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
Federal Register / Vol. 75, No. 203 / Thursday, October 21, 2010 / Notices 65013 

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, 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’’). 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 (EERE), for EERE 

projects under the Recovery Act. 

Pursuant to this delegation the Assistant 

Secretary, EERE, has concluded that (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) selfcontained 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, available at 

http://apps1.eere.energy.gov/buildings/ 

publications/pdfs/ssl/t8_replacementlamps.pdf that will be used on eligible 

EERE-Recovery Act funded projects 

qualify for the ‘‘nonavailability’’ waiver 

determination. 

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. 

The NIST 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 work 

with the grantees to procure Americanmade products rather than granting a 

waiver. 

Upon receipt of completed waiver 

requests for the five products in the 

current waiver, EERE reviewed the 

information provided and submitted the 

relevant technical information to the 

NIST MEP. The MEP then used their 

network of nationwide centers to scout 

for domestic manufacturers. The NIST 

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 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 

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 have been unsuccessful. 

Having established a proper 

justification based on domestic 

nonavailability, EERE hereby provides 

notice that on September 30, 2010 five 

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 her 

responsibility. Consequently, this 

waiver applies to EERE projects carried 

out under the Recovery Act. 

Authority: Pub. L. 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. 2010–26507 Filed 10–20–10; 8:45 am] 

BILLING CODE 6450–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9216–6] 

Access in Litigation to Confidential 

Business Information 

AGENCY: Environmental Protection 

Agency (‘‘EPA’’). 

ACTION: Notice of Transfer of 

Information Claimed as Confidential 

Business Information to the United 

States Department of Justice and Parties 

to Certain Litigation. 

SUMMARY: The EPA has authorized the 

United States Department of Justice 

(‘‘DOJ’’) to disclose, in response to 

discovery requests received in the 

litigation styled, Tronox Incorporated, 

et al., v. Anadarko Petroleum Corp., et 

al., Adv. Proc. No. 09–01198 (ALG), 

pending in the United States 

Bankruptcy Court for the Southern 

District of New York (the ‘‘Litigation’’), 

information which has been submitted 

to EPA by its contractors that is claimed 

to be, or has been determined to be, 

confidential business information 

(‘‘CBI’’). The EPA is providing notice of 

past disclosure and of ongoing and 

contemplated future disclosure. 

Interested persons may submit 

comments on this Notice to the address 

noted below. 


jlentini on DSKJ8SOYB1PROD with NOTICES