Nationwide Categorical Waivers Under Section 1605 (Buy American) of the American Recovery and Reinvestment Act of 2009 (Recovery Act), 47568-47569 [2011-19887]
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Federal Register / Vol. 76, No. 151 / Friday, August 5, 2011 / Notices
handrail LED lighting system is unique
to one manufacturer, and there is
nothing comparable that is
manufactured in the U.S. In light of the
foregoing, and under the authority of
section 1605(b)(2) of Public Law 111–5
and Redelegation Order 00–002–01D,
with respect to Recovery Act projects
funded by EERE, I hereby issue a
‘‘determination of inapplicability’’ (a
waiver under the Recovery Act Buy
American provision) for: (1) 2–10
horsepower, self contained, sensorless,
variable speed pumps; (2) bi-directional
bicycle counters; (3) 28W, 30W, and
60W 360 degree LED bulbs for retrofits
of HPS streetlights; (4) bathroom
ventilation fans with a built in
occupancy sensors; (5) solar
thermosiphon water heating systems
certified by FSEC; (6) 40 Ton, factoryassembled, indirect-fired absorption
chillers; (7) premium efficiency electric
drive submersible pump motors (motors
only, not pumps themselves); and (8)
flush-to-handrail LED lighting systems.
This waiver determination is pursuant
to the delegation of authority by the
Secretary of Energy to the Acting
Assistant Secretary for Energy Efficiency
and Renewable Energy with respect to
expenditures within the purview of his
responsibility. Consequently, this
waiver applies only to EERE projects
carried out under the Recovery Act.
Having established a proper
justification based on domestic
nonavailability, EERE hereby provides
notice that on July 08, 2011, eight
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 his
responsibility. Consequently, this
waiver applies to all EERE projects
carried out under the Recovery Act.
erowe on DSKG8SOYB1PROD with NOTICES
Authority: Pub. L. 111–5, section 1605.
Issued in Washington, DC, on July 8, 2011.
Henry Kelly,
Acting Assistant Secretary, Energy Efficiency
and Renewable Energy, U.S. Department of
Energy.
[FR Doc. 2011–19882 Filed 8–4–11; 8:45 am]
BILLING CODE 6450–01–P
VerDate Mar<15>2010
15:16 Aug 04, 2011
Jkt 223001
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: five kilowatt (5kW) and
fifty kilowatt (50kW) wind turbines for
use on eligible EERE-Recovery Act
funded projects.
DATES: Effective Date: July 8, 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
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 April 25,
2011, 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:
five kilowatt (5kW) and fifty kilowatt
(50kW) wind turbines qualify for the
‘‘nonavailability’’ waiver determination
when utilized in eligible EERE Recovery
Act-funded projects where the wind
resource and needs of the project
require such size.
While there are US manufacturers of
turbines appropriate for the needs of the
great majority of EERE funded wind
projects, there are currently no US
SUMMARY:
PO 00000
Frm 00032
Fmt 4703
Sfmt 4703
manufacturers of five kilowatt (5kW) or
fifty kilowatt (50kW) turbines.
The EERE Buy American Coordinator
has worked with many manufacturing
stakeholders to scout for domestic
manufacturing capacity or an equivalent
product for each item contained in this
waiver. This included the Small Wind
Manufacturing Council, the Distributed
Wind Energy Association, and the
American Wind Energy Association.
EERE also conducted significant
amounts of independent research,
including utilizing the small wind
experts employed by the Department of
Energy’s National Renewable Energy
Laboratory. In addition, this
nonavailability determination is
informed by the many 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 for five kilowatt (5kW)
and fifty kilowatt (50kW) turbines have
been unsuccessful.
For all Recovery Act Buy American
waiver requests, EERE also employs a
comprehensive process to ascertain in a
systematic and expedient manner
whether or not there is domestic
manufacturing capacity for the items
submitted for a waiver. 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
determinations.
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 Americanmade products rather than granting a
waiver.
Upon receipt of completed waiver
requests for the two products in the
current waiver, EERE reviewed the
information provided and submitted the
relevant technical information to the
MEP. The MEP then used their network
of nationwide centers to scout for
domestic manufacturers. The MEP
reported that their scouting process did
E:\FR\FM\05AUN1.SGM
05AUN1
Federal Register / Vol. 76, No. 151 / Friday, August 5, 2011 / Notices
not locate any domestic manufacturers
for these exact or equivalent items.
The research efforts of MEP confirmed
EERE’s findings that the 5kW and 50kW
turbines referenced in this waiver are
not produced in the United States in
sufficient and reasonably available
quantities and of a satisfactory quality.
In light of the foregoing, and under
the authority of section 1605(b)(2) of
Public Law 111–5 and Redelegation
Order 00–002–01D, with respect to
Recovery Act projects funded by EERE,
I hereby issue a ‘‘determination of
inapplicability’’ (a waiver under the
Recovery Act Buy American provision)
for: five kilowatt (5kW) and fifty
kilowatt (50kW) wind turbines, when
used on eligible EERE Recovery Actfunded projects.
This waiver determination is pursuant
to the delegation of authority by the
Secretary of Energy to the Acting
Assistant Secretary for Energy Efficiency
and Renewable Energy with respect to
expenditures within the purview of his
responsibility. Consequently, this
waiver applies only to EERE projects
carried out under the Recovery Act.
Having established a proper
justification based on domestic
nonavailability, EERE hereby provides
notice that on July 8, 2011, two
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 his
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 July 8, 2011.
Henry Kelly,
Acting Assistant Secretary, Energy Efficiency
and Renewable Energy, U.S. Department of
Energy.
erowe on DSKG8SOYB1PROD with NOTICES
[FR Doc. 2011–19887 Filed 8–4–11; 8:45 am]
BILLING CODE 6450–01–P
VerDate Mar<15>2010
15:16 Aug 04, 2011
Jkt 223001
47569
Dated: August 1, 2011.
Kimberly D. Bose,
Secretary.
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[FR Doc. 2011–19944 Filed 8–4–11; 8:45 am]
BILLING CODE 6717–01–P
[Docket Nos. PR11–111–000; PR11–111–
001]
Arcadia Gas Storage, LLC; Notice of
Baseline Filing
Take notice that on May 19, 2011 and
July 26, 2011, Arcadia Gas Storage, LLC
submitted a revised baseline filing of
their Statement of Operating Conditions
for services provided under Section 311
of the Natural Gas Policy Act of 1978
(‘‘NGPA’’).
Any person desiring to participate in
this rate proceeding must file a motion
to intervene or to protest this filing must
file in accordance with Rules 211 and
214 of the Commission’s Rules of
Practice and Procedure (18 CFR 385.211
and 385.214). Protests will be
considered by the Commission in
determining the appropriate action to be
taken, but will not serve to make
protestants parties to the proceeding.
Any person wishing to become a party
must file a notice of intervention or
motion to intervene, as appropriate.
Such notices, motions, or protests must
be filed on or before the date as
indicated below. Anyone filing an
intervention or protest must serve a
copy of that document on the Applicant.
Anyone filing an intervention or protest
on or before the intervention or protest
date need not serve motions to intervene
or protests on persons other than the
Applicant.
The Commission encourages
electronic submission of protests and
interventions in lieu of paper using the
‘‘eFiling’’ link at https://www.ferc.gov.
Persons unable to file electronically
should submit an original and 7 copies
of the protest or intervention to the
Federal Energy Regulatory Commission,
888 First Street, NE., Washington, DC
20426.
This filing is accessible on-line at
https://www.ferc.gov, using the
‘‘eLibrary’’ link and is available for
review in the Commission’s Public
Reference Room in Washington, DC.
There is an ‘‘eSubscription’’ link on the
Web site that enables subscribers to
receive e-mail notification when a
document is added to a subscribed
docket(s). For assistance with any FERC
Online service, please e-mail
FERCOnlineSupport@ferc.gov, or call
(866) 208–3676 (toll free). For TTY, call
(202) 502–8659.
Comment Date: 5 p.m. Eastern Time
on Monday August 8, 2011.
PO 00000
Frm 00033
Fmt 4703
Sfmt 4703
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
Combined Notice of Filings #2
Take notice that the Commission
received the following electric rate
filings:
Docket Numbers: ER11–3494–001.
Applicants: Southwest Power Pool,
Inc.
Description: Southwest Power Pool,
Inc. submits tariff filing per 35:
Compliance Revisions to 2198 Kansas
Power Pool NITSA to be effective 4/1/
2011.
Filed Date: 08/01/2011.
Accession Number: 20110801–5132.
Comment Date: 5 p.m. Eastern Time
on Monday, August 22, 2011.
Docket Numbers: ER11–3522–001.
Applicants: Public Service Company
of New Mexico.
Description: Public Service Company
of New Mexico submits tariff filing per
35.17(b): PNM Response to Request for
Additional Information on LGIP Filing
to be effective 9/30/2011.
Filed Date: 08/01/2011.
Accession Number: 20110801–5111.
Comment Date: 5 p.m. Eastern Time
on Monday, August 22, 2011.
Docket Numbers: ER11–4165–000.
Applicants: New England Power Pool
Participants Committee.
Description: New England Power Pool
Participants Committee submits tariff
filing per 35.13(a)(2)(iii: Aug 2011
Membership Filing to be effective 8/1/
2011.
Filed Date: 08/01/2011.
Accession Number: 20110801–5000.
Comment Date: 5 p.m. Eastern Time
on Monday, August 22, 2011.
Docket Numbers: ER11–4166–000.
Applicants: Pacific Gas and Electric
Company.
Description: Pacific Gas and Electric
Company submits tariff filing per
35.13(a)(2)(iii: CCSF IA—34th Quarterly
Filing of Facilities Agreements to be
effective 6/30/2011.
Filed Date: 08/01/2011.
Accession Number: 20110801–5001.
Comment Date: 5 p.m. Eastern Time
on Monday, August 22, 2011.
Docket Numbers: ER11–4168–000.
Applicants: ITC Midwest LLC.
Description: ITC Midwest LLC
submits tariff filing per 35.13(a)(2)(iii:
E:\FR\FM\05AUN1.SGM
05AUN1
]]>Agencies
[Federal Register Volume 76, Number 151 (Friday, August 5, 2011)]
[Notices]
[Pages 47568-47569]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-19887]
-----------------------------------------------------------------------
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: five kilowatt (5kW) and
fifty kilowatt (50kW) wind turbines for use on eligible EERE-Recovery
Act funded projects.
DATES: Effective Date: July 8, 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 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 April 25, 2011, 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: five kilowatt (5kW) and fifty kilowatt (50kW) wind
turbines qualify for the ``nonavailability'' waiver determination when
utilized in eligible EERE Recovery Act-funded projects where the wind
resource and needs of the project require such size.
While there are US manufacturers of turbines appropriate for the
needs of the great majority of EERE funded wind projects, there are
currently no US manufacturers of five kilowatt (5kW) or fifty kilowatt
(50kW) turbines.
The EERE Buy American Coordinator has worked with many
manufacturing stakeholders to scout for domestic manufacturing capacity
or an equivalent product for each item contained in this waiver. This
included the Small Wind Manufacturing Council, the Distributed Wind
Energy Association, and the American Wind Energy Association. EERE also
conducted significant amounts of independent research, including
utilizing the small wind experts employed by the Department of Energy's
National Renewable Energy Laboratory. In addition, this nonavailability
determination is informed by the many 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 for five kilowatt
(5kW) and fifty kilowatt (50kW) turbines have been unsuccessful.
For all Recovery Act Buy American waiver requests, EERE also
employs a comprehensive process to ascertain in a systematic and
expedient manner whether or not there is domestic manufacturing
capacity for the items submitted for a waiver. 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 determinations.
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 two products in
the current waiver, EERE reviewed the information provided and
submitted the relevant technical information to the MEP. The MEP then
used their network of nationwide centers to scout for domestic
manufacturers. The MEP reported that their scouting process did
[[Page 47569]]
not locate any domestic manufacturers for these exact or equivalent
items.
The research efforts of MEP confirmed EERE's findings that the 5kW
and 50kW turbines referenced in this waiver are not produced in the
United States in sufficient and reasonably available quantities and of
a satisfactory quality.
In light of the foregoing, and under the authority of section
1605(b)(2) of Public Law 111-5 and Redelegation Order 00-002-01D, with
respect to Recovery Act projects funded by EERE, I hereby issue a
``determination of inapplicability'' (a waiver under the Recovery Act
Buy American provision) for: five kilowatt (5kW) and fifty kilowatt
(50kW) wind turbines, when used on eligible EERE Recovery Act-funded
projects.
This waiver determination is pursuant to the delegation of
authority by the Secretary of Energy to the Acting Assistant Secretary
for Energy Efficiency and Renewable Energy with respect to expenditures
within the purview of his responsibility. Consequently, this waiver
applies only to EERE projects carried out under the Recovery Act.
Having established a proper justification based on domestic
nonavailability, EERE hereby provides notice that on July 8, 2011, two
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 his 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 July 8, 2011.
Henry Kelly,
Acting Assistant Secretary, Energy Efficiency and Renewable Energy,
U.S. Department of Energy.
[FR Doc. 2011-19887 Filed 8-4-11; 8:45 am]
BILLING CODE 6450-01-P
