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[Federal Register Volume 78, Number 155 (Monday, August 12, 2013)]
[Notices]
[Pages 48867-48868]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-19490]

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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.

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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 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 re-delegated to the Assistant 
Secretary for Energy Efficiency and Renewable Energy (EERE), for EERE 
projects under the Recovery Act, in Redelegation Order No. 00-002.01F, 
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.

[[Page 48868]]

    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
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