Notice of a Waiver of Section 1605 of the American Recovery and Reinvestment Act of 2009 (ARRA) for Poplar School District, Poplar, MT, 30799-30800 [2010-13308]
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Federal Register / Vol. 75, No. 105 / Wednesday, June 2, 2010 / Notices
room 4076, Potomac Center Plaza (PCP),
Washington, DC 20202–2550.
Telephone: (202) 245–7434.
If you use a TDD, call the Federal
Relay Service (FRS), toll free, at 1–800–
877–8339.
VIII. Other Information
Accessible Format: Individuals with
disabilities can obtain this document
and a copy of the application package in
an accessible format (e.g., braille, large
print, audiotape, or computer diskette)
by contacting the Grants and Contracts
Services Team, U.S. Department of
Education, 400 Maryland Avenue, SW.,
room 5075, PCP, Washington, DC
20202–2550. Telephone: (202) 245–
7363. If you use a TDD, call the FRS, toll
free, at 1–800–877–8339.
Electronic Access to This Document:
You can view this document, as well as
all other documents of this Department
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news/fedregister. To use PDF you must
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Register. Free Internet access to the official
edition of the Federal Register and the Code
of Federal Regulations is available on GPO
Access at: https://www.gpoaccess.gov/nara/
index.html.
Dated: May 26, 2010.
Alexa Posny,
Assistant Secretary for Special Education and
Rehabilitative Services.
[FR Doc. 2010–13143 Filed 6–1–10; 8:45 am]
BILLING CODE 4000–01–P
DEPARTMENT OF EDUCATION
Notice of a Waiver of Section 1605 of
the American Recovery and
Reinvestment Act of 2009 (ARRA) for
Poplar School District, Poplar, MT
sroberts on DSKD5P82C1PROD with NOTICES
ACTION: Notice of a Waiver of Section
1605 of the American Recovery and
Reinvestment Act of 2009 (ARRA) for
Poplar School District, Poplar, Montana.
SUMMARY: In this notice, the Department
of Education (the Department)
announces its waiver of the Buy
American requirements in section
1605(a) of the ARRA (Buy American
Requirements) for the Poplar School
District in Poplar, Montana (Poplar
District) and the justification for this
waiver. This waiver permits use of
imported T8 4-foot electronic ballasts in
the Poplar District’s lighting project,
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19:08 Jun 01, 2010
Jkt 220001
which is supported with Impact Aid
funds appropriated under the ARRA.
SUPPLEMENTARY INFORMATION: The
Department provided Poplar District
with an Impact Aid ARRA formula grant
for school construction activities
authorized under section 8007(a) of the
Elementary and Secondary Education
Act of 1965, as amended. The Poplar
District proposes to use these funds for
a lighting project, but reports that the
particular lights needed (T8 4-foot
electronic ballasts) for this construction
project are not produced in the United
States.
In accordance with section 1605(c) of
the ARRA, the Department hereby
provides notice that it is granting a
waiver of the Buy American
Requirements for the Poplar District’s
lighting project. This notice constitutes
the detailed written justification that the
Department is required to publish in
instances when it grants such a waiver
pursuant to section 1605(b) of the
ARRA.
Section 1605(a) of the ARRA requires
that none of the appropriated funds 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. The ARRA further
provides that this requirement does not
apply, and that a waiver may be granted,
when the head of the Federal
department or agency involved finds
that: (1) Applying these requirements
would be inconsistent with the public
interest; (2) iron, steel, and relevant
manufactured goods are not produced in
the United States in sufficient and
reasonably available quantities and of a
satisfactory quality; or (3) inclusion of
iron, steel, and relevant manufactured
goods produced in the United States
will increase the overall cost of the
project by more than 25 percent.
The Secretary has determined that a
section 1605(b) waiver of the Buy
American Requirements is appropriate
for the Poplar District’s lighting project
because, based on the Department’s
research, the particular lights needed for
this project are not manufactured in the
United States. The Department bases
this determination on information
provided by the Poplar District as well
as the Department’s own research. The
Poplar District has provided information
to the Department documenting that
there are no T8 4-foot electronic ballast
manufacturers in the United States. In
addition, based on the Department’s
own research (Internet product
literature searches) and to the best of the
Department’s knowledge at the time of
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30799
its review of the Poplar District’s waiver
request, there do not appear to be U.S.manufactured T8 4-foot electronic
ballasts available to the Poplar District
for the ARRA-funded lighting project.
Furthermore, the purpose of the
ARRA is to stimulate economic
recovery, in part, by funding current
infrastructure construction, and not to
delay projects that are ‘‘shovel ready’’ by
requiring the revision of standards and
specifications or a new bidding process.
The imposition of the Buy American
Requirements on such otherwise eligible
projects would result in unreasonable
delay, and to further delay construction
would be in direct conflict with a
fundamental economic purpose of the
ARRA, which is to create or retain jobs.
The Department has reviewed the
Poplar District’s waiver request and has
determined that the supporting
documentation is sufficient to
demonstrate that a waiver is justified
under section 1605(b)(2) of the ARRA.
Having established both a proper basis
to specify the particular good required
for this project, and that this
manufactured good is not available from
a producer in the United States, the
Poplar District is hereby granted a
waiver from the Buy American
Requirements reflected in section
1605(a) of the ARRA for the purchase of
T8 4-foot electronic ballasts using ARRA
funds as specified in the Poplar
District’s request.
FOR FURTHER INFORMATION CONTACT:
Kristen Walls-Rivas, Impact Aid
Program, U.S. Department of Education,
400 Maryland Avenue, SW.,
Washington, DC 20202. Telephone:
(202) 260–1357 or via Internet:
Kristen.Walls-Rivas@ed.gov.
If you use a telecommunications
device for the deaf (TDD), call the
Federal Relay Service (FRS), toll free, at
1–800–877–8339. Individuals with
disabilities can obtain this document in
an accessible format (e.g., braille, large
print, audiotape, or computer diskette)
on request to the program contact
person listed in this section.
Electronic Access to This Document:
You may view this document, as well as
all other documents of this Department
published in the Federal Register, in
text or Adobe Portable Document
Format (PDF) on the Internet at the
following site: https://www.ed.gov/news/
fedregister. To use PDF you must have
Adobe Acrobat Reader, which is
available free at this site.
Note: The official version of this document
is the document published in the Federal
Register. Free Internet access to the official
edition of the Federal Register and the Code
of Federal Regulations is available on GPO
E:\FR\FM\02JNN1.SGM
02JNN1
30800
Federal Register / Vol. 75, No. 105 / Wednesday, June 2, 2010 / Notices
Access at: https://www.gpoaccess.gov/nara/
index.html.
Authority: Section 1605 of the American
Recovery and Reinvestment Act, Public Law
111–5.
Dated: May 28, 2010.
Arne Duncan,
Secretary of Education.
[FR Doc. 2010–13308 Filed 6–1–10; 8:45 am]
BILLING CODE 4000–01–P
DEPARTMENT OF ENERGY
Notice of Intent To Prepare an
Environmental Impact Statement for
Texas Clean Energy Project, Ector
County, TX
AGENCY: Department of Energy.
ACTION: Notice of Intent To Prepare
An
sroberts on DSKD5P82C1PROD with NOTICES
Environmental Impact Statement.
SUMMARY: The U.S. Department of
Energy (DOE or Department) announces
its intent to prepare an Environmental
Impact Statement (EIS) pursuant to the
National Environmental Policy Act
(NEPA), the Council on Environmental
Quality (CEQ) NEPA regulations (40
CFR parts 1500–1508), and DOE NEPA
implementing procedures (10 CFR part
1021), to assess the potential
environmental impacts for the proposed
action of providing Federal funding for
the proposed Texas Clean Energy
Project (TCEP) near Odessa, Texas. The
project would comprise planning,
design, construction and operation by
Summit Texas Clean Energy, LLC
(Summit) of a coal-fueled electric power
and chemicals production plant
integrated with carbon dioxide (CO2)
capture and geologic sequestration. DOE
selected this project for an award of
financial assistance through a
competitive process under the Clean
Coal Power Initiative (CCPI) program
(Round 3).
The EIS (DOE/EIS–0444) will inform
DOE’s decision on whether to provide
financial assistance under its CCPI
program. DOE proposes to provide
Summit with approximately $350
million in funding for this project,
which would demonstrate the full
integration of CO2 capture and
sequestration with a commercial,
integrated gasification combined-cycle
(IGCC) poly-generation (electricity and
chemicals) plant. DOE’s contribution of
$350 million would constitute about 20
percent of the estimated total
development and capital cost of the
project, which is estimated to be $1.73
billion (2009 dollars). TCEP would
employ advanced clean coal
technologies to reduce the levels of CO2
emissions below that of conventional
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19:46 Jun 01, 2010
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technologies used to generate electricity
from fossil fuels, including natural gas.
Summit proposes to build its IGCC
plant adjacent to an oil field in Ector
County, Texas. The plant would use
coal as its feedstock. It would capture,
in the form of CO2, about 90% of the
carbon in the portion of its coal fuel
supply used for power production. The
plant would employ two gasifiers,
feeding a single, combined-cycle power
island to generate about 400 MW (gross)
of electricity, with the co-production of
sulfuric acid and urea (for fertilizer) or
other chemicals. About 275 MW of
electricity would be put onto the power
grid, with the remaining power used for
commercial loads on the project site,
such as urea production and CO2
compression. During DOE
demonstration phase of the project, it
would permanently sequester CO2 at a
maximum rate of about 3 million tons
per year by piping it to Permian Basin
oil fields, where it would be used by
field operators for enhanced oil recovery
(EOR). Summit is owned jointly by the
Summit Power Group, Inc. and CW
NextGen, Inc. (CWNI), a Clayton
Williams company. The project team
includes Summit Power Group, Inc.;
Blue Source, LLC; Siemens, AG; and
CWNI; among others.
DOE issues this Notice of Intent (NOI)
to inform interested parties of the
pending EIS and to invite public
comments on the proposed action,
including: (1) The proposed plans for
implementing the project, (2) the range
of environmental issues and alternatives
to be analyzed, and (3) the analysis
methods to be used or considered
during preparation of the EIS.
DATES: DOE invites comments on the
proposed scope and content of the EIS
from all interested parties. Comments
must be received by July 2, 2010, to
ensure consideration. Late comments
will be considered to the extent
practicable. In addition to accepting
comments in writing (formal letters,
faxes and e-mails) and by telephone
(See ADDRESSES below), DOE will
conduct a public scoping meeting in
which government agencies, privatesector organizations, and the general
public are invited to present oral
comments or suggestions with regard to
the alternatives and issues to be
considered in the EIS. The scoping
meeting will be held beginning at 7 p.m.
on Thursday, June 17, 2010, in the
Saulsbury Meeting Room of the
Electronics Technology Building at
Odessa College, 201 West University
Blvd, Odessa, Texas 79764. The public
is also invited to learn more about the
proposed project at an informal session
at this location beginning at 4 p.m.
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Displays and other information about
DOE’s proposed action and Summit’s
project will be available, and
representatives from DOE and Summit
will be present at the informal session
to discuss the proposed project, DOE’s
CCPI program, and the EIS process.
ADDRESSES: Written comments on the
scope of the EIS and requests to
participate in the public scoping
meeting should be addressed to: Mr.
Mark L. McKoy, U.S. Department of
Energy, National Energy Technology
Laboratory, 3610 Collins Ferry Road,
P.O. Box 880, Morgantown, WV 26507–
0880. Individuals and organizations
who would like to provide oral or
electronic comments, or request copies
of the Draft EIS, should contact Mr.
McKoy by telephone (304–285–4426),
toll-free telephone (1–800–432–8330
(ext. 4426), fax (304–285–4403), e-mail
(Summit.EIS@netl.doe.gov), or formal
mail submitted to the address given
above.
FOR FURTHER INFORMATION CONTACT: For
further information about this project,
contact Mr. Mark L. McKoy, as
described above. For general
information on the DOE NEPA process,
please contact Ms. Carol M. Borgstrom,
Director, Office of NEPA Policy and
Compliance (GC–54), U.S. Department
of Energy, 1000 Independence Avenue,
SW., Washington, DC 20585–0103;
telephone: 202–586–4600; fax: 202–
586–7031; or leave a toll-free message at
1–800–472–2756.
SUPPLEMENTARY INFORMATION:
Background
Since the early 1970s, DOE and its
predecessor agencies have pursued
research and development programs
that include large, technically complex
projects in pursuit of innovation in a
wide variety of coal technologies
through the proof-of-concept stage.
However, helping a technology reach
the proof-of-concept stage does not
ensure its continued development or
commercialization. Before a technology
can be considered seriously for
commercialization, it must be
demonstrated at a sufficient scale to
prove its reliability and economically
competitive performance. The financial
risk associated with such large-scale
demonstration projects is often too high
for the private sector to assume in the
absence of strong incentives.
The CCPI program was established in
2002 as a government and private sector
partnership to implement the
recommendation in President Bush’s
National Energy Policy to increase
investment in clean coal technology.
E:\FR\FM\02JNN1.SGM
02JNN1
]]>Agencies
[Federal Register Volume 75, Number 105 (Wednesday, June 2, 2010)]
[Notices]
[Pages 30799-30800]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-13308]
-----------------------------------------------------------------------
DEPARTMENT OF EDUCATION
Notice of a Waiver of Section 1605 of the American Recovery and
Reinvestment Act of 2009 (ARRA) for Poplar School District, Poplar, MT
ACTION: Notice of a Waiver of Section 1605 of the American Recovery and
Reinvestment Act of 2009 (ARRA) for Poplar School District, Poplar,
Montana.
-----------------------------------------------------------------------
SUMMARY: In this notice, the Department of Education (the Department)
announces its waiver of the Buy American requirements in section
1605(a) of the ARRA (Buy American Requirements) for the Poplar School
District in Poplar, Montana (Poplar District) and the justification for
this waiver. This waiver permits use of imported T8 4-foot electronic
ballasts in the Poplar District's lighting project, which is supported
with Impact Aid funds appropriated under the ARRA.
SUPPLEMENTARY INFORMATION: The Department provided Poplar District with
an Impact Aid ARRA formula grant for school construction activities
authorized under section 8007(a) of the Elementary and Secondary
Education Act of 1965, as amended. The Poplar District proposes to use
these funds for a lighting project, but reports that the particular
lights needed (T8 4-foot electronic ballasts) for this construction
project are not produced in the United States.
In accordance with section 1605(c) of the ARRA, the Department
hereby provides notice that it is granting a waiver of the Buy American
Requirements for the Poplar District's lighting project. This notice
constitutes the detailed written justification that the Department is
required to publish in instances when it grants such a waiver pursuant
to section 1605(b) of the ARRA.
Section 1605(a) of the ARRA requires that none of the appropriated
funds 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. The ARRA further provides that this requirement does not apply,
and that a waiver may be granted, when the head of the Federal
department or agency involved finds that: (1) Applying these
requirements would be inconsistent with the public interest; (2) iron,
steel, and relevant manufactured goods are not produced in the United
States in sufficient and reasonably available quantities and of a
satisfactory quality; or (3) inclusion of iron, steel, and relevant
manufactured goods produced in the United States will increase the
overall cost of the project by more than 25 percent.
The Secretary has determined that a section 1605(b) waiver of the
Buy American Requirements is appropriate for the Poplar District's
lighting project because, based on the Department's research, the
particular lights needed for this project are not manufactured in the
United States. The Department bases this determination on information
provided by the Poplar District as well as the Department's own
research. The Poplar District has provided information to the
Department documenting that there are no T8 4-foot electronic ballast
manufacturers in the United States. In addition, based on the
Department's own research (Internet product literature searches) and to
the best of the Department's knowledge at the time of its review of the
Poplar District's waiver request, there do not appear to be U.S.-
manufactured T8 4-foot electronic ballasts available to the Poplar
District for the ARRA-funded lighting project.
Furthermore, the purpose of the ARRA is to stimulate economic
recovery, in part, by funding current infrastructure construction, and
not to delay projects that are ``shovel ready'' by requiring the
revision of standards and specifications or a new bidding process. The
imposition of the Buy American Requirements on such otherwise eligible
projects would result in unreasonable delay, and to further delay
construction would be in direct conflict with a fundamental economic
purpose of the ARRA, which is to create or retain jobs.
The Department has reviewed the Poplar District's waiver request
and has determined that the supporting documentation is sufficient to
demonstrate that a waiver is justified under section 1605(b)(2) of the
ARRA. Having established both a proper basis to specify the particular
good required for this project, and that this manufactured good is not
available from a producer in the United States, the Poplar District is
hereby granted a waiver from the Buy American Requirements reflected in
section 1605(a) of the ARRA for the purchase of T8 4-foot electronic
ballasts using ARRA funds as specified in the Poplar District's
request.
FOR FURTHER INFORMATION CONTACT: Kristen Walls-Rivas, Impact Aid
Program, U.S. Department of Education, 400 Maryland Avenue, SW.,
Washington, DC 20202. Telephone: (202) 260-1357 or via Internet:
Kristen.Walls-Rivas@ed.gov.
If you use a telecommunications device for the deaf (TDD), call the
Federal Relay Service (FRS), toll free, at 1-800-877-8339. Individuals
with disabilities can obtain this document in an accessible format
(e.g., braille, large print, audiotape, or computer diskette) on
request to the program contact person listed in this section.
Electronic Access to This Document: You may view this document, as
well as all other documents of this Department published in the Federal
Register, in text or Adobe Portable Document Format (PDF) on the
Internet at the following site: https://www.ed.gov/news/fedregister. To
use PDF you must have Adobe Acrobat Reader, which is available free at
this site.
Note: The official version of this document is the document
published in the Federal Register. Free Internet access to the
official edition of the Federal Register and the Code of Federal
Regulations is available on GPO
[[Page 30800]]
Access at: https://www.gpoaccess.gov/nara/.
Authority: Section 1605 of the American Recovery and
Reinvestment Act, Public Law 111-5.
Dated: May 28, 2010.
Arne Duncan,
Secretary of Education.
[FR Doc. 2010-13308 Filed 6-1-10; 8:45 am]
BILLING CODE 4000-01-P
