[Federal Register Volume 78, Number 155 (Monday, August 12, 2013)]
[Notices]
[Pages 48865-48866]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-19488]


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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.

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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