Federal Register / Vol. 75, No. 119 / Tuesday, June 22, 2010 / Notices 35447 

proposed when needed and, after 

consideration and approval by the full 

NNMCAB, may be sent to DOE–EM for 

action. 

Purpose of the Waste Management 

Committee: The Waste Management 

Committee reviews policies, practices 

and procedures, existing and proposed, 

so as to provide recommendations, 

advice, suggestions and opinions to the 

NNMCAB regarding waste management 

operations at the Los Alamos site. 

Tentative Agenda 

• Welcome and introductions. 

• Administrative issues. 

Æ Approval of meeting agenda. 

Æ Approval of June 9, 2010, 

committee meeting minutes. 

Æ Items from Co-Deputy Designated 

Federal Officers. 

• Public comments. 

• New business. 

Æ Discussion of Draft NNMCAB 

Recommendations. 

Æ 2011 Committee Work Plan 

Development 

• Old business. 

• Presentation by Los Alamos 

National Security Subject Matter Expert. 

• Wrap-up discussion and 

adjournment. 

Public Participation: The NNMCAB’s 

EMS&R and Waste Management 

Committees welcome the attendance of 

the public at their combined committee 

meeting and will make every effort to 

accommodate persons with physical 

disabilities or special needs. If you 

require special accommodations due to 

a disability, please contact Menice 

Santistevan at least seven days in 

advance of the meeting at the telephone 

number listed above. Written statements 

may be filed with the Committees either 

before or after the meeting. Individuals 

who wish to make oral statements 

pertaining to agenda items should 

contact Menice Santistevan at the 

address or telephone number listed 

above. Requests must be received five 

days prior to the meeting and reasonable 

provision will be made to include the 

presentation in the agenda. The Deputy 

Designated Federal Officer is 

empowered to conduct the meeting in a 

fashion that will facilitate the orderly 

conduct of business. Individuals 

wishing to make public comments will 

be provided a maximum of five minutes 

to present their comments. 

Minutes: Minutes will be available by 

writing or calling Menice Santistevan at 

the address or phone number listed 

above. Minutes and other Board 

documents are on the Internet at: http:// 

www.nnmcab.org/. 

Issued at Washington, DC on June 16, 2010. 

Rachel Samuel, 

Deputy Committee Management Officer. 

[FR Doc. 2010–15027 Filed 6–21–10; 8:45 am] 

BILLING CODE 6405–01–P 

DEPARTMENT OF ENERGY 

Environmental Management SiteSpecific Advisory Board, Oak Ridge 

Reservation 

AGENCY: Department of Energy. 

ACTION: Notice of open meeting. 

SUMMARY: This notice announces a 

meeting of the Environmental 

Management Site-Specific Advisory 

Board (EM SSAB), Oak Ridge 

Reservation. The Federal Advisory 

Committee Act (Pub. L. 92–463, 86 Stat. 

770) requires that public notice of this 

meeting be announced in the Federal 

Register. 

DATES: Wednesday, July 14, 2010, 6 p.m. 

ADDRESSES: DOE Information Center, 

475 Oak Ridge Turnpike, Oak Ridge, 

Tennessee. 

FOR FURTHER INFORMATION CONTACT: 

Patricia J. Halsey, Federal Coordinator, 

Department of Energy Oak Ridge 

Operations Office, P.O. Box 2001, EM– 

90, Oak Ridge, TN 37831. Phone (865) 

576–4025; Fax (865) 576–2347 or e-mail: 

halseypj@oro.doe.gov or check the Web 

site at http://www.oakridge.doe.gov/em/ 

ssab. 

SUPPLEMENTARY INFORMATION: 

Purpose of the Board: The purpose of 

the Board is to make recommendations 

to DOE–EM and site management in the 

areas of environmental restoration, 

waste management, and related 

activities. 

Tentative Agenda: The main meeting 

presentation will be Long-Term 

Stewardship for Contaminated Areas on 

the Oak Ridge Reservation. 

Public Participation: The EM SSAB, 

Oak Ridge, welcomes the attendance of 

the public at its advisory committee 

meetings and will make every effort to 

accommodate persons with physical 

disabilities or special needs. If you 

require special accommodations due to 

a disability, please contact Patricia J. 

Halsey at least seven days in advance of 

the meeting at the phone number listed 

above. Written statements may be filed 

with the Board either before or after the 

meeting. Individuals who wish to make 

oral statements pertaining to the agenda 

item should contact Patricia J. Halsey at 

the address or telephone number listed 

above. Requests must be received five 

days prior to the meeting and reasonable 

provision will be made to include the 

presentation in the agenda. The Deputy 

Designated Federal Officer is 

empowered to conduct the meeting in a 

fashion that will facilitate the orderly 

conduct of business. Individuals 

wishing to make public comments will 

be provided a maximum of five minutes 

to present their comments. 

Minutes: Minutes will be available by 

writing or calling Patricia J. Halsey at 

the address and phone number listed 

above. Minutes will also be available at 

the following Web site: http:// 

www.oakridge.doe.gov/em/ssab/ 

minutes.htm. 

Issued at Washington, DC, on June 15, 

2010. 

Rachel Samuel, 

Deputy Committee Management Officer. 

[FR Doc. 2010–15026 Filed 6–21–10; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Office of Energy Efficiency and 

Renewable Energy 

Buy American Exception Under the 

American Recovery and Reinvestment 

Act of 2009; Nationwide Limited Public 

Interest and Domestic Nonavailability 

Waivers Under Section 1605 

AGENCY: Office of Energy Efficiency and 

Renewable Energy (EERE), U.S. 

Department of Energy (DOE). 

ACTION: Notice of a determination of 

inapplicability (waiver). 

SUMMARY: The U.S. Department of 

Energy (DOE) is providing notice of a 

determination of inapplicability 

(waiver) of the American Reinvestment 

and Recovery Act of 2009 (Recovery 

Act) to EERE-funded projects for nonresidential programmable thermostats; 

commercial scale fully-automatic wood 

pellet boiler systems; facility and small 

district wood pellet and chip boiler 

furnaces; variable refrigerant flow 

zoning and inverter-driven ductless 

mini-split HVAC systems; electrical 

‘‘smart’’ strips/surge protectors; gas or 

propane tankless water heaters up to 

200,000 BTUs; and fully-enclosed 

continuous composting systems 

(additional technical information for 

these items is detailed below). 

DOE is also providing notice of a 

determination that the application of the 

restrictions of section 1605 of the 

Recovery Act would be inconsistent 

with the public interest with respect to 

incidental items that comprise in total a 

de minimis amount of the total cost of 

the iron, steel and manufactured goods 

used in the project; that is, any such 

incidental items up to a limit of no more 


srobinson on DSKHWCL6B1PROD with NOTICES
35448 Federal Register / Vol. 75, No. 119 / Tuesday, June 22, 2010 / Notices 

than 5 percent of the total cost of the 

iron, steel, and manufactured goods 

used in and incorporated into a project. 

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) and (2), 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 the restrictions of 

section 1605 would be inconsistent with 

the public interest, or 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 

November 10, 2009, the Secretary of 

Energy delegated the authority to make 

all inapplicability determinations under 

the Buy American provisions of the 

Recovery Act to the Assistant Secretary 

for Energy Efficiency and Renewable 

Energy (EERE) for EERE projects under 

the Recovery Act. 

Waiver for Nonavailability 

Pursuant to the above-referenced 

delegation the Assistant Secretary, 

EERE, has concluded that 

non-residential programmable 

thermostats; commercial scale fullyautomatic wood pellet boiler systems; 

facility and small district wood pellet 

and chip boiler furnaces; variable 

refrigerant flow zoning and inverterdriven ductless minisplit HVAC 

systems; electrical ‘‘smart’’ strips/surge 

protectors; gas or propane tankless 

water heaters up to 200,000 BTUs; and 

fully-enclosed continuous composting 

systems all qualify for the 

‘‘nonavailability’’ waiver determination. 

EERE has developed a process to 

ascertain in a systematic and expedient 

manner whether domestic 

manufacturing capacity exists for the 

items submitted for a waiver of the 

Recovery Act Buy American provision. 

This process involves a close 

collaboration with the National Institute 

of Standards and Technology (NIST) 

Manufacturing Extension Partnership 

(MEP), to disseminate the technical 

specifications for the manufactured 

goods being submitted to EERE for 

waiver consideration, in order to scour 

the manufacturing landscape in search 

of producers before making any 

nonavailability determination. 

Many of the items contained in this 

nonavailability waiver issued by the 

Assistant Secretary, EERE, were 

submitted to EERE as a result of a 

Request for Information published in 

the Federal Register on February 4, 

2010, 75 FR 5783. Upon receipt of 

completed waiver requests in response 

to the RFI or independently, EERE 

reviewed the information provided and 

submitted the relevant technical 

information to the National Institute of 

Standards and Technology 

Manufacturing Extension Partnership 

(NIST MEP). MEP has a network of 59 

centers across the country that work 

directly with domestic manufacturers 

and possess extensive knowledge of 

their specific capabilities. The EERE— 

MEP collaboration draws on these 

extensive network centers to ‘‘scout’’ for 

domestic manufacturers for the items 

submitted for Buy American waiver 

consideration by EERE Recovery Act 

grantees. The MEP centers reported that 

their scouting process did not locate any 

domestic manufacturers for these 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 the 

MEP’s scouting efforts. EERE’s efforts 

revealed that the goods included in the 

waiver issued by the Assistant 

Secretary, EERE, are not produced in the 

United States in sufficient and 

reasonably available quantities and of a 

satisfactory quality. 

The nonavailability determination 

was also informed by the 

communications 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. For example, EERE 

received four separate individual waiver 

requests for the types of HVAC systems 

included in the nonavailability waiver. 

Specific technical information for the 

manufactured goods included in the 

nonavailability determination is 

detailed below: 

(1) Programmable Thermostats— 

Includes devices that permit adjustment 

of heating or air-conditioning operations 

according to a pre-set schedule. Applies 

only to nonresidential programmable 

thermostat units. 

(2) Commercial Scale Fully-Automatic 

Wood Pellet Boiler System—Includes 

wood pellet boilers featuring a 

pneumatic conveyance system to 

transport wood pellets to the boiler, an 

automatic ignition system, continuously 

monitored and optimized combustion, 

ash removal/management system and 

the ability to control and integrate with 

other existing heat systems. 

(3) Facility and Small District Wood 

Pellet and Chip Boiler Furnaces— 

Includes high efficiency, ultra-low 

emission biomass boilers for facility and 

small district heating, ranging from 

35,000 Btu to 15,000,000 Btu. 

(4) Variable Refrigerant Flow Zoning 

HVAC Systems and Inverter-Driven 

Ductless Mini-Split HVAC Systems— 

Includes variable refrigerant flow (VRF) 

multi-split heat pump (with or without 

heat recovery) and air conditioning 

systems; and inverter-driven ductless 

mini-split heat pump and air 

conditioner systems. This waiver 

includes the main condensor and heat 

pump units, wall and fan coil units, 

zone controllers, remote controls, and 

any other component of the larger 

HVAC system. 

(5) Electrical ‘‘Smart’’ Strips/Surge 

Protectors—Includes power strips that 

detect activity in the attached 

equipment and cut power during 

periods of inactivity. 

(6) Gas or Propane Tankless Water 

Heaters up to 200,000 BTUs—Does not 

apply to electric tankless water heaters, 

which are widely manufactured in the 

United States. 

(7) Fully-Enclosed Continuous 

Composting Systems—Includes multizone, continuous loading, odor and 

moisture controlled composter with 

leachate recirculation and in-situ 

mixing capabilities. 

De Minimis Public Interest Waiver 

Pursuant to the above-referenced 

delegation the Assistant Secretary, 

EERE, determined that application of 

section 1605 restrictions would be 

inconsistent with the public interest for 

incidental items that comprise in total a 

de minimis amount of the total cost of 

the iron, steel and manufactured goods 

used in the project; that is, any such 

incidental items up to a limit of no more 

than 5 percent of the total cost of the 

iron, steel, and manufactured goods 

used in and incorporated into a project. 

Recovery Act projects funded by 

EERE typically involve the use of 

literally thousands of miscellaneous, 

generally low-cost items that are 

essential for, but incidental to, the 

construction, alteration, maintenance or 

repair of a public building or public 

work and are incorporated into the 

physical structure of the project, such as 

nuts, bolts, wires, cables, switches, etc. 

For many of these incidental items, the 


srobinson on DSKHWCL6B1PROD with NOTICES
Federal Register / Vol. 75, No. 119 / Tuesday, June 22, 2010 / Notices 35449 

country of manufacture and the 

availability of alternatives are not 

always readily or reasonably identifiable 

in the normal course of business. More 

importantly, the miscellaneous 

character of these items, together with 

their low cost (both individually and 

when procured in bulk), characterize 

them as incidental to the project. 

The Assistant Secretary, EERE, 

determined that there is a compelling 

case for adopting a de minimis waiver 

for recipients of EERE Recovery Act 

funding. The EERE waiver is 5 percent 

of the total iron, steel, and 

manufactured goods as opposed to the 

total materials cost. 

Issuing the waiver will help EERE 

grantees avoid unnecessary delays in 

carrying out the Recovery Act. 

Requiring individual waivers for 

incidental items would be time 

prohibitive and overly burdensome for 

both applicants and for EERE. 

Therefore, a nationwide limited de 

minimis waiver of incidental items up 

to a limit of no more than 5 percent of 

the total cost of the iron, steel and 

manufactured goods used in and 

incorporated into a project is justified in 

the public interest. 

This SUPPLEMENTARY INFORMATION

constitutes the detailed written 

justification required by section 1605(c) 

for waivers based on a finding under 

subsection (b). 

The waiver determination is pursuant 

to the delegation of authority by the 

Secretary of Energy to the Assistant 

Secretary for EERE with respect to EERE 

Recovery Act-funded projects. 

Consequently, the waiver applies to 

EERE projects carried out under the 

Recovery Act. The Assistant Secretary 

reserves the right to revisit and amend 

the determinations based on new 

developments or new information. 

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

Dated: June 16, 2010. 

Cathy Zoi, 

Assistant Secretary for Energy Efficiency and 

Renewable Energy. 

[FR Doc. 2010–15030 Filed 6–21–10; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

Combined Notice of Filings 

June 14, 2010. 

Take notice that the Commission has 

received the following Natural Gas 

Pipeline Rate and Refund Report filings: 

Docket Numbers: RP10–836–000. 

Applicants: Wyoming Interstate 

Company, LLC. 

Description: Wyoming Interstate 

Company, LLC submits tariff filing per 

154.204: Tariff Update to be effective 6/ 

1/2010. 

Filed Date: 06/10/2010. 

Accession Number: 20100610–5075. 

Comment Date: 5 p.m. Eastern Time 

on Tuesday, June 22, 2010. 

Docket Numbers: RP10–837–000. 

Applicants: Dominion Transmission, 

Inc. 

Description: Dominion Transmission, 

Inc. submits tariff filing per 154.203: 

DTI 6–11–10 Operational Gas Sales 

Report to be effective N/A. 

Filed Date: 06/11/2010. 

Accession Number: 20100611–5016. 

Comment Date: 5 p.m. Eastern Time 

on Wednesday, June 23, 2010. 

Docket Numbers: RP10–838–000. 

Applicants: Gulfstream Natural Gas 

System, LLC. 

Description: Gulfstream Natural Gas 

System, LLC submits Second Revised 

Sheet No 8A to FERC Gas Tariff, 

Original Volume No. 1, to be effective 

6/1/10. 

Filed Date: 06/10/2010. 

Accession Number: 20100611–0201. 

Comment Date: 5 p.m. Eastern Time 

on Tuesday, June 22, 2010. 

Docket Numbers: RP10–839–000. 

Applicants: Rockies Express Pipeline 

LLC. 

Description: Rockies Express Pipeline 

LLC submits tariff filing per 154.203: 

Baseline to be effective 6/11/2010. 

Filed Date: 06/11/2010. 

Accession Number: 20100611–5028. 

Comment Date: 5 p.m. Eastern Time 

on Wednesday, June 23, 2010. 

Docket Numbers: RP10–840–000. 

Applicants: Northern Natural Gas 

Company. 

Description: Northern Natural Gas 

Company submits Fifth Revised Sheet 

No. 80B to FERC Gas Tariff, Fifth 

Revised Volume No. 1, to be effective 

7/12/10. 

Filed Date: 06/11/2010. 

Accession Number: 20100611–0210. 

Comment Date: 5 p.m. Eastern Time 

on Wednesday, June 23, 2010. 

Docket Numbers: RP10–841–000. 

Applicants: Northern Natural Gas 

Company. 

Description: Northern Natural Gas 

Company submits First Revised Sheet 

No 55A et al. to FERC Gas Tariff, Fifth 

Revised Volume No. 1, to be effective 

7/12/10. 

Filed Date: 06/11/2010. 

Accession Number: 20100611–0209. 

Comment Date: 5 p.m. Eastern Time 

on Wednesday, June 23, 2010. 

Docket Numbers: RP10–842–000. 

Applicants: Florida Gas Transmission 

Company, LLC. 

Description: Florida Gas Transmission 

Company, LLC’s Third Revised Sheet 

No. 2 et al. to FERC Gas Tariff, Fourth 

Revised Volume No. 1, to be effective 

7/12/10. 

Filed Date: 06/11/2010. 

Accession Number: 20100611–0208. 

Comment Date: 5 p.m. Eastern Time 

on Wednesday, June 23, 2010. 

Docket Numbers: RP10–843–000. 

Applicants: Tennessee Gas Pipeline 

Company. 

Description: Tennessee Gas Pipeline 

Company submits tariff filing per 

154.203: Amend Baseline to be effective 

4/19/2010. 

Filed Date: 06/11/2010. 

Accession Number: 20100611–5035. 

Comment Date: 5 p.m. Eastern Time 

on Wednesday, June 23, 2010. 

Docket Numbers: RP10–844–000. 

Applicants: Alliance Pipeline LP. 

Description: Petition of Alliance 

Pipeline LP for a Limited Waiver of 

Tariff Provisions. 

Filed Date: 06/11/2010. 

Accession Number: 20100611–5081. 

Comment Date: 5 p.m. Eastern Time 

on Wednesday, June 23, 2010. 

Docket Numbers: RP10–845–000. 

Applicants: Saltville Gas Storage 

Company LLC. 

Description: Saltville Gas Storage 

Company LLC submits the baseline 

tariff filing, FERC Gas Tariff, First 

Revised Volume 1, per 154.203, to be 

effective 6/14/2010. 

Filed Date: 06/14/2010. 

Accession Number: 20100614–5020. 

Comment Date: 5 p.m. Eastern Time 

on Monday, June 28, 2010. 

Any person desiring to intervene or to 

protest in any of the above proceedings 

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) on or before 5 p.m. Eastern 

time on the specified comment date. It 

is not necessary to separately intervene 

again in a subdocket related to a 

compliance filing if you have previously 

intervened in the same docket. 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. 

Anyone filing a motion to intervene or 

protest must serve a copy of that 

document on the Applicant. In reference 

to filings initiating a new proceeding, 

interventions or protests submitted on 

or before the comment deadline need 

not be served on persons other than the 

Applicant. 

The Commission encourages 

electronic submission of protests and 


srobinson on DSKHWCL6B1PROD with NOTICES