40576 Federal Register / Vol. 74, No. 154 / Wednesday, August 12, 2009 / Notices 

SUPPLEMENTARY INFORMATION: Elsewhere 

in this issue of the Federal Register, the 

Department has amended the definition 

of the term consortium in the 

regulations for the AIVRS program (34 

CFR 371.4(b)). The purpose of this 

regulatory change is to ensure that any 

consortium of Indian tribes could 

establish a separate legal entity to apply 

for a grant under this program. Prior to 

this regulatory change, the Department’s 

definition of the term consortium under 

the AIVRS program required Indian 

tribes that choose to form a consortium 

to designate one of the Indian tribes of 

the consortium to serve as the grantee; 

it did not also permit the Indian tribes 

in the consortium to create a separate 

legal entity that would serve as the 

grantee on behalf of the consortium and 

be responsible for using the grant funds 

to provide services to all the Indian 

tribes in the consortium. To ensure that 

the change in the regulatory definition 

of the term consortium under the AIVRS 

program applies to entities applying for 

a FY 2009 grant, we are reopening the 

competition and establishing a new 

deadline for the submission of 

applications. 

Only groups of Indian tribes that seek 

to apply for funding under the AIVRS 

program as a consortium using a 

separate legal entity as the applicant are 

permitted to submit an application 

under this reopened competition. 

Applicants that submitted applications 

by the July 23, 2009, deadline date in 

accordance with the terms of the May 

14, 2009, notice inviting applications 

are not required to submit new 

applications. If an applicant that has 

already submitted an application for 

this competition now chooses to join a 

consortium and have a separate legal 

entity apply on behalf of the 

consortium, the applicant must notify 

the Department and reapply using the 

separate legal entity as the applicant by 

the deadline date in this notice. 

The new deadline date is: 

Deadline for Transmittal of 

Applications: September 11, 2009. 

For information (other than the 

deadline for submission) about how to 

submit your application, please refer to 

section IV. 6. Other Submission 

Requirements in the May 14, 2009 

Federal Register notice (74 FR 22729). 

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: http://www.ed.gov/news/ 

fedregister. 

To use PDF you must have Adobe 

Acrobat Reader, which is available free 

at this site. If you have questions about 

using PDF, call the U.S. Government 

Printing Office (GPO), toll free, at 1– 

888–293–6498; or in the Washington, 

DC, area at (202) 512–1530. 

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: http://www.gpoaccess.gov/nara/ 

index.html. 

Delegation of Authority: The Secretary 

of Education has delegated authority to 

Andrew J. Pepin, Executive 

Administrator for the Office of Special 

Education and Rehabilitative Services, 

to perform the functions of the Assistant 

Secretary for Special Education and 

Rehabilitative Services. 

Dated: August 7, 2009. 

Andrew J. Pepin, 

Executive Administrator for Special 

Education and Rehabilitative Services. 

[FR Doc. E9–19333 Filed 8–11–09; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF ENERGY 

APOGEE Medical, LLC 

AGENCY: Department of Energy. 

ACTION: Notice of intent to grant 

exclusive patent license. 

SUMMARY: Notice is hereby given with 

an intent to grant to APOGEE Medical, 

LLC of Atlanta, Georgia, an exclusive 

license to practice the inventions 

described in U.S. Patent No. 5,413,596, 

entitled ‘‘Digital Electronic Bone 

Growth Stimulator.’’ The inventions are 

owned by the United States of America, 

as represented by the U.S. Department 

of Energy (DOE). 

DATES: Written comments or 

nonexclusive license applications are to 

be received at the address listed below 

no later than August 27, 2009. 

ADDRESSES: Office of the Assistant 

General Counsel for Technology 

Transfer and Intellectual Property, U.S. 

Department of Energy, 1000 

Independence Ave., SW., Washington, 

DC 20585. 

FOR FURTHER INFORMATION CONTACT: 

Annette R. Reimers, Office of the 

Assistant General Counsel for 

Technology Transfer and Intellectual 

Property, U.S. Department of Energy, 

Forrestal Building, Room 6F–067, 1000 

Independence Ave., SW., Washington, 

DC 20585; Telephone (202) 586–3815. 

SUPPLEMENTARY INFORMATION: 35 U.S.C. 

209 provides Federal agencies with 

authority to grant exclusive licenses in 

federally-owned inventions, if, among 

other things, the agency finds that the 

public will be served by the granting of 

the license. The statute requires that no 

exclusive license may be granted unless 

public notice of the intent to grant the 

license has been provided, and the 

agency has considered all comments 

received in response to that public 

notice before the end of the comment 

period. 

APOGEE Medical, LLC of Atlanta, 

Georgia has applied for an exclusive 

license to practice the inventions 

embodied in U.S. Patent No. 5,413,596 

and has plans for commercialization of 

the inventions. The exclusive license 

will be subject to a license and other 

rights retained by the U.S. Government 

and other terms and conditions to be 

negotiated. DOE intends to negotiate to 

grant the license, unless, within 15 days 

of this notice, the Assistant General 

Counsel for Technology Transfer and 

Intellectual Property, Department of 

Energy, Washington, DC 20585, receives 

in writing any of the following, together 

with supporting documents: 

(i) A statement from any person 

setting forth reason why it would not be 

in the best interests of the United States 

to grant the proposed license; or 

(ii) An application for a nonexclusive 

license to the invention in which 

applicant states that it already has 

brought the invention to practical 

application or is likely to bring the 

invention to practical application 

expeditiously. 

The Department will review all timely 

written responses to this notice and will 

proceed with negotiating the license if, 

after consideration of written responses 

to this notice, a finding is made that the 

license is in the public interest. 

Issued in Washington, DC, on August 6, 

2009. 

Paul A. Gottlieb, 

Assistant General Counsel for Technology 

Transfer and Intellectual Property. 

[FR Doc. E9–19298 Filed 8–11–09; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Docket No. CP09–451–000] 

Tennessee Gas Pipeline Company; 

Notice of Application 

August 5, 2009. 

Take notice that on July 31, 2009, 

Tennessee Gas Pipeline Company 

(Tennessee), 1001 Louisiana Street, 

Houston, Texas 77002, filed in Docket 

No. CP09–451–000, an application 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 74, No. 154 / Wednesday, August 12, 2009 / Notices 40577 

pursuant to Section 7(b) of the Natural 

Gas Act (NGA) and Part 157 of the 

Commission’s regulations, requesting 

authorization to abandon certain 

inactive supply pipelines, associated 

meters, and appurtenances located in 

the West Delta area in Federal offshore 

waters and in State waters in 

Plaquemines Parish, Louisiana, all as 

more fully set forth in the application 

which is on file with the Commission 

and open to public inspection. This 

filing may also be viewed on the 

Commission’s Web site at http:// 

www.ferc.gov using the ‘‘eLibrary’’ link. 

Enter the docket number, excluding the 

last three digits, in the docket number 

field to access the document. For 

assistance, call (866) 208–3676 or TTY, 

(202) 502–8659. 

Any questions regarding this 

application should be directed to Susan 

T. Halbach, Senior Counsel, Tennessee 

Gas Pipeline Company, 1001 Louisiana 

Street, Houston, Texas 77002, or by 

calling (713) 420–5751 (telephone) or 

(713) 420–1601 (fax), 

susan.halbach@elpaso.com, Kathy Cash, 

Principal Analyst, Rates and Regulatory 

Affairs, Tennessee Gas Pipeline 

Company, 1001 Louisiana Street, 

Houston, Texas 77002, or by calling 

(713) 420–3290 (telephone) or (713) 

420–1605 (fax), kathy.cash@elpaso.com, 

or to Thomas G. Joyce, Manager, 

Certificates, Tennessee Gas Pipeline 

Company, 1001 Louisiana Street, 

Houston, Texas 77002, or by calling 

(713) 420–3299 (telephone) or (713) 

420–1605 (fax), tom.joyce@elpaso.com. 

Pursuant to Section 157.9 of the 

Commission’s rules, 18 CFR 157.9, 

within 90 days of this Notice the 

Commission staff will either: complete 

its environmental assessment (EA) and 

place it into the Commission’s public 

record (eLibrary) for this proceeding, or 

issue a Notice of Schedule for 

Environmental Review. If a Notice of 

Schedule for Environmental Review is 

issued, it will indicate, among other 

milestones, the anticipated date for the 

Commission staff’s issuance of the final 

environmental impact statement (FEIS) 

or EA for this proposal. The filing of the 

EA in the Commission’s public record 

for this proceeding or the issuance of a 

Notice of Schedule for Environmental 

Review will serve to notify Federal and 

State agencies of the timing for the 

completion of all necessary reviews, and 

the subsequent need to complete all 

Federal authorizations within 90 days of 

the date of issuance of the Commission 

staff’s FEIS or EA. 

There are two ways to become 

involved in the Commission’s review of 

this project. First, any person wishing to 

obtain legal status by becoming a party 

to the proceedings for this project 

should, on or before the comment date 

stated below, file with the Federal 

Energy Regulatory Commission, 888 

First Street, NE., Washington, DC 20426, 

a motion to intervene in accordance 

with the requirements of the 

Commission’s Rules of Practice and 

Procedure (18 CFR 385.214 or 385.211) 

and the Regulations under the NGA (18 

CFR 157.10). A person obtaining party 

status will be placed on the service list 

maintained by the Secretary of the 

Commission and will receive copies of 

all documents filed by the applicant and 

by all other parties. A party must submit 

14 copies of filings made with the 

Commission and must mail a copy to 

the applicant and to every other party in 

the proceeding. Only parties to the 

proceeding can ask for court review of 

Commission orders in the proceeding. 

However, a person does not have to 

intervene in order to have comments 

considered. The second way to 

participate is by filing with the 

Secretary of the Commission, as soon as 

possible, an original and two copies of 

comments in support of or in opposition 

to this project. The Commission will 

consider these comments in 

determining the appropriate action to be 

taken, but the filing of a comment alone 

will not serve to make the filer a party 

to the proceeding. The Commission’s 

rules require that persons filing 

comments in opposition to the project 

provide copies of their protests only to 

the party or parties directly involved in 

the protest. 

Persons who wish to comment only 

on the environmental review of this 

project should submit an original and 

two copies of their comments to the 

Secretary of the Commission. 

Environmental commenters will be 

placed on the Commission’s 

environmental mailing list, will receive 

copies of the environmental documents, 

and will be notified of meetings 

associated with the Commission’s 

environmental review process. 

Environmental commenters will not be 

required to serve copies of filed 

documents on all other parties. 

However, the non-party commenters 

will not receive copies of all documents 

filed by other parties or issued by the 

Commission (except for the mailing of 

environmental documents issued by the 

Commission) and will not have the right 

to seek court review of the 

Commission’s final order. 

Motions to intervene, protests and 

comments may be filed electronically 

via the Internet in lieu of paper; see, 18 

CFR 385.2001(a)(1)(iii) and the 

instructions on the Commission’s Web 

site under the ‘‘e-Filing’’ link. The 

Commission strongly encourages 

electronic filings. 

Comment Date: August 26, 2009. 

Nathaniel J. Davis, Sr., 

Deputy Secretary. 

[FR Doc. E9–19268 Filed 8–11–09; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Project No. 2696–033] 

Albany Engineering Corporation; and 

Town of Stuyvesant; Notice of 

Application Tendered for Filing With 

the Commission and Soliciting 

Additional Study Requests 

DATES: August 5, 2009. 

Take notice that the following 

hydroelectric application has been filed 

with the Commission and is available 

for public inspection. 

a. Type of Application: New Major 

License. 

b. Project No.: P–2696–033. 

c. Date filed: July 31, 2009. 

d. Applicants: Albany Engineering 

Corporation and the Town of 

Stuyvesant. 

e. Name of Project: Stuyvesant Falls 

Hydroelectric Project. 

f. Location: The existing project is 

located on Kinderhook Creek (in the 

Hudson River drainage basin) in the 

town of Stuyvesant, Columbia County, 

New York. The project does not occupy 

any Federal lands. 

g. Filed Pursuant to: Federal Power 

Act 16 U.S.C. 791 (a)–825(r). 

h. Applicant Contact: Mr. James A. 

Besha, P.E., President, Albany 

Engineering Corporation, 5 Washington 

Square, Albany, New York 12205; (518) 

456–7712. 

i. FERC Contact: Carolyn Templeton 

at (202) 502–8785 or 

carolyn.templeton@ferc.gov. 

j. Cooperating agencies: Federal, 

State, local, and tribal agencies with 

jurisdiction and/or special expertise 

with respect to environmental issues 

that wish to cooperate in the 

preparation of the environmental 

document should follow the 

instructions for filing such requests 

described in item (l) below. Cooperating 

agencies should note the Commission’s 

policy that agencies that cooperate in 

the preparation of the environmental 

document cannot also intervene. See, 94 

FERC ¶ 61,076 (2001). 

k. Pursuant to section 4.32(b)(7) of 18 

CFR of the Commission’s regulations, if 

any resource agency, Indian Tribe, or 


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