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[Federal Register Volume 78, Number 155 (Monday, August 12, 2013)]
[Notices]
[Pages 48866-48867]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-19487]

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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 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 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 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 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 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.
    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

[[Page 48867]]

solids-handling pump impeller and cast iron N-technology pump impeller 
insert ring. The impeller is used to upgrade the performance of the 
existing solids-handling pumps resulting in superior non-clog 
operations and delivering sustained high efficiency, resulting in long-
term, lower cost and energy efficient operation. Utilization of an 
American made N-Impeller would require replacement of the entire 
existing system.
    Expansion module assemblies to repair existing Johnson Controls lab 
and hood fume interface with Phoenix Controls hood. The components were 
specifically designed to fit and be compatible with the existing hood 
fume system, utilization of an American made module assembly would 
require replacement of the entire existing system.
    Magnetic ballasts for HID retrofits. Although electronic ballasts 
are widely available from U.S. manufacturers, a U.S. manufacturer of 
magnetic ballasts was not identified through a thorough search by EERE, 
MEP and several trade groups.
    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.
    The specific types of LED fixtures, used in architectural lighting, 
are not available from domestic manufacturers. MEP and EERE identified 
a number of U.S. LED manufacturers, but none that produce items for 
this application.
    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) 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.
    Having established a proper justification based on domestic 
nonavailability, EERE hereby provides notice that on July 18, 2012, 
four (4) nationwide categorical waiver of section 1605 of the Recovery 
Act was 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 July 18, 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. 2013-19487 Filed 8-9-13; 8:45 am]
BILLING CODE 6450-01-P
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