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[Federal Register Volume 76, Number 151 (Friday, August 5, 2011)]
[Notices]
[Pages 47566-47568]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-19882]

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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 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, 
factory-assembled, 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, factory-assembled, 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

[[Page 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 American-made 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 multi-
family 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

[[Page 47568]]

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, 
factory-assembled, 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
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