65010 Federal Register / Vol. 75, No. 203 / Thursday, October 21, 2010 / Notices 

obtained by agencies directly from the 

Applicant. If an agency does not file 

comments within the time specified for 

filing comments, it will be presumed to 

have no comments. One copy of an 

agency’s comments must also be sent to 

the Applicant’s representatives. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. 2010–26480 Filed 10–20–10; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket No. PR11–1–000; Docket No. PR11– 

2–000; Docket No. PR11–3–000] 

Notice of Baseline Filings 

October 14, 2010. 

Cranberry Pipeline Corporation ........................................................................................................................... Docket No. PR11–1–000 

New Mexico Gas Company, Inc ........................................................................................................................... Docket No. PR11–2–000 

Peoples Natural Gas Company LLC ..................................................................................................................... Docket No. PR11–3–000 

(Not Consolidated) 

Take notice that on October 8, 2010, 

and October 13, 2010, respectively the 

applicants listed above submitted their 

baseline filing of its 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, October 25, 2010. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. 2010–26482 Filed 10–20–10; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket No. PR10–11–003] 

ECOP Gas Company, LLC; Notice of 

Compliance Filing 

October 13, 2010. 

Take notice that on October 8, 2010, 

ECOP Gas Company, LLC (ECOP) filed 

its Refund Report pursuant to its July 

30, 2010, Settlement Agreement 

approved by an August 12, 2010, Letter 

Order. 

Any person desiring to participate in 

this rate 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 

Friday, October 22, 2010. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. 2010–26481 Filed 10–20–10; 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 an 

Amended 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 the following solar photoVerDate Mar<15>2010 17:24 Oct 20, 2010 Jkt 223001 PO 00000 Frm 00027 Fmt 4703 Sfmt 4703 E:\FR\FM\21OCN1.SGM 21OCN1

jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 75, No. 203 / Thursday, October 21, 2010 / Notices 65011 

voltaic (PV) equipment: 

(1) Domestically-manufactured modules 

containing foreign-manufactured cells, 

(2) foreign-manufactured modules, 

when completely comprised of 

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 February 6, 2011 (six 

months from the date of the original 

waiver issuance). Recipients of EERE 

Recovery Act funds who have taken 

substantial steps to commit funds for 

the purchase of the items covered in this 

waiver by February 6, 2011 will not be 

impacted by the expiration of this 

waiver. 

This amended determination clarifies 

and supersedes the solar public interest 

waiver issued on August 6, 2010. 

Specifically, this amended public 

interest determination clarifies that 

thin-film and flexible PV installations 

are also subject to the terms of this 

waiver. 

DATES: Effective Date: September 30, 

2010. 

FOR FURTHER INFORMATION CONTACT: 

Benjamin Goldstein, Recovery Act Buy 

American Coordinator, 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. 

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). 

This amended determination clarifies 

and supersedes the solar public interest 

waiver issued on August 6, 2010. 

Specifically, this amended public 

interest determination clarifies that 

thin-film and flexible PV installations 

are also subject to the terms of this 

waiver. 

This amended 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 completely comprised of 

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 February 6, 2011 (six 

months from the date of the original 

waiver issuance). Recipients of EERE 

Recovery Act funds who have taken 

substantial steps to commit funds for 

the purchase of the items covered in this 

waiver by February 6, 2011 will not be 

impacted by the expiration of this 

waiver. 

Definitions—Solar cells are the basic 

building block of PV technologies. The 

cells are functional semiconductors, 

made by processing and treating 

crystalline silicon or other photosensitive materials to create a layered 

product that generates electricity by 

absorbing light photons. The individual 

cells are cut and/or 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 in the 

context of the solar production chain is 

complicated. Under a plain reading of 

the Recovery Act Buy American 

provisions, only the PV modules would 

need to be manufactured in the United 

States, but the source of the component 

parts—including the high-value 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 to 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; and 

(3) choose a more inclusive approach 

that allows a solar installation to 

comply if either the cells or the modules 

are manufactured in the United States. 

Of the options considered, only 

option (3) recognizes 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. Furthermore, the design 

and manufacture of the cells captures 

the largest portion of the intellectual 

property present in a solar installation. 

For all the reasons outlined above, 

EERE believes the public interest is best 

served by supporting the domestic cell 

manufacturing industry. 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 EERE believes strongly in 

strengthening the domestic PV 

manufacturing supply chain in the 

United States, EERE is limiting the 

duration of this waiver to six months 

from the date it was originally issued, 

with the expectation that there will be 


jlentini on DSKJ8SOYB1PROD with NOTICES
65012 Federal Register / Vol. 75, No. 203 / Thursday, October 21, 2010 / Notices 

an increase in the number of companies 

that produce solar PV modules in the 

United States containing domesticallymanufactured cells. 

This amended 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, including, but 

not limited to, 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, installation 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. 

In light of the foregoing, and under 

the authority of section 1605(b)(1) of 

Public Law 111–5 and Redelegation 

Order 00–002–01C, dated November 10, 

2009, with respect to Recovery Act 

projects funded by EERE, the Assistant 

Secretary hereby issues an amended 

‘‘determination of inapplicability’’ (a 

waiver under the Recovery Act Buy 

American provisions) for the following 

items: (1) Domestically-manufactured 

modules containing foreignmanufactured cells, (2) foreignmanufactured modules, when 

completely comprised of domesticallymanufactured 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 February 6, 2011 (six 

months from the date of the original 

waiver issuance). Recipients of EERE 

Recovery Act funds who have taken 

substantial steps to commit funds for 

the purchase of the items covered in this 

waiver by February 6, 2011 will not be 

impacted by the expiration of this 

waiver. Furthermore, the Assistant 

Secretary reserves the right to revisit 

and amend this determination based on 

new information or new developments. 

Authority: Public Law 111–5, section 1605. 

Issued in Washington, DC, on September 

30, 2010. 

Cathy Zoi, 

Assistant Secretary, Energy Efficiency and 

Renewable Energy, U.S. Department of 

Energy. 

[FR Doc. 2010–26518 Filed 10–20–10; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket No. AD09–9–000] 

Small Hydropower Development in the 

United States; Notice of Small/LowImpact Hydropower Webinar 

October 13, 2010. 

The Federal Energy Regulatory 

Commission will host a Small/LowImpact Hydropower Webinar on 

November 10, 2010, from 12 noon to 1 

p.m. Eastern Time. The webinar will be 

open to the public and advance 

registration is required. 

The purpose of this webinar is to 

introduce the new Small/Low-Impact 

Hydropower Program website and walk 

participants through all phases of the 

licensing and exemption processes 

using the Web site. Specifically, the 

webinar will provide the opportunity 

for participants to learn about the small 

hydropower licensing process, find out 

how to get more information and 

assistance from FERC, and ask 

questions. 

To register for this webinar, please go 

to https://www.ferc.gov/whats-new/ 

registration/hydro-form-11-10-10.asp. 

Space is limited to the first 98 

reservations. Once registered, you will 

receive a confirmation e-mail containing 

information about joining the webinar a 

few days prior to the start of the 

webinar. 

For more information about this 

webinar, please contact Shana Murray at 

(202) 502–8333 or 

shana.murray@ferc.gov. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. 2010–26479 Filed 10–20–10; 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 (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: (1) Motorized automatic 

two wing revolving doors that open via 

the motor upon a fire alarm to 

accommodate smoke evacuation, retract 

to full open position under Fire Alarm 

status and remain in the open position 

until the alarm is cleared, are compliant 

with the Americans with Disabilities 

Act, and possess both sliding and 

swinging door that allows entry/exit 

through the sliding doors while the 

revolving section is being serviced; (2) 

self-contained photovoltaic LED area 

lighting systems with a non-corrosive, 

stainless steel, powder-coated antiweathering shell, that do not succumb 

to the sail effect, possess flat plate lens 

optics with directional lamp lens, dark 

sky capability, and full cutoff 

conformity; (3) ultrasonic directional 

sensors and DC300 facility controllers 

for a parking guidance system which 

integrates with American designed 

intelligent parking guidance system 

software allowing real-time updates to a 

central location and via the Internet; (4) 

load Management Ripple Control 

Receivers for an existing load 

management system; and (5) LED tube 

lights to replace T8 fluorescents that 

meet the April 2010 DOE recommended 

performance specifications that will be 

used on eligible EERE-Recovery Act 

funded projects. 

DATES: Effective Date: September 30, 

2010. 


jlentini on DSKJ8SOYB1PROD with NOTICES