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]

Download as PDF 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 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 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, VerDate Mar<15>2010 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 PO 00000 Frm 00030 Fmt 4703 Sfmt 4703 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 VerDate Mar<15>2010 19:46 Jun 01, 2010 Jkt 220001 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. PO 00000 Frm 00031 Fmt 4703 Sfmt 4703 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
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.