31934 Federal Register / Vol. 74, No. 127 / Monday, July 6, 2009 / Notices 

activity of the vessel or at the 

construction site when a marine 

mammal is sighted, and whether 

thrusters were in use and, if so, how 

many at the time of the sighting. 

Endangered Species Act (ESA) 

On January 12, 2007, NMFS 

concluded consultation with MARAD 

and USCG under section 7 of the ESA 

on the proposed construction and 

operation of the Neptune LNG facility 

and issued a Biological Opinion. The 

finding of that consultation was that the 

construction and operation of the 

Neptune LNG terminal may adversely 

affect, but is not likely to jeopardize, the 

continued existence of northern right, 

humpback, and fin whales, and is not 

likely to adversely affect sperm, sei, or 

blue whales and Kemp’s ridley, 

loggerhead, green, or leatherback sea 

turtles. Issuance of this IHA will not 

have any impacts beyond those 

analyzed in that consultation. 

National Environmental Policy Act 

MARAD and the USCG released a 

Final EIS/Environmental Impact Report 

(EIR) for the proposed Neptune LNG 

Deepwater Port. A notice of availability 

was published by MARAD on November 

2, 2006 (71 FR 64606). The Final EIS/ 

EIR provides detailed information on 

the proposed project facilities, 

construction methods, and analysis of 

potential impacts on marine mammals. 

NMFS was a cooperating agency in 

the preparation of the Draft and Final 

EISs based on a Memorandum of 

Understanding related to the Licensing 

of Deepwater Ports entered into by the 

U.S. Department of Commerce along 

with 10 other government agencies. On 

June 3, 2008, NMFS adopted the USCG 

and MARAD FEIS and issued a separate 

Record of Decision for issuance of 

authorizations pursuant to sections 

101(a)(5)(A) and (D) of the MMPA for 

the construction and operation of the 

Neptune LNG Port facility. 

Determinations 

NMFS has determined that the impact 

of construction and operation of the 

Neptune Port Project may result, at 

worst, in a temporary modification in 

behavior of small numbers of certain 

species of marine mammals that may be 

in close proximity to the Neptune LNG 

facility and associated pipeline during 

its construction and operation. These 

activities are expected to result in some 

local short-term displacement, resulting 

in no more than a negligible impact on 

the affected species or stocks of marine 

mammals. The provision requiring that 

the activity not have an unmitigable 

adverse impact on the availability of the 

affected species or stock for subsistence 

use does not apply for this action as 

there is no such uses of these species or 

stocks in the project area. 

This determination is supported by 

measures described earlier in this 

document under ‘‘Mitigation and 

Monitoring Measures,’’ ‘‘Reporting 

Requirements,’’ and MARAD’s ROD 

(and NMFS’ Biological Opinion on this 

action). As a result of the described 

mitigation measures, no take by injury 

or death is requested, anticipated, or 

authorized, and the potential for 

temporary or permanent hearing 

impairment is very unlikely due to the 

relatively low sound source levels (and 

consequently small zone of impact for 

hearing-related effects). The likelihood 

of such effects will be avoided through 

the incorporation of the shut-down 

mitigation measures mentioned in this 

document. While the number of marine 

mammals that may be harassed will 

depend on the distribution and 

abundance of marine mammals in the 

vicinity of the Port facility during 

construction and operation, the 

estimated number of marine mammals 

to be harassed is small. 

Authorization 

As a result of these determinations, 

NMFS has issued an IHA to Neptune for 

the taking (by Level B harassment only) 

incidental to construction and operation 

of the Neptune Port provided the 

previously mentioned mitigation, 

monitoring, and reporting requirements 

are incorporated. 

Dated: June 26, 2009. 

James H. Lecky, 

Director, Office of Protected Resources, 

National Marine Fisheries Service. 

[FR Doc. E9–15829 Filed 7–2–09; 8:45 am] 

BILLING CODE 3510–22–S 

DEPARTMENT OF DEFENSE 

Department of the Army; Corps of 

Engineers 

Intent To Prepare an Environmental 

Impact Statement for Whittier Harbor 

Navigation Improvements Feasibility 

Study 

AGENCY: Department of the Army, U.S. 

Army Corps of Engineers, DoD. 

ACTION: Notice of intent. 

SUMMARY: The U.S. Army Corps of 

Engineers (USACE) announces its 

intention to prepare an Environmental 

Impact Statement (EIS) to study the 

feasibility of expanding the existing 

moorage capacity for vessels at Whittier, 

AK. This study will be performed 

through partnership of USACE and the 

City of Whittier. The existing moorage at 

Whittier is at maximum capacity, 

resulting in overcrowded and unsafe 

conditions for harbor users. 

Additionally, the City will be unable to 

meet the growing moorage demands of 

commercial, charter, recreation, and 

subsistence vessels in the near future. 

The EIS will address potential 

environmental impacts of the 

construction, operation, and 

maintenance of the new and existing 

harbor. USACE has held scoping 

meetings in Whittier and Anchorage, 

AK, in an effort to better define the 

issues associated with Whittier Harbor. 

Scoping will be ongoing throughout the 

feasibility study process. 

DATES: Letters to interested parties will 

be mailed in July 2009, to solicit public 

comment on the feasibility study. 

Accompanying the letter will be a 

summary of comments received as a 

result of scoping meetings held on 

February 19, 2009 in Whittier, AK and 

May 7, 2009 in Anchorage, AK. 

Subsequent meetings will be held as 

necessary and advertised in local 

newspapers. 

ADDRESSES: Please direct comments or 

suggestions on the scope of the EIS to: 

Mr. Michael Salyer, NEPA Coordinator, 

U.S. Army Corps of Engineers, Alaska 

District, EN–CW–ER, P.O Box 6898, 

Elmendorf AFB, AK 99506–0898; 

Phone: 907–753–2690; Fax: (907) 753– 

2625, e-mail 

michael.9.salyer@usace.army.mil 

(please use ‘‘NOI Comments on Whittier 

Harbor’’ for the subject). 

FOR FURTHER INFORMATION CONTACT: For 

information or questions concerning the 

proposed project, contact: Mr. Bruce 

Sexauer, Plan Formulator, U.S. Army 

Corps of Engineers, Alaska District, EN– 

CW–PF, P.O. Box 6898, Elmendorf AFB, 

AK 99506–0898; Phone: 907–753–5619; 

Fax: (907) 753–2625; e-mail: 

Bruce.R.Sexauer@usace.army.mil. 

SUPPLEMENTARY INFORMATION: 

Background: The City of Whittier was 

incorporated in 1969. Whittier Harbor 

was constructed in 1970 and was 

expanded to its existing configuration in 

1980. The harbor accommodates a large 

array of commercial, charter, 

government, recreation, and subsistence 

vessels. 

This project was authorized by 

general language in section 5007 of 

Public Law 119–114, the Water 

Resources Development Act of 2007. 

Purpose and Need for Agency Action: 

The existing Whittier Harbor is utilized 

beyond its capacity. The town of 

Whittier needs to expand the existing 

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Federal Register / Vol. 74, No. 127 / Monday, July 6, 2009 / Notices 31935 

harbor to a more efficient and safe 

harbor for navigation and moorage. The 

harbor is not able to appropriately 

accommodate the needs of larger 

commercial fishing vessels. 

Overcrowding of large vessels often 

results in increased damages to the 

vessels and docks. Overcrowding is also 

a problem for smaller commercial 

fishing, charter, and recreational vessels 

that use Whittier Harbor. The turning 

radius within the harbor is inadequate 

for these larger vessels. Inadequate boat 

launching facilities are causing 

significant upland congestion and 

delays to all harbor users. 

Operators of larger vessels have 

expressed that they would be interested 

in using Whittier Harbor on a longer 

term basis if it were not as crowded and 

if suitable moorage were available. 

Many of these operators are known to 

travel as far as the Pacific Northwest for 

moorage. If suitable moorage were 

available in Whittier, they could save 

the costs of the trip back to the 

northwestern harbors in the continental 

US or other Alaska harbors. There are 

opportunities to save operating costs, 

and avoid opportunity costs of time for 

crews of these vessels by providing 

protected moorage at Whittier. 

This EIS will assess the potential 

environmental impacts of constructing, 

operating, maintaining an expanded 

and/or new harbor as well as other 

reasonable alternatives. The EIS will aid 

decision making on the Whittier Harbor 

study by evaluating the environmental 

impacts of the range of reasonable 

alternatives, as well as providing a 

means for public input into the decision 

making process. USACE is committed to 

ensuring that the public has ample 

opportunity to participate in this 

review. 

Preliminary Alternatives: Consistent 

with NEPA implementation 

requirements, this EIS will assess the 

range of reasonable alternatives 

regarding constructing, operating, and 

maintaining the proposed Whittier 

Harbor project. The following types of 

alternatives have been identified and are 

subject to modification in response to 

comments received during the public 

scoping process. 

Structural Alternatives: This set of 

alternatives will investigate and 

describe harbor construction 

alternatives for various fleet sizes. 

Rubble mound breakwaters would be 

necessary for wave protection. 

Significant dredging would be required 

for the mooring basin and entrance 

channel and the alternatives may 

require maintenance dredging. 

Nonstructural Alternatives: 

Nonstructural alternatives have not yet 

been identified at this stage of the study 

process. 

No Action Alternative: Under the ‘‘no 

action’’ alternative, the Whittier Harbor 

would continue the ‘‘status quo’’ and 

over time become more crowded and 

safety issues would elevate. 

USACE would appreciate comments 

regarding whether there are additional 

alternatives for the Whittier Harbor that 

should be considered. 

Identification of Environmental and 

Other Issues: USACE intends to address 

the following environmental issues 

when assessing the potential 

environmental impacts of the 

alternatives in this EIS. Additional 

issues may be identified as a result of 

the scoping process. USACE invites 

comment from Federal agencies; State, 

local, and tribal governments; and the 

general public on these and any other 

issues that should be considered in the 

EIS: 

• Potential impacts on health from 

the Whittier Harbor project include 

potential impacts to workers during the 

construction of the facilities. 

• Potential impacts to surface water, 

tidelands and fauna include turbidity 

from construction activities. 

• Potential impacts on air quality 

from emissions and from noise during 

harbor construction and operations. 

• Potential cumulative impacts of the 

past, present, and reasonably 

foreseeable future actions include 

impacts resulting from harbor 

construction. 

• Potential impacts to historically 

significant properties, if present, and on 

access to traditional use areas. 

• Potential impacts on local, regional, 

or national resources from materials and 

utilities required for construction and 

operation. 

• Potential impacts on ecological 

resources, including threatened and 

endangered species and water quality. 

• Potential impacts on local 

employment, income, population, 

housing, and public services from 

harbor construction and operations. 

NEPA Process: The EIS for the 

proposed project will be prepared 

pursuant to the NEPA of 1969 (42 U.S.C. 

4321 et seq.), Council on Environmental 

Quality NEPA Regulations (40 CFR parts 

1500–1508), and USACE’s NEPA 

Implementing Procedures (33 CFR parts 

230 and 325). Following the publication 

of this Notice of Intent, USACE will 

continue the scoping process, prepare 

and distribute the draft EIS for public 

review, hold public hearings to solicit 

public comment on the draft EIS, and 

publish a final EIS. Not less than 30 

days after the publication of the U.S. 

Environmental Protection Agency’s 

Notice of Availability of the final EIS, 

USACE may issue a Record of Decision 

(ROD) documenting its decision 

concerning the proposed action. 

EIS Schedule: The draft EIS is 

scheduled to be published no sooner 

than June 2010. A 45-day comment 

period on the draft EIS is planned, 

which will include public meetings to 

receive comments. Availability of the 

draft EIS, the dates of the public 

comment period, and information about 

the public hearings will be announced 

in the Federal Register and in the local 

news media. 

The final EIS for the Whittier Harbor 

project is scheduled for no sooner than 

January 2011. A ROD would be issued 

no sooner than 30 days after the U. S. 

Environmental Protection Agency notice 

of availability of the final EIS is 

published in the Federal Register. 

Dated: June 22, 2009. 

Patricia S. Opheen, 

Chief, Engineering Division. 

[FR Doc. E9–15834 Filed 7–2–09; 8:45 am] 

BILLING CODE 3720–58–P 

DEPARTMENT OF EDUCATION 

Office of Innovation and Improvement; 

Overview Information; DC School 

Choice Incentive Program; Notice 

Reopening Fiscal Year (FY) 2009 

Competition for the DC School Choice 

Incentive Program. 

Catalog of Federal Domestic Assistance 

(CFDA) Number: 84.370A. 

Summary: On April 23, 2009, we 

published in the Federal Register (74 

FR 18567) a notice inviting applications 

for new awards for FY 2009 for the DC 

School Choice Incentive Program. The 

original notice for the FY 2009 DC 

School Choice Incentive Program 

competition established a May 26, 2009, 

deadline date for eligible applicants to 

apply for funding under this program. 

The notice in the Federal Register 

required applicants for this competition 

to submit their applications in paper 

format by mail or hand delivery. The 

application package and instructions on 

the Department’s Web site, however, 

mistakenly instructed applicants to use 

the e-Grants.ed.gov Web site. Because of 

the differing instructions, we are 

reopening and establishing a new 

deadline for the submission of 

applications for the FY 2009 

competition for the DC School Choice 

Incentive Program competition. 

Applicants must refer to the notice 

inviting applications for new awards 

that was published in the Federal 

Register on April 23, 2009 (74 FR 

mstockstill on PROD1PC66 with NOTICES