14592 Federal Register / Vol. 75, No. 58 / Friday, March 26, 2010 / Notices 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket No. ER10–853–000] 

Dynamic PL, Inc.; Supplemental Notice 

That Initial Market-Based Rate Filing 

Includes Request for Blanket Section 

204 Authorization 

March 19, 2010. 

This is a supplemental notice in the 

above-referenced proceeding of 

Dynamic PL, Inc’s application for 

market-based rate authority, with an 

accompanying rate tariff, noting that 

such application includes a request for 

blanket authorization, under 18 CFR 

part 34, of future issuances of securities 

and assumptions of liability. 

Any person desiring to intervene or to 

protest should file with the Federal 

Energy Regulatory Commission, 888 

First Street, NE., Washington, DC, 

20426, in accordance with Rules 211 

and 214 of the Commission’s Rules of 

Practice and Procedure (18 CFR 385.211 

and 385.214). Anyone filing a motion to 

intervene or protest must serve a copy 

of that document on the Applicant. 

Notice is hereby given that the 

deadline for filing protests with regard 

to the applicant’s request for blanket 

authorization, under 18 CFR part 34, of 

future issuances of securities and 

assumptions of liability, is April 8, 

2010. 

The Commission encourages 

electronic submission of protests and 

interventions in lieu of paper, using the 

FERC Online links at http:// 

www.ferc.gov. To facilitate electronic 

service, persons with Internet access 

who will eFile a document and/or be 

listed as a contact for an intervenor 

must create and validate an 

eRegistration account using the 

eRegistration link. Select the eFiling 

link to log on and submit the 

intervention or protests. 

Persons unable to file electronically 

should submit an original and 14 copies 

of the intervention or protest to the 

Federal Energy Regulatory Commission, 

888 First St., NE., Washington, DC, 

20426. 

The filings in the above-referenced 

proceeding are accessible in the 

Commission’s eLibrary system by 

clicking on the appropriate link in the 

above list. They are also 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 

dockets(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. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. 2010–6681 Filed 3–25–10; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

Nationwide Limited Public Interest 

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 Office of Energy 

Efficiency and Renewable Energy 

(EERE) of the U.S. Department of Energy 

hereby provides notice that on March 

19, 2010, the Assistant Secretary for 

EERE granted nationwide limited 

waivers of the Buy American 

requirements of the American Recovery 

and Reinvestment Act of 2009 (Recovery 

Act; Pub. L. 111–5) under the authority 

of section 1605(b)(1) [application of the 

restrictions of section 1605 would be 

inconsistent with the public interest] for 

the purchase of light-emitting diode 

LED lighting (lamps, fixtures, and any 

supporting components) and heating, 

ventilation and air conditioning (HVAC) 

units. These nationwide limited waivers 

apply to projects using EERE Recovery 

Act funds for the construction, 

alteration, maintenance and repair of a 

public building or public work. These 

limited waivers only apply in 

circumstances where the recipient of 

EERE Recovery Act funds (‘‘grantee’’) 

has taken substantial steps to commit 

funds for the purchase of LED lights or 

HVAC units between February 17, 2009 

and March 31, 2010. Substantial steps to 

commit funds would include, but are 

not limited to: (1) issuing a Request for 

Proposals (RFP) on or before March 31, 

2010 (applicable only where the grantee 

accepts a proposal received under that 

RFP); (2) in the case of a sole source 

selection: placing an order for the goods 

on or before March 31, 2010; (3) 

commencing a bidding process on or 

before March 31, 2010; (4) in 

circumstances where the grantee 

solicited quotes without an RFP: the 

grantee purchases the goods based on a 

quote dated on or before March 31, 2010 

and the order for the goods is placed on 

or before March 31, 2010; and (5) 

grantee has executed a contract or 

purchase agreement with a supplier to 

acquire affected goods between 

February 17, 2009 and March 31, 2010. 

On March 31, 2010, these limited 

waivers of Buy American provisions 

will expire, with the exception of LED 

traffic lights, arrows, and crosswalk 

signals, which are covered by a 

nationwide categorical waiver based on 

domestic nonavailability issued on 

February 11, 2010. After March 31, 

2010, EERE grantees are required to 

procure LED lighting and HVAC units 

from domestic manufacturers in 

accordance with the Recovery Act Buy 

American provisions. 

DATES: Effective Date: March 19, 2010. 

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: Section 

1605 of the Recovery Act prohibits the 

use of recovery funds for the 

construction, alteration, maintenance, or 

repair of a public building or public 

work unless all of the iron, steel, and 

manufactured goods used in the project 

are produced in the United States, or 

unless a waiver is granted by the head 

of the Federal department or agency. A 

waiver may be granted if the head of the 

Federal department or agency 

determines that one of three listed 

exceptions applies: (1) The application 

of Section 1605 requirements would be 

inconsistent with the public interest; (2) 

the iron, steel, or relevant manufactured 

good is not produced in the United 

States in sufficient and reasonably 

available quantities and of a satisfactory 

quality; or (3) the cost of domestic iron, 

steel, or relevant manufactured goods 

will increase the cost of the overall 

project by more than 25 percent. 

In accordance with section 1605(c) of 

the Recovery Act and Section 176.80 of 

Title 2 of the Code of Federal 

Regulations, DOE hereby provides 

notice that, pursuant to a delegation of 

authority by the Secretary of Energy, 

dated November 10, 2009, the Assistant 

Secretary, EERE, has granted limited 

nationwide waivers of the requirements 

of Section 1605 of the Recovery Act for 

LED lighting (lamps, fixtures, and any 

supporting components) and heating, 

ventilation and air conditioning (HVAC) 

units in circumstances where the 

recipient of EERE Recovery Act funds 

(‘‘grantee’’) has taken substantial steps to 


emcdonald on DSK2BSOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 58 / Friday, March 26, 2010 / Notices 14593 

commit funds for the purchase of LED 

lights or HVAC units between February 

17, 2009 and March 31, 2010. Under the 

authority of section 1605(b)(1) of the 

Recovery Act, the Assistant Secretary, 

EERE, has determined that the 

application of section 1605 

requirements in these circumstances 

would be inconsistent with the public 

interest. 

The limited waivers for these two 

categories of manufactured goods are 

intended to resolve the confusion 

surrounding the characterization of LED 

lights and HVAC units as ‘‘supply’’ 

items, and thus not subject to the 

Recovery Act Buy American provisions. 

The concept of the ‘‘supply’’ item has its 

origins in the Buy American Act (41 

U.S.C. 10a–10d) and the Federal 

Acquisition Regulation (FAR), neither of 

which applies to section 1605 of the 

Recovery Act. The concept of a ‘‘supply’’ 

item has no significance in the context 

of section 1605 (the Buy American 

provisions) of the Recovery Act. The 

Buy American provisions apply to all 

iron, steel, and manufactured goods 

used for a project funded by Recovery 

Act appropriations for the construction, 

alteration, maintenance, or repair of a 

public building or public work. 

However, there is no requirement with 

regard to the origin of components or 

subcomponents in manufactured goods 

used in the project, as long as the 

manufacturing occurs in the United 

States (2 CFR 176.70). 

However, it is understandable that a 

general lack of familiarity with the Buy 

American provisions would lead 

Recovery Act stakeholders to reference 

a similar set of procurement 

regulations—such as those codified by 

the FAR and Buy American Act—for 

guidance in understanding and 

interpreting section 1605 of the 

Recovery Act. This confusion ultimately 

led some recipients of EERE Recovery 

Act funds to rely on the ‘‘supply’’ item 

characterization to procure some LED 

lighting products and HVAC units from 

foreign manufacturers, without first 

seeking and obtaining an official waiver 

of section 1605 of the Recovery Act. 

The purpose of the Recovery Act Buy 

American provisions is to support 

economic recovery by driving 

investment into the domestic 

manufacturing sector and recycling 

Recovery Act dollars within the U.S. 

economy. Given that the majority of 

Recovery Act-related procurement for 

EERE-funded projects has yet to occur, 

the Buy American provisions still have 

ample opportunity to fulfill their 

purpose and potential. This nationwide 

limited waiver being issued for LED 

lighting and HVAC units is critical to 

resolving the existing confusion, clearly 

elucidating the requirements of section 

1605 of the Recovery Act, and moving 

forward in a proactive manner. 

To support this potential, facilitate 

the implementation of section 1605 of 

the Recovery Act, and ensure that 

Recovery Act funds are deployed 

expeditiously, EERE is operationalizing 

a robust and proactive strategy to locate 

domestic manufacturers for the hard-tofind products sought by grantees. This 

strategy is outlined in a Request for 

Information published in Federal 

Register Vol. 75, No. 23 on Thursday, 

February 4 (and posted on the EERE Buy 

American Web page http:// 

www1.eere.energy.gov/recovery/ 

buy_american_provision.html), and 

demonstrates EERE’s commitment to the 

fulfillment of the economic and jobcreation potential of the Recovery Act 

Buy American provisions. 

Finally, the installation of LED lights 

and more efficient HVAC units is a 

proven strategy to achieve impressive 

energy savings, reduce energy 

expenditures, and to create immediate 

jobs in the building, construction, and 

electrical trades. All three of these 

attributes can support near-term 

economic recovery and long-term 

sustainability in locations across the 

country. Hence, the installation of these 

products has inherently supported the 

goals of the Recovery Act and—as a 

popular use of Recovery Act funds by 

EERE grantees—will continue to do so 

in the unambiguous regulatory 

landscape made possible by this 

nationwide limited waiver. 

This SUPPLEMENTARY INFORMATION

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 EERE projects carried 

out under the Recovery Act. 

Authority: Pub. L. 111–5, section 1605. 

Dated: March 19, 2010. 

Cathy Zoi, 

Assistant Secretary for Energy Efficiency and 

Renewable Energy, U.S. Department of 

Energy. 

[FR Doc. 2010–6720 Filed 3–25–10; 8:45 am] 

BILLING CODE 6450–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[ER–FRL–8989–4] 

Environmental Impact Statements and 

Regulations; Availability of EPA 

Comments 

Availability of EPA comments 

prepared pursuant to the Environmental 

Review Process (ERP), under section 

309 of the Clean Air Act and Section 

102(2)(c) of the National Environmental 

Policy Act as amended. Requests for 

copies of EPA comments can be directed 

to the Office of Federal Activities at 

202–564–7146 or http://www.epa.gov/ 

compliance/nepa/. An explanation of 

the ratings assigned to draft 

environmental impact statements (EISs) 

was published in FR dated July 17, 2009 

(74 FR 34754). 

Notice 

In accordance with Section 309(a) of 

the Clean Air Act, EPA is required to 

make its comments on EISs issued by 

other Federal agencies public. 

Historically, EPA has met this mandate 

by publishing weekly notices of 

availability of EPA comments, which 

includes a brief summary of EPA’s 

comment letters, in the Federal 

Register. Since February 2008, EPA has 

been including its comment letters on 

EISs on its Web site at: http:// 

www.epa.gov/compliance/nepa/ 

eisdata.html. Including the entire EIS 

comment letters on the Web site 

satisfies the Section 309(a) requirement 

to make EPA’s comments on EISs 

available to the public. Accordingly, 

after March 31, 2010, EPA will 

discontinue the publication of this 

notice of availability of EPA comments 

in the Federal Register. 

Draft EISs 

EIS No. 20090429, ERP No. D–IBR– 

L39067–ID, Minidoka Dam Spillway 

Replacement Project, To Prevent 

Structural Failure of the Minidoka Dam 

Spillway and Canal Headworks, Lake 

Walcott, Minidoka County, ID. 

Summary: EPA expressed 

environmental concerns about water 

quality impacts, the potential extent of 

jurisdictional wetlands, and the extent 

to which the wetlands below the dam 

would be monitored and adaptively 

managed. Rating EC1. 

EIS No. 20090432, ERP No. D–NPS– 

D65042–DC, National Mall Plan, To 

Prepare a Long-Term Plan that will 

Restore National Mall, Implementation, 

Washington, DC. 

Summary: EPA expressed 

environmental concerns about impacts 


emcdonald on DSK2BSOYB1PROD with NOTICES