### 4029 Federal Register / Vol. 77, No. 17 / Thursday, January 26, 2012 / Notices

DOE/FE O RDERS 

### G RANTING 

### I MPORT 

### /EXPORT 

### AUTHORIZATIONS

Order No. Date issued FE Docket No. Authorization holder Description of action

3040 ............ 12/02/11 ...... 11–147–NG Gas Natural Caxitlan, S. de R.L Order granting blanket authority to export natural gas to Mexico. 3041 ............ 12/07/11 ...... 11–127–LNG Jordan Cove Energy Project,

L.P. Order granting long-term multi-contract authority to export LNG by vessel from the Jordan Cove LNG Terminal to Free Trade Agreement nations. 3042 ............ 12/07/11 ...... 11–144–NG Irving Oil Terminals Inc ............ Order granting blanket authority to import natural gas from
Canada. 3043 ............ 12/07/11 ...... 11–148–NG Puget Sound Energy, Inc ......... Order granting blanket authority to import/export natural gas
from/to Canada. 3044 ............ 12/08/11 ...... 11–143–NG Maritimes NG Supply ............... Order granting blanket authority to import natural gas from
Canada. 3045 ............ 12/09/11 ...... 11–138–NG Tidal Energy Marketing Inc ...... Order granting blanket authority to import natural gas f rom Canada. 3046 ............ 12/09/11 ...... 11–149–NG Macquarie Energy LLC ............. Order granting blanket authority to import/export natural gas from/to Canada/Mexico, to import LNG from Canada/Mexico by truck, to export LNG to Canada/Mexico by vessel, and to import LNG from various international sources by vessel. 3047 ............ 12/13/11 ...... 11–150–NG Iberdrola Energy Services, LLC Order granting blanket authority to import/export natural gas
from/to Canada. 3048 ............ 12/13/11 ...... 11–153–LNG Applied LNG Technologies
USA L.L.C. Order granting blanket authority to import LNG from various international sources by vessel, to import LNG from Canada/ Mexico by truck and to export LNG to Canada/Mexico by

vessel. 3049 ............ 12/22/11 ...... 11–156–LNG Freeport LNG Development,

L.P. Order granting blanket authority to import LNG from various international sources by vessel. 3050 ............ 12/22/11 ...... 11–151–NG NOCO Energy Corp. ................ Order granting blanket authority to import/export natural gas
from/to Canada.3051 ............ 12/22/11 ...... 11–152–NG Devon Canada Marketing Corporation. Order granting blanket authority to import natural gas from
Canada. 3052 ............ 12/22/11 ...... 11–154–NG Suncor Energy Marketing Inc ... Order granting blanket authority to import/export natural gas from/to Canada.3053 ............ 12/22/11 ...... 11–159–NG Tidal Energy Marketing Inc ...... Order granting blanket authority to export natural gas to Canada 3054 ............ 12/22/11 ...... 11–160–NG Tenaska Washington Partners,

L.P. Order granting blanket authority to import natural gas from
Canada. 3048–A ........ 12/22/11 ...... 11–153–LNG Applied LNG Technologies,
LLC. Order amending DOE/FE Order No. 3048 to authorize export of LNG to Canada/Mexico by truck.
350–C .......... 12/22/11 ...... 92–35–LNG
87–68–LNG Yukon Pacific Company, L.P .... Order vacating prior authorizations to export LNG.

[FR Doc. 2012–1691 Filed 1–25–12; 8:45 am]

**BILLING CODE 6450–01–P**

**DEPARTMENT OF ENERGY**

**Office of Energy Efficiency and Renewable Energy** 

**Nationwide Categorical Waivers Under 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 Recovery Act projects funded by EERE for: (1) 5–25 Watt LED Candelabra Bulbs (includes Flame tip, bent tip, A19, S11, G16.5 or G25 clear bulb enclosure); (2) 140 Watt LED fixtures with 10 degree beams capable of illuminating from 100 feet, UL certified; and (3) 27 Watt round LED fixtures, producing 1 foot-candle at 242 feet distance, UL certified. This waiver expires May 1, 2012.

**DATES :**  Effective Date: 1/10/2012.

**FOR FURTHER INFORMATION CONTACT :**  Christine Platt-Patrick, 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 American Recovery and Reinvestment Act of 2009 (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’’). The authority of the Secretary of Energy to make allinapplicability determinations was redelegated to the Assistant Secretary for Energy Efficiency and Renewable Energy (EERE), for EERE projects under the Recovery Act, in Redelegation Order No. 00–002.01E, dated April 25, 2011. Pursuant to this delegation the Acting Assistant Secretary, EERE, has concluded that: (1) 5–25 Watt LED Candelabra Bulbs (includes Flame tip, bent tip, A19, S11, G16.5 or G25 clear bulb enclosure); (2) 140 Watt LED fixtures with 10 degree beams capable of illuminating from 100 feet, UL certified; and (3) 27 Watt round LED fixtures, producing 1 foot-candle at 242 feet


### 4030 Federal Register / Vol. 77, No. 17 / Thursday, January 26, 2012 / Notices

distance, UL certified, are not produced
or manufactured in the United States in sufficient and reasonably available quantities and of a satisfactory quality. The above items, when used on eligible EERE Recovery Act-funded projects, qualify for the ‘‘nonavailability’’ waiver
determination.

In order to utilize this waiver, grantees must have taken substantial steps towards procurement of these items by May 1, 2012.

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 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 workwith the grantees to procure Americanmade products rather than granting a

waiver.

Upon receipt of completed waiver requests for the three 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 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 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 for these items have been
unsuccessful.

Specific technical information for the manufactured goods included in this non-availability determination is
detailed below:

(1) 5–25 Watt LED Candelabra Bulbs (includes Flame tip, bent tip, A19, S11,
G16.5 or G25 clear bulb enclosure.

LED Candelabra or medium base, outdoor use, dimmable, mercury free,
2700 and/or 3000 Kelvin Correlated Color Temperature (CCT), 80+ Color Rendering Index (CRI), 5–25 watt Flame tip, bent tip, A19, S11, G16.5 or G25
clear bulb enclosure. Domestic manufacturers are working to enter the market in the near future, however, production cannot yet meet the needs of current projects. EERE is committed to assisting grantees to complete projects while supporting domestic manufacturing—thus this waiver will expire May 1, 2012.

(2&3) 140 Watt LED fixtures with 10 degree beams capable of illuminating from 100 feet, UL certified; and 27 Wattround LED fixtures, producing 1 footcandle at 242 feet distance, UL certified.

The new LED fixtures represent a relatively new, emerging technology that can provide comparable light output at substantially lower energy levels. As a new technology, the number of manufacturers, though growing, is
somewhat limited. Domestic manufacturers are working to enter the market in the near future, however, production cannot yet meet the needs of current projects. EERE is committed to assisting grantees to complete projects while supporting domestic manufacturing—thus this waiver will expire May 1, 2012.

In light of the foregoing, and under the authority of section 1605(b)(2) of Public Law 111–5 and Redelegation Order 00–002–01E, 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) 5–25 Watt LED Candelabra Bulbs (includes Flame tip, bent tip, A19, S11, G16.5 or G25 clear bulb enclosure); (2) 140 Watt LED fixtures with 10 degree beams capable of illuminating from 100 feet, UL certified; and (3) 27 Watt round LED fixtures, producing 1 foot-candle at 242 feet distance, UL certified. This waiver expires May 1, 2012.

Having established a proper justification based on domestic nonavailability, EERE hereby provides notice that on January 10, 2012, three (3) 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: Public Law 111–5, section 1605.

Issued in Washington, DC on January 10,

2012. Henry C. Kelly, Acting Assistant Secretary, Energy Efficiency and Renewable Energy, U.S. Department of Energy.

[FR Doc. 2012–1625 Filed 1–25–12; 8:45 am]

**BILLING CODE P**

**DEPARTMENT OF ENERGY**

**Office of Energy Efficiency and Renewable Energy** 

**Nationwide Limited Public Interest Waiver Under 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 donated manufactured goods.

**DATES :**  Effective Date: December 6, 2011.

**FOR FURTHER INFORMATION CONTACT :**  Christine Platt Patrick, 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.