53170 Federal Register / Vol. 70, No. 172 / Wednesday, September 7, 2005 / Notices 

of worsted wool fabric production 

described in HTS 9902.51.11 or 

9902.51.12, as appropriate, woven in the 

United States in each of calendar years 

1999, 2000 and 2001; and (5) the value 

of worsted wool fabric production 

described in HTS 9902.51.11 or 

9902.51.12, as appropriate, woven in the 

United States in each of calendar years 

1999, 2000 and 2001. This data must 

indicate actual production (not 

estimates) of worsted wool fabric of the 

kind described in HTS 9902.51.11 or 

9902.51.12. 

At the conclusion of the application, 

the applicant must attest that ‘‘all 

information contained in the 

application is complete and correct and 

no false claims, statements, or 

representations have been made.’’

Applicants should be aware that, 

generally, pursuant to 31 U.S.C. 3729, 

persons providing a false or fraudulent 

claims, and, pursuant to 18 U.S.C. 1001, 

persons making materially false 

statements or representations, are 

subject to civil or criminal penalties, 

respectively. 

Information that is marked ‘‘business 

confidential’’ will be protected from 

disclosure to the full extent permitted 

by law. 

Other Application Requirements: 

Complete applications must include the 

following forms and documents: CD346, Applicant for Funding Assistance; 

CD-511, Certifications Regarding 

Debarment, Suspension and Other 

Responsibility Matters; Drug-Free 

Workplace Requirements and Lobbying; 

SF-424, Application for Federal 

Assistance; and SF-424B, Assurances - 

Non-Construction Programs. The CD 

forms are available via web site: http:// 

www.osec.doc.gov/forms/direct.htm 

The SF forms are available via web site: 

http://www.whitehouse.gov/omb/grants/ 

grantslforms.html. 

This document contains collection-ofinformation requirements subject to the 

Paperwork Reduction Act (PRA). The 

use of Standard Forms 269, 424, 424A, 

424B, SF-LLL, and CD-346 has been 

approved by the Office of Management 

and Budget (OMB) under the respective 

control numbers 0348-0039, 0348-0043, 

0348-0044, 0348-0040, 0348-0046, and 

0605-0001. Notwithstanding any other 

provision of law, no person is required 

to respond to, nor shall any person be 

subject to a penalty for failure to comply 

with, a collection of information subject 

to the requirements of the PRA unless 

that collection of information displays a 

currently valid OMB control number. 

Allocation Procedures: Section 

4002(c)(6)(A) of the Act requires that 

each grant be allocated among eligible 

applicants on the basis of the percentage 

of each manufacturers’ production of 

the fabric described in HTS 9902.51.11 

or HTS 9902.51.12 for calendar years 

1999, 2000, and 2001, compared to the 

production of such fabric by all 

manufacturers who qualify for such 

grants. Following the closing date of the 

receipt of applications, the Department 

shall calculate the appropriate 

allocation of the allotted funds among 

eligible applicants in accordance with 

the statutory procedures. Award 

decisions shall be final and not subject 

to appeal or protest. 

Intergovernmental Review: 

Applications under this program are not 

subject to Executive Order 12372, 

‘‘Intergovernmental Review of Federal 

Programs’’. 

Administrative and National Policy 

Requirements: Department of Commerce 

Pre-Award Notifications for Grants and 

Cooperative Agreements, which are 

contained in the Federal Register Notice 

of December 30, 2004 (69 FR 78389), are 

applicable to this solicitation. 

It has been determined that this notice 

is not significant for purposes of E.O. 

12866. 

Administrative Procedure/Regulatory 

Flexibility: Prior notice and an 

opportunity for public comment are not 

required by the Administrative 

Procedure Act for rules concerning 

public property, loans, grants, benefits, 

and contracts (5 USC 553(a)(2)). Because 

notice and opportunity for comment are 

not required pursuant to 5 USC 553 or 

any other law, the analytical 

requirements of the Regulatory 

Flexibility Act (5 USC 601 et seq.) are 

inapplicable. Therefore, a regulatory 

flexibility analysis is not required and 

has not been prepared. 

Dated: September 2, 2005. 

James C. Leonard III, 

Deputy Assistant Secretary for Textiles and 

Apparel. 

[FR Doc.05–17826 Filed 9–2–05; 2:43 pm] 

BILLING CODE 3510–DS 

DEPARTMENT OF DEFENSE 

Corps of Engineers, Department of the 

Army 

Intent to Prepare a Draft Environmental 

Impact Statement/Environmental 

Impact Report (EIS/EIR) for a Permit 

Application for Navigation 

Modifications and Improvements as 

Part of the San Pedro Waterfront and 

Promenade Development, in the Port 

of Los Angeles, Los Angeles County, 

CA 

AGENCY: U.S. Army Corps of Engineers, 

DOD. 

ACTION: Notice of intent (NOI). 

SUMMARY: The U.S. Army Corps of 

Engineers (Corps) Los Angeles District 

in conjunction with the Los Angeles 

Harbor Department (Port) is examining 

the feasibility of various waterside 

navigation improvements as part of the 

Port’s proposed San Pedro Waterfront 

and Promenade redevelopment proposal 

in the Port of Los Angeles. The Corps is 

considering the Port’s application for a 

Department of the Army permit under 

Clean Water Act Section 404 and River 

and Harbor Act Section 10 to conduct 

dredge and fill activities and construct 

various navigation improvements 

The primary Federal involvement is 

the discharge of dredge and/or fill 

materials within waters of the United 

States, work (e.g. dredging) and 

structures in or affecting navigable 

waters of the United States, and 

potential impacts on the human 

environment from such activities. 

Therefore, in accordance with the 

National Environmental Policy Act 

(NEPA), the Corps is requiring the 

preparation of an Environmental Impact 

Statement (EIS) prior to rendering a 

final decision on the Port’s permit 

application. The Corps may ultimately 

make a determination to permit or deny 

the above project or permit or deny 

modified versions of the above project. 

Pursuant to the California 

Environmental Quality Act (CEQA), the 

Port will serve as Lead Agency for the 

Preparation of an Environmental Impact 

Report (EIR). The Corps and the Port 

have agreed to jointly prepare a Draft 

EIS/EIR for the improvements at Berth 

136–147 in order to optimize efficiency 

and avoid duplication. The Draft EIS/ 

EIR is intended to be sufficient in scope 

to address both the Federal and the state 

and local requirements and 

environmental issues concerning the 

proposed activities and permit 

approvals. 

FOR FURTHER INFORMATION CONTACT: 

Questions about the proposed action 

and Draft EIS/EIR can be answered by 

Mr. Joshua Burnam, Corps Project 

Manager, at (213) 452–3294. Comments 

shall be addressed to: U.S. Army Corps 

of Engineers, Los Angeles District, 

Regulatory Branch. ATTN: File Number 

2003–0–1142–JLB P.O. Box 532711, Los 

Angeles, CA 90053–2325, and Dr. Ralph 

Appy, Director of Environmental 

Management, Port of Los Angeles, 425 

S. Palos Verdes St., San Pedro, CA 

90731. 

SUPPLEMENTARY INFORMATION: 

1. Background. The EIS/EIR will 

assess a master development plan for 

specific development projects and 

Federal Register / Vol. 70, No. 172 / Wednesday, September 7, 2005 / Notices 53171 

associated infrastructure improvements 

for approximately 418 acres, from the 

Vincent Thomas Bridge to the federal 

breakwater within the property of the 

City of Los Angeles, Harbor Department. 

The proposed project would be 

developed over multiple phases 

throughout the next approximately 30 

years. The EIS/EIR will analyze the 

master development plan at a 

programmatic (general overview) level 

to focus on the cumulative impacts 

associated with the entire proposed 

plan. Where information is available, 

project elements proposed during Phase 

1 (Years 1—5) and Phase 2 (Years 6—

10) will be studied at a project-specific 

level of detail. Project elements 

proposed for construction in Phase 3 

(Years 11+) of the master development 

plan and other project elements for 

which data are not available will require 

an additional CEQA and NEPA 

evaluation, where appropriate, before 

construction could occur. 

2. Clean Water Act Project Purpose. 

The overall project purpose relevant to 

the Clean Water Act Section 404 is to: 

(a) Perform modifications to the 

existing shorefront, including water 

cutouts to increase water area (up to 

9.64 acres maximum) and fills, as 

needed, to reconfigure the site to 

provide for a variety of waterfront uses, 

including berthing for visiting tall ships 

and other vessels, additional marinas for 

pleasure craft, water taxi and ferry 

service, tugboats, and other recreational, 

commercial, and port-related uses, 

without impeding the public’s right to 

free navigation; 

(b) preserve or enhance natural 

systems that are already within the Port 

complex (i.e., beaches, salt marsh, 

wetlands, shallow and deep water 

habitat, and bluffs); 

(c) utilize and enhance the value of 

existing deep water in the Outer Harbor 

and Main Channel by upgrading two 

existing cruise vessel berths and 

constructing up to two new cruise 

vessel berths, each approximately 1,250 

linear feet, to accommodate projected 

future growth in the cruise ship 

industry (one of the new cruise vessel 

berths would operate 120 days per year); 

(d) create a permanent berth for 

Catalina Express and Island Express; 

and 

(e) provide for a variety of waterfront 

uses, including berthing for visiting tall 

ships and other vessels, additional 

marinas for pleasure crafts, water taxi 

and ferry service, tugboats, and other 

recreational, commercial, and portrelated uses. 

3. Issues. There are several potential 

environmental issues that will be 

addressed in the EIS/EIR. Additional 

issues may be identified during the 

scoping process. Issues initially 

identified as potentially significant 

include: 

(a) Geological issues, including 

dredging and stabilization of fill areas in 

an area of known seismic activity; 

(b) Impacts to hydrology; 

(c) Impacts to air quality; 

(d) Impacts to traffic, including 

marine navigation and ground 

transportation; 

(e) Potential for noise impacts; 

(f) Impacts to public utilities and 

services; 

(g) Potential impacts to aesthetic 

resources, including light and glare; 

(h) Potential impacts on public health 

and safety; 

(i) Cumulative impacts; and 

(j) Disposal of dredged materials. 

4. Alternatives. Alternatives initially 

being considered for the proposed 

improvement project include the 

following: 

(a) No Project/No Action. This 

alternative would not implement any of 

the elements presented in the project 

description. 

(b) No Federal Action Baseline. This 

alternative is the proposed project 

without any activity requiring a Corps 

permit. This alternative represents 

Corps’ environmental baseline. 

(c) No Federal Action Baseline with 

Cruise Ship Expansion. This alternative 

represents an additional Corps 

environmental baseline wherein LAHD 

would only receive Corps permits for 

the Cruise Ship Expansion/Modification 

features of the proposed project. This 

evaluation would allow Corps and 

LAHD to separately weigh the impact of 

the cruise ship facilities. 

(d) Reduced Density Alternative. This 

alternative would reduce the density or 

amount of development as presented in 

the project description. Results from 

LAHD-sponsored June 4, 2005 Reduced 

Development Alternative workshop, 

held in conjunction with the Port 

Community Advisory Committee and 

the San Pedro Neighborhood Councils, 

along with comments received by the 

public, would define the project 

elements included in this alternative. 

(e) Maximum Density Alternative. 

This alternative would increase the 

density, amount of development, or 

timing of development as presented in 

the project description. Comments 

received by the public and LAHD’s 

Engineering and Project Design Team 

would influence the project elements 

included in this alternative. 

5. Scoping Process. The U.S. Army 

Corps of Engineers and the Los Angeles 

Harbor Department (LAHD) will jointly 

conduct a public scoping meeting for 

the proposed From Bridge to Breakwater 

Master Development Plan for the San 

Pedro Waterfront and Promenade 

Project—Draft Environmental Impact 

Statement (EIS)/Environmental Impact 

Report (EIR) to receive public comment 

and assess public concerns regarding 

the appropriate scope and preparation 

of the Draft EIS/EIR. Participation in the 

public meeting by Federal, state, and 

local agencies and other interested 

organizations and persons are 

encouraged. This meeting will be 

conducted in both English and Spanish. 

Members of the public who wish to 

communicate and listen entirely in 

Spanish are encouraged to attend this 

meeting. The meeting will be held on 

October 11, 2005 from 6 p.m.—8:30 p.m. 

at the Los Angeles Harbor Hotel, located 

at 601 South Palos Verdes Street. Parties 

interested in being added to the Corps’

electronic mail notification list for the 

Port of Los Angeles can register at: 

http://www.spl.usace.army.mil/ 

regulatory/register.html. This list will be 

used in the future to notify the public 

about scheduled hearings and 

availability of future public notices. 

Participation in the public meeting by 

Federal, state and local agencies and 

other interested organizations and 

persons are encouraged. 

During the public scoping hearing, 

anyone wishing to make a statement 

will be allocated a certain amount of 

time to provide information on the 

proposed project. The amount of time 

each person is allowed will be directly 

dependent on the number of people 

who sign up to speak at the public 

hearing. At this time, we estimate that 

individuals will be given 3 minutes to 

provide their comments verbally. We 

would like to encourage interest groups 

to designate an official spokesperson to 

present the group’s views. We will 

allocate a larger amount of time to 

official representatives of such groups 

upon request. Groups wishing to 

designate an official representative must 

notify the Corps in writing prior to, but 

no later than October 4, 2005. The 

determination of this extended speaking 

time will be based on the number of 

responses received by the Corps. This 

rule will be strictly enforced at the 

discretion of the Corps’ hearing officer. 

Written and email comments to the 

Corps and LAHD will be received until 

October 28, 2005. Written comments 

should be sent to the address below: 

U.S. Army Corps of Engineers, Los 

Angeles District, Regulatory Branch, 

c/o Dr. Joshua Burnam, 915 Wilshire, 

Los Angeles, California 90017–3401, email: Joshua.L.Burnam@usace.army.mil. 

6. Availability of the Draft EIS/EIR. 

The joint lead agencies expect the Draft 

53172 Federal Register / Vol. 70, No. 172 / Wednesday, September 7, 2005 / Notices 

EIS/EIR to be made available to the 

public in June 2006. A public hearing 

will be held during the public comment 

period for the Draft EIS/EIR. 

Dated: August 22, 2005. 

Mark R. Blackburn, 

Lieutenant Colonel, U.S. Army, Acting District 

Engineer. 

[FR Doc. 05–17691 Filed 9–6–05; 8:45 am] 

BILLING CODE 3710–92–P 

DEPARTMENT OF EDUCATION 

Office of Special Education and 

Rehabilitative Services; List of 

Correspondence 

AGENCY: Department of Education. 

ACTION: List of correspondence from 

April 1, 2005 through June 30, 2005. 

SUMMARY: The Secretary is publishing 

the following list pursuant to section 

607(d) of the Individuals with 

Disabilities Education Act, as amended 

(IDEA). Under section 607(d) of the 

IDEA, the Secretary is required, on a 

quarterly basis, to publish in the 

Federal Register a list of 

correspondence from the Department of 

Education received by individuals 

during the previous quarter that 

describes the interpretations of the 

Department of Education (Department) 

of the IDEA or the regulations that 

implement the IDEA. 

FOR FURTHER INFORMATION CONTACT: 

Melisande Lee or JoLeta Reynolds. 

Telephone: (202) 245–7468. 

If you use a telecommunications 

device for the deaf (TDD), you may call 

the Federal Relay Service (FRS) at 1–

800–877–8339. 

Individuals with disabilities may 

obtain a copy of this notice in an 

alternative format (e.g., Braille, large 

print, audiotape, or computer diskette) 

on request to the contact persons listed 

under FOR FURTHER INFORMATION

CONTACT. 

SUPPLEMENTARY INFORMATION: The 

following list identifies correspondence 

from the Department issued from April 

1, 2005 through June 30, 2005. 

Included on the list are those letters 

that contain interpretations of the 

requirements of the IDEA and its 

implementing regulations, as well as 

letters and other documents that the 

Department believes will assist the 

public in understanding the 

requirements of the law and its 

regulations. The date of and topic 

addressed by a letter are identified, and 

summary information is also provided, 

as appropriate. To protect the privacy 

interests of the individual or individuals 

involved, personally identifiable 

information has been deleted, as 

appropriate. Most of the changes made 

to the IDEA by the Individuals with 

Disabilities Education Improvement Act 

of 2004 (IDEA 2004), which 

reauthorized and amended the IDEA, 

took effect on July 1, 2005. Because the 

letters in this list were issued prior to 

July 1, 2005, the effective date of IDEA 

2004, statutory citations in this list refer 

to the provisions of the IDEA that were 

in effect prior to July 1, 2005. 

Part B—Assistance for Education of All 

Children With Disabilities 

Section 611—Authorization; Allotment; 

Use of Funds; Authorization of 

Appropriations 

Section 619—Preschool Grants 

Topic Addressed: Allocation of 

Funds. 

• Letter dated June 20, 2005 to New 

York State Education Department 

Deputy Commissioner Dr. Rebecca Cort, 

clarifying that the New York State 

Education Department may not require 

its local educational agencies (LEAs) to 

pass through Part B funds to private 

providers or counties in the form of a 

suballocation required under New York 

law, but that at an LEA’s discretion, 

disbursements may be made to cover the 

cost of providing special education and 

related services to individual students 

with disabilities. 

Topic Addressed: Use of Funds. 

• Letter dated May 5, 2005 to Guam 

Associate Superintendent of Education 

Vincent T. Leon Guerrero, clarifying 

that Part B funds may be used to 

purchase mini buses equipped with 

wheelchair lifts operated solely to 

provide transportation services for 

eligible students with disabilities. 

• Letter dated April 5, 2005 to 

Louisiana Department of Education 

Superintendent of Education Cecil J. 

Picard, approving the State’s request to 

use Part B funds to purchase computer 

equipment and software to improve 

educational services for students with 

disabilities in the State’s residential 

programs. 

Section 612—State Eligibility 

Topic Addressed: Children with 

disabilities placed in private schools by 

their parents. 

• Office of Special Education 

Programs Memorandum 05–09 dated 

June 27, 2005 to Chief State School 

Officers, regarding significant statutory 

changes made by IDEA 2004 governing 

the obligations of LEAs to parentallyplaced private school children with 

disabilities attending private schools in 

the LEA’s area of jurisdiction and 

announcing that for the 2005–06 school 

year only, the Secretary will allow 

States and LEAs to use the best available 

data in calculating the proportionate 

amount of Federal funds to be expended 

on services for parentally-placed private 

school children with disabilities, in lieu 

of conducting new child counts. 

Topic Addressed: Participation of 

children with disabilities in state and 

district-wide assessments. 

• Letter dated June 22, 2005 to New 

Mexico Public Education Department 

Director of Special Education Denise 

Koscielniak, clarifying that IDEA 

requirements governing the 

participation of children with 

disabilities in State and districtwide 

assessments are applicable to New 

Mexico’s kindergarten screening 

program. 

Section 613—Local Educational Agency 

Eligibility 

Topic Addressed: Charter schools. 

• Letter dated June 3, 2005 to Arizona 

Attorney Mary Ellen Simonson, 

regarding the Department’s audit 

determination that for-profit charter 

schools are not eligible to receive funds 

under IDEA or Title I Part A of the 

Elementary and Secondary Education 

Act. 

Part C—Infants and Toddlers With 

Disabilities 

Section 636—Individualized Family 

Service Plan 

Topic Addressed: Natural 

environments. 

• Letter dated June 7, 2005 to 

Washington Infant and Toddler Early 

Intervention Program Director Sandy L. 

Morris, regarding the natural 

environments requirements in Part C of 

IDEA, and clarifying that IDEA 2004 

continues the Department’s 

longstanding interpretation that early 

intervention services must be provided 

in a natural environment, unless a 

written justification exists for providing 

these services in other settings. 

Electronic Access to This Document 

You may view this document, as well 

as all other Department of Education 

documents 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/index.html. 

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.