Federal Register / Vol. 75, No. 164 / Wednesday, August 25, 2010 / Notices 52321 

project-specific Area of Potential Effects 

(APE) in consultation with the SHPO(s) 

as the project is further developed. On 

natural gas facility projects, the APE at 

a minimum encompasses all areas 

subject to ground disturbance (examples 

include construction right-of-way, 

contractor/pipe storage yards, 

compressor stations, and access roads). 

Our EA for this project will document 

our findings on the impacts on historic 

properties and summarize the status of 

consultations under section 106. 

Public Participation 

You can make a difference by 

providing us with your specific 

comments or concerns about the project. 

Your comments should focus on the 

potential environmental effects, 

reasonable alternatives, and measures to 

avoid or lessen environmental impacts. 

The more specific your comments, the 

more useful they will be. To ensure that 

your comments are timely and properly 

recorded, please send your comments so 

that they will be received in 

Washington, DC on or before September 

17, 2010. 

For your convenience, there are three 

methods which you can use to submit 

your comments to the Commission. In 

all instances please reference the project 

docket number (CP10–471–000) with 

your submission. The Commission 

encourages electronic filing of 

comments and has expert eFiling staff 

available to assist you at (202) 502–8258 

or efiling@ferc.gov. 

(1) You may file your comments 

electronically by using the eComment 

feature, which is located on the 

Commission’s Web site at http:// 

www.ferc.gov under the link to 

Documents and Filings. An eComment 

is an easy method for interested persons 

to submit brief, text-only comments on 

a project; 

(2) You may file your comments 

electronically by using the eFiling 

feature, which is located on the 

Commission’s Web site at http:// 

www.ferc.gov under the link to 

Documents and Filings. With eFiling 

you can provide comments in a variety 

of formats by attaching them as a file 

with your submission. New eFiling 

users must first create an account by 

clicking on ‘‘eRegister.’’ 

You will be asked to select the type 

of filing you are making. A comment on 

a particular project is considered a 

‘‘Comment on a Filing;’’ or 

(3) You may file a paper copy of your 

comments at the following address: 

Kimberly D. Bose, Secretary, Federal 

Energy Regulatory Commission, 888 

First Street, NE., Room 1A, Washington, 

DC 20426. 

Environmental Mailing List 

The environmental mailing list 

includes federal, state, and local 

government representatives and 

agencies; elected officials; 

environmental and public interest 

groups; Native American Tribes; other 

interested parties; and local libraries 

and newspapers. This list also includes 

all affected landowners (as defined in 

the Commission’s regulations) who are 

potential right-of-way grantors, whose 

property may be used temporarily for 

project purposes, or who own homes 

within certain distances of aboveground 

facilities, and anyone who submits 

comments on the project. We will 

update the environmental mailing list as 

the analysis proceeds to ensure that we 

send the information related to this 

environmental review to all individuals, 

organizations, and government entities 

interested in and/or potentially affected 

by the proposed project. 

If the EA is published for distribution, 

copies will be sent to the environmental 

mailing list for public review and 

comment. If you would prefer to receive 

a paper copy of the document instead of 

the CD version or would like to remove 

your name from the mailing list, please 

return the attached Information Request 

(Appendix 2). 

Becoming an Intervenor 

In addition to involvement in the EA 

scoping process, you may want to 

become an ‘‘intervenor’’ which is an 

official party to the Commission’s 

proceeding. Intervenors play a more 

formal role in the process and are able 

to file briefs, appear at hearings, and be 

heard by the courts if they choose to 

appeal the Commission’s final ruling. 

An intervenor formally participates in 

the proceeding by filing a request to 

intervene. Instructions for becoming an 

intervenor are included in the User’s 

Guide under the ‘‘e-filing’’ link on the 

Commission’s Web site. 

Additional Information 

Additional information about the 

project is available from the 

Commission’s Office of External Affairs, 

at (866) 208–FERC, or on the FERC Web 

site at http://www.ferc.gov using the 

‘‘eLibrary’’ link. Click on the eLibrary 

link, click on ‘‘General Search’’ and enter 

the docket number, excluding the last 

three digits in the Docket Number field 

(i.e., CP10–471). Be sure you have 

selected an appropriate date range. For 

assistance, please contact FERC Online 

Support at FercOnlineSupport@ferc.gov 

or toll free at (866) 208–3676, or for 

TTY, contact (202) 502–8659. The 

eLibrary link also provides access to the 

texts of formal documents issued by the 

Commission, such as orders, notices, 

and rulemakings. 

In addition, the Commission now 

offers a free service called eSubscription 

which allows you to keep track of all 

formal issuances and submittals in 

specific dockets. This can reduce the 

amount of time you spend researching 

proceedings by automatically providing 

you with notification of these filings, 

document summaries, and direct links 

to the documents. Go to http:// 

www.ferc.gov/esubscribenow.htm. 

Finally, public meetings or site visits 

will be posted on the Commission’s 

calendar located at http://www.ferc.gov/ 

EventCalendar/EventsList.aspx along 

with other related information. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. 2010–21075 Filed 8–24–10; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket No. ER10–1720–000] 

Dry Lake Wind Power II LLC; 

Supplemental Notice That Initial 

Market-Based Rate Filing Includes 

Request for Blanket Section 204 

Authorization 

August 18, 2010. 

This is a supplemental notice in the 

above-referenced proceeding, of Dry 

Lake Wind Power II LLC 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 August 27, 

2010. 

The Commission encourages 

electronic submission of protests and 

interventions in lieu of paper, using the 

FERC Online links at http:// 


srobinson on DSKHWCL6B1PROD with NOTICES
52322 Federal Register / Vol. 75, No. 164 / Wednesday, August 25, 2010 / Notices 

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 St., NE., Washington, DC 

20426. 

The filings in the above-referenced 

proceeding(s) 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 email 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. 2010–21074 Filed 8–24–10; 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 a 

nationwide limited waiver of the Buy 

American requirements of section 1605 

of the Recovery Act under the authority 

of Section 1605(b)(1) (public interest 

waiver), with respect to the following 

solar photo-voltaic (PV) equipment: (1) 

Domestically-manufactured modules 

containing foreign-manufactured cells, 

(2) Foreign-manufactured modules, 

when comprised of 100 percent 

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 that 

will be used on eligible EERE- Recovery 

Act funded projects. This waiver expires 

on February 6, 2011, six months from 

the day it took effect. 

DATES: Effective Date: August 6, 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: 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). 

Specifically, this 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 comprised of 100 percent 

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 on February 6, 2011, six 

months from the day it took effect. 

Solar cells are the basic building 

block of PV technologies. The cells are 

functional semiconductors, made by 

processing and treating crystalline 

silicon or other photo-sensitive 

materials to create a layered product 

that generates electricity by absorbing 

light photons. The individual cells are 

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 is in 

the context of the complex solar 

production chain is complicated. Under 

a plain reading of the Recovery Act Buy 

American provisions, only the modules 

would need to be manufactured in the 

United States, but the source of the 

components parts—including 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 for 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; or (3) 

choose a more inclusive approach that 

allows a solar installation to comply if 

either the cells or the module are 

manufactured in the United States. 

Because of the dynamic nature of the 

solar PV manufacturing sector, the 

number of manufacturers given below is 


srobinson on DSKHWCL6B1PROD with NOTICES