[Federal Register Volume 77, Number 202 (Thursday, October 18, 2012)]
[Notices]
[Pages 64112-64113]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2012-25636]
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DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
Nationwide Categorical Waivers of the American Recovery and
Reinvestment Act
AGENCY: Office of Energy Efficiency and Renewable Energy, U.S.
Department of Energy (DOE).
ACTION: Notice of Amended Limited Waivers.
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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 (1) Enphase microinverters and (2) pre-insulated
district heating pipe systems.
This amendment withdraws the nonavailability waiver issued on
August 11, 2010 for Enphase micro-inverters, and the nonavailability
waiver issued March 27, 2012 for pre-insulated district heating pipe
systems.
DATES: Effective Date: October 3, 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, 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.
On August 11, 2010, The Assistant Secretary issued a
nonavailability waiver for Enphase micro-inverters. On March 27, 2012
the Assistant Secretary issued a nonavailability waiver for pre-
insulated district heating pipe systems 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
[[Page 64113]]
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.
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.
The remaining items covered by the February 11, 2010 Waiver (24-
leaf, motorized DMX iris units, induction lamps and ballasts,
commercial-scale high efficiency condensing boilers with indirect water
heaters, large-format solar thermal collectors for integrated district
heating systems, and turbochargers for Mitsubishi/Man 52/55B diesel
generator engines) continue to be covered by the August 11, 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 October 31, 2012.
Substantial steps to commit funds would include, but are not
limited to, (1) issuing a Request for Proposals (RFP) on or before
October 31, 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 October 31, 2012; (3)
commencing a bidding process on or before October 31, 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 October
31, 2012 and the order for the goods is placed on or before October 31,
2012; or (5) grantee has executed a contract or purchase agreement with
a supplier to acquire affected goods on or before October 31, 2012.
EERE hereby provides notice that on October 3, 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
(1) Enphase microinverters and (2) pre-insulated district heating pipe
systems.
This amendment withdraws the nonavailability waiver issued on
August 11, 2010 for Enphase micro-inverters, and the nonavailability
waiver issued March 27, 2012 for pre-insulated district heating pipe
systems. 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 October 9, 2012.
David T. Danielson,
Assistant Secretary, Energy Efficiency and Renewable Energy, U.S.
Department of Energy.
[FR Doc. 2012-25636 Filed 10-17-12; 8:45 am]
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