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. 

mstockstill on DSK4VPTVN1PROD with NOTICES

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 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. 

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 

mstockstill on DSK4VPTVN1PROD with NOTICES