55892 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) 

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) 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. 

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 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 

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Federal Register / Vol. 76, No. 175 / Friday, September 9, 2011 / Notices 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 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 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. 

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 http://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 http:// 

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 

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