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
65014 Federal Register / Vol. 75, No. 203 / Thursday, October 21, 2010 / Notices 

DATES: Access by the DOJ and/or the 

parties to the Litigation to material 

discussed in this Notice that has been 

either claimed or determined to be CBI 

is ongoing, and is expected to continue 

in the future during the pendency of the 

Litigation. The EPA will accept 

comments on this Notice through 

October 30, 2010. 

ADDRESSES: For further information 

contact Craig Kaufman, AttorneyAdvisor, Office of Site Remediation 

Enforcement, U.S. Environmental 

Protection Agency, 1200 Pennsylvania 

Ave., NW. (Mail Code 2272A), 

Washington, DC 20460; telephone 

number: (202) 564–4284; e-mail address: 

kaufman.craig@epa.gov. 

SUPPLEMENTARY INFORMATION: In 

accordance with 40 CFR 2.209(c)(1), the 

EPA has disclosed information, 

including CBI, to the DOJ in response to 

a written request for information from 

the DOJ and/or on the initiative of the 

EPA because such disclosure was 

necessary to enable the DOJ to carry out 

a litigation function on behalf of the 

EPA. The DOJ has been served with 

discovery requests seeking, among other 

things, documentation supporting the 

proofs of claim filed by the United 

States of America in the bankruptcy 

styled, In re Tronox Incorporated, et al., 

Case No. 09–10156 (ALG) (Chapter 11), 

pending in the United Stated 

Bankruptcy Court for the Southern 

District of New York (the ‘‘Bankruptcy’’). 

Those proofs of claim were filed on 

behalf of, inter alia, the EPA regarding 

the debtors’ environmental liabilities, 

including liabilities at sites at which the 

EPA’s contractors may have provided 

services. 

The parties to the Litigation have 

entered into an Agreed Protective Order, 

see Document No. 248 in the 

Bankruptcy docket, as amended on 

August 12, 2009, see Document No. 622 

(together, the ‘‘AGP’’), that will govern 

the treatment of information, including 

CBI, that is designated ‘‘Confidential’’ 

pursuant to the AGP. The AGP provides 

for limited dissemination of confidential 

information and for the return or 

destruction of confidential information 

at the conclusion of the Litigation. See, 

e.g., AGP, at ¶¶ 1, 10, 12–16, 21. 

In accordance with 40 CFR 2.209(d), 

the EPA is hereby giving notice that it 

has authorized the DOJ to disclose 

information that originated from the 

EPA to the extent required to comply 

with the discovery obligations of the 

United States in the Litigation, 

including its obligations under the AGP. 

Accordingly, business information that 

is ordinarily entitled to confidential 

treatment under existing Agency 

regulations (40 CFR Part 2) may be 

included in the information that the DOJ 

will release to parties in the Litigation 

pursuant to the AGP. 

As explained by EPA’s Office of 

General Counsel at its Web site, 

http://www.epa.gov/ogc/documents.

htm, the CBI that may be disclosed in 

the Litigation could include, but is not 

limited to, business information 

submitted by contractors and 

prospective contractors, see generally 

Class Determination 1–95; business 

information submitted in technical and 

cost proposals, see generally Class 

Determination 2–78; and business 

information submitted in contract 

proposals and related documents, see 

generally Class Determination 2–79. CBI 

may also include information obtained 

by the EPA under the Comprehensive 

Environmental Response, 

Compensation, and Liability Act of 

1980, as amended (‘‘CERCLA’’), 

including information provided to the 

EPA, directly or indirectly, pursuant to 

section 104 of CERCLA. All CBI that is 

disclosed in the Litigation will be 

designated ‘‘Confidential’’ pursuant to 

the AGP. 

Information, including CBI, discussed 

in this Notice may relate to certain 

companies and agencies that have 

provided services for the EPA at sites 

involved in the Litigation, including but 

not limited to the following: Agency for 

Toxic Substances and Disease Registry; 

Alion Science & Technology 

Corporation; Alpha Woods Hole 

Laboratories; Arctic Slope Regional 

Corporation; ASRC Management 

Services, Incorporated; CDM Federal 

Programs Corporation; CH2M Hill 

Incorporated; Clayton Environmental 

Consultants; Columbia Analytical 

Services; Computer Services 

Corporation; Contract Laboratory 

Program; Datachem Laboratories, 

Incorporated; DynCorp International; 

Ecology & Environment, Incorporated; 

Environmental Control Technology 

Corporation; EnviroSystems, 

Incorporated; Foster Wheeler 

Environmental Corporation; GRB 

Environmental Services, Incorporated; 

Illinois Environmental Protection 

Agency; Industrial Economics, 

Incorporated; InStep Software, LLC; 

Integrated Support Systems, 

Incorporated; Keystone Environmental 

Resources Incorporated; Lancaster 

Laboratories; Lata-Kemron Remediation, 

LLC; Laucks Testing Laboratories, 

Incorporated; Liberty Analytical 

Corporation; Lockheed Environment 

Systems and Technologies Company; 

Lockheed Environmental & 

Technologies Remote Sensing Support; 

Lockheed Martin Services Incorporated; 

Malcolm Pirnie, Incorporated; Metcalf & 

Eddy, Incorporated; Mitkem 

Laboratories; NewFields; OHM 

Remediation Services Corporation; 

Resource Applications, Incorporated; 

Ronson Management Corporation; 

Routine Analytical Services; Roy F. 

Weston, Incorporated; Science 

Applications International Corporation; 

Special Analytical Services; S.S. 

Papadopulos & Associates, 

Incorporated; Stevenson; STN 

Environmental Joint Venture; TechLaw, 

Incorporated; Tetra Tech EM 

Incorporated; The Conti Group; Toeroek 

Associates, Incorporated; TRC 

Environmental Corporation; United 

States Environmental Services, LLC; 

United States Army Corps of Engineers; 

United States Department of the 

Interior; and Westinghouse Remediation 

Services, Incorporated; Weston 

Solutions, Incorporated; Wisconsin 

Department of Natural Resources; WRS 

Infrastructure and Environment 

Incorporated; York Laboratories. 

Dated: October 18, 2010. 

Sandra Connors, 

Acting Deputy Director, Office of Site 

Remediation Enforcement. 

[FR Doc. 2010–26524 Filed 10–20–10; 8:45 am] 

BILLING CODE 6560–50–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

[FRL–9216–4] 

Science Advisory Board Staff Office 

Request for Nominations of Experts for 

the Consultation on Revisions to the 

Multi-Agency Radiation Survey and 

Site Investigation Manual 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Notice. 

SUMMARY: The EPA Science Advisory 

Board (SAB) Staff Office is requesting 

public nominations for technical experts 

to augment the SAB’s Radiation 

Advisory Committee (RAC) to conduct a 

consultation on revision to the MultiAgency Radiation Survey and Site 

Investigation Manual. 

DATES: Nominations should be 

submitted by November 12, 2010 per 

instructions below. 

FOR FURTHER INFORMATION CONTACT: Any 

member of the public wishing further 

information regarding this Notice and 

Request for Nominations may contact 

Dr. K. Jack Kooyoomjian, Designated 

Federal Officer (DFO), SAB Staff Office, 

by telephone/voice mail at (202) 564– 

2064, or via e-mail at 

kooyoomjian.jack@epa.gov. General 


jlentini on DSKJ8SOYB1PROD with NOTICES