Federal Register / Vol. 74, No. 177 / Tuesday, September 15, 2009 / Notices 47249 

Background 

The Boston Felt Project was granted 

an exemption from licensing on August 

29, 1983 (24 FERC ¶ 62,240). The 

project stopped operations in May 2006, 

due to a breach of the project dam by 

high river flows. 

By letter of October 12, 2007, the 

Commission issued a letter to the 

exemptee directing it to file either a 

detailed plan and schedule to resume 

generation at the project, or a request to 

surrender the exemption. In response, 

the exemptee filed a plan and schedule 

on April 28, 2008. 

By letter of July 3, 2008, the 

Commission directed the exemptee to 

provide quarterly progress reports of the 

status of project repairs to include 

documentation of contracts issued, 

permits obtained, agreements made, 

etc., which were to be filed October 1, 

2008, January 1, 2009, April 1, 2009, 

July 1, 2009, and October 1, 2009, or 

until the project had resumed 

generation. In that letter, the exemptee 

was reminded that failure to provide 

progress reports showing adequate 

progress may subject it to further 

compliance action. 

By letter dated January 21, 2009, the 

FWS stated that, as a result of the 

Boston Felt Project being in a state of 

disrepair, the project was adversely 

impacting fish and wildlife resources of 

the Salmon Falls River and cited the 

need to implement fish passage 

measures, pursuant to the mandatory 

terms and conditions of the exemption. 

In its letter, the FWS further stated that 

it is in the public interest to revoke the 

project exemption and require removal 

of the remaining portion of the dam 

spillway. 

By letter of March 5, 2009, the 

Commission issued a letter to the 

exemptee requiring it to show cause 

why the Commission should not initiate 

proceedings to revoke its exemption for 

lack of adequate progress toward the 

resumption of generation at the project. 

In that letter, the Commission directed 

the exemptee to include documentation 

of contracts issued, permits obtained, 

agreements made, etc., to demonstrate 

adequate progress. In its response filed 

March 31, 2009, the exemptee stated 

that resumption of generation at the 

project may be beyond their available 

resources and further stated that, by 

August 1, 2009, it would provide the 

detailed information requested in the 

Commission’s March 5, 2009. 

To date, the information requested in 

the Commission’s March 5, 2009 letter, 

has not been filed and the project 

remains inoperative. 

l. Comments, Protests, or Motions to 

Intervene: Anyone may submit 

comments, a protest, or a motion to 

intervene in accordance with the 

requirements of Rules of Practice and 

Procedure, 18 CFR 385.210, .211, .214. 

In determining the appropriate action to 

take, the Commission will consider all 

protests or other comments filed, but 

only those who file a motion to 

intervene in accordance with the 

Commission’s Rules may become a 

party to the proceeding. Any comments, 

protests, or motions to intervene must 

be received on or before the specified 

comment date. 

m. Any filings must bear in all capital 

letters the title ‘‘COMMENTS’’, 

‘‘PROTEST’’, or ‘‘MOTION TO 

INTERVENE’’, as applicable, and the 

Project Number to which the filing 

refers. 

n. Agency Comments: Federal, State, 

and local agencies are invited to file 

comments on the described proceeding. 

If an agency does not file comments 

within the time specified for filing 

comments, it will be presumed to have 

no comments. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. E9–22101 Filed 9–14–09; 8:45 am] 

BILLING CODE 6717–01–P 

FARM CREDIT ADMINISTRATION 

Farm Credit Administration Board; 

Sunshine Act; Regular Meeting 

AGENCY: Farm Credit Administration. 

SUMMARY: Notice is hereby given, 

pursuant to the Government in the 

Sunshine Act (5 U.S.C. 552b(e)(3)), that 

the October 8, 2009 regular meeting of 

the Farm Credit Administration Board 

(Board) has been rescheduled. The 

regular meeting of the Board will be 

held Thursday, October 15, 2009 

starting at 9 a.m. An agenda for this 

meeting will be published at a later 

date. 

FOR FURTHER INFORMATION CONTACT: 

Roland E. Smith, Secretary to the Farm 

Credit Administration Board, (703) 883– 

4009, TTY (703) 883–4056. 

ADDRESSES: Farm Credit 

Administration, 1501 Farm Credit Drive, 

McLean, Virginia 22102–5090. 

Dated: September 11, 2009. 

Roland E. Smith, 

Secretary, Farm Credit Administration Board. 

[FR Doc. E9–22276 Filed 9–11–09; 4:15 pm] 

BILLING CODE 6705–01–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

[DA 09–1960] 

Notice of Debarment; Schools and 

Libraries Universal Service Support 

Mechanism 

AGENCY: Federal Communications 

Commission. 

ACTION: Notice. 

SUMMARY: The Enforcement Bureau (the 

‘‘Bureau’’) debars Mr. Douglas A. Benit 

from the schools and libraries universal 

service support mechanism (or ‘‘-Rate 

Program’’) for a period of three years 

based on his conviction of mail fraud in 

connection with his participation in the 

program. The Bureau takes this action to 

protect the E-Rate Program from waste, 

fraud and abuse. 

DATES: Debarment commences on the 

date Mr. Douglas A. Benit receives the 

debarment letter or September 15, 2009, 

whichever comes first, for a period of 

three years. 

FOR FURTHER INFORMATION CONTACT: 

Rebekah Bina, Federal Communications 

Commission, Enforcement Bureau, 

Investigations and Hearings Division, 

Room 4–C330, 445 12th Street, SW., 

Washington, DC 20554. Rebekah Bina 

may be contacted by phone at (202) 

418–7931 or e-mail at 

Rebekah.Bina@fcc.gov. If Ms. Bina is 

unavailable, you may contact Michele 

Berlove, Acting Assistant Division 

Chief, Investigations and Hearings 

Division, by telephone at (202) 418– 

1420 and by e-mail at 

michele.berlove@fcc.gov. 

SUPPLEMENTARY INFORMATION: The 

Bureau debarred Mr. Douglas A. Benit 

from the schools and libraries universal 

service support mechanism for a period 

of three years pursuant to 47 CFR 54.8 

and 47 CFR 0.111. Attached is the 

debarment letter, DA 09–1960, which 

was mailed to Mr. Douglas A. Benit and 

released on September 1, 2009. The 

complete text of the notice of debarment 

is available for public inspection and 

copying during regular business hours 

at the FCC Reference Information 

Center, Portal II, 445 12th Street, SW., 

Room CY–A257, Washington, DC 20554. 

In addition, the complete text is 

available on the FCC’s Web site at 

http://www.fcc.gov. The text may also be 

purchased from the Commission’s 

duplicating inspection and copying 

during regular business hours at the 

contractor, Best Copy and Printing, Inc., 

Portal II, 445 12th Street, SW., Room 

CY–B420, Washington, DC 20554, 

telephone (202) 488–5300 or (800) 378– 


sroberts on DSKD5P82C1PROD with NOTICES
47250 Federal Register / Vol. 74, No. 177 / Tuesday, September 15, 2009 / Notices 

3160, facsimile (202) 488–5563, or via email http://www.bcpiweb.com. 

Hillary S. DeNigro, 

Chief, Investigations and Hearings Division, 

Enforcement Bureau, Federal 

Communications Commission. 

September 1, 2009 

DA 09–1960 

VIA CERTIFIED MAIL RETURN 

RECEIPT REQUESTED 

AND E-MAIL (edwishnow@aol.com) 

AND FACSIMILE (248) 258–6007 

Mr. Douglas A. Benit 

c/o Edward C. Wishnow 

240 Daines 

Birmingham, MI 48009 

Re: Notice of Debarment, File No. EB– 

09–IH–0402 

Dear Mr. Benit: 

Pursuant to section 54.8 of the rules 

of the Federal Communications 

Commission (the ‘‘Commission’’), by 

this Notice of Debarment you are 

debarred from the schools and libraries 

universal service support mechanism 

(or ‘‘E-Rate program’’) for a period of 

three years. 

On June 17, 2009, the Enforcement 

Bureau (the ‘‘Bureau’’) sent you a Notice 

of Suspension and Initiation of 

Debarment Proceedings (the ‘‘Notice of 

Suspension’’). That Notice of 

Suspension was published in the 

Federal Register on July 6, 2009. The 

Notice of Suspension suspended you 

from participating in activities 

associated with or relating to the 

schools and libraries universal service 

support mechanism and described the 

basis for initiation of debarment 

proceedings against you, the applicable 

debarment procedures, and the effect of 

debarment. 

Pursuant to the Commission’s rules, 

any opposition to your suspension or its 

scope or to your proposed debarment or 

its scope had to be filed with the 

Commission no later than thirty (30) 

calendar days from the earlier date of 

your receipt of the Notice of Suspension 

or publication of the Notice of 

Suspension in the Federal Register. The 

Commission did not receive any such 

opposition. 

As discussed in the Notice of 

Suspension, the United States District 

Court for the Eastern District of 

Michigan sentenced you to serve fortysix months in prison following your 

guilty plea and conviction for the 

federal crime of mail fraud in 

connection with your role in a scheme 

to defraud the Ecorse Public Schools 

District (‘‘EPS’’) and the E-Rate program. 

While employed by EPS, you devised 

and participated in a fraudulent scheme 

to steer contracts to various companies 

that directly or indirectly benefited you 

and your companies, including 

contracts involving E-Rate funds. Such 

conduct constitutes the basis for your 

debarment, and your conviction falls 

within the categories of causes for 

debarment under section 54.8(c) of the 

Commission’s rules. For the foregoing 

reasons, you are hereby debarred for a 

period of three years from the 

debarment date, i.e., the earlier date of 

your receipt of this Notice of Debarment 

or its publication date in the Federal 

Register. Debarment excludes you, for 

the debarment period, from activities 

associated with or related to the schools 

and libraries support mechanism, 

including the receipt of funds or 

discounted services through the schools 

and libraries support mechanism, or 

consulting with, assisting, or advising 

applicants or service providers 

regarding the schools and libraries 

support mechanism. 

Sincerely, 

Hillary S. DeNigro 

Chief, Investigations and Hearings Division 

Enforcement Bureau 

cc: Taurus N. Ziedas, United States 

Attorney’s Office, Department of Justice (via 

e-mail) 

Kristy Carroll, Esq., Universal Service 

Administrative Company (via e-mail) 

Attachment 1 

June 17, 2009 

DA 09–1345 

VIA CERTIFIED MAIL RETURN 

RECEIPT REQUESTED 

AND E-MAIL (edwishnow@aol.com) 

AND FACSIMILE (248) 258–6007 

Mr. Douglas A. Benit 

c/o Edward C. Wishnow 

240 Daines 

Birmingham, MI 48009 

Re: Notice of Suspension and Initiation 

of Debarment Proceedings, File No. EB– 

09–IH–0402 

Dear Mr. Benit: 

The Federal Communications 

Commission (‘‘FCC’’ or ‘‘Commission’’) 

has received notice of your conviction 

of mail fraud, in violation of 18 U.S.C. 

§§ 2, 1341, and 1346 in connection with 

your participation in the schools and 

libraries universal service support 

mechanism (‘‘E-Rate program’’). 

Consequently, pursuant to 47 C.F.R. 

§ 54.8, this letter constitutes official 

notice of your suspension from the 

E-Rate program. In addition, the 

Enforcement Bureau (‘‘Bureau’’) hereby 

notifies you that we are commencing 

debarment proceedings against you. 

I. Notice of Suspension 

The Commission has established 

procedures to prevent persons who have 

‘‘defrauded the government or engaged 

in similar acts through activities 

associated with or related to the schools 

and libraries support mechanism’’ from 

receiving the benefits associated with 

that program. On November 24, 2008, 

you, Douglas A. Benit, plead guilty to 

mail fraud in connection with your 

participation in the E-Rate program. 

Specifically, you were employed as a 

school official in the Ecorse Public 

Schools District (‘‘EPS’’ or ‘‘District’’) 

from 1997 to 2003, serving first as the 

Director of Facility Development and 

subsequently as the Assistant 

Superintendent. While employed at 

EPS, you were also an owner, employee, 

agent or subcontractor of Coral 

Technology, Inc. (‘‘Coral’’). During your 

tenure at EPS, you were responsible for 

approving the construction of new 

facilities in the District using funds from 

several sources, including the E-Rate 

program. You admitted that while 

employed at EPS and while concealing 

your associations with Coral from EPS, 

you and others devised a scheme to 

defraud the District and the E-Rate 

program by steering contracts for EPS to 

various companies that directly or 

indirectly benefited you and your 

companies, primarily Coral. In 

furtherance of the scheme, you 

submitted to the Universal Service 

Administrative Company (‘‘USAC’’) 

documents supporting Coral’s 

application for federal E-Rate funding, 

while employed at EPS and within the 

scope of your official responsibilities. 

As a result of these contracts, which 

were paid in part from the E-Rate 

program, you and your company 

personally benefited from the fraudulent 

scheme by at least $2.276 million. 

On March 31, 2009, you were 

sentenced to serve forty-six months in 

federal prison, to be followed by thirtysix months of supervised release for 

your role in the scheme to defraud EPS 

and the E-Rate program. You were also 

ordered to pay $1.34 million in 

restitution for your role in the scheme. 

Pursuant to section 54.8(a)(4) of the 

Commission’s rules, your conviction 

requires the Bureau to suspend you 

from participating in any activities 

associated with or related to the schools 

and libraries fund mechanism, 

including the receipt of funds or 

discounted services through the schools 

and libraries fund mechanism, or 

consulting with, assisting, or advising 

applicants or service providers 

regarding the schools and libraries 

support mechanism. Your suspension 


sroberts on DSKD5P82C1PROD with NOTICES
Federal Register / Vol. 74, No. 177 / Tuesday, September 15, 2009 / Notices 47251 

becomes effective upon the earlier of 

your receipt of this letter or publication 

of notice in the Federal Register. 

Suspension is immediate pending the 

Bureau’s final debarment determination. 

In accordance with the Commission’s 

debarment rules, you may contest this 

suspension or the scope of this 

suspension by filing arguments in 

opposition to the suspension, with any 

relevant documentation. Your request 

must be received within 30 days after 

you receive this letter or after notice is 

published in the Federal Register, 

whichever comes first. Such requests, 

however, will not ordinarily be granted. 

The Bureau may reverse or limit the 

scope of suspension only upon a finding 

of extraordinary circumstances. Absent 

extraordinary circumstances, the Bureau 

will decide any request for reversal or 

modification of suspension within 90 

days of its receipt of such request. 

II. Initiation of Debarment Proceedings 

Your guilty plea to criminal conduct 

in connection with the E-Rate program, 

in addition to serving as a basis for 

immediate suspension from the 

program, also serves as a basis for the 

initiation of debarment proceedings 

against you. Your conviction falls 

within the categories of causes for 

debarment defined in section 54.8(c) of 

the Commission’s rules. Therefore, 

pursuant to section 54.8(a)(4) of the 

Commission’s rules, your conviction 

requires the Bureau to commence 

debarment proceedings against you. 

As with your suspension, you may 

contest debarment or the scope of the 

proposed debarment by filing arguments 

and any relevant documentation within 

30 calendar days of the earlier of the 

receipt of this letter or of publication in 

the Federal Register. Absent 

extraordinary circumstances, the Bureau 

will debar you. Within 90 days of 

receipt of any opposition to your 

suspension and proposed debarment, 

the Bureau, in the absence of 

extraordinary circumstances, will 

provide you with notice of its decision 

to debar. If the Bureau decides to debar 

you, its decision will become effective 

upon the earlier of your receipt of a 

debarment notice or publication of the 

decision in the Federal Register. 

If and when your debarment becomes 

effective, you will be prohibited from 

participating in activities associated 

with or related to the schools and 

libraries support mechanism for three 

years from the date of debarment. The 

Bureau may, if necessary to protect the 

public interest, extend the debarment 

period. 

Please direct any response, if by 

messenger or hand delivery, to Marlene 

H. Dortch, Secretary, Federal 

Communications Commission, 236 

Massachusetts Avenue, NE., Suite 110, 

Washington, DC 20002, to the attention 

of Rebekah Bina, Attorney Advisor, 

Investigations and Hearings Division, 

Enforcement Bureau, Room 4–C330, 

with a copy to Michele Berlove, Acting 

Assistant Chief, Investigations and 

Hearings Division, Enforcement Bureau, 

Room 4–C330, Federal Communications 

Commission. If sent by commercial 

overnight mail (other than U.S. Postal 

Service Express Mail and Priority Mail), 

the response should be sent to the 

Federal Communications Commission, 

9300 East Hampton Drive, Capitol 

Heights, Maryland 20743. If sent by 

first-class, Express, or Priority mail, the 

response should be sent to Rebekah 

Bina, Attorney Advisor, Investigations 

and Hearings Division, Enforcement 

Bureau, Federal Communications 

Commission, 445 12th Street, SW., 

Room 4–C330, Washington, DC, 20554, 

with a copy to Michele Berlove, Acting 

Assistant Chief, Investigations and 

Hearings Division, Enforcement Bureau, 

Federal Communications Commission, 

445 12th Street, SW., Room 4–C330, 

Washington, DC, 20554. You shall also 

transmit a copy of the response via 

email to Rebekah.Bina@fcc.gov and to 

Michele.Berlove@fcc.gov. 

If you have any questions, please 

contact Ms. Bina via mail, by telephone 

at (202) 418–7931 or by e-mail at 

Rebekah.Bina@fcc.gov. If Ms. Bina is 

unavailable, you may contact Ms. 

Michele Berlove, Acting Assistant Chief, 

Investigations and Hearings Division, by 

telephone at (202) 418–1477 and by email at Michele.Berlove@fcc.gov. 

Sincerely yours, 

Hillary S. DeNigro 

Chief, Investigations and Hearings Division 

Enforcement Bureau 

cc: Taurus N. Ziedas, United States 

Attorney’s Office, Department of Justice (via 

e-mail) 

Kristy Carroll, Esq., Universal Service 

Administrative Company (via e-mail) 

[FR Doc. E9–22029 Filed 9–14–09; 8:45 am] 

BILLING CODE 6712–01–P 

FEDERAL RESERVE SYSTEM 

Change in Bank Control Notices; 

Acquisition of Shares of Bank or Bank 

Holding Companies 

The notificants listed below have 

applied under the Change in Bank 

Control Act (12 U.S.C. 1817(j)) and 

§ 225.41 of the Board’s Regulation Y (12 

CFR 225.41) to acquire a bank or bank 

holding company. The factors that are 

considered in acting on the notices are 

set forth in paragraph 7 of the Act (12 

U.S.C. 1817(j)(7)). 

The notices are available for 

immediate inspection at the Federal 

Reserve Bank indicated. The notices 

also will be available for inspection at 

the office of the Board of Governors. 

Interested persons may express their 

views in writing to the Reserve Bank 

indicated for that notice or to the offices 

of the Board of Governors. Comments 

must be received not later than 

September 30, 2009. 

A. Federal Reserve Bank of Chicago 

(Colette A. Fried, Assistant Vice 

President) 230 South LaSalle Street, 

Chicago, Illinois 60690–1414: 

1. Douglas N. Neighbor, Kent M. 

Neighbor, and Gene R. Neighbor, 

individually to acquire, and the 

Neighbor Family which consists of Doug 

and Marva Neighbor, Marion, Iowa; 

Gene and Betty Jean Neighbor, 

Alburnett, Iowa; Kent and Irene 

Neighbor, Winthrop, Iowa; Sandra K. 

Waring, Walker, Iowa; Steven K. 

Neighbor; Scott M. Neighbor; Mark A. 

Neighbor, all of Center Point, Iowa; 

Eldon L. Neighbor, Central City, Iowa; 

Konnie I. Borrett, Marion, Iowa; 

Stephanie R. Neighbor, Cedar Rapids, 

Iowa; Brent B. Neighbor, Tijeras, New 

Mexico; Brad D. Neighbor, Espanola, 

New Mexico; Todd D. Neighbor, 

Marion, Iowa; Jason M. Neighbor, 

Alburnett, Iowa; and Michael G. 

Neighbor, Bettendorf, Iowa; as a group 

acting in concert, to retain voting shares 

of Neighbor Insurance Agency, Marion, 

Iowa, and thereby acquire, and or retain 

voting shares of Farmers State Bank, 

Marion, Iowa. 

Board of Governors of the Federal Reserve 

System, September 10, 2009. 

Robert deV. Frierson, 

Deputy Secretary of the Board. 

[FR Doc. E9–22143 Filed 9–14–09; 8:45 am] 

BILLING CODE 6210–01–S 

FEDERAL RESERVE SYSTEM 

Formations of, Acquisitions by, and 

Mergers of Bank Holding Companies 

The companies listed in this notice 

have applied to the Board for approval, 

pursuant to the Bank Holding Company 

Act of 1956 (12 U.S.C. 1841 et seq.) 

(BHC Act), Regulation Y (12 CFR Part 

225), and all other applicable statutes 

and regulations to become a bank 

holding company and/or to acquire the 

assets or the ownership of, control of, or 

the power to vote shares of a bank or 

bank holding company and all of the 

banks and nonbanking companies 

owned by the bank holding company, 

including the companies listed below. 


sroberts on DSKD5P82C1PROD with NOTICES