[Federal Register Volume 76, Number 35 (Tuesday, February 22, 2011)]
[Notices]
[Pages 9767-9768]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-3850]


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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.

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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 (1) two-stage, steam heated 
absorption chillers rated at 500-1,500 tons; (2) single wall evacuated 
tube collectors for solar thermal systems (when used in an educational 
context for the purposes of comparing relative efficiency of solar 
thermal technologies); (3) 2-ton adsorption chillers (for educational 
purposes, or where alternative technologies are not serviceable); (4) 
LED Lamp and controller for studio lights in a television broadcast 
studio (where a CRI (Color Rendition Index) sufficient to render 
accurate flesh tones and natural colors and a precise color tuning 
control to dial in exact color temperature for accurate colors under 
multiple lighting setups are required); (5) Global Positioning System 
(GPS) Time Source Modules (to serve as direct communication link 
between a county or city's Traffic Management System (TMS) and the 
Caltrans Traffic Signal Management and Surveillance System (CTNET)); 
and (6) elongated wall-hung rear spud toilets (bowl and hardware) that 
will be used on eligible EERE Recovery Act-funded projects.

DATES: Effective Date: January 12, 2011.

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 the 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

[[Page 9768]]

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 re-
delegated to the Assistant Secretary for Energy Efficiency and 
Renewable Energy (EERE), for EERE projects under the Recovery Act. 
Pursuant to this delegation the Assistant Secretary, EERE, has 
concluded that (1) two-stage, steam heated absorption chillers rated at 
500-1500 tons; (2) single wall evacuated tube collectors for solar 
thermal systems (when used in an educational context for the purposes 
of comparing relative efficiency of solar thermal technologies); (3) 2-
ton adsorption chillers (for educational purposes, or where alternative 
technologies are not serviceable); (4) LED Lamp and controller for 
studio lights in a television broadcast studio (where a CRI (Color 
Rendition Index) sufficient to render accurate flesh tones and natural 
colors and a precise color tuning control to dial in exact color 
temperature for accurate colors under multiple lighting setups are 
required); (5) Global Positioning System (GPS) Time Source Modules (to 
serve as direct communication link between a county or city's Traffic 
Management System (TMS) and the Caltrans Traffic Signal Management and 
Surveillance System (CTNET)); and (6) elongated wall-hung rear spud 
toilets (bowl and hardware) that will be used on eligible EERE Recovery 
Act-funded projects qualify for the ``nonavailability'' waiver 
determination.
    EERE has developed a rigorous 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 determination.
    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.
    Upon receipt of completed waiver requests for the six products in 
the current waiver, EERE reviewed the information provided and 
submitted the relevant technical information to the NIST 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 the exact items needed to meet 
the product specifications required by the EERE grant recipient.
    In addition to the MEP collaboration outlined above, the EERE Buy 
American Coordinator worked with labor unions, trade associations and 
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 technology 
experts employed by the Department of Energy or 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 numerous 
inquiries 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 have 
been unsuccessful.
    Having established a proper justification based on domestic 
nonavailability, EERE hereby provides notice that on January 12, 2011, 
six 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 her 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 January 19, 2011.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy, U.S. 
Department of Energy.
[FR Doc. 2011-3850 Filed 2-18-11; 8:45 am]
BILLING CODE 6450-01-P