52322 Federal Register / Vol. 75, No. 164 / Wednesday, August 25, 2010 / Notices 

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(s) 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 email 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. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. 2010–21074 Filed 8–24–10; 8:45 am] 

BILLING CODE 6717–01–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 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) (public interest 

waiver), with respect to the following 

solar photo-voltaic (PV) equipment: (1) 

Domestically-manufactured modules 

containing foreign-manufactured cells, 

(2) Foreign-manufactured modules, 

when comprised of 100 percent 

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 that 

will be used on eligible EERE- Recovery 

Act funded projects. This waiver expires 

on February 6, 2011, six months from 

the day it took effect. 

DATES: Effective Date: August 6, 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, 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 November 10, 2009, 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). 

Specifically, this public interest 

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 comprised of 100 percent 

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. This 

waiver expires on February 6, 2011, six 

months from the day it took effect. 

Solar cells are the basic building 

block of PV technologies. The cells are 

functional semiconductors, made by 

processing and treating crystalline 

silicon or other photo-sensitive 

materials to create a layered product 

that generates electricity by absorbing 

light photons. The individual cells are 

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 is in 

the context of the complex solar 

production chain is complicated. Under 

a plain reading of the Recovery Act Buy 

American provisions, only the modules 

would need to be manufactured in the 

United States, but the source of the 

components parts—including 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 for 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; or (3) 

choose a more inclusive approach that 

allows a solar installation to comply if 

either the cells or the module are 

manufactured in the United States. 

Because of the dynamic nature of the 

solar PV manufacturing sector, the 

number of manufacturers given below is 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 75, No. 164 / Wednesday, August 25, 2010 / Notices 52323 

approximate. EERE is aware of 

companies in the process of moving 

manufacturing capacity into and out of 

the United States, and new companies 

may emerge that were not included in 

the most recent round of research. As a 

result, these numbers may fluctuate. In 

addition, thin-film solar PV modules are 

not covered by this waiver, as grantees 

have stated, and EERE’s research has 

confirmed, that these products do not 

meet the specifications for most 

Recovery Act projects funded by EERE. 

In the event that a thin film installation 

is being purchased with EERE Recovery 

Act funds, then it would meet the Buy 

American provisions as long as the 

modules were manufactured in the U.S. 

Option 1 is consistent with the 

current interpretation of the Buy 

American provisions, which are 

satisfied as long as final manufacturing 

takes place in the U.S. However, if EERE 

were to choose Option 1, there would be 

only four companies producing solar PV 

modules in the United States that could 

sell their products to EERE grantees. If 

Option 2 were chosen, the market 

would be even more limited, with only 

two companies producing both the cell 

and the module in the United States. 

Finally, for Option 3, an additional five 

companies would be able to compete for 

grantees’ solar PV projects in addition to 

the four that produce modules, bringing 

the total U.S. marketplace benefit to 

nine companies. 

This public interest waiver affirms 

EERE’s determination that the 

manufacturing process for cells and the 

final PV module production represent 

distinct and significant stages in the 

solar PV manufacturing chain. 

Conducting either of these discrete 

activities in the United States creates 

roughly equal numbers of American 

jobs. The design and manufacture of the 

cells also captures the largest portion of 

the intellectual property present in a 

solar array. Designing and increasing the 

efficiency of cells is high-value work 

that directly affects the end product. 

EERE believes the public interest is best 

served by supporting the domestic cell 

manufacturing industry at this time. 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. 

Because the Assistant Secretary 

believes strongly in increasing the 

domestic PV manufacturing capacity in 

the United States, she is limiting the 

duration of this waiver to six months 

from the date it goes into effect, with the 

expectation that there will be an 

increase in the number of companies 

that produce modules in the United 

States containing domesticallymanufactured cells. 

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, such as 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 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. 

Having established a proper 

justification based on the public 

interest, EERE hereby provides notice 

that on August 6, 2010, a nationwide 

public interest waiver of section 1605 of 

the Recovery Act was issued for 

ancillary solar Photovoltaic (PV) 

equipment 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. This waiver 

expires on February 6, 2011, six months 

from the day it took effect. Furthermore, 

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 on August 16, 

2010. 

Cathy Zoi, 

Assistant Secretary for Energy Efficiency and 

Renewable Energy, U.S. Department of 

Energy. 

[FR Doc. 2010–21115 Filed 8–24–10; 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 

sufficient and reasonably available 

quantities and of a satisfactory quality) 

with respect to: 24-leaf, motorized DMX 

iris units; induction lamps and ballasts 

for induction lighting systems 

(excluding fixtures for induction 

lighting); Enphase micro-inverters for 

solar photovoltaic systems; gas or 

propane commercial-scale high 

efficiency condensing wall hung boiler 

with indirect water heater, 94% or 

greater efficiency and a BTU output 

below 350,000, constructed with 

SA240–316 Ti stainless steel; largeformat solar thermal collectors for 

integrated district heating systems 

(includes only high-performance flat 

plate solar collectors that possess the 

ability to limit the convective heat loss 

from the absorber plate to the cover 

glass, effectively minimizing heat losses 

to less than 2.6 W/m2K; the capability 

of sustaining output temperatures of 195 

degrees F; and a gross collector area of 

greater than 150 ft2); turbochargers for 

Mitsubishi/Man 52/55B diesel generator 

engine (only in circumstances where 

replacing an existing MAN/NA48T 

turbocharger); and Liebert Variable 

Speed Upgrade Kits and Liebert iCOM 

Control Upgrade kits for the Liebert 

Chilled Water Deluxe heating, cooling, 

and humidification space conditioner 

that will be used on eligible EERERecovery Act funded projects. 

DATES: Effective Date: August 11, 2010. 


srobinson on DSKHWCL6B1PROD with NOTICES