35860 Federal Register / Vol. 74, No. 138 / Tuesday, July 21, 2009 / Notices 

notice in the Federal Register. The 

effect of each type of priority follows: 

Absolute priority: Under an absolute 

priority, we consider only applications 

that meet the priority (34 CFR 

75.105(c)(3)). 

Competitive preference priority: 

Under a competitive preference priority, 

we give competitive preference to an 

application by (1) awarding additional 

points, depending on the extent to 

which the application meets the priority 

(34 CFR 75.105(c)(2)(i)); or (2) selecting 

an application that meets the priority 

over an application of comparable merit 

that does not meet the priority (34 CFR 

75.105(c)(2)(ii)). 

Invitational priority: Under an 

invitational priority, we are particularly 

interested in applications that meet the 

priority. However, we do not give an 

application that meets the priority a 

preference over other applications (34 

CFR 75.105(c)(1)). 

This notice does not preclude us from 

proposing additional priorities, 

requirements, definitions, or selection 

criteria, subject to meeting applicable 

rulemaking requirements. 

Note: This notice does not solicit 

applications. In any year in which we choose 

to use these priorities, we invite applications 

through a notice in the Federal Register. 

Executive Order 12866: This notice 

has been reviewed in accordance with 

Executive Order 12866. Under the terms 

of the order, we have assessed the 

potential costs and benefits of this final 

regulatory action. 

The potential costs associated with 

this final regulatory action are those 

resulting from statutory requirements 

and those we have determined as 

necessary for administering this 

program effectively and efficiently. 

In assessing the potential costs and 

benefits—both quantitative and 

qualitative—of this final regulatory 

action, we have determined that the 

benefits of the final priorities justify the 

costs. 

We have determined, also, that this 

final regulatory action does not unduly 

interfere with State, local, and tribal 

governments in the exercise of their 

governmental functions. 

Summary of potential costs and 

benefits: 

The benefits of the RRTC program 

have been well-established over the 

years in that other RRTC projects have 

been completed successfully. The 

priorities announced in this notice will 

generate new knowledge through 

research and development activities. 

Another benefit of these final 

priorities is that establishing new 

RRTCs will improve the lives of 

individuals with disabilities. These new 

RRTCs will generate, disseminate, and 

promote the use of new information that 

will improve the options for individuals 

with disabilities to achieve improved 

education, employment, and 

independent living outcomes. 

Accessible Format: Individuals with 

disabilities can obtain this document 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. 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: July 15, 2009. 

Andrew J. Pepin, 

Executive Administrator for Special 

Education and Rehabilitative Services. 

[FR Doc. E9–17233 Filed 7–20–09; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF ENERGY 

[Case No. CAC–015] 

Energy Conservation Program for 

Consumer Products: Notice of 

Modification of Petition for Waiver and 

Interim Waiver of Mitsubishi Electric 

From the Department of Energy 

Commercial Package Water-Source 

Heat Pump Test Procedure, and 

Modification of Interim Waiver 

AGENCY: Office of Energy Efficiency and 

Renewable Energy, Department of 

Energy. 

ACTION: Notice of modification of 

interim waiver; request for comments. 

SUMMARY: Today’s notice announces 

receipt of and publishes a revised list of 

model numbers for which Mitsubishi 

Electric & Electronics USA, Inc. 

(‘‘Mitsubishi’’) received an interim 

waiver of the test procedures applicable 

to commercial package water-source 

heat pumps. In addition, Mitsubishi has 

proposed that the definition of ‘‘tested 

combination,’’ used in the alternate test 

procedure, be refined based upon the 

AHRI Draft Standard 1230. Through this 

document, DOE is soliciting comments 

with respect to the Mitsubishi Petition. 

DATES: DOE will accept comments, data, 

and information with respect to the 

Mitsubishi Petition until, but no later 

than August 20, 2009. 

ADDRESSES: You may submit comments, 

identified by case number ‘‘CAC–015,’’ 

by any of the following methods: 

• Federal eRulemaking Portal: http:// 

www.regulations.gov. Follow the 

instructions for submitting comments. 

• E-mail: 

AS_Waiver_Requests@ee.doe.gov. 

Include either the case number [CAC– 

015], and/or ‘‘Mitsubishi Petition’’ in 

the subject line of the message. 

• Mail: Ms. Brenda Edwards, U.S. 

Department of Energy, Building 

Technologies Program, Mailstop EE–2J/ 

1000 Independence Avenue, SW., 

Washington, DC 20585–0121. 

Telephone: (202) 586–2945. Please 

submit one signed original paper copy. 

• Hand Delivery/Courier: Ms. Brenda 

Edwards, U.S. Department of Energy, 

Building Technologies Program, 950 

L’Enfant Plaza SW., Suite 600, 

Washington, DC 20024. Please submit 

one signed original paper copy. 

Instructions: All submissions received 

must include the agency name and case 

number for this proceeding. Submit 

electronic comments in WordPerfect, 

Microsoft Word, Portable Document 

Format (PDF), or text (American 

Standard Code for Information 

Interchange (ASCII)) file format and 


jlentini on DSKJ8SOYB1PROD with NOTICES
Federal Register / Vol. 74, No. 138 / Tuesday, July 21, 2009 / Notices 35861 

avoid the use of special characters or 

any form of encryption. Wherever 

possible, include the electronic 

signature of the author. DOE does not 

accept telefacsimiles (faxes). 

Any person submitting written 

comments must also send a copy of 

such comments to the petitioner, 

pursuant to 10 CFR 431.401(d). The 

contact information for the petitioner is: 

Mr. William Rau, Senior Vice President 

and General Manager, HVAC Advanced 

Products Division, Mitsubishi Electric & 

Electronics USA, Inc., 4300 

Lawrenceville-Suwanee Road, Suwanee, 

GA 30024. 

According to 10 CFR 1004.11, any 

person submitting information that he 

or she believes to be confidential and 

exempt by law from public disclosure 

should submit two copies to DOE: one 

copy of the document including all the 

information believed to be confidential, 

and one copy of the document with the 

information believed to be confidential 

deleted. DOE will make its own 

determination about the confidential 

status of the information and treat it 

according to its determination. 

Docket: For access to the docket to 

review the background documents 

relevant to this matter, you may visit the 

U.S. Department of Energy, 950 L’Enfant 

Plaza SW., (Resource Room of the 

Building Technologies Program), 

Washington, DC 20024; (202) 586–2945, 

between 9 a.m. and 4 p.m., Monday 

through Friday, except Federal holidays. 

Available documents include the 

following items: (1) This notice; (2) 

public comments received; (3) the 

Petition for Waiver and Application for 

Interim Waiver; and (4) prior DOE 

rulemakings regarding similar central 

air conditioning and heat pump 

equipment. Please call Ms. Brenda 

Edwards at the above telephone number 

for additional information regarding 

visiting the Resource Room. 

FOR FURTHER INFORMATION CONTACT: Dr. 

Michael G. Raymond, U.S. Department 

of Energy, Building Technologies 

Program, Mail Stop EE–2J, Forrestal 

Building, 1000 Independence Avenue, 

SW., Washington, DC 20585–0121. 

Telephone: (202) 586–9611. E-mail: 

Michael.Raymond@ee.doe.gov. 

Ms. Francine Pinto or Mr. Michael 

Kido, U.S. Department of Energy, Office 

of the General Counsel, Mail Stop GC– 

72, Forrestal Building, 1000 

Independence Avenue, SW., 

Washington, DC 20585–0103. 

Telephone: (202) 586–9507. E-mail: 

Francine.Pinto@hq.doe.gov or 

Michael.Kido@hq.doe.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

II. Modified Petition for Waiver of Test 

Procedure and Application for Interim 

Waiver 

III. Alternate Test Procedure 

IV. Discussion 

I. Background 

On October 30, 2006, Mitsubishi 

submitted a Petition for Waiver and an 

Application for Interim Waiver from the 

test procedures applicable to its watersource WR2 and WY series models from 

its CITY MULTI VRFZ line of 

commercial package heat pump 

equipment. On April 9, 2007, DOE 

published Mitsubishi’s Petition for 

Waiver for commercial package watersource heat pumps in the Federal 

Register. 72 FR 17533 (April 9, 2007). In 

the April 9, 2007 notice, DOE granted 

Mitsubishi’s Application for Interim 

Waiver. 

II. Modified Petition for Waiver of Test 

Procedure and Application for Interim 

Waiver 

On July 30, 2008, Mitsubishi informed 

DOE that after it filed its Petition for 

Waiver in October 2006, it developed 

additional basic models in the WR2 and 

WY product line. These products are 

similar to the basic models listed in 

Mitsubishi’s Petition for Waiver except 

that they have different capacities (the 

capacities of these new models fall 

within the applicable range of capacities 

for the ISO 13256–1 (1998) test 

procedure). The new outdoor models 

also have the additional ability to 

connect multiple outdoor units together 

to create larger capacity systems. 

Therefore, Mitsubishi requested that 

DOE include these additional models in 

the list of basic models for which the 

interim waiver was granted. In addition, 

Mitsubishi requested that DOE include 

these additional basic models in the list 

of models contained in the Petition for 

Waiver. These additional products have 

the ability to connect multiple outdoor 

units together to create larger capacity 

systems, up to 240,000 Btu/hr. 

Connecting two of the smallest capacity 

(72,000 Btu/h) outdoor units results in 

a system capacity of 144,000 Btu/h, 

which is above the maximum 135,000 

Btu/h covered by the DOE test 

procedure. The multiple-outdoor-unit 

feature is therefore not relevant to this 

waiver because the resulting system 

capacities are outside the capacity range 

of the DOE test procedure for watersource central air conditioners and 

central air conditioning heat pumps. 

This waiver only covers systems with 

nominal cooling capacities less than 

135,000 Btu/hr, which does not include 

any combined units. 

Mitsubishi’s modified list of products 

for which a waiver is requested, and for 

which a waiver can be granted, follows: 

CITY MULTI Variable Refrigerant 

Flow Zoning System Outdoor 

Equipment: 

WY–Series (PQHY) 208/230–3–60 and 

460–3–60 split-system, water-sourced, 

variable-speed heat pumps with 

individual model nominal cooling 

capacities of 72,000, 96,000, 108,000 

and 120,000 Btu/h. 

WR2–Series (PQRY) 208/230–3–60 

and 460–3–60 split-system, watersourced, variable-speed heat pumps 

with heat recovery and with individual 

model nominal cooling capacities of 

72,000, 96,000, 108,000 and 120,000 

Btu/h. 

CITY MULTI Variable Refrigerant 

Flow Zoning System Indoor Equipment: 

P*FY models, ranging from 6,000 to 

48,000 Btu/h, 208/230–1–60 and from 

72,000 to 120,000 Btu/h, 208/230–3– 

60 split system variable-capacity air 

conditioner or heat pump. 

PCFY Series—Ceiling Suspended—with 

capacities of 12/18/24/30/36 MBtu/h. 

PDFY Series—Ceiling Concealed 

Ducted—with capacities of 06/08/12/ 

15/18/24/27/30/36/48 MBtu/h. 

PEFY Series—Ceiling Concealed Ducted 

(Low Profile)—with capacities of 06/ 

08/12/18/24 MBtu/h. 

PEFY Series—Ceiling Concealed Ducted 

(Alternate High Static Option)—with 

capacities of 15/18/24/27/30/36/48/ 

54/72/96 MBtu/h. 

PEFY–F Series—Ceiling Concealed 

Ducted (100% OA Option)—with 

capacities of 30/54/72/96/120 MBtu/ 

h. 

PFFY Series—Floor Standing 

(Concealed)—with capacities of 06/ 

08/12/15/18/24 MBtu/h. 

PFFY Series—Floor Standing 

(Exposed)—with capacities of 06/08/ 

12/15/18/24 MBtu/h. 

PKFY Series—Wall-Mounted—with 

capacities of 06/08/12/18/24/30 

MBtu/h. 

PLFY Series—4–Way Airflow Ceiling 

Cassette—with capacities of 12/18/24/ 

30/36 MBtu/h. 

PMFY Series—1–Way Airflow Ceiling 

Cassette—with capacities of 06/08/12/ 

15 MBtu/h. 

III. Alternate Test Procedure 

Mitsubishi’s July 30, 2008 petition to 

extend its Interim Waiver also contains 

a modification to the alternate test 

procedure published April 9, 2007. 72 

FR 17533. It contains a proposed, new 

definition of the term ‘‘tested 

combination.’’ This proposed definition 

is the same as the one in Draft AHRI 

1230, ‘‘Performance Rating of Variable 

Refrigerant Flow (VRF) Multi-Split AirVerDate Nov<24>2008 16:50 Jul 20, 2009 Jkt 217001 PO 00000 Frm 00022 Fmt 4703 Sfmt 4703 E:\FR\FM\21JYN1.SGM 21JYN1

jlentini on DSKJ8SOYB1PROD with NOTICES
35862 Federal Register / Vol. 74, No. 138 / Tuesday, July 21, 2009 / Notices 

Conditioning and Heat Pump.’’ This 

definition allows for systems with 

multiple outdoor units and has other 

differences for systems with nominal 

cooling capacities greater than 150,000 

Btu/h. However, for the waiver under 

consideration here, which does not 

apply to systems with multiple outdoor 

units, nor to systems with cooling 

capacities greater than 135,000 Btu/h, 

the only change in the definition of 

‘‘tested combination’’ that is relevant is 

its reference to ‘‘capacity’’ is changed to 

‘‘nominal cooling capacity.’’ This does 

not substantially alter the original 

definition, but only clarifies it. 

IV. Discussion 

The Department has reviewed 

Mitsubishi’s Initial Petition and its 

request to revise the list of model 

numbers for which Mitsubishi requested 

the waiver and interim waiver. The 

modified model list does not reflect any 

changes to the models listed in 

Mitsubishi’s Initial Petition with respect 

to the properties making them eligible 

for a waiver, which involved testing 

difficulties. Given that the modified list 

does not change in any way the basis for 

granting the interim waiver, DOE finds 

that it is appropriate that the interim 

waiver granted on April 9, 2007, apply 

to the models listed in the Modified 

Petition. DOE thus clarifies that the 

April 9, 2007, interim waiver applies to 

the models listed in the Modified 

Petition, and that DOE will use the 

modified list of model numbers in any 

future action on the pending Petition for 

Test Procedure Waiver. 

Issued in Washington, DC, on July 9, 2009. 

Cathy Zoi, 

Assistant Secretary, Energy Efficiency and 

Renewable Energy. 

[FR Doc. E9–17287 Filed 7–20–09; 8:45 am] 

BILLING CODE 6450–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

[Project No. 13528–000] 

Soule Hydro LLC; Notice of 

Preliminary Permit Application 

Accepted for Filing and Soliciting 

Comments, Motions To Intervene, and 

Competing Applications 

July 13, 2009. 

On July 1, 2009, Soule Hydro LLC 

filed an application pursuant to section 

4(f) of the Federal Power Act to study 

the feasibility of the proposed Soule 

River Hydroelectric Project No. 13528 

located on the Soule River, within the 

Ketchikan Recording District, First 

Judicial District, near Hyder, Alaska. 

The project would occupy federal lands 

within the Tongass National Forest. The 

sole purpose of a preliminary permit, if 

issued, is to grant the permit holder 

priority to file a license application 

during the permit term. A preliminary 

permit does not authorize the permit 

holder to perform any land disturbing 

activities or otherwise enter upon lands 

or waters owned by others without the 

owners’ express permission. 

The proposed project would consist 

of: (1) A proposed concrete dam with a 

maximum height of 160 feet; (2) a 

proposed storage reservoir with a 

normal water surface area of 950 acres, 

an active storage capacity of 

approximately 60,000 acre-feet, and a 

gross storage capacity of approximately 

74,000 acre-feet; (3) a proposed 12-footdiameter, 12,000-foot-long penstock; (4) 

a proposed powerhouse containing 2 

generating units with a total installed 

capacity of 75 megawatts; (5) an open 

channel tailrace; (6) a 138-kilovolt, 9.72 

mile-long submarine cable transmission 

line connecting to the existing 

interconnection transmission system in 

Hyder, and (7) appurtenant facilities. 

The proposed Soule River Hydroelectric 

Project would have an average annual 

generation of 270 gigawatt-hours. 

Applicant Contact: Mr. Norman 

Gross, Director, Soule Hydro LLC, 11978 

Artery Drive, Fairfax, VA 22030; phone: 

(703) 751–2200. Mr. Bob Grimm, Alaska 

Power and Telephone Company, P.O. 

Box 3222, 193 Otto Street, Port 

Townsend, WA 98368; phone: (360) 

385–1733 x120. 

FERC Contact: Gina Krump, (202) 

502–6704, gina.krump@ferc.gov. 

Deadline for filing comments, motions 

to intervene, competing applications 

(without notices of intent), or notices of 

intent to file competing applications: 60 

days from the issuance of this notice. 

Comments, motions to intervene, 

notices of intent, and competing 

applications may be filed electronically 

via the Internet. See 18 CFR 

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

on the Commission’s Web site under the 

‘‘e-Filing’’ link. If unable to be filed 

electronically, documents may be paperfiled. To paper-file, an original and eight 

copies should be mailed to: Kimberly D. 

Bose, Secretary, Federal Energy 

Regulatory Commission, 888 First 

Street, NE., Washington, DC 20426. For 

more information on how to submit 

these types of filings please go to the 

Commission’s Web site located at 

http://www.ferc.gov/filingcomments.asp. More information about 

this project, including a copy of the 

application, can be viewed or printed on 

the ‘‘eLibrary’’ link of Commission’s 

Web site at http://www.ferc.gov/docsfiling/elibrary.asp. Enter the docket 

number (P–13528) in the docket number 

field to access the document. For 

assistance, call toll-free 1–866–208– 

3372. 

Kimberly D. Bose, 

Secretary. 

[FR Doc. E9–17237 Filed 7–20–09; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

Combined Notice of Filings # 1 

July 10, 2009. 

Take notice that the Commission 

received the following electric rate 

filings: 

Docket Numbers: ER98–4515–010. 

Applicants: Cadillac Renewable 

Energy LLC; Escanaba Paper Company. 

Description: Cadillac Renewable 

Energy LLC request for Category 1 Seller 

designation in the Central region 

pursuant to section 35.36(a)(2) of the 

FERC’s regulations and the regional 

schedule set forth in Order 697–A. 

Filed Date: 06/30/2009. 

Accession Number: 20090701–0012. 

Comment Date: 5 p.m. Eastern Time 

on Tuesday, July 21, 2009. 

Docket Numbers: ER09–1075–004. 

Applicants: Falcon Energy LLC. 

Description: Falcon Energy, LLC 

submits an Amended, Revised and 

Restated Application for Market-Based 

Rate Authorization and Request for 

Waivers and Blanket Authorizations and 

Request for Expedited Treatment of 

Falcon Energy, LLC. 

Filed Date: 07/09/2009. 

Accession Number: 20090709–0349. 

Comment Date: 5 p.m. Eastern Time 

on Thursday, July 23, 2009. 

Docket Numbers: ER09–1311–001. 

Applicants: Entergy Arkansas, Inc. 

Description: Entergy Services, Inc 

submits a errata to its notice of 

termination of Service Agreement No. 3. 

Filed Date: 07/01/2009. 

Accession Number: 20090702–0181. 

Comment Date: 5 p.m. Eastern Time 

on Wednesday, July 22, 2009. 

Docket Numbers: ER09–1283–001. 

Applicants: The Energy Cooperative 

of Pennsylvania. 

Description: Energy Cooperative of 

Pennsylvania, Inc submits an Amended 

Petition for Acceptance of Initial Tariff, 

waiver and Blanket Authority. 

Filed Date: 07/09/2009. 

Accession Number: 20090709–0348. 


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