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[Federal Register Volume 76, Number 100 (Tuesday, May 24, 2011)]
[Notices]
[Pages 30146-30147]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-12719]

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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.

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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: (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

[[Page 30147]]

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 September 17, 2010, 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: (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 qualify for the 
``nonavailability'' waiver determination.
    EERE has developed a rigorous 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 determination.
    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 twelve products 
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. The MEP reported that their scouting process did not 
locate any domestic manufacturers for the exact items needed to meet 
the product specifications required by the EERE grant recipient.
    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 each item contained in this 
waiver. EERE also conducted significant amounts of independent research 
to supplement MEP's scouting efforts, including utilizing technology 
experts employed by the Department of Energy or 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 numerous 
inquiries 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 have 
been unsuccessful.
    Having established a proper justification based on domestic 
nonavailability, EERE hereby provides notice that on March 21, 2011, 
twelve 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 her 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 April 15, 2011.
Henry Kelly,
Acting Assistant Secretary, Energy Efficiency and Renewable Energy, 
U.S. Department of Energy.
[FR Doc. 2011-12719 Filed 5-23-11; 8:45 am]
BILLING CODE 6450-01-P
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