[Federal Register Volume 75, Number 227 (Friday, November 26, 2010)]
[Notices]
[Page 72822]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-29781]


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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.

ACTION: Notice of Limited Waivers.

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SUMMARY: The U.S. Department of Energy (DOE) is hereby issuing an 
Amended Determination of Inapplicability (waiver) of section 1605 of 
the American Reinvestment and Recovery Act of 2009 (Recovery Act Buy 
American provisions) to EERE-funded projects for LED traffic lights, 
arrows and crosswalk signals, as well as the adjacent wires and 
electronic parts necessary for the functionality of the lights 
themselves.
    This amendment withdraws the waiver issued on February 11, 2010 for 
LED traffic lights, arrows and crosswalk signals, as well as the 
adjacent wires and electronic parts necessary for the functionality of 
the lights themselves.

DATES: Effective Date: November 5, 2010.

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 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''). On September 17, 2010, the authority of 
the Secretary of Energy to make all inapplicability determinations was 
delegated to the Assistant Secretary for Energy Efficiency and 
Renewable Energy (EERE), for EERE projects under the Recovery Act.
    The Assistant Secretary reserves the right to revisit and amend 
these determinations, based upon a number of factors, including a 
change in the manufacturing landscape, such as the entry into the 
market of new domestic manufacturers.
    It has come to the attention of EERE that at least one manufacturer 
of LED traffic signals (including stop-lights, crosswalk lights and 
arrows) has recently relocated some of its manufacturing from Mexico 
back to the United States. These products are now manufactured in the 
United States of satisfactory quality and in reasonably available 
quantities to satisfy the project needs of EERE Recovery Act grant 
recipients.
    As a result, the Assistant Secretary has amended the February 11, 
2010 nonavailability waiver to withdraw LED traffic lights, arrows and 
cross walk signals and the adjacent wires and electronic parts 
necessary for the functionality of the lights themselves. These 
products are once again subject to the Buy American provisions. The 
waiver for LED traffic lights, arrows and cross walk signals (as well 
as the adjacent wires and electronic parts necessary for the 
functionality of the lights themselves), will be withdrawn effective 
December 1, 2010.
    The remaining items covered by the February 11, 2010 Waiver (Plug-
in CFLs of 10 inches or less and electronic ballasts for fluorescent 
lamps) continue to be covered by the February 11, 2010 waiver.
    In order for the February 11, 2010 waiver to continue to apply to 
LED traffic lights, arrows and crosswalk signals, as well as the 
adjacent wires and electronic parts necessary for the functionality of 
the lights themselves substantial steps to commit funds for the 
purchase of the LED traffic lights, arrows and cross walk signals or 
the adjacent wires and electronic parts necessary for the functionality 
of the lights themselves must have been made before December 1, 2010.
    Substantial steps to commit funds would include, but are not 
limited to, (1) issuing a Request for Proposals (RFP) on or before 
December 1, 2010 (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 December 1, 2010; (3) 
commencing a bidding process on or before December 1, 2010; (4) in 
circumstances where the grantee solicited quotes without an RFP: the 
grantee purchases the goods based on a quote dated on or before 
December 1, 2010 and the order for the goods is placed on or before 
December 1, 2010; or (5) grantee has executed a contract or purchase 
agreement with a supplier to acquire affected goods on or before 
December 1, 2010.
    Having established a proper justification for the withdrawal of a 
``nonavailability waiver'' based on domestic nonavailability, EERE 
hereby provides notice that on November 5, 2010 an amended nationwide 
categorical waiver of Section 1605 of the Recovery Act was issued as 
detailed supra. This amended nationwide categorical waiver withdraws 
the waiver issued on February 11, 2010 for LED traffic lights, arrows 
and crosswalk signals, as well as the adjacent wires and electronic 
parts necessary for the functionality of the lights themselves. This 
notice constitutes the detailed written justification required by 
Section 1605(c).
    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 her responsibility. Consequently, this waiver 
applies to EERE projects carried out under the Recovery Act.

    Authority:  Pub. L. 111-5, section 1605.

    Issued in Washington, DC on November 5, 2010.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy, U.S. 
Department of Energy.
[FR Doc. 2010-29781 Filed 11-24-10; 8:45 am]
BILLING CODE 6450-01-P