static pressure requirement of 3.0 inches of water column (only where the 3.0 water column is a requirement of the system); and (4) network manager for conversion of proprietary protocol- Staefa brand system- to a non-proprietary open source protocol. Having established a proper justification based on domestic nonavailability, EERE hereby provides notice that on January 24, 2012, four (4) nationwide categorical waivers of section 1605 of the Recovery Act were issued as detailed supra. This notice constitutes the detailed written PO 00000 Frm 00020 Fmt 4703 Sfmt 4703 9907 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. Dated: Issued in Washington, DC, on January 24, 2012. Henry Kelly, Acting Assistant Secretary, Energy Efficiency and Renewable Energy, U.S. Department of Energy. [FR Doc. 2012–3939 Filed 2–17–12; 8:45 am] BILLING CODE 6450–01–P DEPARTMENT OF ENERGY Office of Energy Efficiency and Renewable Energy [Case No. CW–023] Notice of Petition for Waiver of LG Electronics U.S.A., Inc. From the Department of Energy Clothes Washer Test Procedure, and Grant of Interim Waiver Office of Energy Efficiency and Renewable Energy, Department of Energy. ACTION: Notice of petition for waiver, notice of grant of interim waiver, and request for comments. AGENCY: This notice announces receipt of and publishes the LG Electronics U.S.A., Inc. (LG) petition for waiver and application for interim waiver (hereafter, ‘‘petition’’) from specified portions of the U.S. Department of Energy (DOE) test procedure for determining the energy consumption of clothes washers. Today’s notice also grants an interim waiver of the clothes washer test procedure. Through this notice, DOE also solicits comments with respect to the LG petition. DATES: DOE will accept comments, data, and information with respect to the LG petition March 22, 2012. ADDRESSES: You may submit comments, identified by case number CW–023, by any of the following methods: • Federal eRulemaking Portal: https:// www.regulations.gov. Follow the instructions for submitting comments. • Email: AS_Waiver_Requests@ee.doe.gov. Include ‘‘Case No. CW–023’’ in the subject line of the message. SUMMARY: E:\FR\FM\21FEN1.SGM 21FEN1

Agencies

[Federal Register Volume 77, Number 34 (Tuesday, February 21, 2012)]
[Notices]
[Pages 9906-9907]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-3939]


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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)

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) 400 amp Dual Element Time-Delay Fuses for 
electric vehicle supply equipment (EVSE) charging station; (2) Video 
imaging card rack mounted boards for vehicle presence and data 
detection; (3) 20-ton split system heat pump that meets a minimum 
static pressure requirement of 3.0 inches of water column (only where 
the 3.0 water column is a requirement of the system); and (4) network 
manager for conversion of proprietary protocol--Staefa brand system--to 
a non-proprietary open source protocol.

DATES: Effective Date: 01/24/2012.

FOR FURTHER INFORMATION CONTACT: Christine Platt-Patrick, 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 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) 400amp Dual Element Time-Delay 
Fuses for electric vehicle supply equipment (EVSE) charging station; 
(2) Video imaging card rack mounted boards for vehicle presence and 
data detection; (3) 20-ton split system heat pump that meets a minimum 
static pressure requirement of 3.0 inches of water column (only where 
the 3.0 water column is a requirement of the system); and (4) network 
manager for conversion of proprietary protocol--Staefa brand system--to 
a non-proprietary open source protocol, 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

[[Page 9907]]

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) 400amp Dual Element Time-Delay Fuses for electric vehicle 
supply equipment (EVSE) charging station
    These are used in the installation of EV charging stations. Two 
national trade organizations representing American manufacturers of 
this equipment verified that these are not manufactured in the US. 
Further, MEP did not identify a potential manufacturer.
    (2) Video imaging card rack mounted boards for vehicle presence and 
data detection
    These card racks are installed into existing traffic systems and 
are not manufactured domestically. Neither transportation manufacturing 
trade associations nor MEP identified any US manufacturer of this 
product.
    (3) 20-ton split system heat pump that meets a minimum static 
pressure requirement of 3.0 inches of water column (only where the 3.0 
water column is a requirement of the system)
    This waiver is limited to systems that require compatibility with 
this extremely high water column. No US manufacturers (four 
manufacturers of this type of equipment were identified by EERE and MEP 
and contacted) were able to meet this need.
    (4) Network manager for conversion of proprietary protocol- Staefa 
brand system to a non-proprietary open source protocol
    For use where a Staefa system was installed previously, and where 
utilizing a domestic control module would mean that the existing energy 
management controls would have to be removed and a new energy 
management controls system would have to replace the existing Staefa 
system. This product allows the grantee to convert from the proprietary 
protocol to an open-source protocol- providing a wider variety of 
controls in the future.
    In these cases, the grantee is unable to use a domestic control 
module because the existing system runs off of a proprietary 
communication protocol (rather than LON or BACnet), and the entire 
system would have to be replaced to install additional controllers. 
Trade organizations, DOE and MEP all agreed that this was the only 
controller capable of properly interfacing with this protocol.
    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) 400amp Dual Element Time-Delay Fuses 
for electric vehicle supply equipment (EVSE) charging station; (2) 
Video imaging card rack mounted boards for vehicle presence and data 
detection; (3) 20-ton split system heat pump that meets a minimum 
static pressure requirement of 3.0 inches of water column (only where 
the 3.0 water column is a requirement of the system); and (4) network 
manager for conversion of proprietary protocol- Staefa brand system- to 
a non-proprietary open source protocol.
    Having established a proper justification based on domestic 
nonavailability, EERE hereby provides notice that on January 24, 2012, 
four (4) 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.

    Dated: Issued in Washington, DC, on January 24, 2012.
Henry Kelly,
Acting Assistant Secretary, Energy Efficiency and Renewable Energy, 
U.S. Department of Energy.
[FR Doc. 2012-3939 Filed 2-17-12; 8:45 am]
BILLING CODE 6450-01-P