72822 Federal Register / Vol. 75, No. 227 / Friday, November 26, 2010 / Notices 

Online service, please e-mail 

FERCOnlineSupport@ferc.gov, or call 

(866) 208–3676 (toll free). For TTY, call 

(202) 502–8659. 

Nathaniel J. Davis, Sr., 

Deputy Secretary. 

[FR Doc. 2010–29706 Filed 11–24–10; 8:45 am] 

BILLING CODE 6717–01–P 

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. 

ACTION: Notice of Limited Waivers. 

SUMMARY: The U.S. Department of 

Energy (DOE) is hereby issuing an 

Amended Determination of 

Inapplicability (waiver) of section 1605 

of the American Reinvestment and 

Recovery Act of 2009 (Recovery Act Buy 

American provisions) to EERE-funded 

projects for LED traffic lights, arrows 

and crosswalk signals, as well as the 

adjacent wires and electronic parts 

necessary for the functionality of the 

lights themselves. 

This amendment withdraws the 

waiver issued on February 11, 2010 for 

LED traffic lights, arrows and crosswalk 

signals, as well as the adjacent wires 

and electronic parts necessary for the 

functionality of the lights themselves. 

DATES: Effective Date: November 5, 

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: Under the 

authority of 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 September 17, 

2010, the authority of the Secretary of 

Energy to make all inapplicability 

determinations was delegated to the 

Assistant Secretary for Energy Efficiency 

and Renewable Energy (EERE), for EERE 

projects under the Recovery Act. 

The Assistant Secretary reserves the 

right to revisit and amend these 

determinations, based upon a number of 

factors, including a change in the 

manufacturing landscape, such as the 

entry into the market of new domestic 

manufacturers. 

It has come to the attention of EERE 

that at least one manufacturer of LED 

traffic signals (including stop-lights, 

crosswalk lights and arrows) has 

recently relocated some of its 

manufacturing from Mexico back to the 

United States. These products are now 

manufactured in the United States of 

satisfactory quality and in reasonably 

available quantities to satisfy the project 

needs of EERE Recovery Act grant 

recipients. 

As a result, the Assistant Secretary 

has amended the February 11, 2010 

nonavailability waiver to withdraw LED 

traffic lights, arrows and cross walk 

signals and the adjacent wires and 

electronic parts necessary for the 

functionality of the lights themselves. 

These products are once again subject to 

the Buy American provisions. The 

waiver for LED traffic lights, arrows and 

cross walk signals (as well as the 

adjacent wires and electronic parts 

necessary for the functionality of the 

lights themselves), will be withdrawn 

effective December 1, 2010. 

The remaining items covered by the 

February 11, 2010 Waiver (Plug-in CFLs 

of 10 inches or less and electronic 

ballasts for fluorescent lamps) continue 

to be covered by the February 11, 2010 

waiver. 

In order for the February 11, 2010 

waiver to continue to apply to LED 

traffic lights, arrows and crosswalk 

signals, as well as the adjacent wires 

and electronic parts necessary for the 

functionality of the lights themselves 

substantial steps to commit funds for 

the purchase of the LED traffic lights, 

arrows and cross walk signals or the 

adjacent wires and electronic parts 

necessary for the functionality of the 

lights themselves must have been made 

before December 1, 2010. 

Substantial steps to commit funds 

would include, but are not limited to, 

(1) issuing a Request for Proposals (RFP) 

on or before December 1, 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 December 1, 2010; (3) 

commencing a bidding process on or 

before December 1, 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 December 1, 

2010 and the order for the goods is 

placed on or before December 1, 2010; 

or (5) grantee has executed a contract or 

purchase agreement with a supplier to 

acquire affected goods on or before 

December 1, 2010. 

Having established a proper 

justification for the withdrawal of a 

‘‘nonavailability waiver’’ based on 

domestic nonavailability, EERE hereby 

provides notice that on November 5, 

2010 an amended nationwide 

categorical waiver of Section 1605 of the 

Recovery Act was issued as detailed 

supra. This amended nationwide 

categorical waiver withdraws the waiver 

issued on February 11, 2010 for LED 

traffic lights, arrows and crosswalk 

signals, as well as the adjacent wires 

and electronic parts necessary for the 

functionality of the lights themselves. 

This notice constitutes the detailed 

written justification required by Section 

1605(c). 

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. 

Issued in Washington, DC on November 5, 

2010. 

Cathy Zoi, 

Assistant Secretary, Energy Efficiency and 

Renewable Energy, U.S. Department of 

Energy. 

[FR Doc. 2010–29781 Filed 11–24–10; 8:45 am] 

BILLING CODE 6450–01–P 

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 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 75, No. 227 / Friday, November 26, 2010 / Notices 72823 

sufficient and reasonably available 

quantities and of a satisfactory quality) 

with respect to (1) surface mounting 

time switches with 24-hour program 

dials and single-pole-double-throw 

switches; (2) HVAC units with 8.375′ W 

× 9.5′ H × 2.72′ D—Only when the 

application requires an HVAC unit with 

a height of 10′ or less due to 

documented space constraints; (3) low 

temperature thermostats with a 

temperature range of 15–55 degrees 

Fahrenheit and manual reset; (4) 

Programmable DDC controllers for LON 

protocol, where an existing LON system 

exists that will not interface with other 

protocols without the input of extensive 

time and expense equal to or greater 

than the cost of the controllers 

themselves; and (5) Hardware necessary 

for implementation of Honeywell 

Enterprise Buildings Integrator (EBI) 

software for integration of water 

management and HVAC systems 

including: Customized Dell PowerEdge 

T610 Computer Server; Honeywell 

XL50UMMIPC-CBLON; Echelon LPR–10 

#42100R; Sloan—MCR231–D; Sloan— 

MCR140A, that will be used on eligible 

EERE-Recovery Act funded projects. 

DATES: Effective Date: November 5, 

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: 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 

September 17, 2010, the authority of the 

Secretary of Energy to make all 

inapplicability determinations was 

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 (1) surface 

mounting time switches with 24-hour 

program dials and single-pole-doublethrow switches; (2) HVAC units with 

8.375′ W × 9.5′ H × 2.72′ D—Only when 

the application requires an HVAC unit 

with a height of 10′ or less due to 

documented space constraints; and (3) 

low temperature thermostats with a 

temperature range of 15–55 degrees 

Fahrenheit and manual reset; (4) 

Programmable DDC controllers for LON 

protocol, where an existing LON system 

exists that will not interface with other 

protocols without the input of extensive 

time and expense equal to or greater 

than the cost of the controllers 

themselves; and (5) Hardware necessary 

for implementation of Honeywell 

Enterprise Buildings Integrator (EBI) 

software for integration of water 

management and HVAC systems 

including: Customized Dell PowerEdge 

T610 Computer Server; Honeywell 

XL50UMMIPC–CBLON; Echelon LPR– 

10 #42100R; Sloan—MCR231–D; 

Sloan—MCR140A, that will be used on 

eligible EERE-Recovery Act funded 

projects qualify 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 determination. 

The NIST 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 five products in the 

current waiver, EERE reviewed the 

information provided and submitted the 

relevant technical information to the 

NIST MEP. The MEP then used their 

network of nationwide centers to scout 

for domestic manufacturers. The NIST 

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 labor unions, 

trade associations and 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 goods included in this 

waiver are 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 have been unsuccessful. 

Having established a proper 

justification based on domestic 

nonavailability, EERE hereby provides 

notice that on November 10, 2010, five 

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 her 

responsibility. Consequently, this 

waiver applies to EERE projects carried 

out under the Recovery Act. 

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

Issued in Washington, DC on November 5, 

2010. 

Cathy Zoi, 

Assistant Secretary, Energy Efficiency and 

Renewable Energy, U.S. Department of 

Energy. 

[FR Doc. 2010–29775 Filed 11–24–10; 8:45 am] 

BILLING CODE 6450–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[ER–FRL–8993–8] 

Environmental Impact Statements; 

Notice of Availability 

Responsible Agency: Office of Federal 

Activities, General Information (202) 

564–1399 or http://www.epa.gov/ 

compliance/nepa/. 

Weekly receipt of Environmental Impact 

Statements 


srobinson on DSKHWCL6B1PROD with NOTICES