Nationwide Limited Public Interest Waivers Under Section 1605 (Buy American) of the American Recovery and Reinvestment Act of 2009 (Recovery Act), 14592-14593 [2010-6720]
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Federal Register / Vol. 75, No. 58 / Friday, March 26, 2010 / Notices
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DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket No. ER10–853–000]
Dynamic PL, Inc.; Supplemental Notice
That Initial Market-Based Rate Filing
Includes Request for Blanket Section
204 Authorization
emcdonald on DSK2BSOYB1PROD with NOTICES
This is a supplemental notice in the
above-referenced proceeding of
Dynamic PL, Inc’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.
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 April 8,
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 St., 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
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There is an eSubscription link on the
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document is added to a subscribed
dockets(s). For assistance with any
15:23 Mar 25, 2010
[FR Doc. 2010–6681 Filed 3–25–10; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF ENERGY
March 19, 2010.
VerDate Nov<24>2008
Kimberly D. Bose,
Secretary.
Jkt 220001
Office of Energy Efficiency and
Renewable Energy
Nationwide Limited Public Interest
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, U.S. Department of
Energy (DOE).
ACTION: Notice of limited waivers.
SUMMARY: The Office of Energy
Efficiency and Renewable Energy
(EERE) of the U.S. Department of Energy
hereby provides notice that on March
19, 2010, the Assistant Secretary for
EERE granted nationwide limited
waivers of the Buy American
requirements of the American Recovery
and Reinvestment Act of 2009 (Recovery
Act; Pub. L. 111–5) under the authority
of section 1605(b)(1) [application of the
restrictions of section 1605 would be
inconsistent with the public interest] for
the purchase of light-emitting diode
LED lighting (lamps, fixtures, and any
supporting components) and heating,
ventilation and air conditioning (HVAC)
units. These nationwide limited waivers
apply to projects using EERE Recovery
Act funds for the construction,
alteration, maintenance and repair of a
public building or public work. These
limited waivers only apply in
circumstances where the recipient of
EERE Recovery Act funds (‘‘grantee’’)
has taken substantial steps to commit
funds for the purchase of LED lights or
HVAC units between February 17, 2009
and March 31, 2010. Substantial steps to
commit funds would include, but are
not limited to: (1) issuing a Request for
Proposals (RFP) on or before March 31,
2010 (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 March 31, 2010; (3)
commencing a bidding process on or
before March 31, 2010; (4) in
circumstances where the grantee
solicited quotes without an RFP: the
grantee purchases the goods based on a
quote dated on or before March 31, 2010
PO 00000
Frm 00038
Fmt 4703
Sfmt 4703
and the order for the goods is placed on
or before March 31, 2010; and (5)
grantee has executed a contract or
purchase agreement with a supplier to
acquire affected goods between
February 17, 2009 and March 31, 2010.
On March 31, 2010, these limited
waivers of Buy American provisions
will expire, with the exception of LED
traffic lights, arrows, and crosswalk
signals, which are covered by a
nationwide categorical waiver based on
domestic nonavailability issued on
February 11, 2010. After March 31,
2010, EERE grantees are required to
procure LED lighting and HVAC units
from domestic manufacturers in
accordance with the Recovery Act Buy
American provisions.
DATES: Effective Date: March 19, 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 prohibits the
use of recovery funds 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
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 limited
nationwide waivers of the requirements
of Section 1605 of the Recovery Act for
LED lighting (lamps, fixtures, and any
supporting components) and heating,
ventilation and air conditioning (HVAC)
units in circumstances where the
recipient of EERE Recovery Act funds
(‘‘grantee’’) has taken substantial steps to
E:\FR\FM\26MRN1.SGM
26MRN1
emcdonald on DSK2BSOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 58 / Friday, March 26, 2010 / Notices
commit funds for the purchase of LED
lights or HVAC units between February
17, 2009 and March 31, 2010. Under the
authority of section 1605(b)(1) of the
Recovery Act, the Assistant Secretary,
EERE, has determined that the
application of section 1605
requirements in these circumstances
would be inconsistent with the public
interest.
The limited waivers for these two
categories of manufactured goods are
intended to resolve the confusion
surrounding the characterization of LED
lights and HVAC units as ‘‘supply’’
items, and thus not subject to the
Recovery Act Buy American provisions.
The concept of the ‘‘supply’’ item has its
origins in the Buy American Act (41
U.S.C. 10a–10d) and the Federal
Acquisition Regulation (FAR), neither of
which applies to section 1605 of the
Recovery Act. The concept of a ‘‘supply’’
item has no significance in the context
of section 1605 (the Buy American
provisions) of the Recovery Act. The
Buy American provisions apply to all
iron, steel, and manufactured goods
used for a project funded by Recovery
Act appropriations for the construction,
alteration, maintenance, or repair of a
public building or public work.
However, there is no requirement with
regard to the origin of components or
subcomponents in manufactured goods
used in the project, as long as the
manufacturing occurs in the United
States (2 CFR 176.70).
However, it is understandable that a
general lack of familiarity with the Buy
American provisions would lead
Recovery Act stakeholders to reference
a similar set of procurement
regulations—such as those codified by
the FAR and Buy American Act—for
guidance in understanding and
interpreting section 1605 of the
Recovery Act. This confusion ultimately
led some recipients of EERE Recovery
Act funds to rely on the ‘‘supply’’ item
characterization to procure some LED
lighting products and HVAC units from
foreign manufacturers, without first
seeking and obtaining an official waiver
of section 1605 of the Recovery Act.
The purpose of the Recovery Act Buy
American provisions is to support
economic recovery by driving
investment into the domestic
manufacturing sector and recycling
Recovery Act dollars within the U.S.
economy. Given that the majority of
Recovery Act-related procurement for
EERE-funded projects has yet to occur,
the Buy American provisions still have
ample opportunity to fulfill their
purpose and potential. This nationwide
limited waiver being issued for LED
lighting and HVAC units is critical to
VerDate Nov<24>2008
15:23 Mar 25, 2010
Jkt 220001
resolving the existing confusion, clearly
elucidating the requirements of section
1605 of the Recovery Act, and moving
forward in a proactive manner.
To support this potential, facilitate
the implementation of section 1605 of
the Recovery Act, and ensure that
Recovery Act funds are deployed
expeditiously, EERE is operationalizing
a robust and proactive strategy to locate
domestic manufacturers for the hard-tofind products sought by grantees. This
strategy is outlined in a Request for
Information published in Federal
Register Vol. 75, No. 23 on Thursday,
February 4 (and posted on the EERE Buy
American Web page https://
www1.eere.energy.gov/recovery/
buy_american_provision.html), and
demonstrates EERE’s commitment to the
fulfillment of the economic and jobcreation potential of the Recovery Act
Buy American provisions.
Finally, the installation of LED lights
and more efficient HVAC units 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 locations across the
country. Hence, the installation of these
products has inherently supported the
goals of the Recovery Act and—as a
popular use of Recovery Act funds by
EERE grantees—will continue to do so
in the unambiguous regulatory
landscape made possible by this
nationwide limited waiver.
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: March 19, 2010.
Cathy Zoi,
Assistant Secretary for Energy Efficiency and
Renewable Energy, U.S. Department of
Energy.
[FR Doc. 2010–6720 Filed 3–25–10; 8:45 am]
BILLING CODE 6450–01–P
PO 00000
Frm 00039
Fmt 4703
Sfmt 4703
14593
ENVIRONMENTAL PROTECTION
AGENCY
[ER–FRL–8989–4]
Environmental Impact Statements and
Regulations; Availability of EPA
Comments
Availability of EPA comments
prepared pursuant to the Environmental
Review Process (ERP), under section
309 of the Clean Air Act and Section
102(2)(c) of the National Environmental
Policy Act as amended. Requests for
copies of EPA comments can be directed
to the Office of Federal Activities at
202–564–7146 or https://www.epa.gov/
compliance/nepa/. An explanation of
the ratings assigned to draft
environmental impact statements (EISs)
was published in FR dated July 17, 2009
(74 FR 34754).
Notice
In accordance with Section 309(a) of
the Clean Air Act, EPA is required to
make its comments on EISs issued by
other Federal agencies public.
Historically, EPA has met this mandate
by publishing weekly notices of
availability of EPA comments, which
includes a brief summary of EPA’s
comment letters, in the Federal
Register. Since February 2008, EPA has
been including its comment letters on
EISs on its Web site at: https://
www.epa.gov/compliance/nepa/
eisdata.html. Including the entire EIS
comment letters on the Web site
satisfies the Section 309(a) requirement
to make EPA’s comments on EISs
available to the public. Accordingly,
after March 31, 2010, EPA will
discontinue the publication of this
notice of availability of EPA comments
in the Federal Register.
Draft EISs
EIS No. 20090429, ERP No. D–IBR–
L39067–ID, Minidoka Dam Spillway
Replacement Project, To Prevent
Structural Failure of the Minidoka Dam
Spillway and Canal Headworks, Lake
Walcott, Minidoka County, ID.
Summary: EPA expressed
environmental concerns about water
quality impacts, the potential extent of
jurisdictional wetlands, and the extent
to which the wetlands below the dam
would be monitored and adaptively
managed. Rating EC1.
EIS No. 20090432, ERP No. D–NPS–
D65042–DC, National Mall Plan, To
Prepare a Long-Term Plan that will
Restore National Mall, Implementation,
Washington, DC.
Summary: EPA expressed
environmental concerns about impacts
E:\FR\FM\26MRN1.SGM
26MRN1
]]>Agencies
[Federal Register Volume 75, Number 58 (Friday, March 26, 2010)]
[Notices]
[Pages 14592-14593]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-6720]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
Nationwide Limited Public Interest 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, U.S.
Department of Energy (DOE).
ACTION: Notice of limited waivers.
-----------------------------------------------------------------------
SUMMARY: The Office of Energy Efficiency and Renewable Energy (EERE) of
the U.S. Department of Energy hereby provides notice that on March 19,
2010, the Assistant Secretary for EERE granted nationwide limited
waivers of the Buy American requirements of the American Recovery and
Reinvestment Act of 2009 (Recovery Act; Pub. L. 111-5) under the
authority of section 1605(b)(1) [application of the restrictions of
section 1605 would be inconsistent with the public interest] for the
purchase of light-emitting diode LED lighting (lamps, fixtures, and any
supporting components) and heating, ventilation and air conditioning
(HVAC) units. These nationwide limited waivers apply to projects using
EERE Recovery Act funds for the construction, alteration, maintenance
and repair of a public building or public work. These limited waivers
only apply in circumstances where the recipient of EERE Recovery Act
funds (``grantee'') has taken substantial steps to commit funds for the
purchase of LED lights or HVAC units between February 17, 2009 and
March 31, 2010. Substantial steps to commit funds would include, but
are not limited to: (1) issuing a Request for Proposals (RFP) on or
before March 31, 2010 (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 March 31, 2010;
(3) commencing a bidding process on or before March 31, 2010; (4) in
circumstances where the grantee solicited quotes without an RFP: the
grantee purchases the goods based on a quote dated on or before March
31, 2010 and the order for the goods is placed on or before March 31,
2010; and (5) grantee has executed a contract or purchase agreement
with a supplier to acquire affected goods between February 17, 2009 and
March 31, 2010.
On March 31, 2010, these limited waivers of Buy American provisions
will expire, with the exception of LED traffic lights, arrows, and
crosswalk signals, which are covered by a nationwide categorical waiver
based on domestic nonavailability issued on February 11, 2010. After
March 31, 2010, EERE grantees are required to procure LED lighting and
HVAC units from domestic manufacturers in accordance with the Recovery
Act Buy American provisions.
DATES: Effective Date: March 19, 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 prohibits
the use of recovery funds 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 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 limited nationwide waivers of the requirements of
Section 1605 of the Recovery Act for LED lighting (lamps, fixtures, and
any supporting components) and heating, ventilation and air
conditioning (HVAC) units in circumstances where the recipient of EERE
Recovery Act funds (``grantee'') has taken substantial steps to
[[Page 14593]]
commit funds for the purchase of LED lights or HVAC units between
February 17, 2009 and March 31, 2010. Under the authority of section
1605(b)(1) of the Recovery Act, the Assistant Secretary, EERE, has
determined that the application of section 1605 requirements in these
circumstances would be inconsistent with the public interest.
The limited waivers for these two categories of manufactured goods
are intended to resolve the confusion surrounding the characterization
of LED lights and HVAC units as ``supply'' items, and thus not subject
to the Recovery Act Buy American provisions. The concept of the
``supply'' item has its origins in the Buy American Act (41 U.S.C. 10a-
10d) and the Federal Acquisition Regulation (FAR), neither of which
applies to section 1605 of the Recovery Act. The concept of a
``supply'' item has no significance in the context of section 1605 (the
Buy American provisions) of the Recovery Act. The Buy American
provisions apply to all iron, steel, and manufactured goods used for a
project funded by Recovery Act appropriations for the construction,
alteration, maintenance, or repair of a public building or public work.
However, there is no requirement with regard to the origin of
components or subcomponents in manufactured goods used in the project,
as long as the manufacturing occurs in the United States (2 CFR
176.70).
However, it is understandable that a general lack of familiarity
with the Buy American provisions would lead Recovery Act stakeholders
to reference a similar set of procurement regulations--such as those
codified by the FAR and Buy American Act--for guidance in understanding
and interpreting section 1605 of the Recovery Act. This confusion
ultimately led some recipients of EERE Recovery Act funds to rely on
the ``supply'' item characterization to procure some LED lighting
products and HVAC units from foreign manufacturers, without first
seeking and obtaining an official waiver of section 1605 of the
Recovery Act.
The purpose of the Recovery Act Buy American provisions is to
support economic recovery by driving investment into the domestic
manufacturing sector and recycling Recovery Act dollars within the U.S.
economy. Given that the majority of Recovery Act-related procurement
for EERE-funded projects has yet to occur, the Buy American provisions
still have ample opportunity to fulfill their purpose and potential.
This nationwide limited waiver being issued for LED lighting and HVAC
units is critical to resolving the existing confusion, clearly
elucidating the requirements of section 1605 of the Recovery Act, and
moving forward in a proactive manner.
To support this potential, facilitate the implementation of section
1605 of the Recovery Act, and ensure that Recovery Act funds are
deployed expeditiously, EERE is operationalizing a robust and proactive
strategy to locate domestic manufacturers for the hard-to-find products
sought by grantees. This strategy is outlined in a Request for
Information published in Federal Register Vol. 75, No. 23 on Thursday,
February 4 (and posted on the EERE Buy American Web page https://www1.eere.energy.gov/recovery/buy_american_provision.html), and
demonstrates EERE's commitment to the fulfillment of the economic and
job-creation potential of the Recovery Act Buy American provisions.
Finally, the installation of LED lights and more efficient HVAC
units 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
locations across the country. Hence, the installation of these products
has inherently supported the goals of the Recovery Act and--as a
popular use of Recovery Act funds by EERE grantees--will continue to do
so in the unambiguous regulatory landscape made possible by this
nationwide limited waiver.
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: March 19, 2010.
Cathy Zoi,
Assistant Secretary for Energy Efficiency and Renewable Energy, U.S.
Department of Energy.
[FR Doc. 2010-6720 Filed 3-25-10; 8:45 am]
BILLING CODE 6450-01-P
