[Federal Register Volume 77, Number 67 (Friday, April 6, 2012)]
[Notices]
[Pages 20806-20807]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-8329]
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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 Recovery Act projects
funded by EERE for pre-insulated district heating pipe system
consisting of thin wall thickness steel pipe meeting the EN13941
standard, bonded to polyurethane foam insulation, bonded to an HDPE
jacket, such that all the components operate as a single pipe
(including two 1.5 mm squared area copper wires embedded in the
insulation for leak detection and location); pre-insulated steel
fittings with the same characteristics as the pre-insulated pipe; and
pre-insulated maintenance free ball valves with an all welded valve
body and a stainless steel valve ball in a spring loaded teflon seat,
having the same insulation and jacket characteristics as the pipe.
DATES: Effective Date: 03/27/2012.
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. 00-002.01E,
dated April 25, 2011. Pursuant to this delegation the Acting Assistant
Secretary, EERE, has concluded that: Pre-insulated district heating
pipe system consisting of thin wall thickness steel pipe meeting the
EN13941 standard, bonded to polyurethane foam insulation, bonded to an
HDPE jacket, such that all the components operate as a single pipe
(including two 1.5 mm squared area copper wires embedded in the
insulation for leak detection and location); pre-insulated steel
fittings with the same characteristics as the pre-insulated pipe; and
pre-insulated maintenance free ball valves with an all welded valve
body and a stainless steel valve ball in a spring loaded teflon seat,
having the same insulation and jacket characteristics as the pipe, is
not produced or manufactured in the United States in sufficient and
reasonably available quantities and of a satisfactory quality. The
above item, when used on eligible EERE Recovery Act-funded projects,
qualifies for the ``nonavailability'' waiver determination.
EERE has developed a robust process to ascertain in a systematic
and expedient manner whether or not there is domestic manufacturing
capacity for 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,
[[Page 20807]]
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 product in this
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 good included in this waiver is 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 the item have been unsuccessful.
Specific technical information for the manufactured goods included
in this non-availability determination is detailed below:
Pre-insulated district heating pipe system consisting of thin wall
thickness steel pipe meeting the EN13941 standard, bonded to
polyurethane foam insulation, bonded to an HDPE jacket, such that all
the components operate as a single pipe (including two 1.5 mm squared
area copper wires embedded in the insulation for leak detection and
location); pre-insulated steel fittings with the same characteristics
as the pre-insulated pipe; and pre-insulated maintenance free ball
valves with an all welded valve body and a stainless steel valve ball
in a spring loaded teflon seat, having the same insulation and jacket
characteristics as the pipe.
Pre-insulated hot water district energy piping manufactured as a
system to meet quality standards (EN Standards, ISO 9001, and ISO
14001) that test all aspects of the individual components (insulation
cell structure/water absorption/compression resistance) plus ensure
compliance of the finished system to five rigorous tests: axial and
tangential shear strength, aged shear strength, creep and impact
resistance. This degree of diligence is not imposed on thermal
distribution piping manufactured as individual parts, and as a result
products produced as a system to meet the above referenced standards
better predict overall long term behavior of the system under sustained
high temperature, resulting in lower life cycle cost and greater system
efficiency. Because there is not a US manufacturer who makes a complete
system, the components (pre-insulated valves, fittings, bends, etc.) of
a hot water district energy system, have not been tested together to
ensure that the entire system behaves in the same manner.
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: Pre-insulated district heating pipe system
consisting of thin wall thickness steel pipe meeting the EN13941
standard, bonded to polyurethane foam insulation, bonded to an HDPE
jacket, such that all the components operate as a single pipe
(including two 1.5 mm squared area copper wires embedded in the
insulation for leak detection and location); pre-insulated steel
fittings with the same characteristics as the pre-insulated pipe; and
pre-insulated maintenance free ball valves with an all welded valve
body and a stainless steel valve ball in a spring loaded teflon seat,
having the same insulation and jacket characteristics as the pipe.
Having established a proper justification based on domestic
nonavailability, EERE hereby provides notice that on March 27, 2012,
one (1) nationwide categorical waiver 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 March 27, 2012.
Henry Kelly,
Acting Assistant Secretary, Energy Efficiency and Renewable Energy,
U.S. Department of Energy.
[FR Doc. 2012-8329 Filed 4-5-12; 8:45 am]
BILLING CODE 6450-01-P