Nationwide Limited Public Interest Waiver Under Section 1605 (Buy American) of the American Recovery and Reinvestment Act of 2009 (Recovery Act), 55892-55893 [2011-23079]
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Federal Register / Vol. 76, No. 175 / Friday, September 9, 2011 / Notices
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 August 2,
2011.
Henry Kelly,
Acting Assistant Secretary, Energy Efficiency
and Renewable Energy, U.S. Department of
Energy.
[FR Doc. 2011–23076 Filed 9–8–11; 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).
ACTION: Notice of Limited Public Interest
Waiver.
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)(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.
mstockstill on DSK4VPTVN1PROD with NOTICES
SUMMARY:
VerDate Mar<15>2010
16:58 Sep 08, 2011
Jkt 223001
DATES:
Effective Date August 2, 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 April 25, 2011, the Secretary of
Energy 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 determination replaces and
supersedes the Solar Public Interest
Waiver issued August 6, 2010, amended
September 30, 2010 and extended
February 4, 2011. Although the waiver
extension issued February 4, 2011 was
slated to be a one-time extension
coinciding with the ramp-down of EERE
Recovery Act-funded projects, EERE has
determined that enough projects remain
active to justify a new Public Interest
waiver determination. This
determination is valid until such time as
the Assistant Secretary chooses to
modify or revoke the waiver. The
Assistant Secretary reserves the right to
revisit and amend this determination
based on new information or new
developments.
This determination waives 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
PO 00000
Frm 00026
Fmt 4703
Sfmt 4703
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.
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
solar modules and cells represent the
highest intellectual content and dollarvalue items associated with solar PV
energy generation.
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 high-value
and high-intellectual content 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) Follow the current
interpretation 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)
apply the interpretation 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
E:\FR\FM\09SEN1.SGM
09SEN1
mstockstill on DSK4VPTVN1PROD with NOTICES
Federal Register / Vol. 76, No. 175 / Friday, September 9, 2011 / Notices
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) recognizes EERE’s
determination that the manufacturing
process for cells and the final PV
module production represent distinct
instances of ‘‘substantial
transformation’’ in the solar PV
manufacturing chain. Conducting either
of these discrete activities in the United
States creates roughly equal numbers of
American jobs. Furthermore, the design
and manufacture of the cells captures
the largest portion of the intellectual
property present in a solar installation.
For all the reasons outlined above,
EERE believes the public interest is best
served by supporting the domestic cell
manufacturing industry. It is therefore
in the public interest to issue a waiver
of the Recovery Act Buy American
provisions that allows grantees to
purchase foreign modules made with
domestically-manufactured cells, in
addition to domestic modules with
foreign-produced cells. This reflects
EERE’s commitment to strengthen the
entire domestic PV manufacturing
supply chain in the United States.
This 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
VerDate Mar<15>2010
16:58 Sep 08, 2011
Jkt 223001
Public Law 111–5 and the Redelegation
Order of April 25, 2011, with respect to
Recovery Act projects funded by EERE,
the Assistant Secretary has 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 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
domestic manufactured cells on August
1, 2011.
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.
Henry Kelly,
Acting Assistant Secretary, Energy Efficiency
and Renewable Energy, U.S. Department of
Energy.
[FR Doc. 2011–23079 Filed 9–8–11; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Project No. 13583–001]
Crane & Company; Notice of
Application Accepted for Filing With
the Commission, Intent To Waive
Scoping, Soliciting Motions To
Intervene and Protests, Ready for
Environmental Analysis, Soliciting
Comments, Terms and Conditions,
Recommendations, and Prescriptions,
and Establishing an Expedited
Schedule for Processing
Take notice that the following
hydroelectric application has been filed
with the Commission and is available
for public inspection.
a. Type of Application: Exemption
from Licensing.
b. Project No.: 13583–001.
c. Date filed: March 9, 2011.
d. Applicant: Crane & Company.
PO 00000
Frm 00027
Fmt 4703
Sfmt 4703
55893
e. Name of Project: Byron Weston
Hydroelectric Project.
f. Location: On the East Branch of the
Housatonic River, in the Town of
Dalton, Berkshire County,
Massachusetts. The project would not
occupy lands of the United States.
g. Filed Pursuant to: Public Utility
Regulatory Policies Act of 1978, 16
U.S.C. 2705, 2708.
h. Applicant Contact: Chad Cox, GZA
GeoEnvironmental, Inc., One Edgewater
Drive, Norwood, MA 02062, (781) 278–
5787.
i. FERC Contact: Brandon Cherry,
(202) 502–8328.
j. Deadline for filing motions to
intervene and protests, comments, terms
and conditions, recommendations, and
prescriptions: Due to the small size and
particular location of this project and
the close coordination with state and
federal agencies during the preparation
of the application, the 60-day timeframe
in 18 CFR 4.34(b) for filing motions to
intervene and protests, comments, terms
and conditions, recommendations, and
prescriptions is shortened. Instead,
motions to intervene and protests,
comments, terms and conditions,
recommendations, and prescriptions
will be due 30 days from the issuance
date of this notice. All reply comments
must be filed with the Commission
within 45 days from the 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 https://www.ferc.gov/docs-filing/
efiling.asp. 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. For assistance,
please contact FERC Online Support at
FERCOnlineSupport@ferc.gov or toll
free at 1–866–208–3676, or for TTY,
(202) 502–8659. Although the
Commission strongly encourages
electronic filing, documents may also be
paper-filed. To paper-file, mail an
original and seven copies to: Kimberly
D. Bose, Secretary, Federal Energy
Regulatory Commission, 888 First
Street, NE., Washington, DC 20426.
The Commission’s Rules of Practice
require all intervenors filing documents
with the Commission to serve a copy of
that document on each person on the
official service list for the project.
Further, if an intervenor files comments
or documents with the Commission
relating to the merits of an issue that
may affect the responsibilities of a
E:\FR\FM\09SEN1.SGM
09SEN1
]]>Agencies
[Federal Register Volume 76, Number 175 (Friday, September 9, 2011)]
[Notices]
[Pages 55892-55893]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2011-23079]
-----------------------------------------------------------------------
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 Limited Public Interest Waiver.
-----------------------------------------------------------------------
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)(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.
DATES: Effective Date August 2, 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 April 25, 2011, the Secretary
of Energy 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 determination replaces and supersedes the Solar Public
Interest Waiver issued August 6, 2010, amended September 30, 2010 and
extended February 4, 2011. Although the waiver extension issued
February 4, 2011 was slated to be a one-time extension coinciding with
the ramp-down of EERE Recovery Act-funded projects, EERE has determined
that enough projects remain active to justify a new Public Interest
waiver determination. This determination is valid until such time as
the Assistant Secretary chooses to modify or revoke the waiver. The
Assistant Secretary reserves the right to revisit and amend this
determination based on new information or new developments.
This determination waives 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.
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 solar modules and cells
represent the highest intellectual content and dollar-value items
associated with solar PV energy generation.
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 high-value and high-intellectual content 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) Follow the current interpretation 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)
apply the interpretation 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
[[Page 55893]]
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) recognizes EERE's
determination that the manufacturing process for cells and the final PV
module production represent distinct instances of ``substantial
transformation'' in the solar PV manufacturing chain. Conducting either
of these discrete activities in the United States creates roughly equal
numbers of American jobs. Furthermore, the design and manufacture of
the cells captures the largest portion of the intellectual property
present in a solar installation.
For all the reasons outlined above, EERE believes the public
interest is best served by supporting the domestic cell manufacturing
industry. It is therefore in the public interest to issue a waiver of
the Recovery Act Buy American provisions that allows grantees to
purchase foreign modules made with domestically-manufactured cells, in
addition to domestic modules with foreign-produced cells. This reflects
EERE's commitment to strengthen the entire domestic PV manufacturing
supply chain in the United States.
This 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 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 of April 25,
2011, with respect to Recovery Act projects funded by EERE, the
Assistant Secretary has 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 domestic manufactured cells on August 1, 2011.
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.
Henry Kelly,
Acting Assistant Secretary, Energy Efficiency and Renewable Energy,
U.S. Department of Energy.
[FR Doc. 2011-23079 Filed 9-8-11; 8:45 am]
BILLING CODE 6450-01-P
