32896 Federal Register / Vol. 74, No. 130 / Thursday, July 9, 2009 / Notices 

existing wharf to accommodate newer, 

larger-class vessels, which together 

would allow increased ship calls and 

throughput. The wharf extension, new 

cranes, and dredging would require a 

permit from the Corps. The proposed 

project would also increase gate and ondock rail moves. The proposed project 

would increase throughput from 

approximately 1.3 million Twenty-foot 

Equivalent Units (TEUs) in 2008 to 

approximately 3 million TEUs by 2027. 

By 2027, approximately 38 percent of 

the 3 million TEUs would travel to and 

from the terminal by on-dock rail, 7 

percent would travel to and from the 

terminal via truck to near-dock rail 

yards, and the remaining cargo would 

travel by truck to the local market (i.e., 

markets within an approximately 100- 

mile radius from the Port of Los 

Angeles). 

Although dredge material is expected 

to be disposed of at an approved upland 

site, there is the potential for disposal of 

some dredged material at an established 

ocean disposal site, which would 

require Corps authorization under 

section 103 of the MPRSA. A sampling 

and analysis program would be 

implemented to approve any offshore 

disposal of material. 

Through the EIS/EIR process, feasible 

environmental mitigation measures will 

be developed to reduce potential 

environmental impacts. Measures to 

reduce operational impacts would be 

implemented through lease 

amendments and become permit 

requirements. Measures to reduce 

construction impacts would be 

implemented through construction 

contract specifications and 

requirements. Air Quality measures 

would be consistent with or exceed the 

San Pedro Bays Clean Air Action Plan 

(CAAP) and are likely to include AMP, 

low sulfur fuel, Vessel Speed Reduction 

Program (VSRP) requirements for new 

vessel builds, and terminal equipment 

standards. 

3. Issues: There are several potential 

environmental issues that will be 

addressed in the Draft EIS/EIR. 

Additional issues may be identified 

during the scoping process. Issues 

initially identified as potentially 

significant include: 

1. Aesthetic and visual impacts from 

construction and operation; 

2. Air quality impacts from 

construction and operation of an 

expanded container terminal, including 

ship and vehicle emissions, and 

contributions to global warming and 

greenhouse gases; 

3. Biological impacts to marine and 

terrestrial wildlife; 

4. Geological issues, including 

dredging and stabilization of fill areas in 

an area of known seismic activity; 

5. Hazards and hazardous materials 

related to existing and former activities 

that have contaminated soil and 

groundwater in the Port, or pose 

hazardous risks related to ongoing 

operations, and hazards and risk of 

upset due to terrorism; 

6. Hydrology and water quality from 

disturbance of sediment, operations, 

and runoff from development; 

7. Noise from construction, existing 

and future operations, and increased 

traffic; 

8. Traffic and transportation, 

including ground transportation; and 

9. Cumulative impacts from past, 

present, and reasonably foreseeable 

future projects. 

4. Alternatives: Several alternatives 

are being considered for the proposed 

action. The Draft EIS/EIR will include a 

co-equal analysis of the project 

alternatives considered. Alternatives 

being considered for the proposed 

project include several reduced project 

alternatives; the proposed project with 

an expanded on-dock rail yard; and a 

No Project/No Federal Action 

Alternative that would not implement 

any of the project elements. For this 

project, the No Federal Action 

Alternative is the same as the No Project 

Alternative and will therefore be 

referred to and analyzed as the No 

Project/No Federal Action Alternative. 

These alternatives will be further 

formulated and developed during the 

scoping process. Additional alternatives 

that may be developed during scoping 

will also be considered in the Draft EIS/ 

EIR. 

5. Scoping Process: The Corps and the 

LAHD will jointly conduct a public 

scoping meeting for the proposed Berths 

302–306 [APL] Container Terminal 

Project Draft EIS/EIR to receive public 

comment and to 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 is 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 

August 5, 2009 at 6:00 PM (PST) at the 

Board Room in the Harbor 

Administration Building at 425 South 

Palos Verdes Street, San Pedro, CA 

90731. Written comment letters will be 

accepted until August 24, 2009. 

The Corps also anticipates consulting 

with the U.S. Fish and Wildlife Service 

under the Endangered Species Act, and 

with the National Marine Fisheries 

Service under the Magnuson-Stevens 

Fishery Conservation and Management 

Act. Additionally, the EIS/EIR will 

assess the consistency of the proposed 

action with the Coastal Zone 

Management Act and potential water 

quality impacts pursuant to Section 401 

of the Clean Water Act. 

6. Availability of the Draft EIS: The 

Draft EIS/EIR is expected to be 

published and circulated in mid-2010, 

and a public meeting will be held after 

its publication. 

Dated: June 30, 2009. 

David J. Castanon, 

Chief, Regulatory Division, Corps of 

Engineers. 

[FR Doc. E9–16231 Filed 7–8–09; 8:45 am] 

BILLING CODE 3710–KF–P 

DEPARTMENT OF EDUCATION 

Notice of Proposed Information 

Collection Requests 

AGENCY: Department of Education. 

ACTION: Notice of Proposed Information 

Collection Requests. 

SUMMARY: The Acting Director, 

Information Collection Clearance 

Division, Regulatory Information 

Management Services, Office of 

Management, invites comments on the 

proposed information collection 

requests as required by the Paperwork 

Reduction Act of 1995. 

DATES: An emergency review has been 

requested in accordance with the Act 

(44 U.S.C. Chapter 3507 (j)), since 

public harm is reasonably likely to 

result if normal clearance procedures 

are followed. Approval by the Office of 

Management and Budget (OMB) has 

been requested by July 13, 2009. A 

regular clearance process is also 

beginning. Interested persons are 

invited to submit comments on or before 

September 8, 2009. 

ADDRESSES: Written comments 

regarding the emergency review 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 

electronically mailed 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 Director of OMB provide 

interested Federal agencies and the 


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Federal Register / Vol. 74, No. 130 / Thursday, July 9, 2009 / Notices 32897 

public an early opportunity to comment 

on information collection requests. The 

Office of Management and Budget 

(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 Acting Director, 

Information Collection Clearance 

Division, Regulatory Information 

Management Services, Office of 

Management, publishes this notice 

containing proposed information 

collection requests at the beginning of 

the Departmental review of the 

information collection. 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. ED invites public 

comment. 

The Department of Education is 

especially interested in public comment 

addressing the following issues: (1) Is 

this collection necessary to the proper 

functions of the Department; (2) will 

this information be processed and used 

in a timely manner; (3) is the estimate 

of burden accurate; (4) how might the 

Department enhance the quality, utility, 

and clarity of the information to be 

collected; and (5) how might the 

Department minimize the burden of this 

collection on respondents, including 

through the use of information 

technology. 

Dated: July 6, 2009. 

James Hyler, 

Acting Director, Director, IC Clearance 

Official, Regulatory Information Management 

Services, Office of Management. 

Office of Elementary and Secondary 

Education 

Type of Review: New. 

Title: Requests for Title I, part A 

Waivers. 

Abstract: The U.S. Department of 

Education (ED) plans to issue guidance 

inviting requests for waivers related to 

the use of fiscal year (FY) 2009 Title I, 

part A funds available through the 

American Recovery and Reinvestment 

Act of 2009 (ARRA) and requests for 

waivers related to certain Title I, part A 

statutory and regulatory provisions. The 

guidance will provide information for 

State educational agencies (SEAs) on 

how they may apply to ED for waivers 

and information for local educational 

agencies (LEAs) on how they may 

implement the waivers obtained by their 

SEA. 

Additional Information: ED is 

requesting that the Office of 

Management and Budget (OMB) 

approve these information requests on 

an emergency basis, by July 13, 2009. 

Approval of these information requests 

will enable ED to consider requests to 

waive certain statutory requirements 

that relate to the use of Title I, part A 

ARRA funds. The information 

collections relate to the information that 

must be submitted to ED as part of a 

waiver request, as required by section 

9401 of the Elementary and Secondary 

Education Act (ESEA). 

In addition, the Secretary has 

reviewed the Title I, part A regulations 

that were issued in October 2008 (73 FR 

64436 (Oct. 29, 2008)) and sent a letter 

to all Chief State School Officers 

discussing those regulations. In that 

letter, the Secretary indicates that he 

will consider requests for waivers of 

certain Title I, part A regulatory 

provisions, in accordance with his 

authority under section 9401 of the 

ESEA. First, as noted in the letter, the 

Secretary intends to propose for public 

comment in a notice of proposed 

rulemaking (NPRM) a repeal of the 

provision that prohibits a State from 

approving as a provider of supplemental 

educational services (SES) a school 

identified for improvement, corrective 

action, or restructuring or a district 

identified for improvement or corrective 

action (34 CFR 200.47(b)(1)(iv)(A), (B)). 

While the rulemaking process is ongoing, the Secretary will consider a 

request to waive this requirement for 

school year (SY) 2009–10. Such a 

waiver would allow a State to approve 

as an SES provider a district or school 

in improvement. Second, the Secretary 

also will consider a request for a oneyear waiver of the requirement to 

provide notice of public school choice 

at least 14 days before the start of the 

school year if districts cannot comply 

with that requirement because of their 

State’s current assessment timeline or 

contract with its assessment vendor. 

Third, although not discussed in the 

Secretary’s letter to Chief State School 

Officers, the Secretary will consider 

requests for waivers that would allow an 

LEA to provide SES to eligible students 

attending schools in the first year of 

improvement and to count the funds 

providing SES to those students toward 

the LEA’s obligation to spend an 

amount at least equal to 20 percent of 

its Title I, part A allocation on SES and 

public school choice-related 

transportation (20 percent obligation). 

Such a waiver would waive the 

provisions in section 1116(b)(10) of the 

ESEA and 34 CFR 200.48 that limit the 

funds spent on SES that an LEA may 

count toward its 20 percent obligation to 

funds spent providing SES to eligible 

students attending schools in the second 

year of improvement, in corrective 

action, or in restructuring. 

Additionally, the Secretary will also 

consider requests to waive the 

maintenance of effort (MOE) 

requirements in sections 1120A(a) and 

9521 of the ESEA. 

With respect to requests for waivers 

related to the Title I, part A ARRA 

funds, LEAs are already working with 

their SEAs to plan Title I, part A 

activities for next year. Planning for a 

Title I, part A program typically occurs 

in the spring and summer prior to the 

next school year. Consequently, in order 

to plan effectively and on schedule, 

SEAs and LEAs cannot wait until right 

before the school year starts to know 

how to obtain these waivers. OMB 

approval on an emergency basis would 

enable ED to provide SEAs and LEAs 

with timely information about waivers 

of certain Title I, part A requirements— 

information that will be necessary as 

SEAs and LEAs make crucial decisions 

about how they will most effectively use 

Title I, part A funds, including those 

available under the ARRA, during 

summer 2009 and in SY 2009–10. If 

emergency clearance is not granted, ED 

will not be able to provide the waiver 

request information to SEAs and LEAs 

in time for them to plan successfully. 

And without proper planning, Title I, 

part A services to academically at-risk 

students, including those supported by 

the ARRA, would suffer. 

Similarly, now that States have 

received the Secretary’s letter regarding 

the Title I regulations, as soon as 

possible they need to understand the 

process for how to request a waiver and 

what information will be required to 

accompany that request. The Secretary’s 

letter indicates that ED will provide 

additional information about the 

process for submitting a waiver request 

and this waiver guidance keeps that 

commitment. The waiver process must 

begin at this time in order for States and 

LEAs to plan for their implementation 

of the public school choice notice 

requirement for SY 2009–10. In 

addition, if a school or LEA in 

improvement, corrective action, or 

restructuring is going to be able to be 

approved as an SES provider for SY 

2009–10, a waiver must be granted 

before a State completes its process for 

approving SES providers, or with 

sufficient time for the State to reopen 


rmajette on DSK29S0YB1 with NOTICES
32898 Federal Register / Vol. 74, No. 130 / Thursday, July 9, 2009 / Notices 

that process, if it chooses to do so. 

Likewise, the process for requesting 

waivers related to the provision of SES 

to eligible students attending Title I 

schools in the first year of improvement 

must begin at this time in order for 

LEAs to have sufficient time to 

appropriately plan their implementation 

of SES. In all three cases, without 

emergency approval, States and LEAs 

will not be able to take advantage of the 

flexibility the Secretary is offering 

regarding these provisions for the 

upcoming school year because ED 

would not be able to provide 

information regarding how to apply for 

a waiver until it is too late. 

Concerning MOE, in accordance with 

ED’s MOE regulations for ESEA 

programs (including Title I, part A) 

covered by the MOE requirements, 

States will soon begin identifying those 

LEAs that failed to maintain effort in SY 

2008–09. Section 9521(c) of the ESEA 

gives the Secretary the authority to 

waive the MOE requirements if an LEA 

experiences an exceptional or 

uncontrollable circumstance or 

experiences a precipitous decline in its 

financial resources. Due to the state of 

the economy during SY 2008–09, ED 

expects many more LEAs will have 

experienced a precipitous decline in 

their financial resources or an 

exceptional or uncontrollable 

circumstance than in prior years, 

causing them to miss maintaining effort 

and in turn to seek an MOE waiver from 

ED. Given these circumstances, the 

planned waiver guidance specifies the 

process States may use to obtain MOE 

waivers from ED for their LEAs. In order 

for this process to begin in a timely 

fashion, ED needs emergency approval 

of the information collection activities 

in the guidance associated with MOE 

waivers. 

Frequency: One time. 

Affected Public: State, Local, or Tribal 

Government. 

Reporting and Recordkeeping Hour 

Burden: 

Responses: 947. 

Burden Hours: 29,640. 

Requests for copies of the proposed 

information collection request may be 

accessed from http://edicsweb.ed.gov, 

by selecting the ‘‘Browse Pending 

Collections’’ link and by clicking on 

link number 4002. 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. E9–16298 Filed 7–8–09; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF EDUCATION 

Submission for OMB Review; 

Comment Request 

AGENCY: Department of Education. 

SUMMARY: The Acting 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 August 

10, 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) 395–5806 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 Acting 

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: July 6, 2009. 

James Hyler, 

Acting Director, Information Collection 

Clearance Division, Regulatory Information 

Management Services, Office of Management. 

Federal Student Aid 

Type of Review: Revision. 

Title: William D. Ford Federal Direct 

Loan Program General Forbearance 

Request. 

Frequency: On Occasion. 

Affected Public: Individuals or 

household. 

Reporting and Recordkeeping Hour 

Burden: 

Responses: 1,186,120. 

Burden Hours: 237,224. 

Abstract: Borrowers who receive 

loans through the William D. Ford 

Federal Direct Loan Program will use 

this form to request forbearance on their 

loans when they are willing but unable 

to make their currently scheduled 

monthly payments because of a 

temporary financial hardship. 

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 4025. 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. E9–16232 Filed 7–8–09; 8:45 am] 

BILLING CODE 4000–01–P 


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