17458 Federal Register / Vol. 74, No. 71 / Wednesday, April 15, 2009 / Notices 

CWA, or believes that NWP 46 does not 

apply to his or her particular proposed 

activity, and thus does not choose to 

voluntarily seek NWP 46 authorization 

for that activity, he or she is not 

required to submit an NWP 46 preconstruction notification to the 

appropriate Corps district office prior to 

commencing that activity. One reason 

why a landowner or other project 

proponent may choose not to make use 

of NWP 46, and thus may choose not to 

send in a pre-construction notification 

for NWP 46, could be that the project 

proponent believes that the ditch in 

question is not subject to CWA 

jurisdiction, or for any other reason 

believes that his proposed activities do 

not require authorization under CWA 

Section 404. In such a situation, there is 

nothing in NWP 46 that would require 

that project proponent to send in a preconstruction notification or to seek any 

form of CWA Section 404 permit 

authorization. 

A person may desire to obtain a Corps 

Section 404 permit authorization, such 

as NWP 46, before discharging dredged 

or fill material into aquatic areas that 

may arguably be jurisdictional waters of 

the United States to avoid a citizens 

lawsuit seeking to enjoin his proposed 

activities, and/or avoid civil penalties. 

A citizens lawsuit challenging 

unpermitted discharges of dredged or 

fill material would be based on the 

application of the relevant Federal 

statutes and regulations relating to 

jurisdiction, and would not be based on 

or affected in any way by the terms or 

conditions of any NWP or other general 

permit, including NWP 46. A landowner 

or other person can voluntarily choose 

to avail himself of the legal protection 

from a possible citizens lawsuit that a 

permit authorization under NWP 46 can 

provide. If so, that person has the right 

to make use of NWP 46 if he voluntarily 

chooses to use it, and if his proposed 

activity meets all the terms and 

conditions of that NWP. 

For any sort of water body that is 

subject to the geographic jurisdiction of 

the CWA, and for any proposed activity 

that would constitute or involve the 

discharge of dredged or fill material into 

that jurisdictional water body, said 

geographic or activity-based jurisdiction 

is derived from the relevant statute (e.g., 

the CWA) and its implementing 

regulations that specifically address 

jurisdiction. No NWP or any other form 

of general permit asserts jurisdiction in 

any way, either explicitly or by 

implication. 

It follows from the principles 

explained above that the issuance of 

NWP 46 did not and does not involve, 

and does not result in, any assertion of 

Clean Water Act jurisdiction over any 

particular aquatic area or over any 

category of aquatic habitats, or over any 

particular activity or over any category 

of activities. Instead, issuance of NWP 

46 or any other NWP is merely one 

means of providing permit authorization 

under Section 404 of the Clean Water 

Act and/or Section 10 of the Rivers and 

Harbors Act of 1899, if a landowner or 

other person voluntarily elects to make 

use of that form of permit authorization, 

whatever his reason for doing so may 

be. 

Dated: April 9, 2009. Approved by: 

Steven L. Stockton, 

Director of Civil Works. 

[FR Doc. E9–8611 Filed 4–14–09; 8:45 am] 

BILLING CODE 3710–92–P 

DEPARTMENT OF EDUCATION 

Submission for OMB Review; 

Comment Request 

AGENCY: Department of Education. 

SUMMARY: The Director, Information 

Collection Clearance Division, 

Regulatory Information Management 

Services, Office of Management invites 

comments on the submission for OMB 

review as required by the Paperwork 

Reduction Act of 1995. 

DATES: Interested persons are invited to 

submit comments on or before May 15, 

2009. 

ADDRESSES: Written comments should 

be addressed to the Office of 

Information and Regulatory Affairs, 

Attention: Education Desk Officer, 

Office of Management and Budget, 725 

17th Street, NW., Room 10222, New 

Executive Office Building, Washington, 

DC 20503 or faxed to (202) 395–6974 or 

send an e-mail to 

oira_submission@omb.eop.gov. 

SUPPLEMENTARY INFORMATION: Section 

3506 of the Paperwork Reduction Act of 

1995 (44 U.S.C. Chapter 35) requires 

that the Office of Management and 

Budget (OMB) provide interested 

Federal agencies and the public an early 

opportunity to comment on information 

collection requests. OMB may amend or 

waive the requirement for public 

consultation to the extent that public 

participation in the approval process 

would defeat the purpose of the 

information collection, violate State or 

Federal law, or substantially interfere 

with any agency’s ability to perform its 

statutory obligations. The Director, 

Regulatory Information Management 

Services, Office of Management, 

publishes that notice containing 

proposed information collection 

requests prior to submission of these 

requests to OMB. Each proposed 

information collection, grouped by 

office, contains the following: (1) Type 

of review requested, e.g. new, revision, 

extension, existing or reinstatement; (2) 

Title; (3) Summary of the collection; (4) 

Description of the need for, and 

proposed use of, the information; (5) 

Respondents and frequency of 

collection; and (6) Reporting and/or 

Recordkeeping burden. OMB invites 

public comment. 

Dated: April 9, 2009. 

Angela C. Arrington, 

Director, Information Collection Clearance 

Division, Regulatory Information 

Management Services, Office of Management. 

Office of Special Education and 

Rehabilitative Services 

Type of Review: Extension. 

Title: Small Business Innovation 

Research (SBIR) Program—Phase I— 

Grant Application Package. 

Frequency: Annually. 

Affected Public: Businesses or other 

for-profit; not-for-profit institutions. 

Reporting and Recordkeeping Hour 

Burden: 

Responses: 200. 

Burden Hours: 9,000. 

Abstract: This application package 

invites small business concerns to 

submit a Phase I application for the 

Small Business Innovation Research 

(SBIR) Program (CFDA 84.133). This is 

in response to Public Law 106–554, the 

‘‘Small Business Reauthorization Act of 

2000, H.R. 5667’’ (the ‘‘Act’’) enacted on 

December 21, 2000. The Act requires 

certain agencies, including the 

Department of Education (ED) to 

establish a Small Business Innovation 

Research (SBIR) program by reserving a 

statutory percentage of their extramural 

research and development budgets to be 

awarded to small business concerns for 

research or research and development 

through a uniform, highly competitive, 

three-phase process each fiscal year. 

This information collection is being 

submitted under the Streamlined 

Clearance Process for Discretionary 

Grant Information Collections (1894– 

0001). Therefore, the 30-day public 

comment period notice will be the only 

public comment notice published for 

this information collection. 

Requests for copies of the information 

collection submission for OMB review 

may be accessed from http:// 

edicsweb.ed.gov, by selecting the 

‘‘Browse Pending Collections’’ link and 

by clicking on link number 3978. When 

you access the information collection, 

click on ‘‘Download Attachments’’ to 

view. Written requests for information 

should be addressed to U.S. Department 


rwilkins on PROD1PC63 with PROPOSALS
Federal Register / Vol. 74, No. 71 / Wednesday, April 15, 2009 / Notices 17459 

of Education, 400 Maryland Avenue, 

SW., LBJ, Washington, D.C. 20202– 

4537. Requests may also be 

electronically mailed to the Internet 

address ICDocketMgr@ed.gov or faxed to 

202–401–0920. Please specify the 

complete title of the information 

collection when making your request. 

Comments regarding burden and/or 

the collection activity requirements 

should be electronically mailed to 

ICDocketMgr@ed.gov. Individuals who 

use a telecommunications device for the 

deaf (TDD) may call the Federal 

Information Relay Service (FIRS) at 1– 

800–877–8339. 

[FR Doc. E9–8545 Filed 4–14–09; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF EDUCATION 

Submission for OMB Review; 

Comment Request 

AGENCY: Department of Education. 

SUMMARY: The Director, Information 

Collection Clearance Division, 

Regulatory Information Management 

Services, Office of Management invites 

comments on the submission for OMB 

review as required by the Paperwork 

Reduction Act of 1995. 

DATES: Interested persons are invited to 

submit comments on or before May 15, 

2009. 

ADDRESSES: Written comments should 

be addressed to the Office of 

Information and Regulatory Affairs, 

Attention: Education Desk Officer, 

Office of Management and Budget, 725 

17th Street, NW., Room 10222, New 

Executive Office Building, Washington, 

DC 20503, be faxed to (202) 395–6974 or 

send e-mail to 

oira_submission@omb.eop.gov. 

SUPPLEMENTARY INFORMATION: Section 

3506 of the Paperwork Reduction Act of 

1995 (44 U.S.C. Chapter 35) requires 

that the Office of Management and 

Budget (OMB) provide interested 

Federal agencies and the public an early 

opportunity to comment on information 

collection requests. OMB may amend or 

waive the requirement for public 

consultation to the extent that public 

participation in the approval process 

would defeat the purpose of the 

information collection, violate State or 

Federal law, or substantially interfere 

with any agency’s ability to perform its 

statutory obligations. The Director, 

Regulatory Information Management 

Services, Office of Management, 

publishes that notice containing 

proposed information collection 

requests prior to submission of these 

requests to OMB. Each proposed 

information collection, grouped by 

office, contains the following: (1) Type 

of review requested, e.g. new, revision, 

extension, existing or reinstatement; (2) 

Title; (3) Summary of the collection; (4) 

Description of the need for, and 

proposed use of, the information; (5) 

Respondents and frequency of 

collection; and (6) Reporting and/or 

Recordkeeping burden. OMB invites 

public comment. 

Dated: April 10, 2009. 

Angela C. Arrington, 

Director, Information Collection Clearance 

Division, Regulatory Information 

Management Services, Office of Management. 

Federal Student Aid 

Type of Review: New. 

Title: Documents Associated with the 

Notice of Terms and Conditions of 

Additional Purchase of Loans under the 

‘‘Ensuring Continued Access to Student 

Loans Act of 2008’’. 

Frequency: On occasion. 

Affected Public: Businesses or other 

for-profit. 

Reporting and Recordkeeping Hour 

Burden: 

Responses: 14,780. 

Burden Hours: 14,780. 

Abstract: The Ensuring Continued 

Access to Student Loans Act of 2008 

(Pub. L. No. 110–227) (the ECASLA) 

which was signed into law on May 7, 

2008, amended the Higher Education 

Act of 1965, as amended (the HEA) by 

adding a new Section 459A that 

provides the U.S. Department of 

Education (the Department) with 

temporary authority to purchase student 

loans from Federal Family Education 

Loan (FFEL) Program lenders. The 

documents included with this 

submission establish the terms and 

conditions that will govern certain loan 

purchases through the replication for 

the 2009–2010 academic year of the 

Loan Participation Purchase Program 

and the Loan Purchase Commitment 

Program that have been established for 

the 2007–2008 and 2008–2009 academic 

years. 

Requests for copies of the information 

collection submission for OMB review 

may be accessed from http:// 

edicsweb.ed.gov, by selecting the 

‘‘Browse Pending Collections’’ link and 

by clicking on link number 3940. When 

you access the information collection, 

click on ‘‘Download Attachments ’’ to 

view. Written requests for information 

should be addressed to U.S. Department 

of Education, 400 Maryland Avenue, 

SW., LBJ, Washington, DC 20202–4537. 

Requests may also be electronically 

mailed to the Internet address 

ICDocketMgr@ed.gov or faxed to 202– 

401–0920. Please specify the complete 

title of the information collection when 

making your request. 

Comments regarding burden and/or 

the collection activity requirements 

should be electronically mailed to 

ICDocketMgr@ed.gov. Individuals who 

use a telecommunications device for the 

deaf (TDD) may call the Federal 

Information Relay Service (FIRS) at 1– 

800–877–8339. 

[FR Doc. E9–8619 Filed 4–14–09; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF EDUCATION 

Submission for OMB Review; 

Comment Request 

AGENCY: Department of Education. 

SUMMARY: The Director, Information 

Collection Clearance Division, 

Regulatory Information Management 

Services, Office of Management invites 

comments on the submission for OMB 

review as required by the Paperwork 

Reduction Act of 1995. 

DATES: Interested persons are invited to 

submit comments on or before May 15, 

2009. 

ADDRESSES: Written comments should 

be addressed to the Office of 

Information and Regulatory Affairs, 

Attention: Education Desk Officer, 

Office of Management and Budget, 725 

17th Street, NW., Room 10222, New 

Executive Office Building, Washington, 

DC 20503 or faxed to (202) 395–6974 or 

send an e-mail to 

oira_submission@omb.eop.gov. 

SUPPLEMENTARY INFORMATION: Section 

3506 of the Paperwork Reduction Act of 

1995 (44 U.S.C. Chapter 35) requires 

that the Office of Management and 

Budget (OMB) provide interested 

Federal agencies and the public an early 

opportunity to comment on information 

collection requests. OMB may amend or 

waive the requirement for public 

consultation to the extent that public 

participation in the approval process 

would defeat the purpose of the 

information collection, violate State or 

Federal law, or substantially interfere 

with any agency’s ability to perform its 

statutory obligations. The Director, 

Information Collection Clearance 

Division, Regulatory Information 

Management Services, Office of 

Management, publishes that notice 

containing proposed information 

collection requests prior to submission 

of these requests to OMB. Each 

proposed information collection, 

grouped by office, contains the 

following: (1) Type of review requested, 

e.g. new, revision, extension, existing or 


rwilkins on PROD1PC63 with PROPOSALS