18202 Federal Register / Vol. 74, No. 75 / Tuesday, April 21, 2009 / Notices 

FTX–03 Mission 

Two launches were conducted at KLC 

between March 12, 2008, and March 11, 

2009. The first was a monitored launch 

of a Flight Test Experimental–03 (FTX– 

03) long range ballistic missile on July 

18, 2008 at 13:47:00 hr ADT. Aerial 

surveys to document marine mammals 

in the primary survey area (6–mile 

radius of the KLC launch pads) were 

flown using single-engine fixed-wing 

aircraft 1 day prior to (July 17), the day 

of (July 18), and 3 days (July 19–21) post 

launch. On July 17, 2008, video 

equipment and a noise monitor were 

deployed on the northeast side of Ugak 

Island, 4.2 miles (6.8 km) from the 

launch site, and another noise monitor 

was deployed on Narrow Cape , 0.9 

miles (1.4 km) from the launch site. 

Sound level monitoring equipment at 

Ugak Island registered noise above 

general ambient levels for one minute 

thirty three seconds with an SEL of 89.6 

dBA. The one-second broadband peak 

noise level was 108.3 dBC. The 1/3 

octave broadband noise level peaked 

between 63 and 250 Hz with a 

maximum noise level of 90.7 dB at 100 

Hz. Sound level monitoring equipment 

at Narrow Cape registered noise above 

general ambient levels for one minute 

fifty seconds with an SEL of 112.6 dBA. 

The one-second broadband peak noise 

level was 145.6 dBC. The 1/3 octave 

broadband noise level peaked between 

63 and 400 Hz with a maximum noise 

level at 105.8 dB at 315 Hz. 

Video equipment was focused on the 

Steller sea lion haulout on the east side 

of Ugak Island because no seal lions 

were present at the traditional haulout 

on the gravel spit at Ugak. This haulout 

was occupied by 1–5 seal lions during 

the aerial surveys, and 0–3 sea lions 

during video monitoring. However, the 

camera battery was depleted about two 

hours before the launch so the 

immediate effects of the launch on 

Steller sea lions could not be 

determined. However, three sea lions 

were seen at the haulout during the 

aerial survey conducted within two 

hours after the launch, the same number 

recorded when the camera battery died; 

therefore, if any behavioral impacts did 

occur, they were short lived. 

Harbor seals were the most abundant 

marine mammal counted. Daily totals 

ranged from 610 seals on July 20, 2008 

to 1,534 seals on July 21, 2008. The 

count of harbor seals before the launch 

(853 seals) was similar immediately post 

launch (840 seals). For the three days 

after launch, 744, 610, and 1,534 harbor 

seals, respectively, were sighted in the 

primary study area. Therefore, NMFS 

does not expect that the launch had a 

long term impact on harbor seals in the 

action area. 

FTG–05 Mission 

The second monitored launch of an 

Flight Test Ground-based Interceptor–05 

(FTG–05) ballistic missile was 

conducted at KLC on December 5, 2008 

at 11:04 hr ADT. Five monitoring 

surveys were scheduled between 

December 4–8, 2008; however, foul 

weather precluded flying from all but 

one day. No monitoring survey was 

completed pre-launch and only one 

survey was completed post-launch; 

however, one aerial survey was flown 

over part of the primary study area three 

days before the launch (December 2) 

prior to the designated monitoring 

surveys. Foul weather precluded 

helicopter access to Ugak Island, 

therefore no video equipment or sound 

monitoring device was deployed at this 

location. However, a sound level 

monitor was deployed on Narrow Cape. 

This noise monitoring device registered 

noise above general ambient levels for 

one minute forty one seconds with an 

SEL of 112.4 dBA. The one-second 

broadband peak noise level was 126.1 

dBC. The 1/3 octave broadband noise 

level peaked between 63 and 400 Hz 

with a maximum noise level at 106.6 dB 

at 200 Hz. 

Steller sea lions did not use the spit 

on northern Ugak Island (the traditional 

haulout site) during the December 7 

survey; however, this has been the trend 

during the past few years. One sea lion 

was sighted during that day on the 

suprtidal rock on the eastern side of 

Ugak, the same location where they 

were sighted during the FTX–03 launch, 

as described above. 

During the December 7 survey, 971 

harbor seals were sighted in the primary 

study area. All were sighted on Ugak 

Island with the largest single haulout 

located on the northeast side of the 

island with 444 seals. Because only one 

survey was completed and no video 

monitoring system was set up during 

the FTG–05 launch, the actual impacts 

to Steller sea lions and harbor seals can 

not be determined. However, AADC did 

collect video monitoring data of Steller 

sea lions during a FTG–02 launch in 

2006. During that launch, two sea lions 

were present on Ugak Rock. The 

animals raised their heads in response 

to launch noise, which peaked at 105.6 

dBC and had an SEL of 90.1dBA over 

one minute and eight seconds; however, 

they did not flush into the water. For 

comparative purposes, the Narrow Cape 

the peak noise level during this launch 

was 128 dBC with a SEL of 112.5dBA 

over one minute 23–seconds which is 

comparable to the December FTG–05 

launch, as described above. Therefore, 

NMFS anticipates that reactions of 

Steller sea lions, if present, were likely 

similar to those recorded previously. 

In summary, NMFS concludes the 

impacts from the FTX–03 and FTG–05 

flight were similar based on similar 

acoustic monitoring measurements from 

both launches. No mortality or injury 

was observed during the FTX–03 launch 

and likely did not occur during the 

FTG–05 launch. 

Authorization 

Accordingly, NMFS has issued an 

LOA to AADC authorizing takes of 

marine mammals incidental to rocket 

launches at the KLC. Issuance of this 

LOA is based on findings, described in 

the preamble to the final rule (71 FR 

4297, January 26, 2006) and supported 

by information contained in AADC’s 

required 2007 annual report, that the 

activities described under this LOA will 

result in the take of small numbers of 

marine mammals, have a negligible 

impact on marine mammal stocks, and 

will not have an unmitigable adverse 

impact on the availability of the affected 

marine mammal stocks for subsistence 

uses. 

Dated: April 16, 2009. 

James H. Lecky, 

Director, Protected Resources, National 

Marine Fisheries Service. 

[FR Doc. E9–9117 Filed 4–20–09; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF EDUCATION 

Office of English Language 

Acquisition, Language Enhancement, 

and Academic Achievement for 

Limited English Proficient Students; 

Overview Information; Foreign 

Language Assistance Program—Local 

Educational Agencies With Institutions 

of Higher Education; Notice Inviting 

Applications for New Awards for Fiscal 

Year (FY) 2009 

Catalog of Federal Domestic Assistance 

(CFDA) Number: 84.293A. 

DATES: 

Applications Available: April 21, 

2009. 

Deadline for Notice of Intent to Apply: 

May 11, 2009. 

Deadline for Transmittal of 

Applications: May 27, 2009. 

Deadline for Intergovernmental 

Review: July 27, 2009. 

Full Text of Announcement 

I. Funding Opportunity Description 

Purpose of Program: The Foreign 

Language Assistance Program (FLAP) 

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Federal Register / Vol. 74, No. 75 / Tuesday, April 21, 2009 / Notices 18203 

provides grants to local educational 

agencies (LEAs) for innovative model 

programs providing for the 

establishment, improvement, or 

expansion of foreign language study for 

elementary and secondary school 

students. Under this competition, as 

required by Public Law 111–8 (the 

Omnibus Appropriations Act, 2009), 5- 

year grants will be awarded to LEAs to 

work in partnership with one or more 

institutions of higher education (IHEs) 

to establish or expand articulated 

programs of study in languages critical 

to United States national security in 

order to enable successful students to 

achieve a superior level of proficiency 

in those languages. In addition, an LEA 

that receives a grant under this program 

must use the funds to support programs 

that show promise of being continued 

beyond the grant period and 

demonstrate approaches that can be 

disseminated to and duplicated in other 

LEAs. Projects supported under this 

program may also include a professional 

development component. 

Priorities: This notice involves one 

absolute priority and four competitive 

preference priorities. The absolute 

priority is from the notice of final 

priority for this program, published in 

the Federal Register on May 19, 2006 

(71 FR 29228). In accordance with 34 

CFR 75.105(b)(2)(iv), Competitive 

Preference Priorities #1 through #4 are 

from section 5493 of the Foreign 

Language Assistance Act of 2001 (20 

U.S.C. 7259b). 

Absolute Priority: For FY 2009 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: 

Critical Need Languages 

This priority supports projects that 

establish, improve or expand foreign 

language learning, primarily during the 

traditional school day, within grade 

kindergarten through grade 12, that 

exclusively teach one or more of the 

following less commonly taught 

languages: Arabic, Chinese, Korean, 

Japanese, Russian, and languages in the 

Indic, Iranian, and Turkic language 

families. 

Competitive Preference Priorities: For 

FY 2009 and any subsequent year in 

which we make awards from the list of 

unfunded applicants from this 

competition, these priorities are 

competitive preference priorities. Under 

34 CFR 75.105(c)(2)(ii) we give 

preference to an application that meets 

one or more of these priorities. 

Note: There is no advantage to addressing 

all four competitive preference priorities. 

Creating a program around all four priorities 

may result in an unfocused program design. 

We give preference to applications describing 

programs that meet any one of these 

priorities. 

These priorities are: 

Competitive Preference Priority #1. 

Projects that include intensive summer 

foreign language programs for 

professional development. 

Competitive Preference Priority #2. 

Projects that link non-native English 

speakers in the community with the 

schools in order to promote two-way 

language learning. 

Competitive Preference Priority #3. 

Projects that make effective use of 

technology, such as computer-assisted 

instruction, language laboratories, or 

distance learning, to promote foreign 

language study. 

Competitive Preference Priority #4. 

Projects that promote innovative 

activities, such as foreign language 

immersion, partial foreign language 

immersion, or content-based 

instruction. 

Program Authority: 20 U.S.C. 7259a7259b; Public Law 111–8 (the Omnibus 

Appropriations Act, 2009). 

Applicable Regulations: (a) The 

Education Department General 

Administrative Regulations (EDGAR) in 

34 CFR parts 75, 77, 79, 80, 81, 82, 84, 

85, 86, 97, 98 and 99. (b) The notice of 

final priority, published in the Federal 

Register on May 19, 2006 (71 FR 29228). 

Note: The regulations in 34 CFR part 86 

apply to institutions of higher education 

only. 

II. Award Information 

Type of Award: Discretionary grants. 

Estimated Available Funds: 

$5,193,495. 

Contingent upon the availability of 

funds and the quality of applications, 

we may make additional awards in FY 

2010 from the list of unfunded 

applicants from this competition. 

Estimated Range of Awards: 

$100,000—$300,000. 

Estimated Average Size of Awards: 

$200,000. 

Maximum Award: We will reject any 

application that proposes a budget 

exceeding $300,000 for a single budget 

period of 12 months. The Assistant 

Deputy Secretary and Director for the 

Office of English Language Acquisition, 

Language Enhancement, and Academic 

Achievement for Limited English 

Proficient Students (OELA) may change 

the maximum amount through a notice 

published in the Federal Register. 

Estimated Number of Awards: 26. 

Note: The Department is not bound by any 

estimates in this notice. 

Project Period: 60 months. 

Applications that request funding for a 

project period of other than 60 months 

will be deemed ineligible and will not 

be read. 

III. Eligibility Information 

1. Eligible Applicants: LEAs, 

including charter schools that are 

considered LEAs under State law, in 

partnership with one or more 

institutions of higher education. 

2. Cost Sharing or Matching: Section 

5492(c)(1) of the Foreign Language 

Assistance Act of 2001 (20 U.S.C. 

7259a(c)(1)) requires that the Federal 

share of a project funded under this 

program for each fiscal year be 50 

percent. For example, an LEA 

requesting $100,000 in Federal funding 

for its foreign language program each 

fiscal year must match that amount with 

$100,000 of non-Federal funding for 

each year. 34 CFR 80.24 of EDGAR 

addresses Federal cost-sharing 

requirements. 

If an LEA does not have adequate 

resources to pay the non-Federal share 

of the cost, a waiver may be requested. 

An LEA may request a waiver of part, 

or all, of the matching requirement. The 

waiver request should be submitted by 

letter to the Secretary of Education and 

included in the application. An 

authorized representative of the LEA, 

such as the superintendent of schools, 

should sign the letter. 

The request for waiver should— 

• Provide an explanation, supported 

with appropriate documentation, of the 

basis for the LEA’s position that it does 

not have adequate resources to pay the 

non-Federal share of the cost of the 

project. 

• Specify the amount, if any, of the 

non-Federal share that the LEA can pay. 

We recommend that LEAs that are 

unable to provide the required level of 

non-Federal support for their project 

provide as much non-Federal support as 

possible. Further information on 

submitting a waiver request is included 

in the application package. 

IV. Application and Submission 

Information 

1. Address to Request Application 

Package: Yvonne Putney-Mathieu, U.S. 

Department of Education, 400 Maryland 

Avenue, SW., room 5C138, Washington, 

DC 20202–6510. Telephone: (202) 401– 

1461 or by e-mail: 

yvonne.mathieu@ed.gov. 

Note: Please include ‘‘84.293A LEA IHE 

Application Request’’ in the subject heading 

of your e-mail. 

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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 a copy of the application package 

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

large print, audiotape, or computer 

diskette) by contacting the program 

contact person listed in this section. 

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. 

Notice of Intent to Apply: If you 

intend to apply for a grant under this 

competition, contact Yvonne Mathieu 

by e-mail: yvonne.mathieu@ed.gov. 

Note: Please include ‘‘84.293A LEA IHE 

Intent to Apply’’ in the subject heading of 

your e-mail. The e-mail should specify: (1) 

The LEA name, (2) city, (3) State, and (4) 

language(s) of instruction. We will consider 

an application submitted by the deadline 

date for transmittal of applications, even if 

the applicant did not provide us notice of its 

intent to apply. 

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 the 

application narrative to the equivalent 

of no more than 35 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. 

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 two-page abstract. 

However, the page limit does apply to 

all of the application narrative section 

in 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: April 21, 

2009. 

Deadline for Notice of Intent to Apply: 

May 11, 2009. 

Deadline for Transmittal of 

Applications: May 27, 2009. 

Applications for grants under this 

program must be submitted 

electronically using the Electronic Grant 

Application System (e-Application) 

accessible through the Department’s eGrants site. For information (including 

dates and times) about how to submit 

your application electronically, or by 

mail or hand delivery if you qualify for 

an exception to the electronic 

submission requirement, please refer to 

section IV. 6. 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: July 27, 2009. 

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 

program. 

5. Funding Restrictions: We reference 

regulations outlining funding 

restrictions in the Applicable 

Regulations section in this notice. 

6. Other Submission Requirements: 

Applications for grants under this 

program must be submitted 

electronically unless you qualify for an 

exception to this requirement in 

accordance with the instructions in this 

section. 

a. Electronic Submission of 

Applications. 

Applications for grants under the 

Foreign Language Assistance Program— 

Local Educational Agencies with 

Institutions of Higher Education—CFDA 

Number 84.293A must be submitted 

electronically using e-Application, 

accessible through the Department’s eGrants Web site at: 

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

We will reject your application if you 

submit it in paper format unless, as 

described elsewhere in this section, you 

qualify for one of the exceptions to the 

electronic submission requirement and 

submit, no later than two weeks before 

the application deadline date, a written 

statement to the Department that you 

qualify for one of these exceptions. 

Further information regarding 

calculation of the date that is two weeks 

before the application deadline date is 

provided later in this section under 

Exception to Electronic Submission 

Requirement. 

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: 

• You must complete the electronic 

submission of your grant application by 

4:30:00 p.m., Washington, DC time, on 

the application deadline date. E– 

Application will not accept an 

application for this program after 

4:30:00 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 qualify for 

an exception to the electronic 

submission requirement, as described 

elsewhere in this section, and 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 

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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 e-Application 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 4:30:00 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 

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 e-Application. 

Exception to Electronic Submission 

Requirement: You qualify for an 

exception to the electronic submission 

requirement, and may submit your 

application in paper format, if you are 

unable to submit an application through 

e-Application because–– 

• You do not have access to the 

Internet; or 

• You do not have the capacity 

to upload large documents to 

e-Application; and 

• No later than two weeks before the 

application deadline date (14 calendar 

days or, if the fourteenth calendar day 

before the application deadline date 

falls on a Federal holiday, the next 

business day following the Federal 

holiday), you mail or fax a written 

statement to the Department, explaining 

which of the two grounds for an 

exception prevents you from using the 

Internet to submit your application. If 

you mail your written statement to the 

Department, it must be postmarked no 

later than two weeks before the 

application deadline date. If you fax 

your written statement to the 

Department, we must receive the faxed 

statement no later than two weeks 

before the application deadline date. 

Address and mail or fax your 

statement to: Rebecca Richey, U.S. 

Department of Education, 400 Maryland 

Avenue, SW., room 5C144, Washington, 

DC 20202–6510. Fax: (202) 260–5496. 

Your paper application must be 

submitted in accordance with the mail 

or hand delivery instructions described 

in this notice. 

b. Submission of Paper Applications 

by Mail. 

If you qualify for an exception to the 

electronic submission requirement, you 

may mail (through the U.S. Postal 

Service or a commercial carrier) your 

application to the Department. 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 84.293A), 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 qualify for an exception to the 

electronic submission requirement, you 

(or a courier service) may deliver your 

paper application to the Department by 

hand. You 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 84.293A), 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 4:30:00 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 

Selection Criteria: The selection 

criteria for this program are from 34 CFR 

75.210 of EDGAR and are listed in the 

following paragraphs. The Notes we 

have included after each criterion are 

guidance to assist applicants in 

understanding each criterion as they 

prepare their applications and are not 

required (except that Notes I and II 

under paragraph (b) and the note under 

paragraph (d) are required) by statute or 

regulation. The maximum score for all 

of these criteria is 100 points. The 

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maximum score for each criterion is 

indicated in parentheses. 

(a) Need for project. (5 points) 

The Secretary considers the need for 

the proposed project. In determining the 

need for the proposed project, the 

Secretary considers the extent to which 

specific gaps or weaknesses in services, 

infrastructure, or opportunities have 

been identified and will be addressed by 

the proposed project, including the 

nature and magnitude of those gaps or 

weaknesses. 

Notes for (a) Need for Project 

Note I: In addressing this criterion, 

applicants may want to describe how the 

proposed project will address gaps or 

weaknesses in foreign language instruction 

by conducting activities, such as increasing 

enrollment in critical foreign languages 

during the course of the grant by adding 

languages, adding grades or course levels, 

recruiting students, and expanding to 

additional schools. 

Note II: In addressing this criterion, 

applicants may also want to describe how the 

proposed project will improve instruction; 

for example, by hiring highly qualified 

teachers, improving teacher skills through 

professional development, expanding the 

curriculum, and increasing the minutes of 

instruction per day or week. 

(b) Quality of the project design. (60 

points) 

The Secretary considers the quality of 

the design of the proposed project. In 

determining the quality of the design of 

the proposed project, the Secretary 

considers the following factors: 

(1) The extent to which the design of 

the proposed project reflects up-to-date 

knowledge from research and effective 

practice. 

(2) The extent to which the goals, 

objectives, and outcomes to be achieved 

by the proposed project are clearly 

specified and measurable. 

(3) The extent to which the design for 

implementing and evaluating the 

proposed project will result in 

information to guide possible 

replication of project activities or 

strategies, including information about 

the effectiveness of the approach or 

strategies employed by the project. 

(4) The extent to which the proposed 

project is designed to build capacity and 

yield results that will extend beyond the 

period of Federal financial assistance. 

(5) The extent to which the proposed 

project will establish linkages with 

other appropriate agencies and 

organizations providing services to the 

target population. 

(6) The extent to which the design of 

the proposed project includes a 

thorough, high-quality review of the 

relevant literature, a high-quality plan 

for project implementation, and the use 

of appropriate methodological tools to 

ensure successful achievement of 

project objectives. 

Notes for (b) Quality of the Project 

Design 

Note I: Under this competition, as required 

by Public Law 111–8 (the Omnibus 

Appropriations Act, 2009), 5-year grants will 

be awarded to LEAs to work in partnership 

with one or more institutions of higher 

education (IHEs) to establish or expand 

articulated programs of study in languages 

critical to United States national security in 

order to enable successful students to achieve 

a superior level of proficiency in those 

languages. 

Note II: Please note that Title V, Part D, 

Subpart 9, section 5492 of the Elementary 

and Secondary Education Act of 1965, as 

amended, requires the establishment, 

improvement or expansion of foreign 

language study for elementary and secondary 

students; supports programs that show the 

promise of being continued beyond the grant 

period; and supports programs that 

demonstrate approaches that can be 

disseminated and duplicated in other LEAs. 

Projects supported under this program may 

also include a professional development 

component. 

Note III: In addressing this criterion, 

applicants may want to consider describing 

how the project is aligned with standards for 

foreign language learning and performance 

guidelines for K–12 learners, is articulated 

across grade levels, and is designed to ensure 

that students will, when they graduate from 

high school, have the skills needed to 

achieve a superior level of foreign language 

proficiency by the end of an undergraduate 

program. 

Note IV: In addressing this criterion, 

applicants may want to consider describing 

the specific definition to be used for an 

articulated program of study. For example: 

Each grade level of the elementary-schoolthrough-college foreign language program is 

designed to expand sequentially on the 

achievement students have made in the 

previous level, with a goal of achieving a 

superior level of language proficiency. 

Note V: In addressing this criterion, 

applicants may want to consider describing 

the specific definition to be used for a 

superior level of language proficiency. For 

example: A proficiency level of 3, as 

measured by the Federal Interagency 

Language Roundtable (ILR); or a Superior 

level, as measured by the American Council 

on the Teaching of Foreign Languages 

(ACTFL) Proficiency Guidelines, achieved by 

a student. 

Note VI: In addressing this criterion, 

applicants may want to describe planned 

assessments to be selected or developed, how 

they are standards-based and performancebased, and how they are appropriate for 

measuring student language proficiency in 

the planned model of instruction and 

targeted languages. 

Note VII: In addressing this criterion, 

applicants may want to consider describing 

a plan to carry out activities under the grant 

as part of their required partnership with one 

or more IHEs; such as including how each 

partner will be involved in the planning, 

development, and implementation of the 

project; the resources to be provided by each 

partner; the rationale for selecting the 

partner(s); and the specific activities (such as 

curriculum development, assessment 

development and professional development) 

that the partner(s) will contribute to the grant 

during each year of the project. 

Note VIII: In addressing this criterion, the 

applicant may want to describe how program 

objectives are aligned with the Government 

Performance and Results Act (GPRA) 

measures for this program. 

Notice IX: In addressing this criterion, 

applicants may want to consider discussing 

how the project design is based on a review 

of the relevant literature to include available 

curriculum and instructional materials in the 

target language. 

(c) Quality of project personnel. (10 

points) 

The Secretary considers the quality of 

the personnel who will carry out the 

proposed project. In determining the 

quality of project personnel, the 

Secretary considers the extent to which 

the applicant encourages applications 

for employment from persons who are 

members of groups that have 

traditionally been underrepresented 

based on race, color, national origin, 

gender, age, or disability. In addition, 

the Secretary considers the following 

factors: 

(1) The qualifications, including 

relevant training and experience, of the 

project director or principal 

investigator. 

(2) The qualifications, including 

relevant training and experience, of key 

project personnel. 

(d) Quality of the management plan. 

(10 points) 

The Secretary considers the quality of 

the management plan for the proposed 

project. In determining the quality of the 

management plan for the proposed 

project, the Secretary considers the 

following factors: 

(1) The adequacy of the management 

plan to achieve the objectives of the 

proposed project on time and within 

budget, including clearly defined 

responsibilities, timelines, and 

milestones for accomplishing project 

tasks. 

(2) The extent to which the time 

commitments of the project director and 

principal investigator and other key 

project personnel are appropriate and 

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Federal Register / Vol. 74, No. 75 / Tuesday, April 21, 2009 / Notices 18207 

adequate to meet the objectives of the 

proposed project. 

Note for (d) Quality of the management 

plan 

Please note that 34 CFR 75.112(b) of 

EDGAR requires an applicant to include 

a narrative that describes how and 

when, in each budget period of the 

project, the applicant plans to meet each 

project objective. 

(e) Quality of the project evaluation. 

(15 points) 

The Secretary considers the quality of 

the evaluation to be conducted of the 

proposed project. In determining the 

quality of the evaluation, the Secretary 

considers the following factors: 

(1) The extent to which the methods 

of evaluation are thorough, feasible, and 

appropriate to the goals, objectives, and 

outcomes of the proposed project. 

(2) The extent to which the methods 

of evaluation include the use of 

objective performance measures that are 

clearly related to the intended outcomes 

of the project and will produce 

quantitative and qualitative data to the 

extent possible. 

(3) The extent to which the methods 

of evaluation will provide performance 

feedback and permit periodic 

assessment of progress toward achieving 

intended outcomes. 

(4) The extent to which the evaluation 

will provide guidance about effective 

strategies suitable for replication or 

testing in other settings. 

Note for (e) Quality of the project 

evaluation 

Grantees will be expected to report on 

the progress of their evaluation through 

the required annual performance report 

as discussed in section VI.4 of this 

notice. In addressing this criterion, 

applicants may want to consider using 

the evaluation plan to shape the 

development of the project from the 

beginning of the grant period. 

Applicants also may want to include 

benchmarks to monitor progress toward 

specific project objectives, including 

ambitious student foreign language 

proficiency objectives, and outcome 

measures to assess the impact on 

teaching and learning or other important 

outcomes for project participants. 

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. Grant Administration: Applicants 

are encouraged to budget for a two-day 

meeting for project directors in 

Washington, DC and attending a FLAP 

meeting at the American Council on the 

Teaching of Foreign Languages (ACTFL) 

Conference in San Diego. 

4. Reporting: At the end of your 

project period, you must submit a final 

performance report, including financial 

information, as directed by the 

Secretary. You must also submit an 

annual performance report that provides 

the most current performance and 

financial expenditure information as 

specified by the Secretary in 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. 

5. Performance Measures: In response 

to the Government Performance and 

Results Act (GPRA), the Department 

developed three objectives for 

evaluating the overall effectiveness of 

the Foreign Language Assistance 

Program (FLAP) LEA program. Grantees 

funded under this competition will be 

expected to collect and report to the 

Department data related to these 

measures. Applicants should discuss in 

the application narrative how they 

propose to collect these data. 

Grantees under this competition are 

not expected to report on Objective 1, 

Measures 1.1 of 2 and 1.2 of 2. 

Objective 1: To expand foreign 

language study in non-critical languages 

for students served by FLAP. 

Measure 1.1 of 2: The number of 

students participating in foreign 

language instruction in the non-critical 

languages(s) in the schools funded by 

FLAP. 

Measure 1.2 of 2: The average number 

of minutes per week of foreign language 

instruction in the non-critical 

languages(s) in the schools funded by 

FLAP. 

Objective 2: To expand foreign 

language study in critical languages for 

students served by FLAP. 

Measure 2.1 of 2: The number of 

students participating in foreign 

language instruction in the critical 

language(s) in the schools funded by 

FLAP. 

Measure 2.2 of 2: The average number 

of minutes per week of foreign language 

instruction in the critical languages(s) 

provided in the schools funded by 

FLAP. 

Objective 3: To improve the foreign 

language proficiency of students served 

by FLAP. 

Measure 3.1 of 1: The number of 

students in FLAP projects who meet 

ambitious project objectives for foreign 

language proficiency. 

We will expect each LEA funded 

under this competition to document 

how its project is helping the 

Department meet these performance 

measures. Grantees will be expected to 

report on progress in meeting these 

performance measures in their Annual 

Performance Report and in their Final 

Performance Report. 

VII. Agency Contacts 

FOR FURTHER INFORMATION CONTACT: 

Rebecca Richey, U.S. Department of 

Education, 400 Maryland Avenue, SW., 

room 5C144, Washington, DC 20202– 

6510. Telephone: (202) 401–1443 or by 

e-mail: rebecca.richey@ed.gov or 

Cynthia Ryan, U.S. Department of 

Education, 400 Maryland Avenue, SW., 

room 5C140, Washington, DC 20202– 

6510. Telephone: (202) 401–1436 or by 

e-mail: cynthia.ryan@ed.gov. 

If you use a TDD, call the 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) 

on request to the program contact 

persons listed under FOR FURTHER

INFORMATION CONTACT in section VII of 

this notice. 

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 

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18208 Federal Register / Vol. 74, No. 75 / Tuesday, April 21, 2009 / Notices 

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: April 16, 2009. 

Richard Smith, 

Acting Assistant Deputy Secretary and 

Director, Office of English Language 

Acquisition, Language Enhancement, and 

Academic Achievement for Limited English 

Proficient Students. 

[FR Doc. E9–9132 Filed 4–20–09; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF EDUCATION 

Office of English Language 

Acquisition, Language Enhancement, 

and Academic Achievement for 

Limited English Proficient Students; 

Overview Information; Foreign 

Language Assistance Program—Local 

Educational Agencies 

Notice inviting applications for new 

awards for fiscal year (FY) 2009. 

Catalog of Federal Domestic 

Assistance (CFDA) Number: 84.293B. 

DATES: 

Applications Available: April 21, 

2009. 

Deadline for Notice of Intent to Apply: 

May 11, 2009. 

Deadline for Transmittal of 

Applications: May 27, 2009. 

Deadline for Intergovernmental 

Review: July 27, 2009. 

Full Text of Announcement 

I. Funding Opportunity Description 

Purpose of Program: The Foreign 

Language Assistance Program (FLAP) 

provides grants to local educational 

agencies (LEAs) for innovative model 

programs providing for the 

establishment, improvement, or 

expansion of foreign language study for 

elementary and secondary school 

students. An LEA that receives a grant 

under this program must use the funds 

to support programs that show promise 

of being continued beyond the grant 

period and demonstrate approaches that 

can be disseminated to and duplicated 

in other LEAs. Projects supported under 

this program may also include a 

professional development component. 

Priorities: This notice involves six 

competitive preference priorities and 

two invitational priorities. Competitive 

Preference Priority #1 is from the notice 

of final priority for this program 

published in the Federal Register on 

May 19, 2006 (71 FR 29228). In 

accordance with 34 CFR 

75.105(b)(2)(iv), Competitive Preference 

Priorities #2 through #6 are from section 

5493 of the Foreign Language Assistance 

Act of 2001 (20 U.S.C. 7259b). 

Competitive Preference Priority #1. 

For FY 2009 and any subsequent year in 

which we make awards from the list of 

unfunded applicants from this 

competition, this priority is a 

competitive preference priority. Under 

34 CFR 75.105(c)(2)(i) we award up to 

an additional 10 points to an 

application, depending on how well the 

application meets this priority. 

This priority is: 

Competitive Preference Priority #1— 

Critical Need Languages 

This priority supports projects that 

establish, improve, or expand foreign 

language learning, primarily during the 

traditional school day, within grade 

kindergarten through grade 12, and that 

exclusively teach one or more of the 

following less commonly taught 

languages: Arabic, Chinese, Korean, 

Japanese, Russian, and languages in the 

Indic, Iranian, and Turkic language 

families. 

Competitive Preference Priorities #2 

through #6: For FY 2009 and any 

subsequent year in which we make 

awards from the list of unfunded 

applicants from this competition, these 

priorities are competitive preference 

priorities. Under 34 CFR 75.105(c)(2)(ii) 

we give preference to an application 

that meets one or more of these 

priorities. 

Note: There is no advantage to addressing 

all of Competitive Preference Priorities #2 

through #6. Creating a program around all 

five priorities may result in an unfocused 

program design. We give preference to 

applications describing programs that meet 

any one of these priorities. 

These priorities are: 

Competitive Preference Priority #2. 

Projects that include intensive summer 

foreign language programs for 

professional development. 

Competitive Preference Priority #3. 

Projects that link non-native English 

speakers in the community with the 

schools in order to promote two-way 

language learning. 

Competitive Preference Priority #4. 

Projects that promote the sequential 

study of a foreign language for students, 

beginning in elementary schools. 

Competitive Preference Priority #5. 

Projects that make effective use of 

technology, such as computer-assisted 

instruction, language laboratories, or 

distance learning, to promote foreign 

language study. 

Competitive Preference Priority #6. 

Projects that promote innovative 

activities, such as foreign language 

immersion, partial foreign language 

immersion, or content-based 

instruction. 

Invitational Priorities: Within 

Competitive Preference Priorities #1 

through #6, we are particularly 

interested in applications that address 

the following priorities. For FY 2009 

and any subsequent year in which we 

make awards from the list of unfunded 

applicants from this competition, these 

priorities are invitational priorities. 

Under 34 CFR 75.105(c)(1) we do not 

give an application that meets one or 

more of these invitational priorities a 

competitive or absolute preference over 

other applications. 

These priorities are: 

Invitational Priority #1. 

Applicants that propose to develop 

high levels of student foreign language 

proficiency through increased 

instructional time in the foreign 

language, research-based instructional 

practices, and opportunities that 

enhance classroom instruction such as 

community-based activities and studyabroad experiences. 

Invitational Priority #2. Applicants 

that propose to collaborate with an 

institution of higher education to 

provide professional development for 

foreign language teachers, which may 

include teacher ‘‘action research’’ 

projects, coursework designed to assist 

teachers in meeting certification or 

licensure requirements, or long-term 

professional development to improve 

teacher instruction and assessment 

strategies. 

Program Authority: 20 U.S.C. 7259a– 

7259b. 

Applicable Regulations: (a) The 

Education Department General 

Administrative Regulations (EDGAR) in 

34 CFR parts 75, 77, 79, 80, 81, 82, 84, 

85, 97, 98 and 99. (b) The notice of final 

priority, published in the Federal 

Register on May 19, 2006 (71 FR 29228). 

II. Award Information 

Type of Award: Discretionary grants. 

Estimated Available Funds: 

$8,602,733. 

Contingent upon the availability of 

funds and the quality of applications, 

we may make additional awards in FY 

2010 from the list of unfunded 

applicants from this competition. 

Estimated Range of Awards: 

$100,000—$300,000. 

Estimated Average Size of Awards: 

$200,000. 

Maximum Award: We will reject any 

application that proposes a budget 

exceeding $300,000 for a single budget 

period of 12 months. The Assistant 

Deputy Secretary and Director for the 

Office of English Language Acquisition, 

Language Enhancement, and Academic 

Achievement for Limited English 

Proficient Students (OELA) may change 

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