[Federal Register Volume 76, Number 175 (Friday, September 9, 2011)]
[Notices]
[Pages 55890-55892]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-23076]


-----------------------------------------------------------------------

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

[[Page 55891]]

sufficient and reasonably available quantities and of a satisfactory 
quality), with respect to Recovery Act projects funded by EERE for: (1) 
Class 125 Iron (6'', 8'' and 12'') Ball Valves (Standard: Mss SP-72, 
CWP Rating: 200 psig, Ends: flanged, Seats: PTFE or TFE; ASTM A126); 
(2) Low Temperature Thermostat (range of 15-55 Fahrenheit, automatic 
reset); (3) Two-stage, steam heated absorption chillers rated at 450 
tons; and (4) 4 Watt 325 lumen dock lamp LED replacement bulbs.

DATES: Effective Date: August 2, 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 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) Class 125 Iron (6'', 8'' and 
12'') Ball Valves (Standard: Mss SP-72, CWP Rating: 200 psig, Ends: 
flanged, Seats: PTFE or TFE; ASTM A126); (2) Low Temperature Thermostat 
(range of 15-55 Fahrenheit, automatic reset); (3) Two-stage, steam 
heated absorption chillers rated at 450 tons; and (4) 4 Watt 325 lumen 
dock lamp LED replacement bulbs 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.
    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) Class 125 Iron (6'', 8'' and 12'') Ball Valves (Standard: Mss 
SP-72, CWP Rating: 200 psig, Ends: Flanged, Seats: PTFE or TFE).
    Neither MEP nor DOE was able to locate US made ball valves that 
meet project specifications because there are no US manufacturers of 
ball valves with the specified cast iron (ASTM A126), specific to valve 
pressure parts, pipe fittings, and flanges.
    (2) Low Temperature Thermostat (range of 15-55 Fahrenheit, 
automatic reset).
    This expands a waiver granted in November 2010 to include 
thermostats with a manual reset. There were no US manufacturers located 
by DOE, MEP or a number of trade groups. The electric low temperature 
detection thermostats are especially suited for sensing low temperature 
conditions to avoid freeze-up of hydronic heating coils, cooling coils, 
liquid heating pipes and similar applications. Typically, the switch 
opens an electrical circuit to stop the supply fan motor when the 
temperature at the sensing element falls below the setting of the 
instrument.
    (3) Two-stage, steam heated absorption chillers rated at 450 tons.
    There are US manufacturers of chillers, however, not that meet 
these specifications. MEP, DOE and a number of trade organizations were 
unable to locate a domestic manufacturer.
    (4) 4 Watt 325 lumen dock lamp LED replacement bulbs.
    The bulb is designed to fit into existing dock lighting sockets, 
but utilizes high efficiency LEDs rather than the existing bulb 
technology. MEP and DOE were unable to locate any other manufacturer 
making a compatible bulb, other than the foreign manufacturer proposed 
by the applying grantee.
    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) Class 125 Iron (6'', 8'' and 12'') 
Ball Valves (Standard: Mss SP-72, CWP Rating: 200 psig, Ends: flanged, 
Seats: PTFE or TFE; ASTM A126); (2) Low Temperature Thermostat (range 
of 15-55 Fahrenheit, automatic reset); (3) Two-stage, steam heated 
absorption chillers rated at 450 tons; and (4) 4 Watt 325 lumen dock 
lamp LED replacement bulbs.
    Having established a proper justification based on domestic 
nonavailability, EERE hereby provides notice that on August 2, 2011, 
four (4) nationwide categorical waivers of

[[Page 55892]]

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.

    Issued in Washington, DC on August 2, 2011.
Henry Kelly,
Acting Assistant Secretary, Energy Efficiency and Renewable Energy, 
U.S. Department of Energy.
[FR Doc. 2011-23076 Filed 9-8-11; 8:45 am]
BILLING CODE 6450-01-P