Federal Register / Vol. 76, No. 100 / Tuesday, May 24, 2011 / Notices 30145 

supporting jobs in the domestic 

manufacturing and construction 

industries. It is therefore in the public 

interest to issue a waiver of the 

Recovery Act Buy American provisions 

that allows this project to utilize 

Recovery Act award funds. 

Under the authority of the Recovery 

Act, section 1605(b)(1), the head of a 

Federal department or agency may issue 

a ‘‘determination of inapplicability’’ (a 

waiver of the Buy American provisions) 

if the application of section 1605 would 

be inconsistent with the public interest. 

On September 17, 2010, the Secretary of 

Energy re-delegated the authority to 

make all inapplicability determinations 

to the Assistant Secretary for Energy 

Efficiency and Renewable Energy, for 

EERE Recovery Act projects. 

In light of the foregoing, and under 

the authority of section 1605(b)(1) of 

Public Law 111–5 and the Re-delegation 

Order dated September 17, 2010, with 

respect to Recovery Act projects funded 

by EERE, on April 29, 2011 the Acting 

Assistant Secretary issued a 

‘‘determination of inapplicability’’ (a 

waiver under the Recovery Act Buy 

American provisions) for the purchase 

of a GE Jenbacher JMC 320 gas 

reciprocating engine to be used in the 

Golden Triangle Regional Solid Waste 

Management Authority (GTR) landfill 

gas to energy project, sub award AR060– 

GT11–0111–0001 from the Mississippi 

State Energy Office, EECBG Award 

Recipient EE0000763. 

Authority: Public Law 111–5, section 

1605. 

Issued in Washington, DC, on April 29, 

2011. 

Henry Kelly, 

Acting Assistant Secretary for Energy 

Efficiency and Renewable Energy, U.S. 

Department of Energy. 

[FR Doc. 2011–12721 Filed 5–23–11; 8:45 am] 

BILLING CODE 6450–01–P 

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, or the 

relevant manufactured goods are not 

produced in the United States at a 

reasonable cost), with respect to 300 

Spanish Red Clay Tiles to be used on 

the Eagle Pass Library roof, a subgrantee of the Texas State Energy Office, 

recipient of EECBG grant EE0000893. 

DATES: Effective April 15, 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 Recovery Act, Public Law 

111–5, section 1605(b)(2), and its 

implementing requirements at 2 CFR 

176.80(a)(2), the head of a Federal 

department or agency may issue a 

‘‘determination of inapplicability’’ (a 

waiver of the Buy American provision) 

if the cost of domestic iron, steel, or 

relevant manufactured goods will 

increase the cost of the overall project 

by more than 25 percent. On September 

17, 2010, the Secretary of Energy 

delegated the authority to make all 

inapplicability determinations 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 

Spanish Red Clay Tiles needed for the 

Eagle Pass Library Roofing project that 

are domestically manufactured will 

increase the cost of the overall project 

by more than 25 percent, and thus the 

6300 Spanish Red Clay Tiles to be used 

in this project qualify for the 

‘‘unreasonable cost’’ 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 or unreasonable cost 

determinations. 

The NIST 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 Americanmade products rather than granting a 

waiver. Upon receipt of completed 

waiver requests for the product 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. 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 the Spanish Red 

Clay Tiles contained in this waiver. 

EERE also conducted significant 

amounts of independent research to 

supplement MEP’s scouting efforts. 

As a result of EERE’s efforts and 

MEP’s scouting process, quotes were 

obtained from four (4) domestic 

manufacturers to produce this item. 

Those quotes are reflected in the prices 

cited infra, and support the finding that 

this item, if purchased domestically, 

will increase the total project cost by 

more than 25%. This ‘‘unreasonable 

cost’’ waiver is for Spanish Red Clay 

Tiles to replace a 100-year-old Spanish 

Tile roof on the Eagle Pass Library in 

Eagle Pass Texas (at one time the Eagle 

Pass Post-Office). The original tile was 

produced in the city of Piedras Negras, 

Mexico. The tile is made of clay, and is 

still made today in the same manner as 

it was when the library was built 100 

years ago. 

The tile roof being installed on the 

Eagle Pass Library building will last 75 

years, and be lighter in color than the 

current roof because of the deterioration 

and discoloration that has occurred to 

the existing roof tiles over time. 

Additionally, it will be installed in a 

manner to allow air to flow from eave 

to pinnacle, reflecting heat back into the 

atmosphere, rather than down into the 

building itself. Since the tiles are 

installed individually, rather than in 

sheets or in overlapping style, the 

natural airspace around the tiles creates 

natural ventilation that provides a 

thermal barrier for heat transfer to the 

roof deck. This can assist in the 

movement of the peak load demands by 

several hours. 

Eagle Pass Library is designated as a 

Recorded Texas Historic Landmark 


jlentini on DSK4TPTVN1PROD with NOTICES
30146 Federal Register / Vol. 76, No. 100 / Tuesday, May 24, 2011 / Notices 

(RHTL) (under the name Eagle Pass Post 

Office). RTHLs are at least 50 years old 

and judged worthy of preservation for 

both architectural and historical 

significance. Buildings with this 

designation display an official Texas 

historical marker. 

It is regulated that RTHLs retain their 

basic historical integrity and property 

owners are required to notify the Texas 

Historic Commission (THC) at least 60 

days before beginning a project that will 

affect the exterior of a RTHL. 

Notification includes a cover letter 

describing the scope of work, current 

overall photographs and close-up 

photographs of the areas requiring 

repair; drawings, specifications, and a 

proposal from a contractor may also be 

required. Staff responds within 30 days, 

either allowing work to proceed if it 

complies with the Standards for 

Rehabilitation or recommending other 

alternatives to consider. 

Compliance with the Texas Secretary 

of the Interior’s Standards for 

Rehabilitation (Texas Government Code, 

Chapter 442, Section 442.006(f)), 

requires that deteriorated or damaged 

historic building components be 

replaced in-kind, that is with matching 

materials. In the case of the Eagle Pass 

Post Office/Library, the clay tile roof is 

a character-defining feature and 

replacement with matching clay tile is 

the only material that complies with the 

Standards. As a result of these 

Standards the tile on the roof of the 

Eagle Pass Library must be replaced 

with like tile. This tile is available from 

Piedras Negras, Mexico for $1.31 per 

piece, and the project requires 6300 

tiles. The prices quoted from domestic 

manufacturers who could produce the 

equivalent red clay tiles; in part because 

they would have to produce molds from 

scratch for the tiles, and would have to 

ship substantially greater distances; 

were between $18 and $24 per tile. All 

of the prices listed above are per tile and 

are the total cost including shipping and 

development of the mold where 

applicable. 

The roof replacement was bid out 

separately from other projects which 

include Recovery Act funds, and is the 

only work being done on this public 

building. Therefore, it fits the definition 

of a ‘‘project’’ and the total cost of the 

roof replacement is equal to the total 

project cost. 

2 CFR 176.110, titled ‘‘Evaluating 

proposals of foreign iron, steel, and/or 

manufactured goods’’, states that if ‘‘the 

award official receives a request for an 

exception based on the cost of certain 

domestic iron, steel, and/or 

manufactured goods being 

unreasonable, in accordance with 

§ 176.80, then the award official shall 

apply evaluation factors to the proposal 

to use such foreign iron, steel, and/or 

manufactured goods’’ Per that section, 

the total evaluated cost = project cost 

estimate + (.25 × project cost estimate). 

The total cost of the project with the 

tiles from Piedras Negras is $71,040. 

The total evaluated cost is $71,400 + 

(.25 × $71,400) or $92,625. 

The minimum cost for the project 

with US tiles is $176,187, a cost 

increase of 148%. Thus, the Spanish 

Red Clay Tiles needed for this project 

that are domestically manufactured will 

increase the cost of the overall project 

by more than 25 percent. 

Having established a proper 

justification based on unreasonable cost, 

EERE hereby provides notice that on 

April 15, 2011, a project-specific 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 Acting 

Assistant Secretary for EERE with 

respect to expenditures within the 

purview of his responsibility. 

Consequently, this waiver applies only 

to EERE projects carried out under the 

Recovery Act; and only to this project 

specifically, waiver requests, even for 

the same or similar items, will be 

handled individually, because 

individual factors apply to each project. 

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

Issued in Washington, DC, on April 15, 

2011. 

Henry Kelly, 

Acting Assistant Secretary, Energy Efficiency 

and Renewable Energy, U.S. Department of 

Energy. 

[FR Doc. 2011–12717 Filed 5–23–11; 8:45 am] 

BILLING CODE 6450–01–P 

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 

sufficient and reasonably available 

quantities and of a satisfactory quality), 

with respect to: (1) 400 to 750 watt 

micro hydro-turbines meeting the 

specifications detailed below; (2) Oil 

fired direct vent space heaters for use in 

buildings that do not have ducts or 

piping for boiler heating systems; (3) 

ENERGY STAR rated electric heat pump 

water heaters and ENERGY STAR rated 

through-the-wall air conditioners; (4) 

Grid tied solar inverters of 800W or less, 

for applications where the panels 

generate 139VDC or less (not including 

micro-inverters); (5) 50 hp TEFC 

inverter duty motors for use in an 

existing Marley cooling tower; (6) 

Geothermal heat pumps for 

demonstration scale waste heat 

geothermal systems that allow the direct 

use of untreated wastewater to heat and 

cool commercial buildings; (7) Point to 

point/point to multi-point electronic 

broadband microwave radio systems 

with alignment tone and IE browser 

interface; (8) LED luminaires for 

roadway illumination with customized 

filter application to meet specific 

lighting requirements of Mauna Kea 

observatory; (9) Compressed Natural Gas 

(CNG) compressors, able to provide 

3600 psi (248 bar) temperature 

compensated CNG supply to fast fill 

storage and fueling dispensers, efficient 

and adaptable to a small fleet 

(approximately 5 vehicles), as well as 

the wireless remote shut down controls 

(transmitters and receivers) for those 

CNG systems; (10) 8000W solar 

inverters for use with U.S. 

manufactured 315W panels; (11) 

Electronically commutated motor (ECM) 

type inline pumps; and (12) Inverters 

that permit optimal output of four (4) or 

more types of modules per array 

connected to inverter that will be used 

on eligible EERE-Recovery Act funded 

projects. 

DATES: Effective April 15, 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 


jlentini on DSK4TPTVN1PROD with NOTICES