Nationwide Categorical Waivers Under Section 1605 (Buy American) of the American Recovery and Reinvestment Act of 2009 (Recovery Act), 10246-10247 [2010-4679]
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Federal Register / Vol. 75, No. 43 / Friday, March 5, 2010 / Notices
who will eFile a document and/or be
listed as a contact for an intervenor
must create and validate an
eRegistration account using the
eRegistration link. Select the eFiling
link to log on and submit the
intervention or protests.
Persons unable to file electronically
should submit an original and 14 copies
of the intervention or protest to the
Federal Energy Regulatory Commission,
888 First Street, NE., Washington, DC
20426.
The filings in the above-referenced
proceeding are accessible in the
Commission’s eLibrary system by
clicking on the appropriate link in the
above list. They are also available for
review in the Commission’s Public
Reference Room in Washington, DC.
There is an eSubscription link on the
Web site that enables subscribers to
receive e-mail notification when a
document is added to a subscribed
docket(s). For assistance with any FERC
Online service, please e-mail
FERCOnlineSupport@ferc.gov. or call
(866) 208–3676 (toll free). For TTY, call
(202) 502–8659.
Kimberly D. Bose,
Secretary.
[FR Doc. 2010–4619 Filed 3–4–10; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket No. ER10–769–000]
Glenwood Energy Partners, Ltd.;
Supplemental Notice That Initial
Market-Based Rate Filing Includes
Request for Blanket Section 204
Authorization
Notice is hereby given that the
deadline for filing protests with regard
to the applicant’s request for blanket
authorization, under 18 CFR part 34, of
future issuances of securities and
assumptions of liability, is March 17,
2010.
The Commission encourages
electronic submission of protests and
interventions in lieu of paper, using the
FERC Online links at https://
www.ferc.gov. To facilitate electronic
service, persons with Internet access
who will eFile a document and/or be
listed as a contact for an intervenor
must create and validate an
eRegistration account using the
eRegistration link. Select the eFiling
link to log on and submit the
intervention or protests.
Persons unable to file electronically
should submit an original and 14 copies
of the intervention or protest to the
Federal Energy Regulatory Commission,
888 First Street, NE., Washington, DC
20426.
The filings in the above-referenced
proceeding are accessible in the
Commission’s eLibrary system by
clicking on the appropriate link in the
above list. They are also available for
review in the Commission’s Public
Reference Room in Washington, DC.
There is an eSubscription link on the
Web site that enables subscribers to
receive e-mail notification when a
document is added to a subscribed
docket(s). For assistance with any FERC
Online service, please e-mail
FERCOnlineSupport@ferc.gov. or call
(866) 208–3676 (toll free). For TTY, call
(202) 502–8659.
Kimberly D. Bose,
Secretary.
[FR Doc. 2010–4609 Filed 3–4–10; 8:45 am]
BILLING CODE 6717–01–P
erowe on DSK5CLS3C1PROD with NOTICES
February 25, 2010.
This is a supplemental notice in the
above-referenced proceeding of
Glenwood Energy Partners, Ltd.’s
application for market-based rate
authority, with an accompanying rate
tariff, noting that such application
includes a request for blanket
authorization, under 18 CFR part 34, of
future issuances of securities and
assumptions of liability.
Any person desiring to intervene or to
protest should file with the Federal
Energy Regulatory Commission, 888
First Street, NE., Washington, DC 20426,
in accordance with Rules 211 and 214
of the Commission’s Rules of Practice
and Procedure (18 CFR 385.211 and
385.214). Anyone filing a motion to
intervene or protest must serve a copy
of that document on the Applicant.
VerDate Nov<24>2008
14:45 Mar 04, 2010
Jkt 220001
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
PO 00000
Frm 00043
Fmt 4703
Sfmt 4703
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
E:\FR\FM\05MRN1.SGM
05MRN1
erowe on DSK5CLS3C1PROD with NOTICES
Federal Register / Vol. 75, No. 43 / Friday, March 5, 2010 / Notices
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
VerDate Nov<24>2008
14:45 Mar 04, 2010
Jkt 220001
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 longterm 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:
https://www1.eere.energy.gov/recovery/
PO 00000
Frm 00044
Fmt 4703
Sfmt 9990
10247
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
E:\FR\FM\05MRN1.SGM
05MRN1
]]>Agencies
[Federal Register Volume 75, Number 43 (Friday, March 5, 2010)]
[Notices]
[Pages 10246-10247]
From the Federal Register Online via the Government Printing 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: https://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
