### 48867 Federal Register / Vol. 78, No. 155 / Monday, August 12, 2013 / Notices

solids-handling pump impeller and cast iron N-technology pump impeller insert ring. The impeller is used to upgradethe 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 allinapplicability 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.


### 48868 Federal Register / Vol. 78, No. 155 / Monday, August 12, 2013 / Notices

Having established a proper justification based on domestic nonavailability, EERE hereby provides notice that on February 15, 2013, a nationwide categorical waiver of section 1605 of the Recovery Act was issued for small-horsepower (HP) vertical hollow shaft (VHS) electric motors (less than 40 HP) to be utilized in Recovery Act projects funded by EERE. 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 June 14,

2013.
David T. Danielson, Assistant Secretary, Energy Efficiency and Renewable Energy, U.S. Department of Energy.

[FR Doc. 2013–19490 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 Amended Limited

Waivers.

**SUMMARY :**  The U.S. Department of Energy (DOE) is hereby granting an
Amended Waiver of section 1605 of the American Reinvestment and Recovery Act of 2009 (Recovery Act Buy American provisions) in EERE-funded projects for LED tube lights to replace
T8/other 4 foot fluorescents.

**DATES :**  Effective Date: November 6,

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 Recovery Act, Pub. L. 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 allinapplicability 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.

On September 30, 2010, The Assistant Secretary issued a nonavailability waiver for LED tube lights to replace T8/
other 4 foot fluorescents.

As with all waivers, the Assistant Secretary reserved the right to revisit
and amend this determination based on any changes in the manufacturing landscape, such as the entry into the
market of new domestic manufacturers. In this case, domestic manufacturers have moved manufacturing capacity to the United States, broadening the scope of domestically manufactured LED lamps available for purchase.

The remaining items covered by the September 30, 2010 Waiver (motorized automatic two (2) wing revolving doors; self-contained photovoltaic LED area lighting systems; ultrasonic directional sensors and DC300 facility controllers for a parking guidance system; load management ripple control receivers for an existing load management system) continue to be covered by the September 30, 2010 waiver and remain subject to the specifications and
conditions of that waiver.

In order for the withdrawn waivers to continue to apply substantial steps to commit funds for the purchase of the formerly waived items must have been made on or before November 30, 2012.

Substantial steps to commit funds would include, but are not limited to, (1) Issuing a Request for Proposals (RFP) on or before November 30, 2012 (applicable only where the grantee accepts a proposal received under that RFP); (2) in the case of a sole source selection: placing an order for the goods on or before November 30, 2012; (3) commencing a bidding process on or before November 30, 2012; (4) in circumstances where the grantee solicited quotes without an RFP: the grantee purchases the goods based on a quote dated on or before November 30, 2012 and the order for the goods is placed on or before November 30, 2012; or (5) grantee has executed a contract or purchase agreement with a supplier to acquire affected goods on or before November 30, 2012.

EERE hereby provides notice that on November 6, 2012, an Amended Waiver
of section 1605 of the American Reinvestment and Recovery Act of 2009 (Recovery Act Buy American provisions) in EERE-funded projects for LED tube lights to replace T8/other 4
foot fluorescents.

This amendment withdraws the nonavailability waiver issued on September 30, 2010 for LED tube lights to replace T8/other 4 foot fluorescents.
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: Public Law 111–5, section

1605.

Issued in Washington, DC on November 20,

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. 2013–19476 Filed 8–9–13; 8:45 am]

**BILLING CODE 6450–01–P**

**ENVIRONMENTAL PROTECTION**
**AGENCY**

**[FRL–9846–6]**

**Proposed Cercla Administrative Cost Recovery Settlement; MassDOT,**  **MassDOT Route 1 Right-of-Way Site, Chelsea, MA** 

**AGENCY :**  Environmental Protection Agency (EPA).

**ACTION :**  Notice of proposed settlement; request for public comment.

**SUMMARY :**  In accordance with Section 122(h)(1) of the Comprehensive Environmental Response Compensation, and Liability Act, as amended (‘‘CERCLA’’), 42 U.S.C. 9622(h)(1),concerning the MassDOT Route 1 Rightof-Way Site in Chelsea, Massachusetts with the following Settling Party: Massachusetts Department of Transportation, Highway Division. The