Nationwide Categorical Waivers Under Section 1605 (Buy American) of the American Recovery and Reinvestment Act of 2009 (Recovery Act), 9767-9768 [2011-3850]
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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
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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
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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:
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22FEN1
mstockstill on DSKH9S0YB1PROD with NOTICES
9768
Federal Register / Vol. 76, No. 35 / Tuesday, February 22, 2011 / Notices
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
September 17, 2010, the authority of the
Secretary of Energy to make all
inapplicability determinations was redelegated 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) two-stage,
steam heated absorption chillers rated at
500–1500 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 qualify for
the ‘‘nonavailability’’ waiver
determination.
EERE has developed a rigorous
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 determination.
The 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
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16:51 Feb 18, 2011
Jkt 223001
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 six 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 MEP
reported that their scouting process did
not locate any domestic manufacturers
for the exact items needed to meet the
product specifications required by the
EERE grant recipient.
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 technology experts employed
by the Department of Energy or 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 numerous
inquiries 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 January 12, 2011, six
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 all EERE projects
carried out under the Recovery Act.
PO 00000
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Authority: Pub. L. 111–5, section 1605.
Issued in Washington, DC on January 19,
2011.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and
Renewable Energy, U.S. Department of
Energy.
[FR Doc. 2011–3850 Filed 2–18–11; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Project No. 637–022]
Public Utility District No. 1 Chelan
County; Notice of Application for
Amendment of License and Soliciting
Comments, Motions To Intervene, and
Protests
Take notice that the following
application has been filed with the
Commission and is available for public
inspection:
a. Application Type: Non-Project Use
of Project Lands and Waters.
b. Project No.: 637–022.
c. Date Filed: January 21, 2011.
d. Applicant: Public Utility District
No. 1 Chelan County.
e. Name of Project: Lake Chelan
Hydroelectric Project.
f. Location: The project is located on
the Chelan River in Chelan County near
the City of Chelan, Washington.
g. Filed Pursuant to: Federal Power
Act 16 U.S.C. 791(a)-825(r).
h. Applicant Contact: Michele Smith,
Licensing and Compliance Manager at
P.O. Box 1231, Wenatchee, Washington.
Phone: (509) 663–8121.
i. FERC Contact: Patricia Grant at
(312) 596–4435; e-mail:
patricia.grant@ferc.gov.
j. Deadline for filing comments,
motions to intervene, and protests, is 30
days from the issuance date of this
notice. All documents may be filed
electronically via the Internet. See, 18
CFR 385.2001(a)(1)(iii) and the
instructions on the Commission’s Web
site at https://www.ferc.gov/docs-filing/
efiling.asp. If unable to be filed
electronically, documents may be paperfiled. To paper-file, an original and
seven copies should be mailed to:
Secretary, Federal Energy Regulatory
Commission, 888 First Street, NE.,
Washington, DC 20426. Commenters
can submit brief comments up to 6,000
characters, without prior registration,
using the eComment system at https://
www.ferc.gov/docs-filing/
ecomment.asp. You must include your
name and contact information at the end
of your comments.
E:\FR\FM\22FEN1.SGM
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]]>Agencies
[Federal Register Volume 76, Number 35 (Tuesday, February 22, 2011)]
[Notices]
[Pages 9767-9768]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-3850]
-----------------------------------------------------------------------
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) 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
[[Page 9768]]
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 September 17, 2010, the authority of the
Secretary of Energy to make all inapplicability determinations was re-
delegated to the Assistant Secretary for Energy Efficiency and
Renewable Energy (EERE), for EERE projects under the Recovery Act.
Pursuant to this delegation the Assistant Secretary, EERE, has
concluded that (1) two-stage, steam heated absorption chillers rated at
500-1500 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 qualify for the ``nonavailability'' waiver
determination.
EERE has developed a rigorous 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 determination.
The 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 six 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 MEP reported that their scouting process did not
locate any domestic manufacturers for the exact items needed to meet
the product specifications required by the EERE grant recipient.
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 technology
experts employed by the Department of Energy or 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 numerous
inquiries 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 January 12, 2011,
six 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 all EERE projects carried out under the Recovery Act.
Authority: Pub. L. 111-5, section 1605.
Issued in Washington, DC on January 19, 2011.
Cathy Zoi,
Assistant Secretary, Energy Efficiency and Renewable Energy, U.S.
Department of Energy.
[FR Doc. 2011-3850 Filed 2-18-11; 8:45 am]
BILLING CODE 6450-01-P
