47568 Federal Register / Vol. 76, No. 151 / Friday, August 5, 2011 / Notices 

handrail LED lighting system is unique 

to one manufacturer, and there is 

nothing comparable that is 

manufactured in the U.S. In light of the 

foregoing, and under the authority of 

section 1605(b)(2) of Public Law 111–5 

and Redelegation Order 00–002–01D, 

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: (1) 2–10 

horsepower, self contained, sensorless, 

variable speed pumps; (2) bi-directional 

bicycle counters; (3) 28W, 30W, and 

60W 360 degree LED bulbs for retrofits 

of HPS streetlights; (4) bathroom 

ventilation fans with a built in 

occupancy sensors; (5) solar 

thermosiphon water heating systems 

certified by FSEC; (6) 40 Ton, factoryassembled, indirect-fired absorption 

chillers; (7) premium efficiency electric 

drive submersible pump motors (motors 

only, not pumps themselves); and (8) 

flush-to-handrail LED lighting systems. 

This waiver determination is pursuant 

to the delegation of authority by the 

Secretary of Energy to the Acting 

Assistant Secretary for Energy Efficiency 

and Renewable Energy with respect to 

expenditures within the purview of his 

responsibility. Consequently, this 

waiver applies only to EERE projects 

carried out under the Recovery Act. 

Having established a proper 

justification based on domestic 

nonavailability, EERE hereby provides 

notice that on July 08, 2011, eight 

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 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 July 8, 2011. 

Henry Kelly, 

Acting Assistant Secretary, Energy Efficiency 

and Renewable Energy, U.S. Department of 

Energy. 

[FR Doc. 2011–19882 Filed 8–4–11; 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 

sufficient and reasonably available 

quantities and of a satisfactory quality), 

with respect to: five kilowatt (5kW) and 

fifty kilowatt (50kW) wind turbines for 

use on eligible EERE-Recovery Act 

funded projects. 

DATES: Effective Date: July 8, 2011. 

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 April 25, 

2011, 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. 

Pursuant to this delegation the Assistant 

Secretary, EERE, has concluded that: 

five kilowatt (5kW) and fifty kilowatt 

(50kW) wind turbines qualify for the 

‘‘nonavailability’’ waiver determination 

when utilized in eligible EERE Recovery 

Act-funded projects where the wind 

resource and needs of the project 

require such size. 

While there are US manufacturers of 

turbines appropriate for the needs of the 

great majority of EERE funded wind 

projects, there are currently no US 

manufacturers of five kilowatt (5kW) or 

fifty kilowatt (50kW) turbines. 

The EERE Buy American Coordinator 

has worked with many manufacturing 

stakeholders to scout for domestic 

manufacturing capacity or an equivalent 

product for each item contained in this 

waiver. This included the Small Wind 

Manufacturing Council, the Distributed 

Wind Energy Association, and the 

American Wind Energy Association. 

EERE also conducted significant 

amounts of independent research, 

including utilizing the small wind 

experts employed by the Department of 

Energy’s National Renewable Energy 

Laboratory. In addition, this 

nonavailability determination is 

informed by the many 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 five kilowatt (5kW) 

and fifty kilowatt (50kW) turbines have 

been unsuccessful. 

For all Recovery Act Buy American 

waiver requests, EERE also employs a 

comprehensive process to ascertain in a 

systematic and expedient manner 

whether or not there is domestic 

manufacturing capacity for the items 

submitted for a waiver. 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, 

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 two products in the 

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 


erowe on DSKG8SOYB1PROD with NOTICES
Federal Register / Vol. 76, No. 151 / Friday, August 5, 2011 / Notices 47569 

not locate any domestic manufacturers 

for these exact or equivalent items. 

The research efforts of MEP confirmed 

EERE’s findings that the 5kW and 50kW 

turbines referenced in this waiver are 

not produced in the United States in 

sufficient and reasonably available 

quantities and of a satisfactory quality. 

In light of the foregoing, and under 

the authority of section 1605(b)(2) of 

Public Law 111–5 and Redelegation 

Order 00–002–01D, 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: five kilowatt (5kW) and fifty 

kilowatt (50kW) wind turbines, when 

used on eligible EERE Recovery Actfunded projects. 

This waiver determination is pursuant 

to the delegation of authority by the 

Secretary of Energy to the Acting 

Assistant Secretary for Energy Efficiency 

and Renewable Energy with respect to 

expenditures within the purview of his 

responsibility. Consequently, this 

waiver applies only to EERE projects 

carried out under the Recovery Act. 

Having established a proper 

justification based on domestic 

nonavailability, EERE hereby provides 

notice that on July 8, 2011, two 

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 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 July 8, 2011. 

Henry Kelly, 

Acting Assistant Secretary, Energy Efficiency 

and Renewable Energy, U.S. Department of 

Energy. 

[FR Doc. 2011–19887 Filed 8–4–11; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket Nos. PR11–111–000; PR11–111– 

001] 

Arcadia Gas Storage, LLC; Notice of 

Baseline Filing 

Take notice that on May 19, 2011 and 

July 26, 2011, Arcadia Gas Storage, LLC 

submitted a revised baseline filing of 

their Statement of Operating Conditions 

for services provided under Section 311 

of the Natural Gas Policy Act of 1978 

(‘‘NGPA’’). 

Any person desiring to participate in 

this rate proceeding must file a motion 

to intervene or to protest this filing must 

file in accordance with Rules 211 and 

214 of the Commission’s Rules of 

Practice and Procedure (18 CFR 385.211 

and 385.214). Protests will be 

considered by the Commission in 

determining the appropriate action to be 

taken, but will not serve to make 

protestants parties to the proceeding. 

Any person wishing to become a party 

must file a notice of intervention or 

motion to intervene, as appropriate. 

Such notices, motions, or protests must 

be filed on or before the date as 

indicated below. Anyone filing an 

intervention or protest must serve a 

copy of that document on the Applicant. 

Anyone filing an intervention or protest 

on or before the intervention or protest 

date need not serve motions to intervene 

or protests on persons other than the 

Applicant. 

The Commission encourages 

electronic submission of protests and 

interventions in lieu of paper using the 

‘‘eFiling’’ link at http://www.ferc.gov. 

Persons unable to file electronically 

should submit an original and 7 copies 

of the protest or intervention to the 

Federal Energy Regulatory Commission, 

888 First Street, NE., Washington, DC 

20426. 

This filing is accessible on-line at 

http://www.ferc.gov, using the 

‘‘eLibrary’’ link and is 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 

docket(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. 

Comment Date: 5 p.m. Eastern Time 

on Monday August 8, 2011. 

Dated: August 1, 2011. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. 2011–19944 Filed 8–4–11; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

Combined Notice of Filings #2 

Take notice that the Commission 

received the following electric rate 

filings: 

Docket Numbers: ER11–3494–001. 

Applicants: Southwest Power Pool, 

Inc. 

Description: Southwest Power Pool, 

Inc. submits tariff filing per 35: 

Compliance Revisions to 2198 Kansas 

Power Pool NITSA to be effective 4/1/ 

2011. 

Filed Date: 08/01/2011. 

Accession Number: 20110801–5132. 

Comment Date: 5 p.m. Eastern Time 

on Monday, August 22, 2011. 

Docket Numbers: ER11–3522–001. 

Applicants: Public Service Company 

of New Mexico. 

Description: Public Service Company 

of New Mexico submits tariff filing per 

35.17(b): PNM Response to Request for 

Additional Information on LGIP Filing 

to be effective 9/30/2011. 

Filed Date: 08/01/2011. 

Accession Number: 20110801–5111. 

Comment Date: 5 p.m. Eastern Time 

on Monday, August 22, 2011. 

Docket Numbers: ER11–4165–000. 

Applicants: New England Power Pool 

Participants Committee. 

Description: New England Power Pool 

Participants Committee submits tariff 

filing per 35.13(a)(2)(iii: Aug 2011 

Membership Filing to be effective 8/1/ 

2011. 

Filed Date: 08/01/2011. 

Accession Number: 20110801–5000. 

Comment Date: 5 p.m. Eastern Time 

on Monday, August 22, 2011. 

Docket Numbers: ER11–4166–000. 

Applicants: Pacific Gas and Electric 

Company. 

Description: Pacific Gas and Electric 

Company submits tariff filing per 

35.13(a)(2)(iii: CCSF IA—34th Quarterly 

Filing of Facilities Agreements to be 

effective 6/30/2011. 

Filed Date: 08/01/2011. 

Accession Number: 20110801–5001. 

Comment Date: 5 p.m. Eastern Time 

on Monday, August 22, 2011. 

Docket Numbers: ER11–4168–000. 

Applicants: ITC Midwest LLC. 

Description: ITC Midwest LLC 

submits tariff filing per 35.13(a)(2)(iii: 


erowe on DSKG8SOYB1PROD with NOTICES