Nationwide Categorical Waivers Under Section 1605 (Buy American) of the American Recovery and Reinvestment Act of 2009 (Recovery Act), 65012-65013 [2010-26507]
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Federal Register / Vol. 75, No. 203 / Thursday, October 21, 2010 / Notices
an increase in the number of companies
that produce solar PV modules in the
United States containing domesticallymanufactured cells.
This amended public interest waiver
determination also resolves questions
regarding the applicability of the Buy
American provisions to numerous
individual manufactured goods that are
incidental in cost and technological
significance but are ultimately
incorporated into the final solar
installation. These items, including, but
not limited to, charge controllers,
combiners and disconnect boxes,
breakers and fuses, racks, trackers, lugs,
wires, and cables—but excluding
inverters and batteries—are generally
low-cost incidental items that are
incorporated into the installation of PV
modules and arrays on public buildings
and public works. This public interest
waiver for all incidental and ancillary
items eliminates potential questions and
ambiguities concerning whether the
incidental items are final manufactured
goods or merely components of a larger
solar module, installation or array.
Issuance of this nationwide public
interest waiver recognizes EERE’s
commitment to expeditious costing of
Recovery Act dollars by enabling
recipients to easily ascertain whether a
given solar installation complies with
the Buy American provision.
Simultaneously, this waiver advances
the purpose and the principles of the
Buy American provision by focusing on
the highest-value and most laborintensive pieces of solar PV equipment.
In light of the foregoing, and under
the authority of section 1605(b)(1) of
Public Law 111–5 and Redelegation
Order 00–002–01C, dated November 10,
2009, with respect to Recovery Act
projects funded by EERE, the Assistant
Secretary hereby issues an amended
‘‘determination of inapplicability’’ (a
waiver under the Recovery Act Buy
American provisions) for the following
items: (1) Domestically-manufactured
modules containing foreignmanufactured cells, (2) foreignmanufactured modules, when
completely comprised of domesticallymanufactured cells, and (3) any
ancillary items and equipment
(including, but not limited to, charge
controllers, combiners and disconnect
boxes, breakers and fuses, racks,
trackers, lugs, wires, cables and all
otherwise incidental equipment with
the exception of inverters and batteries)
when utilized in a solar installation
involving a U.S. manufactured PV
module, or a module manufactured
abroad but comprised exclusively of
domestically-manufactured cells. This
waiver expires February 6, 2011 (six
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17:24 Oct 20, 2010
Jkt 223001
months from the date of the original
waiver issuance). Recipients of EERE
Recovery Act funds who have taken
substantial steps to commit funds for
the purchase of the items covered in this
waiver by February 6, 2011 will not be
impacted by the expiration of this
waiver. Furthermore, the Assistant
Secretary reserves the right to revisit
and amend this determination based on
new information or new developments.
Authority: Public Law 111–5, section 1605.
Issued in Washington, DC, on September
30, 2010.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and
Renewable Energy, U.S. Department of
Energy.
[FR Doc. 2010–26518 Filed 10–20–10; 8:45 am]
BILLING CODE 6450–01–P
(202) 502–8333 or
shana.murray@ferc.gov.
Kimberly D. Bose,
Secretary.
[FR Doc. 2010–26479 Filed 10–20–10; 8:45 am]
BILLING CODE 6717–01–P
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)
Office of Energy Efficiency and
Renewable Energy, U.S. Department of
Energy (DOE).
ACTION: Notice of limited waivers.
AGENCY:
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: (1) Motorized automatic
two wing revolving doors that open via
the motor upon a fire alarm to
accommodate smoke evacuation, retract
to full open position under Fire Alarm
status and remain in the open position
until the alarm is cleared, are compliant
with the Americans with Disabilities
Act, and possess both sliding and
swinging door that allows entry/exit
through the sliding doors while the
revolving section is being serviced; (2)
self-contained photovoltaic LED area
lighting systems with a non-corrosive,
stainless steel, powder-coated antiweathering shell, that do not succumb
to the sail effect, possess flat plate lens
optics with directional lamp lens, dark
sky capability, and full cutoff
conformity; (3) ultrasonic directional
sensors and DC300 facility controllers
for a parking guidance system which
integrates with American designed
intelligent parking guidance system
software allowing real-time updates to a
central location and via the Internet; (4)
load Management Ripple Control
Receivers for an existing load
management system; and (5) LED tube
lights to replace T8 fluorescents that
meet the April 2010 DOE recommended
performance specifications that will be
used on eligible EERE-Recovery Act
funded projects.
DATES: Effective Date: September 30,
2010.
SUMMARY:
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket No. AD09–9–000]
Small Hydropower Development in the
United States; Notice of Small/LowImpact Hydropower Webinar
October 13, 2010.
The Federal Energy Regulatory
Commission will host a Small/LowImpact Hydropower Webinar on
November 10, 2010, from 12 noon to 1
p.m. Eastern Time. The webinar will be
open to the public and advance
registration is required.
The purpose of this webinar is to
introduce the new Small/Low-Impact
Hydropower Program website and walk
participants through all phases of the
licensing and exemption processes
using the Web site. Specifically, the
webinar will provide the opportunity
for participants to learn about the small
hydropower licensing process, find out
how to get more information and
assistance from FERC, and ask
questions.
To register for this webinar, please go
to https://www.ferc.gov/whats-new/
registration/hydro-form-11-10-10.asp.
Space is limited to the first 98
reservations. Once registered, you will
receive a confirmation e-mail containing
information about joining the webinar a
few days prior to the start of the
webinar.
For more information about this
webinar, please contact Shana Murray at
PO 00000
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Federal Register / Vol. 75, No. 203 / Thursday, October 21, 2010 / Notices
jlentini on DSKJ8SOYB1PROD with NOTICES
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: Under the
authority of the 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’’). On
November 10, 2009, the Secretary of
Energy delegated the authority to make
all inapplicability determinations to the
Assistant Secretary for Energy Efficiency
and Renewable Energy (EERE), for EERE
projects under the Recovery Act.
Pursuant to this delegation the Assistant
Secretary, EERE, has concluded that (1)
motorized automatic two wing revolving
doors that open via the motor upon a
fire alarm to accommodate smoke
evacuation, retract to full open position
under Fire Alarm status and remain in
the open position until the alarm is
cleared, are compliant with the
Americans with Disabilities Act, and
possess both sliding and swinging door
that allows entry/exit through the
sliding doors while the revolving
section is being serviced; (2) selfcontained photovoltaic LED area
lighting systems with a non-corrosive,
stainless steel, powder-coated antiweathering shell, that do not succumb
to the sail effect, possess flat plate lens
optics with directional lamp lens, dark
sky capability, and full cutoff
conformity; (3) ultrasonic directional
sensors and DC300 facility controllers
for a parking guidance system which
integrates with American designed
intelligent parking guidance system
software allowing real-time updates to a
central location and via the Internet; (4)
Load Management Ripple Control
Receivers for an existing load
management system; and (5) LED tube
lights to replace T8 fluorescents that
meet the April 2010 DOE recommended
performance specifications, available at
https://apps1.eere.energy.gov/buildings/
publications/pdfs/ssl/t8_replacementlamps.pdf that will be used on eligible
EERE-Recovery Act funded projects
qualify for the ‘‘nonavailability’’ waiver
determination.
EERE has developed a robust process
to ascertain in a systematic and
VerDate Mar<15>2010
17:24 Oct 20, 2010
Jkt 223001
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.
The NIST 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,
in those cases, EERE was able to work
with the grantees to procure Americanmade products rather than granting a
waiver.
Upon receipt of completed waiver
requests for the five products in the
current waiver, EERE reviewed the
information provided and submitted the
relevant technical information to the
NIST MEP. The MEP then used their
network of nationwide centers to scout
for domestic manufacturers. The NIST
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 labor unions,
trade associations and 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 goods included in this
waiver are 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 have been unsuccessful.
PO 00000
Frm 00030
Fmt 4703
Sfmt 4703
65013
Having established a proper
justification based on domestic
nonavailability, EERE hereby provides
notice that on September 30, 2010 five
nationwide categorical waivers 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 her
responsibility. Consequently, this
waiver applies to EERE projects carried
out under the Recovery Act.
Authority: Pub. L. 111–5, section 1605.
Issued in Washington, DC, on September
30, 2010.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and
Renewable Energy, U.S. Department of
Energy.
[FR Doc. 2010–26507 Filed 10–20–10; 8:45 am]
BILLING CODE 6450–01–P
ENVIRONMENTAL PROTECTION
AGENCY
[FRL–9216–6]
Access in Litigation to Confidential
Business Information
Environmental Protection
Agency (‘‘EPA’’).
ACTION: Notice of Transfer of
Information Claimed as Confidential
Business Information to the United
States Department of Justice and Parties
to Certain Litigation.
AGENCY:
The EPA has authorized the
United States Department of Justice
(‘‘DOJ’’) to disclose, in response to
discovery requests received in the
litigation styled, Tronox Incorporated,
et al., v. Anadarko Petroleum Corp., et
al., Adv. Proc. No. 09–01198 (ALG),
pending in the United States
Bankruptcy Court for the Southern
District of New York (the ‘‘Litigation’’),
information which has been submitted
to EPA by its contractors that is claimed
to be, or has been determined to be,
confidential business information
(‘‘CBI’’). The EPA is providing notice of
past disclosure and of ongoing and
contemplated future disclosure.
Interested persons may submit
comments on this Notice to the address
noted below.
SUMMARY:
E:\FR\FM\21OCN1.SGM
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]]>Agencies
[Federal Register Volume 75, Number 203 (Thursday, October 21, 2010)]
[Notices]
[Pages 65012-65013]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-26507]
-----------------------------------------------------------------------
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, U.S.
Department of Energy (DOE).
ACTION: Notice of limited waivers.
-----------------------------------------------------------------------
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: (1) Motorized automatic two
wing revolving doors that open via the motor upon a fire alarm to
accommodate smoke evacuation, retract to full open position under Fire
Alarm status and remain in the open position until the alarm is
cleared, are compliant with the Americans with Disabilities Act, and
possess both sliding and swinging door that allows entry/exit through
the sliding doors while the revolving section is being serviced; (2)
self-contained photovoltaic LED area lighting systems with a non-
corrosive, stainless steel, powder-coated anti-weathering shell, that
do not succumb to the sail effect, possess flat plate lens optics with
directional lamp lens, dark sky capability, and full cutoff conformity;
(3) ultrasonic directional sensors and DC300 facility controllers for a
parking guidance system which integrates with American designed
intelligent parking guidance system software allowing real-time updates
to a central location and via the Internet; (4) load Management Ripple
Control Receivers for an existing load management system; and (5) LED
tube lights to replace T8 fluorescents that meet the April 2010 DOE
recommended performance specifications that will be used on eligible
EERE-Recovery Act funded projects.
DATES: Effective Date: September 30, 2010.
[[Page 65013]]
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: Under the authority of the 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''). On November 10, 2009, the Secretary of
Energy delegated the authority to make all inapplicability
determinations to the Assistant Secretary for Energy Efficiency and
Renewable Energy (EERE), for EERE projects under the Recovery Act.
Pursuant to this delegation the Assistant Secretary, EERE, has
concluded that (1) motorized automatic two wing revolving doors that
open via the motor upon a fire alarm to accommodate smoke evacuation,
retract to full open position under Fire Alarm status and remain in the
open position until the alarm is cleared, are compliant with the
Americans with Disabilities Act, and possess both sliding and swinging
door that allows entry/exit through the sliding doors while the
revolving section is being serviced; (2) self-contained photovoltaic
LED area lighting systems with a non-corrosive, stainless steel,
powder-coated anti-weathering shell, that do not succumb to the sail
effect, possess flat plate lens optics with directional lamp lens, dark
sky capability, and full cutoff conformity; (3) ultrasonic directional
sensors and DC300 facility controllers for a parking guidance system
which integrates with American designed intelligent parking guidance
system software allowing real-time updates to a central location and
via the Internet; (4) Load Management Ripple Control Receivers for an
existing load management system; and (5) LED tube lights to replace T8
fluorescents that meet the April 2010 DOE recommended performance
specifications, available at https://apps1.eere.energy.gov/buildings/publications/pdfs/ssl/t8_replacement-lamps.pdf that will be used on
eligible EERE-Recovery Act funded projects qualify 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.
The NIST 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, 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 five products in
the current waiver, EERE reviewed the information provided and
submitted the relevant technical information to the NIST MEP. The MEP
then used their network of nationwide centers to scout for domestic
manufacturers. The NIST 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 labor unions, trade associations and
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 goods included in this waiver are 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
have been unsuccessful.
Having established a proper justification based on domestic
nonavailability, EERE hereby provides notice that on September 30, 2010
five nationwide categorical waivers 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 her responsibility. Consequently, this waiver
applies to EERE projects carried out under the Recovery Act.
Authority: Pub. L. 111-5, section 1605.
Issued in Washington, DC, on September 30, 2010.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy, U.S.
Department of Energy.
[FR Doc. 2010-26507 Filed 10-20-10; 8:45 am]
BILLING CODE 6450-01-P
