[Federal Register Volume 75, Number 43 (Friday, March 5, 2010)]
[Notices]
[Pages 10246-10247]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2010-4679]
-----------------------------------------------------------------------
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 (EERE), U.S.
Department of Energy (DOE).
ACTION: Notice.
-----------------------------------------------------------------------
SUMMARY: The Office of Energy Efficiency and Renewable Energy of the
U.S. Department of Energy hereby provides notice that on February 11,
2010, the Assistant Secretary for EERE granted nationwide categorical
waivers of the Buy American requirements of the American Recovery and
Reinvestment Act of 2009, Public Law 111-5 (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] for
the purchase of LED traffic lights, arrows, and crosswalk signals
(excluding the metal or plastic fixtures); fluorescent electronic
lighting ballasts (with the exception of electronic dimming ballasts
for fluorescent lamps that are capable of operating the lamps below 50
percent of their rated light output); and screw-base and pin-base
compact fluorescent lamps (CFLs) (with the exception of plug-in CFLs
longer than 10 inches). These nationwide categorical waivers apply to
all projects using EERE Recovery Act funds for the construction,
alteration, maintenance and repair of a public building or public work.
EERE reserves the right to revisit and amend these nationwide
categorical waivers based on new developments or changes in the
domestic manufacturing capacity for these three technologies.
DATES: Effective Date: February 11, 2010.
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: Section 1605 of the Recovery Act requires
that none of the appropriated funds may be used for the construction,
alteration, maintenance, or repair of a public building or public work
unless all of the iron, steel, and manufactured goods used in the
project are produced in the United States, or unless a waiver is
granted by the head of the Federal department or agency. A waiver may
be granted if the head of the Federal department or agency determines
that one of three listed exceptions applies: (1) The application of
Section 1605 requirements would be inconsistent with the public
interest; (2) the iron, steel, or relevant manufactured good is not
produced in the United States in sufficient and reasonably available
quantities and of a satisfactory quality; or (3) the cost of domestic
iron, steel, or relevant manufactured goods will increase the cost of
the overall project by more than 25 percent.
In accordance with Section 1605(c) of the Recovery Act and Section
176.80 of Title 2 of the Code of Federal
[[Page 10247]]
Regulations, DOE hereby provides notice that, pursuant to a delegation
of authority by the Secretary of Energy, dated November 10, 2009, the
Assistant Secretary, EERE, has granted three nationwide categorical
waivers of the requirements of Section 1605(b)(2) of the Recovery Act
for LED traffic lights, arrows, and crosswalk signals (excluding the
metal or plastic fixtures); fluorescent electronic lighting ballasts
(with the exception of electronic dimming ballasts for fluorescent
lamps that are capable of operating the lamps below 50 percent of their
rated light output); and screw-base and pin-base compact fluorescent
lamps (CFLs) (with the exception of plug-in CFLs longer than 10
inches). The Assistant Secretary, EERE, has determined that these three
categories of manufactured goods are not produced in the United States
in sufficient and reasonably available quantities and of a satisfactory
quality. The Assistant Secretary, EERE, reserves the right to revisit
and amend these nationwide categorical waivers based on new
developments or changes in the domestic manufacturing capacity for
these three technologies.
The domestic nonavailability determination for these three products
is based on extensive market research and a thorough investigation of
the domestic manufacturing landscape. This research revealed that these
three products are manufactured almost exclusively in China and Mexico.
EERE corresponded with a wide range of lighting industry
stakeholders, including the National Electrical Manufacturers
Association, three major lighting companies (GE, Osram Sylvania, and
Phillips), the IUE-CWA labor union, and many smaller lighting
manufacturers, in establishing the domestic nonavailability
determinations. The specific exceptions to these categorical waivers
(for electronic dimming ballasts and 10-inch and longer CFLs) are
evidence of the very detailed research effort undertaken to support the
formulation of these nonavailability determinations.
The nonavailability determination was also informed by the large
number of inquiries and petitions that EERE received from recipients of
EERE Recovery Act funds (``grantees''), suppliers, and trade
associations--all stating that their individual efforts to locate
domestic manufacturers had been unsuccessful.
The purpose of the Recovery Act is to stimulate economic recovery
in part by funding current infrastructure construction, not to delay
projects that are ``shovel ready,'' or otherwise valid, by requiring
grantees to revise their specifications or choose a different, more
costly, or less energy efficient project. The absence of a waiver of
section 1605 for these three categories of manufactured goods would
result in unreasonable delay for the project and would directly
conflict with a fundamental economic purpose of Recovery Act, which is
to create or retain jobs.
The installation of LED traffic lights, arrows, and crosswalk
signals, fluorescent electronic lighting ballasts, and CFLs is a proven
strategy to achieve impressive energy savings, reduce energy
expenditures, and to create immediate jobs in the building,
construction, and electrical trades. All three of these attributes can
support near-term economic recovery and long-term sustainability in
diverse locations across the country. Hence, the installation of LED
traffic lights, arrows, and crosswalk signals, fluorescent electronic
lighting ballasts, and CFLs is a popular use of Recovery Act funds by
EERE grantees, and any further delay in granting nationwide categorical
waivers for these three technologies would unjustifiably impede the
ability of these meritorious projects to move forward.
Finally, EERE is implementing a strategy that involves
collaborating with multiple stakeholders in the manufacturing community
to disseminate technical specifications for hard-to-find products to
ascertain whether or not there are any domestic manufacturers for these
products. This strategy will ensure that all future determinations of
nonavailability are developed through a thorough, transparent, and
expedited process. However, while this larger strategy is unfolding, it
is critical to move forward with the nationwide categorical waivers for
these three manufactured goods, where domestic nonavailability has been
ascertained and is currently impeding the progress of numerous Recovery
Act projects funded by EERE.
The specific products detailed below are excluded from the
nationwide categorical waivers because some domestic manufacturing
capacity does exist. If an EERE grantee believes that the excluded
products are not available for its Recovery Act project in sufficient
and reasonably available commercial quantities of a satisfactory
quality in the timeframe required by their project, the grantee can
submit a specific waiver request to EERE using the established channels
and format outlined in 2 CFR 176.140(c) and 176.160(c); and summarized
in guidance available on the EERE Buy American Web page: http://www1.eere.energy.gov/recovery/pdfs/eere_program_guidance_buy_american.pdf.
(1) Electronic dimming ballasts for fluorescent lamps.
Electronic dimming ballasts for fluorescent lamps that are capable
of operating the lamps below 50 percent of their rated light output.
(2) Plug-In CFLs longer than 10 inches.
CFLs greater than 10 inches in length have a 4-pin base and are
rated from 18 to 27 watts. They are available in a range of color
temperatures and are used, for example, in facilities, offices,
warehouses and display cases. Lengths range from 10.5 in (266.7 mm) to
22.5 in (571.5 mm). Rated life ranges from 10,000 to 20,000 hours.
(3) Traffic light fixtures (also referred to as the ``housing'' or
``shell'').
The nationwide categorical waiver for LED traffic lights, arrows,
and crosswalk signals covers the LED lights and any adjacent wires and
electronic parts necessary for the functionality of the lights
themselves; but excludes the metal or plastic fixtures (also referred
to as the ``housing'' or ``shell'').
Having established a proper justification based on domestic
nonavailability, EERE hereby provides notice that on February 11, 2010,
three nationwide categorical waivers of section 1605 of the Recovery
Act were issued for LED traffic lights, arrows, and crosswalk signals;
fluorescent electronic lighting ballasts (with the exception of
electronic dimming ballasts for fluorescent lamps that are capable of
operating the lamps below 50 percent of their rated light output); and
screw-base and pin-base compact fluorescent lamps (with the exception
of plug-in CFLs longer than 10 inches). This SUPPLEMENTARY INFORMATION
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 her responsibility. Consequently, this waiver
applies to EERE projects carried out under the Recovery Act.
Authority: Pub. L. 111-5, section 1605.
Dated: February 22, 2010.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy.
[FR Doc. 2010-4679 Filed 3-4-10; 8:45 am]
BILLING CODE 6450-01-P