Federal Register / Vol. 75, No. 123 / Monday, June 28, 2010 / Notices 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: http://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: http://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 

AGENCY: Office of Nuclear Energy, DOE. 

ACTION: Notice of open meeting. 

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. 


jlentini on DSKJ8SOYB1PROD with NOTICES
36648 Federal Register / Vol. 75, No. 123 / Monday, June 28, 2010 / Notices 

DATES:

Wednesday, July 14, 2010, 8 a.m.–5 p.m. 

p.d.t. 

Thursday, July 15, 2010, 8:30 a.m.–1 

p.m. p.d.t. 

ADDRESSES: Three Rivers Convention 

Center, 7016 W. Grandridge Blvd., 

Kennewick, WA 99336, 509–737–3700. 

FOR FURTHER INFORMATION CONTACT: 

Timothy A. Frazier, Designated Federal 

Officer, U.S. Department of Energy, 

1000 Independence Avenue, SW., 

Washington, DC 20585; telephone (202) 

586–4243 or facsimile (202) 586–0544; 

e-mail 

CommissionDFO@nuclear.energy.gov. 

Additional information may also be 

available at http://www.brc.gov. 

SUPPLEMENTARY INFORMATION: 

Background: The President directed 

that the Blue Ribbon Commission on 

America’s Nuclear Future (the 

Commission) be established to conduct 

a comprehensive review of policies for 

managing the back end of the nuclear 

fuel cycle. The Commission will 

provide advice and make 

recommendations on issues including 

alternatives for the storage, processing, 

and disposal of civilian and defense 

spent nuclear fuel and nuclear waste. 

The Commission held its second full 

Commission meeting on May 25 and 26, 

2010. The Commission is scheduled to 

submit a draft report to the Secretary of 

Energy by July 2011, and a final report 

by January 2012. 

Purpose of the Meeting: The meeting 

will provide the Commission with a 

range of local and regional perspectives 

from a wide variety of individuals and 

organizations. The tours will afford the 

Commissioners an opportunity to see 

first-hand a collection of facilities 

involved in the treatment, packaging 

and storage of used fuel and high-level 

wastes. 

Tentative Agenda: The meeting is 

expected to start at 8 a.m. on July 14 

with the Commissioners touring 

relevant areas of the Hanford Site. 

Presentations to the Commission are 

expected to begin at approximately 2 

p.m. at the Three Rivers Convention 

Center. The Commission will then hear 

presentations and statements from 

various stakeholder groups, and ask 

questions of the presenters, to provide 

additional information for Commission 

consideration. The meeting on July 15 is 

expected to start at 8:30 a.m. with 

additional presentations and statements, 

move to discussions by the 

Commissioners, and conclude with 

public statements. The meeting will end 

by 1 p.m. 

Public Participation: The meeting and 

the tour of the relevant areas of the 

Hanford Site are open to the public on 

a space-available basis. Those wishing 

to attend the tour with the 

Commissioners must register in advance 

at http://www.hanford.gov. Registration 

is on a ‘‘first-come, first-served’’ basis 

and is limited to 80 people. Registration 

will open on July 2 at 7 a.m. and close 

on July 9 at noon. 

Individuals and representatives of 

organizations who would like to offer 

comments and suggestions may do so at 

the end of the meeting on Thursday, 

July 15, 2010. Approximately 45 

minutes will be reserved for public 

comments. Time allotted per speaker 

will depend on the number who wish to 

speak but will not exceed 5 minutes. 

The Designated Federal Officer is 

empowered to conduct the meeting in a 

fashion that will facilitate the orderly 

conduct of business. Those wishing to 

speak should register to do so beginning 

at 8 a.m. on July 15, 2010 at the Three 

Rivers Convention Center. 

Those not able to attend the meeting 

or have insufficient time to address the 

committee are invited to send a written 

statement to Timothy A. Frazier, U.S. 

Department of Energy, 1000 

Independence Avenue, SW., 

Washington, DC 20585, e-mail to 

CommissionDFO@nuclear.energy.gov, or 

post comments on the Commission Web 

site at http://www.brc.gov. 

Additionally, the meeting will be 

available via live Webcast. The link will 

be available at http://www.brc.gov. 

Minutes: The minutes of the meeting 

will be available at http://www.brc.gov 

or by contacting Mr. Frazier. He may be 

reached at the postal address or e-mail 

address above. 

Issued in Washington, DC on June 22, 

2010. 

Rachel Samuel, 

Deputy Committee Management Officer. 

[FR Doc. 2010–15593 Filed 6–25–10; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Blue Ribbon Commission on 

America’s Nuclear Future, Reactor and 

Fuel Cycle Technologies 

Subcommittee 

AGENCY: Office of Nuclear Energy, DOE. 

ACTION: Notice of open meeting 

correction. 

On June 21, 2010, the Department of 

Energy published a notice announcing 

an open meeting of the Reactor and Fuel 

Cycle Technologies (RFCT) 

Subcommittee, 75 FR 35001. In that 

notice, the date of the meeting listed 

under DATES was Monday, July 13, 2010 

and is incorrect. The correct date is 

Monday, July 12, 2010. 

Also, in that notice under Public 

Participation it was indicated that the 

meeting will be available via live audio 

Webcast. The meeting is now planned to 

be live video Webcast. Additional 

information will be available regarding 

the live video Webcast via the 

Commission at http://www.brc.gov. 

Issued in Washington, DC on June 22, 

2010. 

Rachel Samuel, 

Deputy Committee Management Officer. 

[FR Doc. 2010–15596 Filed 6–25–10; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Blue Ribbon Commission on 

America’s Nuclear Future, Disposal 

Subcommittee 

AGENCY: Department of Energy, Office of 

Nuclear Energy. 

ACTION: Notice of open meeting 

correction. 

On June 21, 2010, the Department of 

Energy published a notice announcing 

an open meeting of the Disposal 

Subcommittee, 75 FR 35000, on July 7, 

2010. In that notice under Public 

Participation it was indicated that the 

meeting will be available via live audio 

Webcast. The meeting is now planned to 

be live video Webcast. Additional 

information will be available regarding 

the live video Webcast via the 

Commission Web site at http:// 

www.brc.gov. 

Issued in Washington, DC, on June 22, 

2010. 

Rachel Samuel, 

Deputy Committee Management Officer. 

[FR Doc. 2010–15624 Filed 6–25–10; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

Combined Notice of Filings #1 

June 18, 2010. 

Take notice that the Commission 

received the following electric rate 

filings: 

Docket Numbers: ER05–1482–006; 

ER06–442–001; ER08–1168–003; ER09– 

1505–004; ER94–1188–050; ER98–4540– 

019; ER99–1623–019. 

Applicants: Kentucky Utilities 

Company, LG&E Energy Marketing Inc., 

Louisville Gas & Electric Company, 

Electric Energy, Inc., Stony Creek Wind 


jlentini on DSKJ8SOYB1PROD with NOTICES