Nationwide Categorical Waivers Under the American Recovery and Reinvestment Act of 2009 (Recovery Act), 48865-48866 [2013-19488]
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Federal Register / Vol. 78, No. 155 / Monday, August 12, 2013 / Notices
identified by MEP. Accordingly, the
City asked the Contractor to provide a
price proposal for a change order that
would accommodate the domestic units.
In order to accommodate the domestic
unit significant work would need to be
done to the roof and ductwork. This
work would include:
mstockstill on DSK4VPTVN1PROD with NOTICES
‘‘equipment curbs will be re-leveled using
sloped 4x lumber to match the original
rooftop duct work bottom layout and be
attached to the building structure. 4 of the
units will need to be set back to allow for the
hookup and transition to the existing duct
work. The roof portion from where the
existing equipment curb was will be properly
re-roofed. Some of the existing roof ductwork
will be demolished and disposed of properly
to allow for the hook up of new duct. All 8
units will get new rooftop duct transitions,
duct, fittings and duct supports to
accommodate the termination from the
existing roof duct work to the new HVAC
units and economizers. All utilities will be
extended to terminate on the new equipment.
The existing condensate system will be
reconfigured to terminate to the new
equipment. A/C #3 will have to have the
existing stub ups for the high & low voltage
relocated from the underside to
accommodate the new equipment curb
location and roofed in on completion.’’
(Contractor’s estimate, April 24, 2012)
The total cost of this additional work
would be approximately $29,770.00. The
total cost of the manufactured goods would
remain the same, $52,350.00. The additional
cost represents a 56.9% increase in total
project costs.
Section 176.110 of Title 2 of the Code of
Federal Regulations, entitled ‘‘Evaluating
proposals of foreign iron, steel, and/or
manufactured goods’’, states that if ‘‘the
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 HVAC is $52,350. The
total evaluated cost is $52,350 + (.25 ×
$52,350) or $65,437.50
The minimum cost for the project
with US products is $82,120, a cost
increase of 56%. In light of the
foregoing, and under the authority of
section 1605(b)(3) of Public Law No.
111–5 and the Re-delegation 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
VerDate Mar<15>2010
14:51 Aug 09, 2013
Jkt 229001
American provisions) to the California
Energy Commission, recipient of EECBG
grant EE0000905, for the installation of
a heating, ventilation, and air
conditioning (HVAC) system at the at
˜
the City of La Canada Flintridge City
Hall building. 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
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: Public Law 111–5, section 1605.
Issued in Washington, DC on September
12, 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. 2013–19477 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 Amended Limited
Waivers.
AGENCY:
The U.S. Department of
Energy (DOE) is hereby granting an
Amended Waiver of section 1605 of the
American Reinvestment and Recovery
Act of 2009 (Recovery Act Buy
American provisions) in EERE-funded
projects limiting the waiver issued
February 11, 2010 to plug in CFLs of 10
inches or less and fluorescent electronic
ballasts not capable of dimming.
DATES: Effective Date: 01/31/2013.
FOR FURTHER INFORMATION CONTACT:
Christine Platt-Patrick, Office of Energy
Efficiency and Renewable Energy
(EERE), (202) 586–7691, Department of
Energy, 1000 Independence Avenue
SUMMARY:
PO 00000
Frm 00011
Fmt 4703
Sfmt 4703
48865
SW., Mailstop EE–2K, Washington, DC
20585.
SUPPLEMENTARY INFORMATION: Under the
authority of 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.
On February 11, 2010, The Assistant
Secretary issued a nonavailability
waiver for fluorescent electronic
ballasts.
As with all waivers, the Assistant
Secretary reserved the right to revisit
and amend this determination based on
any changes in the manufacturing
landscape, such as the entry into the
market of new domestic manufacturers.
In this case, domestic manufacturers
have retooled manufacturing lines and
increased manufacturing capacity to the
United States, reducing costs associated
with producing dimmable fluorescent
electronic ballasts and complete
dimming systems including controls,
decreasing the price and broadening the
scope of domestically manufactured
systems available for purchase.
The remaining items covered by the
February 2010 Waiver (Plug in CFLs of
10 inches or less and fluorescent
electronic ballasts not capable of
dimming) continue to be covered by the
February 11, 2010 waiver and remain
subject to the specifications and
conditions of that waiver.
In order for the withdrawn waivers to
continue to apply substantial steps to
commit funds for the purchase of the
formerly waived items must have been
made on or before March 31, 2013.
Substantial steps to commit funds
would include, but are not limited to,
(1) issuing a Request for Proposals (RFP)
on or before March 31, 2013 (applicable
only where the grantee accepts a
proposal received under that RFP); (2)
in the case of a sole source selection:
placing an order for the goods on or
before March 31, 2013; (3) commencing
a bidding process on or before March
31, 2013; (4) in circumstances where the
grantee solicited quotes without an RFP:
the grantee purchases the goods based
on a quote dated on or before March 31,
E:\FR\FM\12AUN1.SGM
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48866
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
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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
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]]>Agencies
[Federal Register Volume 78, Number 155 (Monday, August 12, 2013)]
[Notices]
[Pages 48865-48866]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-19488]
-----------------------------------------------------------------------
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 Amended Limited Waivers.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Energy (DOE) is hereby granting an
Amended Waiver of section 1605 of the American Reinvestment and
Recovery Act of 2009 (Recovery Act Buy American provisions) in EERE-
funded projects limiting the waiver issued February 11, 2010 to plug in
CFLs of 10 inches or less and fluorescent electronic ballasts not
capable of dimming.
DATES: Effective Date: 01/31/2013.
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 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-
002.01F, dated October 31, 2012.
On February 11, 2010, The Assistant Secretary issued a
nonavailability waiver for fluorescent electronic ballasts.
As with all waivers, the Assistant Secretary reserved the right to
revisit and amend this determination based on any changes in the
manufacturing landscape, such as the entry into the market of new
domestic manufacturers. In this case, domestic manufacturers have
retooled manufacturing lines and increased manufacturing capacity to
the United States, reducing costs associated with producing dimmable
fluorescent electronic ballasts and complete dimming systems including
controls, decreasing the price and broadening the scope of domestically
manufactured systems available for purchase.
The remaining items covered by the February 2010 Waiver (Plug in
CFLs of 10 inches or less and fluorescent electronic ballasts not
capable of dimming) continue to be covered by the February 11, 2010
waiver and remain subject to the specifications and conditions of that
waiver.
In order for the withdrawn waivers to continue to apply substantial
steps to commit funds for the purchase of the formerly waived items
must have been made on or before March 31, 2013.
Substantial steps to commit funds would include, but are not
limited to, (1) issuing a Request for Proposals (RFP) on or before
March 31, 2013 (applicable only where the grantee accepts a proposal
received under that RFP); (2) in the case of a sole source selection:
placing an order for the goods on or before March 31, 2013; (3)
commencing a bidding process on or before March 31, 2013; (4) in
circumstances where the grantee solicited quotes without an RFP: the
grantee purchases the goods based on a quote dated on or before March
31,
[[Page 48866]]
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
