48866 Federal Register / Vol. 78, No. 155 / Monday, August 12, 2013 / Notices 

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 

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. 

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 redelegated 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 Americanmade 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 

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Federal Register / Vol. 78, No. 155 / Monday, August 12, 2013 / Notices 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 solidshandling 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 (Nimpeller) 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 

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. 

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 small-horsepower (HP) 

vertical hollow shaft (VHS) electric 

motors (less than 40 HP) to be utilized 

in Recovery Act projects funded by 

EERE. 

DATES: Effective Date: 6/14/2013. 

FOR FURTHER INFORMATION CONTACT: 

Christine Platt-Patrick, 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 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 redelegated 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. 

Pursuant to this delegation the Acting 

Assistant Secretary, EERE, has 

concluded that: small-horsepower (HP) 

vertical hollow shaft (VHS) electric 

motors (less than 40 HP) are not 

produced or manufactured in the United 

States in sufficient and reasonably 

available quantities and of a satisfactory 

quality. The above items, utilized in 

Recovery Act projects funded by EERE, 

qualify for the ‘‘nonavailability’’ waiver 

determination at this time. 

EERE has developed a robust process 

to ascertain in a systematic and 

expedient manner whether or not there 

is domestic manufacturing capacity for 

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. 

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. 

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. 

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