10246 Federal Register / Vol. 75, No. 43 / Friday, March 5, 2010 / Notices 

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 Street, NE., Washington, DC 

20426. 

The filings in the above-referenced 

proceeding 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 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. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. 2010–4619 Filed 3–4–10; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket No. ER10–769–000] 

Glenwood Energy Partners, Ltd.; 

Supplemental Notice That Initial 

Market-Based Rate Filing Includes 

Request for Blanket Section 204 

Authorization 

February 25, 2010. 

This is a supplemental notice in the 

above-referenced proceeding of 

Glenwood Energy Partners, Ltd.’s 

application for market-based rate 

authority, with an accompanying rate 

tariff, noting that such application 

includes a request for blanket 

authorization, under 18 CFR part 34, of 

future issuances of securities and 

assumptions of liability. 

Any person desiring to intervene or to 

protest should file with the Federal 

Energy Regulatory Commission, 888 

First Street, NE., Washington, DC 20426, 

in accordance with Rules 211 and 214 

of the Commission’s Rules of Practice 

and Procedure (18 CFR 385.211 and 

385.214). Anyone filing a motion to 

intervene or protest must serve a copy 

of that document on the Applicant. 

Notice is hereby given that the 

deadline for filing protests with regard 

to the applicant’s request for blanket 

authorization, under 18 CFR part 34, of 

future issuances of securities and 

assumptions of liability, is March 17, 

2010. 

The Commission encourages 

electronic submission of protests and 

interventions in lieu of paper, using the 

FERC Online links at http:// 

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 Street, NE., Washington, DC 

20426. 

The filings in the above-referenced 

proceeding 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 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. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. 2010–4609 Filed 3–4–10; 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 (EERE), U.S. 

Department of Energy (DOE). 

ACTION: Notice. 

SUMMARY: The Office of Energy 

Efficiency and Renewable Energy of the 

U.S. Department of Energy hereby 

provides notice that on February 11, 

2010, the Assistant Secretary for EERE 

granted nationwide categorical waivers 

of the Buy American requirements of 

the American Recovery and 

Reinvestment Act of 2009, Public Law 

111–5 (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] for the purchase of LED traffic 

lights, arrows, and crosswalk signals 

(excluding the metal or plastic fixtures); 

fluorescent electronic lighting ballasts 

(with the exception of electronic 

dimming ballasts for fluorescent lamps 

that are capable of operating the lamps 

below 50 percent of their rated light 

output); and screw-base and pin-base 

compact fluorescent lamps (CFLs) (with 

the exception of plug-in CFLs longer 

than 10 inches). These nationwide 

categorical waivers apply to all projects 

using EERE Recovery Act funds for the 

construction, alteration, maintenance 

and repair of a public building or public 

work. EERE reserves the right to revisit 

and amend these nationwide categorical 

waivers based on new developments or 

changes in the domestic manufacturing 

capacity for these three technologies. 

DATES: Effective Date: February 11, 

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: Section 

1605 of the Recovery Act requires that 

none of the appropriated funds may be 

used for the construction, alteration, 

maintenance, or repair of a public 

building or public work unless all of the 

iron, steel, and manufactured goods 

used in the project are produced in the 

United States, or unless a waiver is 

granted by the head of the Federal 

department or agency. A waiver may be 

granted if the head of the Federal 

department or agency determines that 

one of three listed exceptions applies: 

(1) The application of Section 1605 

requirements would be inconsistent 

with the public interest; (2) the iron, 

steel, or relevant manufactured good is 

not produced in the United States in 

sufficient and reasonably available 

quantities and of a satisfactory quality; 

or (3) the cost of domestic iron, steel, or 

relevant manufactured goods will 

increase the cost of the overall project 

by more than 25 percent. 

In accordance with Section 1605(c) of 

the Recovery Act and Section 176.80 of 

Title 2 of the Code of Federal 


erowe on DSK5CLS3C1PROD with NOTICES
Federal Register / Vol. 75, No. 43 / Friday, March 5, 2010 / Notices 10247 

Regulations, DOE hereby provides 

notice that, pursuant to a delegation of 

authority by the Secretary of Energy, 

dated November 10, 2009, the Assistant 

Secretary, EERE, has granted three 

nationwide categorical waivers of the 

requirements of Section 1605(b)(2) of 

the Recovery Act for LED traffic lights, 

arrows, and crosswalk signals 

(excluding the metal or plastic fixtures); 

fluorescent electronic lighting ballasts 

(with the exception of electronic 

dimming ballasts for fluorescent lamps 

that are capable of operating the lamps 

below 50 percent of their rated light 

output); and screw-base and pin-base 

compact fluorescent lamps (CFLs) (with 

the exception of plug-in CFLs longer 

than 10 inches). The Assistant 

Secretary, EERE, has determined that 

these three categories of manufactured 

goods are not produced in the United 

States in sufficient and reasonably 

available quantities and of a satisfactory 

quality. The Assistant Secretary, EERE, 

reserves the right to revisit and amend 

these nationwide categorical waivers 

based on new developments or changes 

in the domestic manufacturing capacity 

for these three technologies. 

The domestic nonavailability 

determination for these three products 

is based on extensive market research 

and a thorough investigation of the 

domestic manufacturing landscape. This 

research revealed that these three 

products are manufactured almost 

exclusively in China and Mexico. 

EERE corresponded with a wide range 

of lighting industry stakeholders, 

including the National Electrical 

Manufacturers Association, three major 

lighting companies (GE, Osram 

Sylvania, and Phillips), the IUE–CWA 

labor union, and many smaller lighting 

manufacturers, in establishing the 

domestic nonavailability 

determinations. The specific exceptions 

to these categorical waivers (for 

electronic dimming ballasts and 10-inch 

and longer CFLs) are evidence of the 

very detailed research effort undertaken 

to support the formulation of these 

nonavailability determinations. 

The nonavailability determination 

was also informed by the large number 

of inquiries and petitions that EERE 

received from recipients of EERE 

Recovery Act funds (‘‘grantees’’), 

suppliers, and trade associations—all 

stating that their individual efforts to 

locate domestic manufacturers had been 

unsuccessful. 

The purpose of the Recovery Act is to 

stimulate economic recovery in part by 

funding current infrastructure 

construction, not to delay projects that 

are ‘‘shovel ready,’’ or otherwise valid, 

by requiring grantees to revise their 

specifications or choose a different, 

more costly, or less energy efficient 

project. The absence of a waiver of 

section 1605 for these three categories of 

manufactured goods would result in 

unreasonable delay for the project and 

would directly conflict with a 

fundamental economic purpose of 

Recovery Act, which is to create or 

retain jobs. 

The installation of LED traffic lights, 

arrows, and crosswalk signals, 

fluorescent electronic lighting ballasts, 

and CFLs is a proven strategy to achieve 

impressive energy savings, reduce 

energy expenditures, and to create 

immediate jobs in the building, 

construction, and electrical trades. All 

three of these attributes can support 

near-term economic recovery and longterm sustainability in diverse locations 

across the country. Hence, the 

installation of LED traffic lights, arrows, 

and crosswalk signals, fluorescent 

electronic lighting ballasts, and CFLs is 

a popular use of Recovery Act funds by 

EERE grantees, and any further delay in 

granting nationwide categorical waivers 

for these three technologies would 

unjustifiably impede the ability of these 

meritorious projects to move forward. 

Finally, EERE is implementing a 

strategy that involves collaborating with 

multiple stakeholders in the 

manufacturing community to 

disseminate technical specifications for 

hard-to-find products to ascertain 

whether or not there are any domestic 

manufacturers for these products. This 

strategy will ensure that all future 

determinations of nonavailability are 

developed through a thorough, 

transparent, and expedited process. 

However, while this larger strategy is 

unfolding, it is critical to move forward 

with the nationwide categorical waivers 

for these three manufactured goods, 

where domestic nonavailability has 

been ascertained and is currently 

impeding the progress of numerous 

Recovery Act projects funded by EERE. 

The specific products detailed below 

are excluded from the nationwide 

categorical waivers because some 

domestic manufacturing capacity does 

exist. If an EERE grantee believes that 

the excluded products are not available 

for its Recovery Act project in sufficient 

and reasonably available commercial 

quantities of a satisfactory quality in the 

timeframe required by their project, the 

grantee can submit a specific waiver 

request to EERE using the established 

channels and format outlined in 2 CFR 

176.140(c) and 176.160(c); and 

summarized in guidance available on 

the EERE Buy American Web page: 

http://www1.eere.energy.gov/recovery/ 

pdfs/eere_program_guidance_buy

_american.pdf. 

(1) Electronic dimming ballasts for 

fluorescent lamps. 

Electronic dimming ballasts for 

fluorescent lamps that are capable of 

operating the lamps below 50 percent of 

their rated light output. 

(2) Plug-In CFLs longer than 10 

inches. 

CFLs greater than 10 inches in length 

have a 4-pin base and are rated from 18 

to 27 watts. They are available in a 

range of color temperatures and are 

used, for example, in facilities, offices, 

warehouses and display cases. Lengths 

range from 10.5 in (266.7 mm) to 22.5 

in (571.5 mm). Rated life ranges from 

10,000 to 20,000 hours. 

(3) Traffic light fixtures (also referred 

to as the ‘‘housing’’ or ‘‘shell’’). 

The nationwide categorical waiver for 

LED traffic lights, arrows, and crosswalk 

signals covers the LED lights and any 

adjacent wires and electronic parts 

necessary for the functionality of the 

lights themselves; but excludes the 

metal or plastic fixtures (also referred to 

as the ‘‘housing’’ or ‘‘shell’’). 

Having established a proper 

justification based on domestic 

nonavailability, EERE hereby provides 

notice that on February 11, 2010, three 

nationwide categorical waivers of 

section 1605 of the Recovery Act were 

issued for LED traffic lights, arrows, and 

crosswalk signals; fluorescent electronic 

lighting ballasts (with the exception of 

electronic dimming ballasts for 

fluorescent lamps that are capable of 

operating the lamps below 50 percent of 

their rated light output); and screw-base 

and pin-base compact fluorescent lamps 

(with the exception of plug-in CFLs 

longer than 10 inches). This 

SUPPLEMENTARY INFORMATION 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. 

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

Dated: February 22, 2010. 

Cathy Zoi, 

Assistant Secretary, Energy Efficiency and 

Renewable Energy. 

[FR Doc. 2010–4679 Filed 3–4–10; 8:45 am] 

BILLING CODE 6450–01–P 


erowe on DSK5CLS3C1PROD with NOTICES