Nationwide Limited Public Interest Waiver Under Section 1605 (Buy American) of the American Recovery and Reinvestment Act of 2009 (Recovery Act), 9766-9767 [2011-3849]
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Federal Register / Vol. 76, No. 35 / Tuesday, February 22, 2011 / Notices
comment will follow the 10-minute
rule.
Minutes: The minutes of this meeting
will be available for viewing on the U.S.
Department of Energy’s Office of
Advanced Scientific Computing Web
site at: https://www.er.doe.gov/ascr/
ASCAC/ASCAC.html.
Issued at Washington, DC on February 15,
2011.
LaTanya Butler,
Acting Deputy Committee Management
Officer.
[FR Doc. 2011–3848 Filed 2–18–11; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
Office of Energy Efficiency and
Renewable Energy
Nationwide Limited Public Interest
Waiver 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).
AGENCY:
ACTION:
Notice of extension of limited
waiver.
The U.S. Department of
Energy (DOE) is hereby granting a sixmonth extension of the amended
nationwide limited waiver of the Buy
American requirements of section 1605
of the Recovery Act under the authority
of section 1605(b)(1) (amended public
interest waiver), with respect to the
following solar photo-voltaic (PV)
equipment: (1) Domesticallymanufactured modules containing
foreign-manufactured 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 until
August 6, 2011. This waiver expires
August 6, 2011 (six months from the
date of expiration of the original
waiver). 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
mstockstill on DSKH9S0YB1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
16:51 Feb 18, 2011
Jkt 223001
August 6, 2011 will not be impacted by
the expiration of this waiver.
DATES: Effective Date February 4, 2011.
FOR FURTHER INFORMATION CONTACT:
Benjamin Goldstein, Recovery Act Buy
American Coordinator, Weatherization
and Intergovernmental Program, Office
of Energy Efficiency and Renewable
Energy (EERE), (202) 287–1553,
buyamerican@ee.doe.gov, Department of
Energy, 1000 Independence Avenue,
SW., Mailstop EE–2K, Washington, DC
20585.
SUPPLEMENTARY INFORMATION:
Under the authority of the Recovery
Act, section 1605(b)(1), the head of a
Federal department or agency may issue
a ‘‘determination of inapplicability’’ (a
waiver of the Buy American provisions)
if the application of section 1605 would
be inconsistent with the public interest.
On September 17, 2010, the Secretary of
Energy re-delegated the authority to
make all inapplicability determinations
to the Assistant Secretary for Energy
Efficiency and Renewable Energy, for
EERE Recovery Act projects.
Pursuant to this delegation, the
Assistant Secretary has determined that
application of section 1605 restrictions
would be inconsistent with the public
interest for incidental and/or ancillary
solar Photovoltaic (PV) equipment,
when this equipment is utilized in solar
installations containing domestically
manufactured PV cells or modules
(panels).
This extension of the amended public
interest determination extends the
amended waiver of the Buy American
requirements in EERE-funded Recovery
Act projects for the purchase of the
following solar PV equipment: (1)
Domestically-manufactured modules
containing foreign-manufactured cells,
(2) Foreign-manufactured modules,
when completely comprised of
domestically-manufactured 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 August 6, 2011
(six months from the date of expiration
of the original waiver). 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 August 6, 2011 will not
PO 00000
Frm 00027
Fmt 4703
Sfmt 4703
be impacted by the expiration of this
waiver.
Definitions—Solar cells are the basic
building block of PV technologies. The
cells are functional semiconductors,
made by processing and treating
crystalline silicon or other photosensitive materials to create a layered
product that generates electricity by
absorbing light photons. The individual
cells are cut and/or assembled into
larger groups known as panels or
modules. These two terms are
synonymous and used interchangeably
in this memorandum. The panel is the
end product, and consists of a series of
solar cells, a backing surface, and a
covering to protect the cells from
weather and other types of damage. A
solar array is created by installing
multiple modules in the same location
to increase the electrical generating
capacity. Operational solar PV modules
and arrays use cells to capture and
transfer solar-generated electricity.
The Buy American provisions contain
no requirement with regard to the origin
of components or subcomponents in
manufactured goods used in a project,
as long as the manufacturing occurs in
the United States [2 CFR
176.70(a)(2)(ii)]. However, determining
where final manufacturing occurs in the
context of the solar production chain is
complicated. Under a plain reading of
the Recovery Act Buy American
provisions, only the PV modules would
need to be manufactured in the United
States, but the source of the component
parts—including the high-value cells—
would not be relevant to complying
with the Buy American requirements.
EERE and the National Renewable
Energy Laboratory have conducted
extensive research into the nature of the
domestic solar manufacturing industry
to determine the best way to apply the
Buy American requirements to solar PV
projects. EERE considered three basic
options: (1) To follow a plain reading of
the Buy American provisions and
require that only the modules be
produced in the United States,
irrespective of the origin of the cells
contained in the modules; (2) determine
that the modules and cells are distinct
manufactured goods and thus both must
be produced in the United States; and
(3) choose a more inclusive approach
that allows a solar installation to
comply if either the cells or the modules
are manufactured in the United States.
Of the options considered, only
option (3) recognized EERE’s
determination that the manufacture of
PV cells and modules represent distinct
instances of ‘‘substantial transformation’’
along the solar PV manufacturing chain,
and that the public interest is best
E:\FR\FM\22FEN1.SGM
22FEN1
mstockstill on DSKH9S0YB1PROD with NOTICES
Federal Register / Vol. 76, No. 35 / Tuesday, February 22, 2011 / Notices
served by allowing either instance of
substantial transformation to qualify the
final solar installation or array as
compliant with the Buy American
provisions.
Conducting either of these discrete
activities (production of the cells or the
modules) in the United States creates
roughly equal numbers of American
jobs, and aligns squarely with purpose
and the principles the Recovery Act Buy
American provision by focusing on the
highest-value and most labor-intensive
processes along the solar PV
manufacturing chain.
The extension of the Solar Public
Interest Waiver also demonstrates
EERE’s commitment to the continued
swift expenditure of Recovery Act
funds, by permitting grantees to utilize
a diverse range of existing
American-manufactured solar
technologies. This is a one-time
extension encouraging grantees to
complete their projects in an expedient
manner; strengthening local clean
energy infrastructure while leveraging
Recovery Act dollars to support U.S.
jobs along the solar manufacturing
supply chain and in high-skill solar
installation activities.
For all the reasons outlined above, the
Assistant Secretary of EERE has
determined it is in the public interest to
issue a one-time extension of the Solar
Public Interest Waiver of the Recovery
Act Buy American provisions,
permitting EERE Recovery Act grantees
to utilize solar PV installations where
either the cell or the module is
manufactured in the United States.
In addition, this extended public
interest determination waives the Buy
American requirements for all ancillary
items that are incidental in cost and
technological significance, thus
eliminating ambiguities concerning
whether the incidental items are final
manufactured goods or merely
components of a larger solar module,
installation or array. These items
include, but are not limited to, charge
controllers, combiners and disconnect
boxes, breakers and fuses, racks,
trackers, lugs, wires, and cables.
Inverters and batteries remain subject to
the Buy American provisions. This
helps support the solar installation
industry, because it removes the burden
from businesses—especially small
businesses—of verifying the origin of
each of the many minor components of
a solar installation or array. This also
benefits grantees, businesses, American
taxpayers and the Department of Energy
by encouraging more competitive bids
on solar projects.
Issuance of this nationwide public
interest waiver recognizes EERE’s
VerDate Mar<15>2010
16:51 Feb 18, 2011
Jkt 223001
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 the Redelegation
Order, dated September 17, 2010, with
respect to Recovery Act projects funded
by EERE, the Assistant Secretary on
February 4, 2011 issued an extension of
the amended ‘‘determination of
inapplicability’’ (a waiver under the
Recovery Act Buy American provisions)
for the following items: (1)
Domestically-manufactured modules
containing foreign-manufactured cells,
(2) Foreign-manufactured modules,
when completely comprised of
domestically-manufactured 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 until
August 6, 2011.
This waiver expires August 6, 2011
(six months from the date of expiration
of the original waiver). 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 August 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: Pub. L. 111–5, section 1605.
Issued in Washington, DC, on February 4,
2011.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and
Renewable Energy, U.S. Department of
Energy.
[FR Doc. 2011–3849 Filed 2–18–11; 8:45 am]
BILLING CODE 6450–01–P
PO 00000
Frm 00028
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Sfmt 4703
9767
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) two-stage, steam
heated absorption chillers rated at 500–
1,500 tons; (2) single wall evacuated
tube collectors for solar thermal systems
(when used in an educational context
for the purposes of comparing relative
efficiency of solar thermal technologies);
(3) 2-ton adsorption chillers (for
educational purposes, or where
alternative technologies are not
serviceable); (4) LED Lamp and
controller for studio lights in a
television broadcast studio (where a CRI
(Color Rendition Index) sufficient to
render accurate flesh tones and natural
colors and a precise color tuning control
to dial in exact color temperature for
accurate colors under multiple lighting
setups are required); (5) Global
Positioning System (GPS) Time Source
Modules (to serve as direct
communication link between a county
or city’s Traffic Management System
(TMS) and the Caltrans Traffic Signal
Management and Surveillance System
(CTNET)); and (6) elongated wall-hung
rear spud toilets (bowl and hardware)
that will be used on eligible EERE
Recovery Act-funded projects.
DATES: Effective Date: January 12, 2011.
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
SUMMARY:
E:\FR\FM\22FEN1.SGM
22FEN1
]]>Agencies
[Federal Register Volume 76, Number 35 (Tuesday, February 22, 2011)]
[Notices]
[Pages 9766-9767]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-3849]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
Nationwide Limited Public Interest Waiver 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 extension of limited waiver.
-----------------------------------------------------------------------
SUMMARY: The U.S. Department of Energy (DOE) is hereby granting a six-
month extension of the amended nationwide limited waiver of the Buy
American requirements of section 1605 of the Recovery Act under the
authority of section 1605(b)(1) (amended public interest waiver), with
respect to the following solar photo-voltaic (PV) equipment: (1)
Domestically-manufactured modules containing foreign-manufactured
cells, (2) Foreign-manufactured modules, when completely comprised of
domestically-manufactured 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
until August 6, 2011. This waiver expires August 6, 2011 (six months
from the date of expiration of the original waiver). 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 August 6, 2011 will
not be impacted by the expiration of this waiver.
DATES: Effective Date February 4, 2011.
FOR FURTHER INFORMATION CONTACT: Benjamin Goldstein, Recovery Act Buy
American Coordinator, Weatherization and Intergovernmental Program,
Office of Energy Efficiency and Renewable Energy (EERE), (202) 287-
1553, buyamerican@ee.doe.gov, Department of Energy, 1000 Independence
Avenue, SW., Mailstop EE-2K, Washington, DC 20585.
SUPPLEMENTARY INFORMATION:
Under the authority of the Recovery Act, section 1605(b)(1), the
head of a Federal department or agency may issue a ``determination of
inapplicability'' (a waiver of the Buy American provisions) if the
application of section 1605 would be inconsistent with the public
interest. On September 17, 2010, the Secretary of Energy re-delegated
the authority to make all inapplicability determinations to the
Assistant Secretary for Energy Efficiency and Renewable Energy, for
EERE Recovery Act projects.
Pursuant to this delegation, the Assistant Secretary has determined
that application of section 1605 restrictions would be inconsistent
with the public interest for incidental and/or ancillary solar
Photovoltaic (PV) equipment, when this equipment is utilized in solar
installations containing domestically manufactured PV cells or modules
(panels).
This extension of the amended public interest determination extends
the amended waiver of the Buy American requirements in EERE-funded
Recovery Act projects for the purchase of the following solar PV
equipment: (1) Domestically-manufactured modules containing foreign-
manufactured cells, (2) Foreign-manufactured modules, when completely
comprised of domestically-manufactured 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 August 6, 2011 (six months from the date of
expiration of the original waiver). 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 August 6, 2011 will not be
impacted by the expiration of this waiver.
Definitions--Solar cells are the basic building block of PV
technologies. The cells are functional semiconductors, made by
processing and treating crystalline silicon or other photo-sensitive
materials to create a layered product that generates electricity by
absorbing light photons. The individual cells are cut and/or assembled
into larger groups known as panels or modules. These two terms are
synonymous and used interchangeably in this memorandum. The panel is
the end product, and consists of a series of solar cells, a backing
surface, and a covering to protect the cells from weather and other
types of damage. A solar array is created by installing multiple
modules in the same location to increase the electrical generating
capacity. Operational solar PV modules and arrays use cells to capture
and transfer solar-generated electricity.
The Buy American provisions contain no requirement with regard to
the origin of components or subcomponents in manufactured goods used in
a project, as long as the manufacturing occurs in the United States [2
CFR 176.70(a)(2)(ii)]. However, determining where final manufacturing
occurs in the context of the solar production chain is complicated.
Under a plain reading of the Recovery Act Buy American provisions, only
the PV modules would need to be manufactured in the United States, but
the source of the component parts--including the high-value cells--
would not be relevant to complying with the Buy American requirements.
EERE and the National Renewable Energy Laboratory have conducted
extensive research into the nature of the domestic solar manufacturing
industry to determine the best way to apply the Buy American
requirements to solar PV projects. EERE considered three basic options:
(1) To follow a plain reading of the Buy American provisions and
require that only the modules be produced in the United States,
irrespective of the origin of the cells contained in the modules; (2)
determine that the modules and cells are distinct manufactured goods
and thus both must be produced in the United States; and (3) choose a
more inclusive approach that allows a solar installation to comply if
either the cells or the modules are manufactured in the United States.
Of the options considered, only option (3) recognized EERE's
determination that the manufacture of PV cells and modules represent
distinct instances of ``substantial transformation'' along the solar PV
manufacturing chain, and that the public interest is best
[[Page 9767]]
served by allowing either instance of substantial transformation to
qualify the final solar installation or array as compliant with the Buy
American provisions.
Conducting either of these discrete activities (production of the
cells or the modules) in the United States creates roughly equal
numbers of American jobs, and aligns squarely with purpose and the
principles the Recovery Act Buy American provision by focusing on the
highest[hyphen]value and most labor[hyphen]intensive processes along
the solar PV manufacturing chain.
The extension of the Solar Public Interest Waiver also demonstrates
EERE's commitment to the continued swift expenditure of Recovery Act
funds, by permitting grantees to utilize a diverse range of existing
American[hyphen]manufactured solar technologies. This is a one-time
extension encouraging grantees to complete their projects in an
expedient manner; strengthening local clean energy infrastructure while
leveraging Recovery Act dollars to support U.S. jobs along the solar
manufacturing supply chain and in high[hyphen]skill solar installation
activities.
For all the reasons outlined above, the Assistant Secretary of EERE
has determined it is in the public interest to issue a one[hyphen]time
extension of the Solar Public Interest Waiver of the Recovery Act Buy
American provisions, permitting EERE Recovery Act grantees to utilize
solar PV installations where either the cell or the module is
manufactured in the United States.
In addition, this extended public interest determination waives the
Buy American requirements for all ancillary items that are incidental
in cost and technological significance, thus eliminating ambiguities
concerning whether the incidental items are final manufactured goods or
merely components of a larger solar module, installation or array.
These items include, but are not limited to, charge controllers,
combiners and disconnect boxes, breakers and fuses, racks, trackers,
lugs, wires, and cables. Inverters and batteries remain subject to the
Buy American provisions. This helps support the solar installation
industry, because it removes the burden from businesses--especially
small businesses--of verifying the origin of each of the many minor
components of a solar installation or array. This also benefits
grantees, businesses, American taxpayers and the Department of Energy
by encouraging more competitive bids on solar projects.
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 labor-intensive
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 the Redelegation Order, dated
September 17, 2010, with respect to Recovery Act projects funded by
EERE, the Assistant Secretary on February 4, 2011 issued an extension
of the amended ``determination of inapplicability'' (a waiver under the
Recovery Act Buy American provisions) for the following items: (1)
Domestically-manufactured modules containing foreign-manufactured
cells, (2) Foreign-manufactured modules, when completely comprised of
domestically-manufactured 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
until August 6, 2011.
This waiver expires August 6, 2011 (six months from the date of
expiration of the original waiver). 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 August 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: Pub. L. 111-5, section 1605.
Issued in Washington, DC, on February 4, 2011.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy, U.S.
Department of Energy.
[FR Doc. 2011-3849 Filed 2-18-11; 8:45 am]
BILLING CODE 6450-01-P
