47566 Federal Register / Vol. 76, No. 151 / Friday, August 5, 2011 / Notices 

services listed below from nonprofit 

agencies employing persons who are 

blind or have other severe disabilities. 

Regulatory Flexibility Act Certification 

I certify that the following action will 

not have a significant impact on a 

substantial number of small entities. 

The major factors considered for this 

certification were: 

1. If approved, the action will not 

result in any additional reporting, 

recordkeeping or other compliance 

requirements for small entities other 

than the small organizations that will 

provide the services to the Government. 

2. If approved, the action will result 

in authorizing small entities provide the 

services to the Government. 

3. There are no known regulatory 

alternatives which would accomplish 

the objectives of the Javits-WagnerO’Day Act (41 U.S.C. 46–48c) in 

connection with the services proposed 

for addition to the Procurement List. 

Comments on this certification are 

invited. Commenters should identify the 

statement(s) underlying the certification 

on which they are providing additional 

information. 

End of Certification 

The following services are proposed 

for addition to Procurement List for 

production by the nonprofit agencies 

listed: 

Services 

Service Type/Locations: Grounds 

Maintenance, National Weather Service 

Weather Forecast Office, 587 Aero Drive, 

Buffalo, NY, National Weather Service 

Weather Forecast Office, Radar Data 

Acquisition, Site, 3 North Airport Drive, 

Cheektowaga, NY, National Weather 

Service Weather Forecast Office, UpperAir Observatory, Amherst Villa Road, 

Cheektowaga, NY. 

NPA: Suburban Adult Services, Inc., Elma, 

NY. 

Contracting Activity: Dept of Commerce, 

National Oceanic and Atmospheric 

Administration, Norfolk, VA. 

Service Type/Location: Transient Aircraft 

Services, Moody AFB, GA. 

NPA: Training, Rehabilitation, & 

Development Institute, Inc., San 

Antonio, TX. 

Contracting Activity: Dept of the Air Force, 

FA4830 23 Cons CC, Moody AFB, GA. 

Barry S. Lineback, 

Director, Business Operations. 

[FR Doc. 2011–19884 Filed 8–4–11; 8:45 am] 

BILLING CODE 6353–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

Agency Information Collection 

Extension; Correction 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, U.S. Department of 

Energy. 

ACTION: Notice and Request for 

comments; Correction. 

SUMMARY: The Department of Energy 

(DOE) published a document in the 

Federal Register of May 24, 2011, 

pursuant to the Paperwork Reduction 

Act of 1995), announcing its intention to 

extend for three years, an information 

collection request with the Office of 

Management and Budget (OMB). This 

document corrects an error in that 

notice. 

FOR FURTHER INFORMATION CONTACT: 

Benjamin Goldstein, Buy American 

Coordinator, Office of Energy Efficiency 

and Renewable Energy (EERE), 

Department of Energy, 1000 

Independence Avenue, SW., Mailstop 

EE–2K, Washington, DC 20585 or by 

e-mail at BuyAmerican@ee.doe.gov. 

Correction 

In the Federal Register of Tuesday, 

May 24, 2011, in FR Doc. 2011–12718, 

please make the following correction: 

On page 30143, under the heading 

SUPPLEMENTARY INFORMATION, (1) should 

read OMB No.: 1910–5152. 

Issued in Washington, DC, on July 8, 2011. 

Henry Kelly, 

Acting Assistant Secretary EERE, U.S. 

Department of Energy. 

[FR Doc. 2011–19886 Filed 8–4–11; 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 Recovery Act projects 

funded by EERE for: (1) 2–10 

horsepower, self contained, sensorless, 

variable speed pumps; (2) bi-directional 

bicycle counters; (3) 28W, 30W, and 

60W 360 degree LED bulbs for retrofits 

of HPS streetlights; (4) bathroom 

ventilation fans with a built in 

occupancy sensors; (5) solar 

thermosiphon water heating systems 

certified by FSEC; (6) 40 Ton, factoryassembled, indirect-fired absorption 

chillers; (7) premium efficiency electric 

drive submersible pump motors (motors 

only, not pumps themselves); and (8) 

flush-to-handrail LED lighting systems. 

DATES: Effective Date: July 8, 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 

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. 00.00201E, 

dated April 25, 2011. Pursuant to this 

delegation the Assistant Secretary, 

EERE, has concluded that: (1) 2–10 

horsepower, self contained, sensorless, 

variable speed pumps; (2) bi-directional 

bicycle counters; (3) 28W, 30W, and 

60W 360 degree LED bulbs for retrofits 

of HPS streetlights; (4) bathroom 

ventilation fans with a built in 

occupancy sensors; (5) solar 

thermosiphon water heating systems 

certified by FSEC; (6) 40 Ton, factoryassembled, indirect-fired absorption 

chillers; (7) premium efficiency electric 

drive submersible pump motors (motors 

only, not pumps themselves); and (8) 

flush-to-handrail LED lighting systems. 

EERE has developed a robust process 

to ascertain in a systematic and 

expedient manner whether or not there 

is domestic manufacturing capacity for 


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Federal Register / Vol. 76, No. 151 / Friday, August 5, 2011 / Notices 47567 

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 Americanmade products rather than granting a 

waiver. 

Upon receipt of completed waiver 

requests for the eight (8) 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) 2–10 Horsepower, Self Contained, 

Sensorless, Variable Speed Pumps 

This pump does not require costly 

pressure and flow transmitters to 

maintain a constant pressure in a city 

water system at flow rates from almost 

zero to about 60 gpm. The pump to be 

used in the requesting project is a low 

horsepower (5 hp), sensorless, constant 

pressure pump with an integrated 

variable speed motor controller. 

Extensive contacts with pump 

distributors and Web research did not 

result in the identification of an 

American producer of this type pump 

technology, nor was the National Energy 

Technology Laboratory (NETL) or MEP 

able to locate a pump of this type 

manufactured in the United States. 

(2) Bidirectional Bicycle Counters 

There are no products made in the 

United States that meet the basic criteria 

needed for the requesting project. The 

basic needs for a bicycle counter are: 

weatherproofing, battery operation, 

capability to detect and store time in a 

24 hour period, store one year of data 

and store data on the counter after 

retrieval, provision of directional data, 

modem connectivity and download, no 

speed restrictions on capturing data. 

Traffic counters made in the USA are 

designed for automobile counting—not 

for bicycle counting. In addition to MEP 

DOE reached out to a number of bicycle 

advocacy organizations, trade groups 

and communities with extensive bike 

lane and trail systems. No U.S. products 

were identified as a result of this search. 

(3) 28W, 30W, and 60W 360 Degree LED 

Bulbs for Retrofits of HPS Streetlights 

These bulbs provide 360 degrees of 

illumination, and are used in the retrofit 

of 360 illuminating street, walkway, 

carriage and parking lot fixtures. This 

waiver does not include the retrofit of 

cobrahead streetlights, for which there 

are domestic manufacturers. This 

waiver is as a result of multiple waiver 

applications from separate grantees. 

Although several companies have 

demonstrated interest in manufacturing 

these bulbs, none are yet manufacturing 

domestically. 

(4) Bathroom Ventilation Fans With 

Built In Occupancy Sensors 

These fans provide continual low 

discharge exhaust ventilation, and upon 

occupancy or motion in the bathroom 

area, the discharge exhaust ventilation 

increases automatically, returning to 

continuous low exhaust when motion is 

no longer present, nor are there 

domestically-manufactured fans 

available that meet the specifications 

and requirements of the Rhode Island 

building code requirements for multifamily public housing and the 

requirements included in RI WAP ECM 

pages 12–13. 

(5) Solar Thermosiphon Water Heating 

Systems Certified by FSEC 

Under Florida Statutes 377.705, all 

solar thermal systems sold and installed 

within the state of Florida must have the 

certification of the Florida Solar Energy 

Center (FSEC). FSEC is the recognized 

testing, rating and certification agency 

in the U.S. for solar thermal and solar 

photovoltaic systems. At this time, no 

domestic manufacturers of solar 

thermosiphon systems have been 

certified through FSEC. The certification 

process is too lengthy for any U.S. 

manufacturer to become certified within 

the remainder of the Recovery Act 

spending period. This waiver for solar 

thermosiphon water heaters applies 

only to projects in the State of Florida, 

and is specifically for a demonstration 

project that will analyze the advantages 

and dis-advantages of both direct 

circulation and thermosiphon systems 

for this type of application in Florida 

going forward. This comparison will 

assist U.S. manufacturers in analyzing 

the market for both technologies in the 

state. 

(6) 40 Ton, Factory-Assembled, 

Indirect-Fired Absorption Chillers 

In addition to MEP, DOE worked with 

the ENERGY STAR program and 

reached out to a number of trade 

organizations, including ASHRAE. No 

U.S. products were identified as a result 

of these search efforts. 

(7) Premium Efficiency Electric Drive 

Submersible Pump Motors (15–30hp) 

EERE and MEP identified a number of 

U.S. manufacturers producing the 

pumps needed for the requesting 

project. However, the motors that 

operate the pumps are not available 

domestically. These pumps must be 

heavy duty wet wound of NEMA design, 

capable of continuous operation under 

water at the conditions specified in the 

project design and suitable for use on a 

three phase, 60 cycle electrical service. 

(8) Flush-to-Handrail Electric LED 

Lighting Systems 

Extensive effort was expended by the 

grantee, MEP and DOE to find a similar 

product manufactured in the U.S. In 

addition, alternative solutions to this 

type of system that would provide 

lighting of the area were considered. No 

domestic options were found. The 


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47568 Federal Register / Vol. 76, No. 151 / Friday, August 5, 2011 / Notices 

handrail LED lighting system is unique 

to one manufacturer, and there is 

nothing comparable that is 

manufactured in the U.S. In light of the 

foregoing, and under the authority of 

section 1605(b)(2) of Public Law 111–5 

and Redelegation Order 00–002–01D, 

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) 2–10 

horsepower, self contained, sensorless, 

variable speed pumps; (2) bi-directional 

bicycle counters; (3) 28W, 30W, and 

60W 360 degree LED bulbs for retrofits 

of HPS streetlights; (4) bathroom 

ventilation fans with a built in 

occupancy sensors; (5) solar 

thermosiphon water heating systems 

certified by FSEC; (6) 40 Ton, factoryassembled, indirect-fired absorption 

chillers; (7) premium efficiency electric 

drive submersible pump motors (motors 

only, not pumps themselves); and (8) 

flush-to-handrail LED lighting systems. 

This waiver determination is pursuant 

to the delegation of authority by the 

Secretary of Energy to the Acting 

Assistant Secretary for Energy Efficiency 

and Renewable Energy with respect to 

expenditures within the purview of his 

responsibility. Consequently, this 

waiver applies only to EERE projects 

carried out under the Recovery Act. 

Having established a proper 

justification based on domestic 

nonavailability, EERE hereby provides 

notice that on July 08, 2011, eight 

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 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 8, 2011. 

Henry Kelly, 

Acting Assistant Secretary, Energy Efficiency 

and Renewable Energy, U.S. Department of 

Energy. 

[FR Doc. 2011–19882 Filed 8–4–11; 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: five kilowatt (5kW) and 

fifty kilowatt (50kW) wind turbines for 

use on eligible EERE-Recovery Act 

funded projects. 

DATES: Effective Date: July 8, 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 

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 April 25, 

2011, 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: 

five kilowatt (5kW) and fifty kilowatt 

(50kW) wind turbines qualify for the 

‘‘nonavailability’’ waiver determination 

when utilized in eligible EERE Recovery 

Act-funded projects where the wind 

resource and needs of the project 

require such size. 

While there are US manufacturers of 

turbines appropriate for the needs of the 

great majority of EERE funded wind 

projects, there are currently no US 

manufacturers of five kilowatt (5kW) or 

fifty kilowatt (50kW) turbines. 

The EERE Buy American Coordinator 

has worked with many manufacturing 

stakeholders to scout for domestic 

manufacturing capacity or an equivalent 

product for each item contained in this 

waiver. This included the Small Wind 

Manufacturing Council, the Distributed 

Wind Energy Association, and the 

American Wind Energy Association. 

EERE also conducted significant 

amounts of independent research, 

including utilizing the small wind 

experts employed by the Department of 

Energy’s National Renewable Energy 

Laboratory. In addition, this 

nonavailability determination is 

informed by the many 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 five kilowatt (5kW) 

and fifty kilowatt (50kW) turbines have 

been unsuccessful. 

For all Recovery Act Buy American 

waiver requests, EERE also employs a 

comprehensive process to ascertain in a 

systematic and expedient manner 

whether or not there is domestic 

manufacturing capacity for the items 

submitted for a waiver. 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 Americanmade products rather than granting a 

waiver. 

Upon receipt of completed waiver 

requests for the two 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 


erowe on DSKG8SOYB1PROD with NOTICES