Nationwide Categorical Waivers Under the American Recovery and Reinvestment Act of 2009 (Recovery Act), 48866-48867 [2013-19487]
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Federal Register / Vol. 78, No. 155 / Monday, August 12, 2013 / Notices
2013 and the order for the goods is
placed on or before March 31, 2013; or
(5) grantee has executed a contract or
purchase agreement with a supplier to
acquire affected goods on or before
March 31, 2013.
EERE hereby provides notice that on
January 31, 2013, an Amended Waiver
of section 1605 of the American
Reinvestment and Recovery Act of 2009
(Recovery Act Buy American
provisions) was issued for EERE-funded
projects utilizing dimmable florescent
electronic ballasts.
This amendment modifies the
nonavailability waiver issued on
February 11, 2010 for florescent
electronic ballasts. As a result of the
amendment, the following items listed
in the February 2010 waiver items
remain waived: Plug in CFLs of 10
inches or less and fluorescent electronic
ballasts not capable of dimming 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 February 1,
2013.
David T. Danielson,
Assistant Secretary, Energy Efficiency and
Renewable Energy, U.S. Department of
Energy.
Editorial Note: This document was
received at the Office of the Federal Register
August 7, 2013.
[FR Doc. 2013–19488 Filed 8–9–13; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
Office of Energy Efficiency and
Renewable Energy
mstockstill on DSK4VPTVN1PROD with NOTICES
Nationwide Categorical Waivers 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 Waivers.
AGENCY:
The U.S. Department of
Energy (DOE) is hereby granting a
nationwide limited waiver of the Buy
American requirements of section 1605
SUMMARY:
VerDate Mar<15>2010
14:51 Aug 09, 2013
Jkt 229001
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) Energy-efficient
impeller (N-impeller) to retrofit existing
Flygt pumps, and (2) Expansion Module
Assembly to repair existing Johnson
Controls Lab and Hood Fume Interface
with Phoenix Controls Hood (where
utilization of an American made module
assembly would require replacement of
the existing system).
DATES: Effective Date: 07/18/2012.
FOR FURTHER INFORMATION CONTACT:
Christine Platt-Patrick, Office of Energy
Efficiency and Renewable Energy
(EERE), (202) 586–7691, 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
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 Assistant
Secretary, EERE, has concluded that: (1)
Energy-efficient impellers (N-impeller)
to retrofit existing Flygt pumps; (2)
Expansion module assemblies to repair
existing Johnson Controls lab and hood
fume interface with Phoenix Controls
hood (where utilization of an American
made module assembly would require
replacement of the existing system); (3)
magnetic ballasts for HID retrofits; and
(4) direct line voltage, color-changing
architectural LED flood lighting fixtures,
color-changing architectural LED cove
lighting products, white LED line
voltage architectural cove lighting
fixtures, exterior, LED color-changing
direct view lighting fixtures, and
multicolor DMX–512 LED wash and
array lights for architectural lighting, are
not produced or manufactured in the
United States in sufficient and
reasonably available quantities and of a
PO 00000
Frm 00012
Fmt 4703
Sfmt 4703
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.
The EERE Buy American Coordinator
worked with 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 these scouting efforts.
EERE’s research efforts confirmed 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 the items have been
unsuccessful.
Specific technical information for the
manufactured goods included in this
non-availability determination is
detailed below:
Energy-efficient impeller (N-impeller)
to retrofit existing Flygt pumps. The
impeller was specifically designed to fit
and be compatible with the existing
electric submersible pumps only
available from the existing pump’s
manufacturer. The components are a
cast iron N-technology, self-cleaning
E:\FR\FM\12AUN1.SGM
12AUN1
mstockstill on DSK4VPTVN1PROD with NOTICES
Federal Register / Vol. 78, No. 155 / Monday, August 12, 2013 / Notices
solids-handling pump impeller and cast
iron N-technology pump impeller insert
ring. The impeller is used to upgrade
the performance of the existing solidshandling pumps resulting in superior
non-clog operations and delivering
sustained high efficiency, resulting in
long-term, lower cost and energy
efficient operation. Utilization of an
American made N-Impeller would
require replacement of the entire
existing system.
Expansion module assemblies to
repair existing Johnson Controls lab and
hood fume interface with Phoenix
Controls hood. The components were
specifically designed to fit and be
compatible with the existing hood fume
system, utilization of an American made
module assembly would require
replacement of the entire existing
system.
Magnetic ballasts for HID retrofits.
Although electronic ballasts are widely
available from U.S. manufacturers, a
U.S. manufacturer of magnetic ballasts
was not identified through a thorough
search by EERE, MEP and several trade
groups.
Direct line voltage, color-changing
architectural LED flood lighting fixtures,
color-changing architectural LED cove
lighting products, white LED line
voltage architectural cove lighting
fixtures, exterior, LED color-changing
direct view lighting fixtures; and
multicolor DMX–512 LED wash and
array lights for architectural lighting.
The specific types of LED fixtures,
used in architectural lighting, are not
available from domestic manufacturers.
MEP and EERE identified a number of
U.S. LED manufacturers, but none that
produce items for this application.
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) Energy-efficient impellers (Nimpeller) to retrofit existing Flygt
pumps; (2) Expansion module
assemblies to repair existing Johnson
Controls lab and hood fume interface
with Phoenix Controls hood (where
utilization of an American made module
assembly would require replacement of
the existing system); (3) magnetic
ballasts for HID retrofits; and (4) direct
line voltage, color-changing
architectural LED flood lighting fixtures,
color-changing architectural LED cove
lighting products, white LED line
voltage architectural cove lighting
fixtures, exterior, LED color-changing
direct view lighting fixtures, and
VerDate Mar<15>2010
14:51 Aug 09, 2013
Jkt 229001
multicolor DMX–512 LED wash and
array lights for architectural lighting.
Having established a proper
justification based on domestic
nonavailability, EERE hereby provides
notice that on July 18, 2012, four (4)
nationwide categorical waiver of section
1605 of the Recovery Act was issued as
detailed supra. This notice constitutes
the detailed written justification
required by Section 1605(c) for waivers
based on a finding under subsection (b).
This waiver determination is pursuant
to the delegation of authority by the
Secretary of Energy to the 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 18, 2012.
David T. Danielson,
Assistant Secretary, Energy Efficiency and
Renewable Energy, U.S. Department of
Energy.
Editorial Note: This document was
received at the Office of the Federal Register
August 7, 2013.
[FR Doc. 2013–19487 Filed 8–9–13; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
Office of Energy Efficiency and
Renewable Energy
Nationwide Categorical Waivers 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 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 small-horsepower (HP)
vertical hollow shaft (VHS) electric
motors (less than 40 HP) to be utilized
in Recovery Act projects funded by
EERE.
SUMMARY:
DATES:
Effective Date: 6/14/2013.
FOR FURTHER INFORMATION CONTACT:
Christine Platt-Patrick, Office of Energy
Efficiency and Renewable Energy
PO 00000
Frm 00013
Fmt 4703
Sfmt 4703
48867
(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
Energy Efficiency and Renewable
Energy (EERE), for EERE projects under
the Recovery Act, in Redelegation Order
No. 00–002.01F, dated October 31, 2012.
Pursuant to this delegation the Acting
Assistant Secretary, EERE, has
concluded that: small-horsepower (HP)
vertical hollow shaft (VHS) electric
motors (less than 40 HP) are not
produced or manufactured in the United
States in sufficient and reasonably
available quantities and of a satisfactory
quality. The above items, utilized in
Recovery Act projects funded by EERE,
qualify for the ‘‘nonavailability’’ waiver
determination at this time.
EERE has developed a robust process
to ascertain in a systematic and
expedient manner whether or not there
is domestic manufacturing capacity for
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.
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.
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.
E:\FR\FM\12AUN1.SGM
12AUN1
]]>Agencies
[Federal Register Volume 78, Number 155 (Monday, August 12, 2013)]
[Notices]
[Pages 48866-48867]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-19487]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
Nationwide Categorical Waivers 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 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) Energy-efficient impeller (N-impeller) to
retrofit existing Flygt pumps, and (2) Expansion Module Assembly to
repair existing Johnson Controls Lab and Hood Fume Interface with
Phoenix Controls Hood (where utilization of an American made module
assembly would require replacement of the existing system).
DATES: Effective Date: 07/18/2012.
FOR FURTHER INFORMATION CONTACT: Christine Platt-Patrick, Office of
Energy Efficiency and Renewable Energy (EERE), (202) 586-7691,
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 Assistant
Secretary, EERE, has concluded that: (1) Energy-efficient impellers (N-
impeller) to retrofit existing Flygt pumps; (2) Expansion module
assemblies to repair existing Johnson Controls lab and hood fume
interface with Phoenix Controls hood (where utilization of an American
made module assembly would require replacement of the existing system);
(3) magnetic ballasts for HID retrofits; and (4) direct line voltage,
color-changing architectural LED flood lighting fixtures, color-
changing architectural LED cove lighting products, white LED line
voltage architectural cove lighting fixtures, exterior, LED color-
changing direct view lighting fixtures, and multicolor DMX-512 LED wash
and array lights for architectural lighting, 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.
The EERE Buy American Coordinator worked with 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
these scouting efforts. EERE's research efforts confirmed 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 the items have been unsuccessful.
Specific technical information for the manufactured goods included
in this non-availability determination is detailed below:
Energy-efficient impeller (N-impeller) to retrofit existing Flygt
pumps. The impeller was specifically designed to fit and be compatible
with the existing electric submersible pumps only available from the
existing pump's manufacturer. The components are a cast iron N-
technology, self-cleaning
[[Page 48867]]
solids-handling pump impeller and cast iron N-technology pump impeller
insert ring. The impeller is used to upgrade the performance of the
existing solids-handling pumps resulting in superior non-clog
operations and delivering sustained high efficiency, resulting in long-
term, lower cost and energy efficient operation. Utilization of an
American made N-Impeller would require replacement of the entire
existing system.
Expansion module assemblies to repair existing Johnson Controls lab
and hood fume interface with Phoenix Controls hood. The components were
specifically designed to fit and be compatible with the existing hood
fume system, utilization of an American made module assembly would
require replacement of the entire existing system.
Magnetic ballasts for HID retrofits. Although electronic ballasts
are widely available from U.S. manufacturers, a U.S. manufacturer of
magnetic ballasts was not identified through a thorough search by EERE,
MEP and several trade groups.
Direct line voltage, color-changing architectural LED flood
lighting fixtures, color-changing architectural LED cove lighting
products, white LED line voltage architectural cove lighting fixtures,
exterior, LED color-changing direct view lighting fixtures; and
multicolor DMX-512 LED wash and array lights for architectural
lighting.
The specific types of LED fixtures, used in architectural lighting,
are not available from domestic manufacturers. MEP and EERE identified
a number of U.S. LED manufacturers, but none that produce items for
this application.
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) Energy-efficient impellers (N-
impeller) to retrofit existing Flygt pumps; (2) Expansion module
assemblies to repair existing Johnson Controls lab and hood fume
interface with Phoenix Controls hood (where utilization of an American
made module assembly would require replacement of the existing system);
(3) magnetic ballasts for HID retrofits; and (4) direct line voltage,
color-changing architectural LED flood lighting fixtures, color-
changing architectural LED cove lighting products, white LED line
voltage architectural cove lighting fixtures, exterior, LED color-
changing direct view lighting fixtures, and multicolor DMX-512 LED wash
and array lights for architectural lighting.
Having established a proper justification based on domestic
nonavailability, EERE hereby provides notice that on July 18, 2012,
four (4) nationwide categorical waiver of section 1605 of the Recovery
Act was issued as detailed supra. This notice constitutes the detailed
written justification required by Section 1605(c) for waivers based on
a finding under subsection (b).
This waiver determination is pursuant to the delegation of
authority by the Secretary of Energy to the 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 18, 2012.
David T. Danielson,
Assistant Secretary, Energy Efficiency and Renewable Energy, U.S.
Department of Energy.
Editorial Note: This document was received at the Office of the
Federal Register August 7, 2013.
[FR Doc. 2013-19487 Filed 8-9-13; 8:45 am]
BILLING CODE 6450-01-P
