Federal Register / Vol. 75, No. 105 / Wednesday, June 2, 2010 / Notices 30795 

Substrate, Navy Case No. 82,672.//U.S. 

Patent No. 6,593,212: Method for 

Making Electro-Optical Devices Using a 

Hydrogen Ion Splitting Technique, Navy 

Case No. 79,639.//U.S. Patent No. 

7,358,152: Wafer Bonding of Thinned 

Electronic Materials and Circuits to 

High Performance Substrate, Navy Case 

No. 84,023.//U.S. Patent No. 7,535,100: 

Wafer Bonding of Thinned Electronic 

Materials and Circuits to High 

Performance Substrates, Navy Case No. 

84,023 and any continuations, 

divisionals or re-issues thereof.’’ 

DATES: Anyone wishing to object to the 

grant of this license must file written 

objections along with supporting 

evidence, if any, not later than June 17, 

2010. 

Dated: May 27, 2010. 

L.R. Almand, 

Office of the Judge Advocate General, U.S. 

Navy, Federal Register Liaison Officer. 

[FR Doc. 2010–13283 Filed 6–1–10; 8:45 am] 

BILLING CODE 3810–FF–P 

DEPARTMENT OF EDUCATION 

Office of Special Education and 

Rehabilitative Services; Overview 

Information; Technology and Media 

Services for Individuals With 

Disabilities—Television Access; Notice 

Inviting Applications for New Awards 

for Fiscal Year (FY) 2010 

Catalog of Federal Domestic Assistance 

(CFDA) Number: 84.327C. 

Dates: 

Applications Available: June 2, 2010. 

Deadline for Transmittal of 

Applications: July 19, 2010. 

Deadline for Intergovernmental 

Review: September 15, 2010. 

Full Text of Announcement 

I. Funding Opportunity Description 

Purpose of Program: The purposes of 

the Technology and Media Services for 

Individuals with Disabilities program 

are to: (1) Improve results for children 

with disabilities by promoting the 

development, demonstration, and use of 

technology; (2) support educational 

media services activities designed to be 

of educational value in the classroom 

setting to children with disabilities; and 

(3) provide support for captioning and 

video description that are appropriate 

for use in the classroom setting. 

Priority: In accordance with 34 CFR 

75.105(b)(2)(v), this priority is from 

allowable activities specified in the 

statute, or otherwise authorized in the 

statute (see sections 674(c) and 681(d) of 

the Individuals with Disabilities 

Education Act (IDEA)). 

Absolute Priority: For FY 2010 and 

any subsequent year in which we make 

awards from the list of unfunded 

applicants from this competition, this 

priority is an absolute priority. Under 34 

CFR 75.105(c)(3) we consider only 

applications that meet this priority. 

This priority is: 

Technology and Media Services for 

Individuals with Disabilities— 

Television Access 

Background 

The Federal Communications 

Commission (FCC) is responsible for 

implementing and monitoring 

compliance with the captioning 

requirements of the 

Telecommunications Act of 1996 (Act). 

Consistent with the Act, the FCC 

requires most television programs to be 

captioned, but provides for certain 

exemptions to this requirement. The 

FCC does not have similar requirements 

or exemptions in place for video 

description, which provides access to 

television programs for individuals with 

blindness or low vision. Therefore, only 

a limited number of television programs 

include video description. The 

following Web sites provide more 

information on captioning and video 

description: http://www.fcc.gov/cgb/ 

consumerfacts/closedcaption.html and 

http://www.fcc.gov/cgb/dro/videodescription.html. 

The Department has made awards for 

television access since 1995 in order to 

provide video description and 

captioning under the Technology and 

Media Services for Individuals with 

Disabilities program. The following Web 

site contains abstracts of previously 

funded projects: http:// 

publicddb.tadnet.org/. (Use the keyword 

search function with the term ‘‘video 

description.’’) Despite these efforts, not 

all television programs that are 

appropriate for use in the classroom 

setting for children with disabilities are 

being video described or captioned. 

Priority: The purpose of this absolute 

priority for Television Access is to fund 

cooperative agreements that will 

improve the learning opportunities for 

children with disabilities by providing 

access to television programming 

through video description and 

captioning. This project will support 

access—through video description and 

captioning—to widely available 

television programs that are appropriate 

for use in the classroom setting and are 

not otherwise required to be captioned 

by the FCC. 

To be considered for funding under 

this absolute priority, applicants must 

meet the application requirements 

contained in the priority. All projects 

funded under the absolute priority also 

must meet the programmatic and 

administrative requirements specified in 

the priority. 

Application Requirements. To meet 

the requirements of this priority, the 

applicant, at a minimum, must— 

(a) Include in the application, the 

criteria the applicant will use to select 

television programs of high educational 

value that are widely available and are 

appropriate for use in the classroom 

setting for children with disabilities at 

the preschool, elementary, or secondary 

level. The application must also discuss 

how, in selecting the programming to be 

video described, or video described and 

captioned, the applicant will take into 

account the preferences of educators, 

students with disabilities, and the 

parents of these students; 

(b) Identify, in the application, the 

extent to which the programming 

selected for video description or video 

description and captioning is widely 

available; 

(c) Identify, in the application, the 

total number of program hours proposed 

to be made accessible through video 

description, or video description and 

captioning under the project. 

(d) Specify, in the application, the 

cost per hour for video description and, 

if the applicant is proposing both video 

description and captioning, the cost per 

hour for video description and for 

captioning; 

(e) For each program to be video 

described or video described and 

captioned, identify, in the application, 

the source of any private or other public 

support, and the projected dollar 

amount of that support, if any; 

(f) Provide evidence, in the 

application, of the willingness of 

potential program providers or program 

owners, as appropriate, to permit and 

facilitate the video description or the 

video description and captioning of 

their programs; 

(g) Provide, in the application, 

assurances from potential program 

providers or program owners, as 

appropriate, stating that, after their 

programming is video described or 

video described and captioned, the 

program providers or program owners, 

as appropriate, will require that the 

programming made accessible under 

this project will continue to contain 

those video descriptions or video 

descriptions and captions; 

(h) Identify, in the application, the 

anticipated shelf-life and range of 

distribution of the programming that it 

proposes to video describe or video 

describe and caption under this project, 

without further costs to the project; 


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(i) If the applicant is proposing both 

video description and captioning, 

provide, in the application, assurances 

from potential program providers or 

program owners, as appropriate, stating 

that programming captioned under this 

project would not otherwise be 

captioned to meet the FCC’s captioning 

requirements, or are specifically exempt 

from the FCC’s captioning requirements; 

and 

(j) Budget for the project director to 

attend an annual three-day Project 

Directors’ meeting in Washington, DC, 

and another annual two-day trip to 

Washington, DC to collaborate with the 

Federal project officer and the other 

projects funded under this priority to 

share information, and to discuss 

findings and methods of dissemination. 

Programmatic and Administrative 

Requirements. In addition, projects 

must— 

(a) Establish a diverse consumer 

advisory group that includes 

individuals with vision or hearing loss, 

parents of children with disabilities, 

educators, and individuals from underrepresented groups. This group must 

convene at least annually for the 

purpose of certifying that each program 

to be video described or video described 

and captioned with project funds is of 

high educational value and is 

appropriate for use in a preschool, 

elementary, or secondary level 

classroom for children with disabilities, 

taking into account the educational 

needs, including the intellectual, 

cognitive, social and emotional needs, 

of children; 

(b) Implement procedures for 

monitoring the extent to which the 

quality of the captions and video 

descriptions developed under this 

project increase the availability and 

usefulness of the television program for 

children with disabilities, and use this 

information to make refinements in 

project operations; and 

(c) If the project maintains a Web site, 

include relevant information and 

documents in a format that meets a 

government or industry-recognized 

standard for accessibility. 

Waiver of Proposed Rulemaking: 

Under the Administrative Procedure Act 

(APA) (5 U.S.C. 553) the Department 

generally offers interested parties the 

opportunity to comment on proposed 

priorities and requirements. Section 

681(d) of IDEA, however, makes the 

public comment requirements of the 

APA inapplicable to the priority in this 

notice. 

Program Authority: 20 U.S.C. 1474 

and 1481(d). 

Applicable Regulations: The 

Education Department General 

Administrative Regulations (EDGAR) in 

34 CFR parts 74, 75, 77, 79, 80, 81, 82, 

84, 85, 86, 97, 98, and 99. 

Note: The regulations in 34 CFR part 79 

apply to all applicants except federally 

recognized Indian tribes. 

Note: The regulations in 34 CFR part 86 

apply to institutions of higher education 

(IHEs) only. 

II. Award Information 

Type of Award: Discretionary grants. 

Estimated Available Funds: 

$2,500,000. 

Estimated Range of Awards: 

$400,000–$500,000. 

Estimated Average Size of Awards: 

$450,000. 

Maximum Award: We will reject any 

application that proposes a budget 

exceeding $500,000 for a single budget 

period of 12 months. The Assistant 

Secretary for Special Education and 

Rehabilitative Services may change the 

maximum amount through a notice 

published in the Federal Register. 

Estimated Number of Awards: 5. 

Note: The Department is not bound by any 

estimates in this notice. 

Project Period: Up to 60 months. 

III. Eligibility Information 

1. Eligible Applicants: State 

educational agencies (SEAs); local 

educational agencies (LEAs); public 

charter schools that are LEAs under 

State law; IHEs; other public agencies; 

private nonprofit organizations; outlying 

areas; freely associated States; Indian 

tribes or tribal organizations; and forprofit organizations. 

2. Cost Sharing or Matching: This 

competition does not require cost 

sharing or matching. 

3. Other: General Requirements—(a) 

The projects funded under this 

competition must make positive efforts 

to employ and advance in employment 

qualified individuals with disabilities 

(see section 606 of IDEA). 

(b) Applicants and grant recipients 

funded under this competition must 

involve individuals with disabilities or 

parents of individuals with disabilities 

ages birth through 26 in planning, 

implementing, and evaluating the 

projects (see section 682(a)(1)(A) of 

IDEA). 

IV. Application and Submission 

Information 

1. Address to Request Application 

Package: Education Publications Center 

(ED Pubs), U.S. Department of 

Education, P.O. Box 22207, Alexandria, 

VA 22304. Telephone, toll free: 1–877– 

433–7827. FAX: (703) 605–6794. If you 

use a telecommunications device for the 

deaf (TDD), call, toll free: 1–877–576– 

7734. 

You can contact ED Pubs at its Web 

site, also: http://www.EDPubs.gov or at 

its e-mail address: edpubs@inet.ed.gov. 

If you request an application package 

from ED Pubs, be sure to identify this 

competition as follows: CFDA number 

84.327C. 

Individuals with disabilities can 

obtain a copy of the application package 

in an accessible format (e.g., braille, 

large print, audiotape, or computer 

diskette) by contacting the person or 

team listed under Accessible Format in 

section VIII of this notice. 

2. Content and Form of Application 

Submission: Requirements concerning 

the content of an application, together 

with the forms you must submit, are in 

the application package for this 

competition. 

Page Limit: The application narrative 

(Part III of the application) is where you, 

the applicant, address the selection 

criteria that reviewers use to evaluate 

your application. You must limit Part III 

to the equivalent of no more than 50 

pages, using the following standards: 

• A ‘‘page’’ is 8.5′′ x 11′′, on one side 

only, with 1′′ margins at the top, bottom, 

and both sides. 

• Double space (no more than three 

lines per vertical inch) all text in the 

application narrative, including titles, 

headings, footnotes, quotations, 

references, and captions, as well as all 

text in charts, tables, figures, and 

graphs. 

• Use a font that is either 12 point or 

larger or no smaller than 10 pitch 

(characters per inch). 

• Use one of the following fonts: 

Times New Roman, Courier, Courier 

New, or Arial. An application submitted 

in any other font (including Times 

Roman or Arial Narrow) will not be 

accepted.] [Please include the bracketed 

language or similar language only if it is 

accurate.] 

The page limit does not apply to Part 

I, the cover sheet; Part II, the budget 

section, including the narrative budget 

justification; Part IV, the assurances and 

certifications; or the one-page abstract, 

the re ́sume ́s, the bibliography, the 

references, or the letters of support. 

However, the page limit does apply to 

all of the application narrative section 

(Part III). 

We will reject your application if you 

exceed the page limit; or if you apply 

other standards and exceed the 

equivalent of the page limit. 

3. Submission Dates and Times: 

Applications Available: June 2, 2010. 

Deadline for Transmittal of 

Applications: July 19, 2010. 


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Applications for grants under this 

competition may be submitted 

electronically using the Electronic Grant 

Application System (e-Application) 

accessible through the Department’s eGrants site, or in paper format by mail 

or hand delivery. For information 

(including dates and times) about how 

to submit your application 

electronically, or in paper format by 

mail or hand delivery, please refer to 

section IV. 7. Other Submission 

Requirements of this notice. 

We do not consider an application 

that does not comply with the deadline 

requirements. 

Individuals with disabilities who 

need an accommodation or auxiliary aid 

in connection with the application 

process should contact the person listed 

under FOR FURTHER INFORMATION

CONTACT in section VII of this notice. If 

the Department provides an 

accommodation or auxiliary aid to an 

individual with a disability in 

connection with the application 

process, the individual’s application 

remains subject to all other 

requirements and limitations in this 

notice. 

Deadline for Intergovernmental 

Review: September 15, 2010. 

4. Intergovernmental Review: This 

program is subject to Executive Order 

12372 and the regulations in 34 CFR 

part 79. Information about 

Intergovernmental Review of Federal 

Programs under Executive Order 12372 

is in the application package for this 

competition. 

5. Funding Restrictions: We reference 

regulations outlining funding 

restrictions in the Applicable 

Regulations section of this notice. 

6. Data Universal Numbering System 

Number, Taxpayer Identification 

Number, and Central Contractor 

Registry: To do business with the 

Department of Education (1) you must 

have a Data Universal Numbering 

System (DUNS) number and a Taxpayer 

Identification Number (TIN); (2) you 

must register both of those numbers 

with the Central Contractor Registry 

(CCR), the Government’s primary 

registrant database; and (3) you must 

provide those same numbers on your 

application. 

You can obtain a DUNS number from 

Dun and Bradstreet. A DUNS number 

can be created within one business day. 

If you are a corporate entity, agency, 

institution, or organization, you can 

obtain a TIN from the Internal Revenue 

Service. If you are an individual, you 

can obtain a TIN from the Internal 

Revenue Service or the Social Security 

Administration. If you need a new TIN, 

please allow 2–5 weeks for your TIN to 

become active. 

The CCR registration process may take 

five or more business days to complete. 

If you are currently registered with the 

CCR, you may not need to make any 

changes. However, please make certain 

that the TIN associated with your DUNS 

number is correct. Also note that you 

will need to update your CCR 

registration on an annual basis. This 

may take three or more business days to 

complete. 

7. Other Submission Requirements: 

Applications for grants under this 

competition may be submitted 

electronically or in paper format by mail 

or hand delivery. 

a. Electronic Submission of 

Applications. 

If you choose to submit your 

application to us electronically, you 

must use e-Application, accessible 

through the Department’s e-Grants Web 

site at: http://e-grants.ed.gov. 

While completing your electronic 

application, you will be entering data 

online that will be saved into a 

database. You may not e-mail an 

electronic copy of a grant application to 

us. 

Please note the following: 

• Your participation in e-Application 

is voluntary. 

• You must complete the electronic 

submission of your grant application by 

4:30 p.m., Washington, DC time, on the 

application deadline date. EApplication will not accept an 

application for this competition after 

4:30 p.m., Washington, DC time, on the 

application deadline date. Therefore, we 

strongly recommend that you do not 

wait until the application deadline date 

to begin the application process. 

• The hours of operation of the eGrants Web site are 6:00 a.m. Monday 

until 7:00 p.m. Wednesday; and 6:00 

a.m. Thursday until 8:00 p.m. Sunday, 

Washington, DC time. Please note that, 

because of maintenance, the system is 

unavailable between 8:00 p.m. on 

Sundays and 6:00 a.m. on Mondays, and 

between 7:00 p.m. on Wednesdays and 

6:00 a.m. on Thursdays, Washington, 

DC time. Any modifications to these 

hours are posted on the e-Grants Web 

site. 

• You will not receive additional 

point value because you submit your 

application in electronic format, nor 

will we penalize you if you submit your 

application in paper format. 

• You must submit all documents 

electronically, including all information 

you typically provide on the following 

forms: The Application for Federal 

Assistance (SF 424), the Department of 

Education Supplemental Information for 

SF 424, Budget Information—NonConstruction Programs (ED 524), and all 

necessary assurances and certifications. 

You must attach any narrative sections 

of your application as files in a .DOC 

(document), .RTF (rich text), or .PDF 

(Portable Document) format. If you 

upload a file type other than the three 

file types specified in this paragraph or 

submit a password protected file, we 

will not review that material. 

• Your electronic application must 

comply with any page limit 

requirements described in this notice. 

• Prior to submitting your electronic 

application, you may wish to print a 

copy of it for your records. 

• After you electronically submit 

your application, you will receive an 

automatic acknowledgment that will 

include a PR/Award number (an 

identifying number unique to your 

application). 

• Within three working days after 

submitting your electronic application, 

fax a signed copy of the SF 424 to the 

Application Control Center after 

following these steps: 

(1) Print SF 424 from e-Application. 

(2) The applicant’s Authorizing 

Representative must sign this form. 

(3) Place the PR/Award number in the 

upper right hand corner of the hardcopy signature page of the SF 424. 

(4) Fax the signed SF 424 to the 

Application Control Center at (202) 

245–6272. 

• We may request that you provide us 

original signatures on other forms at a 

later date. 

Application Deadline Date Extension 

in Case of System Unavailability: If you 

are prevented from electronically 

submitting your application on the 

application deadline date because eApplication is unavailable, we will 

grant you an extension of one business 

day to enable you to transmit your 

application electronically, by mail, or by 

hand delivery. We will grant this 

extension if— 

(1) You are a registered user of eApplication and you have initiated an 

electronic application for this 

competition; and 

(2) (a) E-Application is unavailable for 

60 minutes or more between the hours 

of 8:30 a.m. and 3:30 p.m., Washington, 

DC time, on the application deadline 

date; or 

(b) E-Application is unavailable for 

any period of time between 3:30 p.m. 

and 4:30 p.m., Washington, DC time, on 

the application deadline date. 

We must acknowledge and confirm 

these periods of unavailability before 

granting you an extension. To request 

this extension or to confirm our 

acknowledgment of any system 


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unavailability, you may contact either 

(1) the person listed elsewhere in this 

notice under FOR FURTHER INFORMATION

CONTACT (see VII. Agency Contact) or (2) 

the e-Grants help desk at 1–888–336– 

8930. If e-Application is unavailable 

due to technical problems with the 

system and, therefore, the application 

deadline is extended, an e-mail will be 

sent to all registered users who have 

initiated an e-Application. 

Extensions referred to in this section 

apply only to the unavailability of eApplication. If e-Application is 

available, and, for any reason, you are 

unable to submit your application 

electronically or you do not receive an 

automatic acknowledgment of your 

submission, you may submit your 

application in paper format by mail or 

hand delivery in accordance with the 

instructions in this notice. 

b. Submission of Paper Applications 

by Mail. 

If you submit your application in 

paper format by mail (through the U.S. 

Postal Service or a commercial carrier), 

you must mail the original and two 

copies of your application, on or before 

the application deadline date, to the 

Department at the following address: 

U.S. Department of Education, 

Application Control Center, Attention: 

(CFDA Number 84.327C) LBJ Basement 

Level 1, 400 Maryland Avenue, SW., 

Washington, DC 20202–4260. 

You must show proof of mailing 

consisting of one of the following: 

(1) A legibly dated U.S. Postal Service 

postmark. 

(2) A legible mail receipt with the 

date of mailing stamped by the U.S. 

Postal Service. 

(3) A dated shipping label, invoice, or 

receipt from a commercial carrier. 

(4) Any other proof of mailing 

acceptable to the Secretary of the U.S. 

Department of Education. 

If you mail your application through 

the U.S. Postal Service, we do not 

accept either of the following as proof 

of mailing: 

(1) A private metered postmark. 

(2) A mail receipt that is not dated by 

the U.S. Postal Service. 

If your application is postmarked after 

the application deadline date, we will 

not consider your application. 

Note: The U.S. Postal Service does not 

uniformly provide a dated postmark. Before 

relying on this method, you should check 

with your local post office. 

c. Submission of Paper Applications 

by Hand Delivery. 

If you submit your application in 

paper format by hand delivery, you (or 

a courier service) must deliver the 

original and two copies of your 

application by hand, on or before the 

application deadline date, to the 

Department at the following address: 

U.S. Department of Education, 

Application Control Center, Attention: 

(CFDA Number 84.327C) 550 12th 

Street, SW., Room 7041, Potomac Center 

Plaza, Washington, DC 20202–4260. 

The Application Control Center 

accepts hand deliveries daily between 

8:00 a.m. and 4:30 p.m., Washington, 

DC time, except Saturdays, Sundays, 

and Federal holidays. 

Note for Mail or Hand Delivery of Paper 

Applications: If you mail or hand deliver 

your application to the Department— 

(1) You must indicate on the envelope 

and—if not provided by the Department—in 

Item 11 of the SF 424 the CFDA number, 

including suffix letter, if any, of the 

competition under which you are submitting 

your application; and 

(2) The Application Control Center will 

mail to you a notification of receipt of your 

grant application. If you do not receive this 

grant notification within 15 business days 

from the application deadline date, you 

should call the U.S. Department of Education 

Application Control Center at (202) 245– 

6288. 

V. Application Review Information 

1. Selection Criteria: The selection 

criteria for this program are from 34 CFR 

75.210 and are listed in the application 

package. 

2. Review and Selection Process: In 

the past, the Department has had 

difficulty finding peer reviewers for 

certain competitions, because so many 

individuals who are eligible to serve as 

peer reviewers have conflicts of interest. 

The Standing Panel requirements under 

IDEA also have placed additional 

constraints on the availability of 

reviewers. Therefore, the Department 

has determined that, for some 

discretionary grant competitions, 

applications may be separated into two 

or more groups and ranked and selected 

for funding within specific groups. This 

procedure will make it easier for the 

Department to find peer reviewers, by 

ensuring that greater numbers of 

individuals who are eligible to serve as 

reviewers for any particular group of 

applicants will not have conflicts of 

interest. It also will increase the quality, 

independence, and fairness of the 

review process, while permitting panel 

members to review applications under 

discretionary grant competitions for 

which they also have submitted 

applications. However, if the 

Department decides to select an equal 

number of applications in each group 

for funding, this may result in different 

cut-off points for fundable applications 

in each group. 

VI. Award Administration Information 

1. Award Notices: If your application 

is successful, we notify your U.S. 

Representative and U.S. Senators and 

send you a Grant Award Notification 

(GAN). We may notify you informally, 

also. 

If your application is not evaluated or 

not selected for funding, we notify you. 

2. Administrative and National Policy 

Requirements: We identify 

administrative and national policy 

requirements in the application package 

and reference these and other 

requirements in the Applicable 

Regulations section of this notice. 

We reference the regulations outlining 

the terms and conditions of an award in 

the Applicable Regulations section of 

this notice and include these and other 

specific conditions in the GAN. The 

GAN also incorporates your approved 

application as part of your binding 

commitments under the grant. 

3. Reporting: At the end of your 

project period, you must submit a final 

performance report, including financial 

information, as directed by the 

Secretary. If you receive a multi-year 

award, you must submit an annual 

performance report that provides the 

most current performance and financial 

expenditure information as directed by 

the Secretary under 34 CFR 75.118. The 

Secretary may also require more 

frequent performance reports under 34 

CFR 75.720(c). For specific 

requirements on reporting, please go to 

http://www.ed.gov/fund/grant/apply/ 

appforms/appforms.html. 

4. Performance Measures: Under the 

Government Performance and Results 

Act of 1993 (GPRA), the Department has 

established a set of performance 

measures, including long-term 

measures, that are designed to yield 

information on various aspects of the 

effectiveness and quality of the 

Technology and Media Services for 

Individuals with Disabilities program. 

These measures focus on the extent to 

which projects are of high quality, are 

relevant to improving outcomes of 

children with disabilities, and 

contribute to improving outcomes for 

children with disabilities. We will 

collect data on these measures from the 

projects funded under this competition. 

Grantees will be required to report 

information on their projects’ 

performance in their annual 

performance reports to the Department 

(34 CFR 75.590). 

VII. Agency Contact 

FOR FURTHER INFORMATION CONTACT: Jo 

Ann McCann, U.S. Department of 

Education, 400 Maryland Avenue, SW., 


sroberts on DSKD5P82C1PROD with NOTICES
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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: 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. 

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 

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: 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 


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