Nationwide Categorical Waivers Under the American Recovery and Reinvestment Act of 2009 (Recovery Act), 20806-20807 [2012-8329]
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20806
Federal Register / Vol. 77, No. 67 / Friday, April 6, 2012 / Notices
application with DOE for renewal of
that authority for an additional five-year
term.
In its application, PPL EnergyPlus
states that it ‘‘does not own any physical
electric generation or transmission
facilities in the U.S. and does not have
any franchised service territory in the
U.S.’’ Therefore, the electric power
proposed to be exported to Canada will
be surplus to the needs of the entities
selling the power to PPL EnergyPlus.
The application also indicates that PPL
EnergyPlus is a power marketer
authorized by the Federal Energy
Regulatory Commission to sell energy,
capacity, and specified ancillary
services at market-based rates.
The existing international
transmission facilities to be utilized by
PPL EnergyPlus have previously been
authorized by Presidential permits
issued pursuant to Executive Order
10485, as amended, and are appropriate
for open access transmission by third
parties.
Procedural Matters: Any person
desiring to be heard in this proceeding
should file a comment or protest to the
application at the address provided
above. Protests should be filed in
accordance with Rule 211 of the Federal
Energy Regulatory Commission’s (FERC)
Rules of Practice and Procedures (18
CFR 385.211). Any person desiring to
become a party to these proceedings
should file a motion to intervene at the
above address in accordance with FERC
Rule 214 (385.214). Five copies of such
comments, protests, or motions to
intervene should be sent to the address
provided above on or before the date
listed above.
Comments on the PPL EnergyPlus
application to export electric energy to
Canada should be clearly marked with
OE Docket No. 210–C. An additional
copy is to be filed directly with Jesse A.
Dillon, Esq., Senior Counsel, PPL
Services Corporation, Two North Ninth
Street, Allentown, PA 18101 AND
Sandra E. Rizzo, Esq., Bracewell &
Giuliani LLP, 2000 K Street NW., Suite
500, Washington, DC 20006. A final
decision will be made on this
application after the environmental
impacts have been evaluated pursuant
to DOE’s National Environmental Policy
Act Implementing Procedures (10 CFR
part 1021) and after a determination is
made by DOE that the proposed action
will not have an adverse impact on the
reliability of the U.S. electric power
supply system.
Copies of this application will be
made available, upon request, for public
inspection and copying at the address
provided above, by accessing the
program Web site at https://energy.gov/
VerDate Mar<15>2010
16:17 Apr 05, 2012
Jkt 226001
node/11845 or by emailing Angela Troy
at Angela.Troy@hq.doe.gov.
Issued in Washington, DC, on April 2,
2012.
Brian Mills,
Director, Permitting and Siting, Office of
Electricity Delivery and Energy Reliability.
[FR Doc. 2012–8330 Filed 4–5–12; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
Office of Energy Efficiency and
Renewable Energy
Nationwide Categorical Waivers Under
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 Recovery Act projects
funded by EERE for pre-insulated
district heating pipe system consisting
of thin wall thickness steel pipe meeting
the EN13941 standard, bonded to
polyurethane foam insulation, bonded
to an HDPE jacket, such that all the
components operate as a single pipe
(including two 1.5 mm squared area
copper wires embedded in the
insulation for leak detection and
location); pre-insulated steel fittings
with the same characteristics as the preinsulated pipe; and pre-insulated
maintenance free ball valves with an all
welded valve body and a stainless steel
valve ball in a spring loaded teflon seat,
having the same insulation and jacket
characteristics as the pipe.
DATES: Effective Date: 03/27/2012.
FOR FURTHER INFORMATION CONTACT:
Christine Platt-Patrick, 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 American Recovery and
Reinvestment Act of 2009 (Recovery
Act), Public Law 111–5, section
1605(b)(2), the head of a Federal
department or agency may issue a
SUMMARY:
PO 00000
Frm 00028
Fmt 4703
Sfmt 4703
‘‘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’’). 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, in Redelegation Order
No. 00–002.01E, dated April 25, 2011.
Pursuant to this delegation the Acting
Assistant Secretary, EERE, has
concluded that: Pre-insulated district
heating pipe system consisting of thin
wall thickness steel pipe meeting the
EN13941 standard, bonded to
polyurethane foam insulation, bonded
to an HDPE jacket, such that all the
components operate as a single pipe
(including two 1.5 mm squared area
copper wires embedded in the
insulation for leak detection and
location); pre-insulated steel fittings
with the same characteristics as the preinsulated pipe; and pre-insulated
maintenance free ball valves with an all
welded valve body and a stainless steel
valve ball in a spring loaded teflon seat,
having the same insulation and jacket
characteristics as the pipe, is not
produced or manufactured in the United
States in sufficient and reasonably
available quantities and of a satisfactory
quality. The above item, when used on
eligible EERE Recovery Act-funded
projects, qualifies for the
‘‘nonavailability’’ waiver determination.
EERE has developed a robust process
to ascertain in a systematic and
expedient manner whether or not there
is domestic manufacturing capacity for
the items submitted for a waiver of the
Recovery Act Buy American provision.
This process involves a close
collaboration with the United States
Department of Commerce National
Institute of Standards and Technology
(NIST) Manufacturing Extension
Partnership (MEP), in order to scour the
domestic manufacturing landscape in
search of producers before making any
nonavailability 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,
E:\FR\FM\06APN1.SGM
06APN1
mstockstill on DSK4VPTVN1PROD with NOTICES
Federal Register / Vol. 77, No. 67 / Friday, April 6, 2012 / Notices
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 product in this 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 not locate any
domestic manufacturers for these exact
or equivalent items.
In addition to the MEP collaboration
outlined above, the EERE Buy American
Coordinator worked with other
manufacturing stakeholders to scout for
domestic manufacturing capacity or an
equivalent product for each item
contained in this waiver. EERE also
conducted significant amounts of
independent research to supplement
MEP’s scouting efforts, including
utilizing the solar experts employed by
the Department of Energy’s National
Renewable Energy Laboratory. EERE’s
research efforts confirmed the MEP
findings that the good included in this
waiver is not produced in the United
States in sufficient and reasonably
available quantities and of a satisfactory
quality.
The nonavailability determination is
also informed by the inquiries and
petitions to EERE from recipients of
EERE Recovery Act funds, and from
suppliers, distributors, retailers and
trade associations—all stating that their
individual efforts to locate domestic
manufacturers for the item have been
unsuccessful.
Specific technical information for the
manufactured goods included in this
non-availability determination is
detailed below:
Pre-insulated district heating pipe
system consisting of thin wall thickness
steel pipe meeting the EN13941
standard, bonded to polyurethane foam
insulation, bonded to an HDPE jacket,
such that all the components operate as
a single pipe (including two 1.5 mm
squared area copper wires embedded in
the insulation for leak detection and
location); pre-insulated steel fittings
with the same characteristics as the preinsulated pipe; and pre-insulated
maintenance free ball valves with an all
welded valve body and a stainless steel
valve ball in a spring loaded teflon seat,
having the same insulation and jacket
characteristics as the pipe.
Pre-insulated hot water district energy
piping manufactured as a system to
meet quality standards (EN Standards,
ISO 9001, and ISO 14001) that test all
aspects of the individual components
VerDate Mar<15>2010
16:17 Apr 05, 2012
Jkt 226001
(insulation cell structure/water
absorption/compression resistance) plus
ensure compliance of the finished
system to five rigorous tests: axial and
tangential shear strength, aged shear
strength, creep and impact resistance.
This degree of diligence is not imposed
on thermal distribution piping
manufactured as individual parts, and
as a result products produced as a
system to meet the above referenced
standards better predict overall long
term behavior of the system under
sustained high temperature, resulting in
lower life cycle cost and greater system
efficiency. Because there is not a US
manufacturer who makes a complete
system, the components (pre-insulated
valves, fittings, bends, etc.) of a hot
water district energy system, have not
been tested together to ensure that the
entire system behaves in the same
manner.
In light of the foregoing, and under
the authority of section 1605(b)(2) of
Public Law 111–5 and Redelegation
Order 00–002–01E, 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: Pre-insulated district heating pipe
system consisting of thin wall thickness
steel pipe meeting the EN13941
standard, bonded to polyurethane foam
insulation, bonded to an HDPE jacket,
such that all the components operate as
a single pipe (including two 1.5 mm
squared area copper wires embedded in
the insulation for leak detection and
location); pre-insulated steel fittings
with the same characteristics as the preinsulated pipe; and pre-insulated
maintenance free ball valves with an all
welded valve body and a stainless steel
valve ball in a spring loaded teflon seat,
having the same insulation and jacket
characteristics as the pipe.
Having established a proper
justification based on domestic
nonavailability, EERE hereby provides
notice that on March 27, 2012, one (1)
nationwide categorical waiver 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.
PO 00000
Frm 00029
Fmt 4703
Sfmt 4703
20807
Issued in Washington, DC, on March 27,
2012.
Henry Kelly,
Acting Assistant Secretary, Energy Efficiency
and Renewable Energy, U.S. Department of
Energy.
[FR Doc. 2012–8329 Filed 4–5–12; 8:45 am]
BILLING CODE 6450–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
[Docket No. CP12–98–000]
Northwest Pipeline GP; Notice of
Application
Take notice that on March 29, 2012,
Northwest Pipeline GP (Northwest), 295
Chipeta Way, Salt Lake City, Utah
84108, filed in the above referenced
docket an application pursuant to
sections 7(b) and 7(c) of the Natural Gas
Act (NGA) for authorization to construct
and operate its Kemmerer Mine
Relocation Project (Project) located in
Lincoln County, Wyoming. Northwest
states that the proposed Project consists
of installing approximately 2.4 miles
each of 26-inch diameter and 30-inch
diameter pipelines to permanently route
Northwest’s existing 26-inch diameter
and 30-inch diameter pipelines away
from an adjacent surface coal mine west
of Kemmerer, Wyoming. Northwest also
proposes to abandon by removal
approximately 0.9 miles of 30-inch
diameter pipeline, abandon by place
approximately 0.9 mile each of existing
26-inch diameter and 30-inch diameter
pipelines, and abandon in place
approximately 0.1 mile of 30-inch
diameter pipeline, all as more fully set
forth in the application which is on file
with the Commission and open to
public inspection. The filing is available
for review at the Commission in the
Public Reference Room or may be
viewed on the Commission’s Web site at
https://www.ferc.gov using the
‘‘eLibrary’’ link. Enter the docket
number excluding the last three digits in
the docket number field to access the
document. For assistance, contact FERC
at FERCOnlineSupport@ferc.gov or call
toll-free, (886) 208–3676 or TYY, (202)
502–8659.
Any questions concerning this
application may be directed to Pam
Barnes, Manager Certificates and Tariffs,
Northwest Pipeline GP, 295 Chipeta
Way, Salt Lake City, Utah 84108, at
(801) 584–6857.
There are two ways to become
involved in the Commission’s review of
this project. First, any person wishing to
obtain legal status by becoming a party
E:\FR\FM\06APN1.SGM
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]]>Agencies
[Federal Register Volume 77, Number 67 (Friday, April 6, 2012)]
[Notices]
[Pages 20806-20807]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-8329]
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Office of Energy Efficiency and Renewable Energy
Nationwide Categorical Waivers Under 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 Recovery Act projects
funded by EERE for pre-insulated district heating pipe system
consisting of thin wall thickness steel pipe meeting the EN13941
standard, bonded to polyurethane foam insulation, bonded to an HDPE
jacket, such that all the components operate as a single pipe
(including two 1.5 mm squared area copper wires embedded in the
insulation for leak detection and location); pre-insulated steel
fittings with the same characteristics as the pre-insulated pipe; and
pre-insulated maintenance free ball valves with an all welded valve
body and a stainless steel valve ball in a spring loaded teflon seat,
having the same insulation and jacket characteristics as the pipe.
DATES: Effective Date: 03/27/2012.
FOR FURTHER INFORMATION CONTACT: Christine Platt-Patrick, 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 American Recovery and
Reinvestment Act of 2009 (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''). 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, in Redelegation Order No. 00-002.01E,
dated April 25, 2011. Pursuant to this delegation the Acting Assistant
Secretary, EERE, has concluded that: Pre-insulated district heating
pipe system consisting of thin wall thickness steel pipe meeting the
EN13941 standard, bonded to polyurethane foam insulation, bonded to an
HDPE jacket, such that all the components operate as a single pipe
(including two 1.5 mm squared area copper wires embedded in the
insulation for leak detection and location); pre-insulated steel
fittings with the same characteristics as the pre-insulated pipe; and
pre-insulated maintenance free ball valves with an all welded valve
body and a stainless steel valve ball in a spring loaded teflon seat,
having the same insulation and jacket characteristics as the pipe, is
not produced or manufactured in the United States in sufficient and
reasonably available quantities and of a satisfactory quality. The
above item, when used on eligible EERE Recovery Act-funded projects,
qualifies for the ``nonavailability'' waiver determination.
EERE has developed a robust process to ascertain in a systematic
and expedient manner whether or not there is domestic manufacturing
capacity for the items submitted for a waiver of the Recovery Act Buy
American provision. This process involves a close collaboration with
the United States Department of Commerce National Institute of
Standards and Technology (NIST) Manufacturing Extension Partnership
(MEP), in order to scour the domestic manufacturing landscape in search
of producers before making any nonavailability 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,
[[Page 20807]]
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 product in this
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 not locate any domestic
manufacturers for these exact or equivalent items.
In addition to the MEP collaboration outlined above, the EERE Buy
American Coordinator worked with other manufacturing stakeholders to
scout for domestic manufacturing capacity or an equivalent product for
each item contained in this waiver. EERE also conducted significant
amounts of independent research to supplement MEP's scouting efforts,
including utilizing the solar experts employed by the Department of
Energy's National Renewable Energy Laboratory. EERE's research efforts
confirmed the MEP findings that the good included in this waiver is not
produced in the United States in sufficient and reasonably available
quantities and of a satisfactory quality.
The nonavailability determination is also informed by the inquiries
and petitions to EERE from recipients of EERE Recovery Act funds, and
from suppliers, distributors, retailers and trade associations--all
stating that their individual efforts to locate domestic manufacturers
for the item have been unsuccessful.
Specific technical information for the manufactured goods included
in this non-availability determination is detailed below:
Pre-insulated district heating pipe system consisting of thin wall
thickness steel pipe meeting the EN13941 standard, bonded to
polyurethane foam insulation, bonded to an HDPE jacket, such that all
the components operate as a single pipe (including two 1.5 mm squared
area copper wires embedded in the insulation for leak detection and
location); pre-insulated steel fittings with the same characteristics
as the pre-insulated pipe; and pre-insulated maintenance free ball
valves with an all welded valve body and a stainless steel valve ball
in a spring loaded teflon seat, having the same insulation and jacket
characteristics as the pipe.
Pre-insulated hot water district energy piping manufactured as a
system to meet quality standards (EN Standards, ISO 9001, and ISO
14001) that test all aspects of the individual components (insulation
cell structure/water absorption/compression resistance) plus ensure
compliance of the finished system to five rigorous tests: axial and
tangential shear strength, aged shear strength, creep and impact
resistance. This degree of diligence is not imposed on thermal
distribution piping manufactured as individual parts, and as a result
products produced as a system to meet the above referenced standards
better predict overall long term behavior of the system under sustained
high temperature, resulting in lower life cycle cost and greater system
efficiency. Because there is not a US manufacturer who makes a complete
system, the components (pre-insulated valves, fittings, bends, etc.) of
a hot water district energy system, have not been tested together to
ensure that the entire system behaves in the same manner.
In light of the foregoing, and under the authority of section
1605(b)(2) of Public Law 111-5 and Redelegation Order 00-002-01E, 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: Pre-insulated district heating pipe system
consisting of thin wall thickness steel pipe meeting the EN13941
standard, bonded to polyurethane foam insulation, bonded to an HDPE
jacket, such that all the components operate as a single pipe
(including two 1.5 mm squared area copper wires embedded in the
insulation for leak detection and location); pre-insulated steel
fittings with the same characteristics as the pre-insulated pipe; and
pre-insulated maintenance free ball valves with an all welded valve
body and a stainless steel valve ball in a spring loaded teflon seat,
having the same insulation and jacket characteristics as the pipe.
Having established a proper justification based on domestic
nonavailability, EERE hereby provides notice that on March 27, 2012,
one (1) nationwide categorical waiver 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 March 27, 2012.
Henry Kelly,
Acting Assistant Secretary, Energy Efficiency and Renewable Energy,
U.S. Department of Energy.
[FR Doc. 2012-8329 Filed 4-5-12; 8:45 am]
BILLING CODE 6450-01-P
