Notice of a Waiver of Section 1605 of the American Recovery and Reinvestment Act of 2009 (ARRA) for Indian River Central School District, Philadelphia, New York, 36646-36647 [2010-15657]
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Federal Register / Vol. 75, No. 123 / Monday, June 28, 2010 / Notices
having official need therefore.
Automated data base and output are
managed through comprehensive
procedures and policies prescribed in
system functional users manuals.
Regional Data Centers are contractoroperated. Contractor personnel are
security screened; employees receive a
security briefing and participate in an
on-going security education program
under the Regional Data Security
Officer. Regional Data Centers are
connected through a communications
network to 44 distributed data
processing centers at Army installations.
Data are available only to installation
personnel responsible for system
operation and maintenance. Terminals
not in data processing centers are under
the supervision of a terminal area
security officer at each remote location
protecting them from unauthorized use.
Access to information is controlled
further by a system of assigned
passwords for authorized users of
terminals.
RETENTION AND DISPOSAL:
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records for prisoners in the U.S. Army
Corrections System Facilities are
retained for 2 years following expiration
of sentence/completion of parole/
maximum release date, following which
they are retired to the National
Personnel Records Center for 25 years
before destruction by shredding.
Note: Transfer of a prisoner from one
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Information on tape/disc is erased
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as appropriate, where they are retained
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maximum release date, following which
they are retired to the National
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destroyed by shredding.
For verification purposes, individual
should provide their full name, Social
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confinement, any details, which may
assist in locating records, and their
signature.
In addition, the requester must
provide a notarized statement or an
unsworn declaration made in
accordance with 28 U.S.C. 1746, in the
following format:
If executed outside the United States:
‘I declare (or certify, verify, or state)
under penalty of perjury under the laws
of the United States of America that the
foregoing is true and correct. Executed
on (date). (Signature)’.
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its territories, possessions, or
commonwealths: ‘I declare (or certify,
verify, or state) under penalty of perjury
that the foregoing is true and correct.
Executed on (date). (Signature)’.
RECORD ACCESS PROCEDURES:
Individuals seeking access to
information about themselves contained
in this system should address written
inquiries to the commander of the
correctional facility.
For verification purposes, individual
should provide their full name, Social
Security Number (SSN), dates of
confinement, any details, which may
assist in locating records, and their
signature.
In addition, the requester must
provide a notarized statement or an
unsworn declaration made in
accordance with 28 U.S.C. 1746, in the
following format:
If executed outside the United States:
‘I declare (or certify, verify, or state)
under penalty of perjury under the laws
of the United States of America that the
foregoing is true and correct. Executed
on (date). (Signature)’.
If executed within the United States,
its territories, possessions, or
commonwealths: ‘I declare (or certify,
verify, or state) under penalty of perjury
that the foregoing is true and correct.
Executed on (date). (Signature)’.
CONTESTING RECORD PROCEDURES:
Office of the Provost Marshal General,
2800 Army Pentagon, Washington, DC
20310–2800; Army Corrections
Command, 200 Stovall St, Alexandria,
VA 22332–6100.
The Army’s rules for accessing
records and for contesting contents and
appealing initial agency determinations
are contained in Army Regulation 340–
21; 32 CFR part 505; or may be obtained
from the system manager.
NOTIFICATION PROCEDURE:
RECORD SOURCE CATEGORIES:
Individuals seeking to determine
whether information about themselves
is contained in this system should
address written inquiries to the
commander of the correctional facility
where confined.
From the individual witnesses;
victims; Military Police/U.S. Army
Criminal Investigation Command
personnel and/or reports; informants;
various Federal, State and local
investigative and law enforcement
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SYSTEM MANAGER(S) AND ADDRESS:
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agencies; foreign governments; and
other individual or organization that
may supply pertinent information.
EXEMPTIONS CLAIMED FOR THE SYSTEM:
Parts of this system may be exempt
pursuant to 5 U.S.C. 552a(j)(2) if the
information is compiled and maintained
by a component of the agency which
performs as its principle function any
activity pertaining to the enforcement of
criminal laws.
An exemption rule for this system has
been promulgated in accordance with
requirements of 5 U.S.C. 553(b)(1), (2),
and (3), (c) and (e) and published in 32
CFR part 505. For additional
information contact the system manager.
[FR Doc. 2010–15637 Filed 6–25–10; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF EDUCATION
Notice of a Waiver of Section 1605 of
the American Recovery and
Reinvestment Act of 2009 (ARRA) for
Indian River Central School District,
Philadelphia, New York
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 Indian River
Central School District in Philadelphia,
New York (Indian River District) and the
justification for this waiver. This waiver
permits use of compatible telephones,
servers, and software as well as
American Power Conversion (APC)
power supply and surge suppression
equipment in the Indian River District’s
telecommunications project, which is
supported with Impact Aid funds
appropriated under the ARRA.
SUPPLEMENTARY INFORMATION: The
Department provided the Indian River
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 Indian River District
proposes to use these funds for a
telecommunications infrastructure
investment, but reports that the
particular telecommunication and
power supply components needed 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 Indian River
District’s telecommunications project.
This notice constitutes the detailed
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28JNN1
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Federal Register / Vol. 75, No. 123 / Monday, June 28, 2010 / Notices
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 district seeks a waiver based on
the fact that the telecommunications
upgrade will provide the necessary
support to provide a reliable flow of
products and services essential to the
smooth functioning of government at
the local level. The project would
completely replace the current
telecommunications infrastructure for
six buildings within the school district,
and make it consistent with a single
Voice over Internet Protocol (VoIP)
system that has already been installed in
the district’s other three facilities. One
problem with the current infrastructure
is that there are four different systems
installed in the various buildings, which
has contributed to incompatible systems
and ineffective communications. As a
result, the district determined that it is
essential that all of it buildings should
share a single, state-of-the-art system.
The district reported that the existing
VoIP system comprises Cisco
telephones, servers, and software as
well as American Power Conversion
(APC) power supply and surge
suppression equipment. While both
Cisco and APC are American firms that
provide the bulk of the equipment and
software in the U.S., the products
themselves are manufactured in China
and India. In order to remain
technologically consistent with the
district facilities that were updated with
other resources and use materials of
comparable satisfactory quality, the
school district would need to use the
same products in the proposed project.
The Secretary has determined that a
section 1605(b) waiver of the Buy
American Requirements is appropriate
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21:02 Jun 25, 2010
Jkt 220001
for the Indian River District’s
telecommunications project because,
based on information provided by the
Indian River District as well the
Department’s own research, the
particular telecommunications and
power supply components needed for
this project are not manufactured in the
United States. The Department bases
this determination on information
provided by the Indian River District as
well as its own research. The Indian
River District has provided information
to the Department documenting that
there are no Cisco telephones, servers,
and software or APC power supply and
surge suppression equipment
manufactured 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 Indian River District’s
waiver request, there do not appear to
be U.S.-manufactured Cisco telephones,
servers, and software or APC power
supply and surge suppression
equipment available to the Indian River
District for the ARRA-funded
telecommunications 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 requiring the
district to abandon a VoIP system that
it already had purchased and installed
in three facilities or requiring it to
install possibly incompatible technology
in the six remaining facilities. Either
alternative is inconsistent with the
public interest. In addition, imposing
Buy American requirements for this
project at this point would also result in
an 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
Indian River District’s waiver request
and has determined that the supporting
documentation is sufficient to
demonstrate that a waiver is justified
under section 1605(b) of the ARRA.
Having established both a proper basis
to specify the particular goods required
for this project, and that these
compatible manufactured goods are not
available from a producer in the United
States, the Indian River District is
hereby granted a waiver from the Buy
American Requirements reflected in
section 1605(a) of the ARRA for the
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36647
installation of the telecommunication
and power supply components of
compatible telecommunications
infrastructure (including telephones,
servers, and software) in all of the
district’s school facilities using ARRA
funds as specified in the Indian River
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
Access at: https://www.gpoaccess.gov/nara/
index.html.
Authority: Section 1605 of the American
Recovery and Reinvestment Act, Public Law
111–5.
Dated: June 23, 2010.
Arne Duncan,
Secretary of Education.
[FR Doc. 2010–15657 Filed 6–25–10; 8:45 am]
BILLING CODE 4000–01–P
DEPARTMENT OF ENERGY
Blue Ribbon Commission on
America’s Nuclear Future
Office of Nuclear Energy, DOE.
Notice of open meeting.
AGENCY:
ACTION:
SUMMARY: This notice announces an
open meeting of the Blue Ribbon
Commission on America’s Nuclear
Future (the Commission). The
Commission was organized pursuant to
the Federal Advisory Committee Act
(Pub. L. 92–463, 86 Stat. 770) (the Act).
This notice is provided in accordance
with the Act.
E:\FR\FM\28JNN1.SGM
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]]>Agencies
[Federal Register Volume 75, Number 123 (Monday, June 28, 2010)]
[Notices]
[Pages 36646-36647]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-15657]
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DEPARTMENT OF EDUCATION
Notice of a Waiver of Section 1605 of the American Recovery and
Reinvestment Act of 2009 (ARRA) for Indian River Central School
District, Philadelphia, New York
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 Indian River
Central School District in Philadelphia, New York (Indian River
District) and the justification for this waiver. This waiver permits
use of compatible telephones, servers, and software as well as American
Power Conversion (APC) power supply and surge suppression equipment in
the Indian River District's telecommunications project, which is
supported with Impact Aid funds appropriated under the ARRA.
SUPPLEMENTARY INFORMATION: The Department provided the Indian River
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 Indian River District
proposes to use these funds for a telecommunications infrastructure
investment, but reports that the particular telecommunication and power
supply components needed 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 Indian River District's telecommunications
project. This notice constitutes the detailed
[[Page 36647]]
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 district seeks a waiver based on the fact that the
telecommunications upgrade will provide the necessary support to
provide a reliable flow of products and services essential to the
smooth functioning of government at the local level. The project would
completely replace the current telecommunications infrastructure for
six buildings within the school district, and make it consistent with a
single Voice over Internet Protocol (VoIP) system that has already been
installed in the district's other three facilities. One problem with
the current infrastructure is that there are four different systems
installed in the various buildings, which has contributed to
incompatible systems and ineffective communications. As a result, the
district determined that it is essential that all of it buildings
should share a single, state-of-the-art system.
The district reported that the existing VoIP system comprises Cisco
telephones, servers, and software as well as American Power Conversion
(APC) power supply and surge suppression equipment. While both Cisco
and APC are American firms that provide the bulk of the equipment and
software in the U.S., the products themselves are manufactured in China
and India. In order to remain technologically consistent with the
district facilities that were updated with other resources and use
materials of comparable satisfactory quality, the school district would
need to use the same products in the proposed project.
The Secretary has determined that a section 1605(b) waiver of the
Buy American Requirements is appropriate for the Indian River
District's telecommunications project because, based on information
provided by the Indian River District as well the Department's own
research, the particular telecommunications and power supply components
needed for this project are not manufactured in the United States. The
Department bases this determination on information provided by the
Indian River District as well as its own research. The Indian River
District has provided information to the Department documenting that
there are no Cisco telephones, servers, and software or APC power
supply and surge suppression equipment manufactured 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 Indian River District's
waiver request, there do not appear to be U.S.-manufactured Cisco
telephones, servers, and software or APC power supply and surge
suppression equipment available to the Indian River District for the
ARRA-funded telecommunications 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 requiring the district to abandon a VoIP
system that it already had purchased and installed in three facilities
or requiring it to install possibly incompatible technology in the six
remaining facilities. Either alternative is inconsistent with the
public interest. In addition, imposing Buy American requirements for
this project at this point would also result in an 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 Indian River District's waiver
request and has determined that the supporting documentation is
sufficient to demonstrate that a waiver is justified under section
1605(b) of the ARRA. Having established both a proper basis to specify
the particular goods required for this project, and that these
compatible manufactured goods are not available from a producer in the
United States, the Indian River District is hereby granted a waiver
from the Buy American Requirements reflected in section 1605(a) of the
ARRA for the installation of the telecommunication and power supply
components of compatible telecommunications infrastructure (including
telephones, servers, and software) in all of the district's school
facilities using ARRA funds as specified in the Indian River 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 Access at: https://www.gpoaccess.gov/nara/.
Authority: Section 1605 of the American Recovery and
Reinvestment Act, Public Law 111-5.
Dated: June 23, 2010.
Arne Duncan,
Secretary of Education.
[FR Doc. 2010-15657 Filed 6-25-10; 8:45 am]
BILLING CODE 4000-01-P
