34316 Federal Register / Vol. 74, No. 134 / Wednesday, July 15, 2009 / Notices 

Executive Order 13175 

Executive Order 13175, entitled 

‘‘Consultation and Coordination with 

Indian Tribal Governments’’ (65 FR 

67249, November 6, 2000), requires 

agencies to develop an accountable 

process to ensure ‘‘meaningful and 

timely input by tribal officials in the 

development of regulatory policies that 

have tribal implications.’’ The phrase 

‘‘policies that have tribal implications’’ 

is defined in the Executive Order to 

include regulations that have 

‘‘substantial direct effects on one or 

more Indian tribes, on the relationship 

between the Federal government and 

the Indian tribes, or on the distribution 

of power and responsibilities between 

the Federal government and Indian 

tribes.’’ The proposed modification of 

NWP 21 does not have tribal 

implications. It will not have substantial 

direct effects on tribal governments, on 

the relationship between the Federal 

government and the Indian tribes, or on 

the distribution of power and 

responsibilities between the Federal 

government and Indian tribes. 

Therefore, Executive Order 13175 

does not apply to this proposal. 

However, in the spirit of Executive 

Order 13175, we specifically request 

comment from tribal officials on the 

proposed rule. 

Environmental Documentation 

A preliminary decision document, 

which includes a draft environmental 

assessment, has been prepared for the 

proposed modification of NWP 21. This 

preliminary decision document is 

available at: http://www.regulations.gov 

(docket ID number COE–2009–0032). 

It is also available by contacting 

Headquarters, U.S. Army Corps of 

Engineers, Operations and Regulatory 

Community of Practice, 441 G Street, 

NW., Washington, DC 20314–1000. 

Congressional Review Act 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, generally provides 

that before a rule may take effect, the 

agency promulgating the rule must 

submit a rule report, which includes a 

copy of the rule, to each House of the 

Congress and to the Comptroller General 

of the United States. We will submit a 

report containing the final decision 

concerning the modification of NWP 21 

and other required information to the 

U.S. Senate, the U.S. House of 

Representatives, and the Comptroller 

General of the United States. A major 

rule cannot take effect until 60 days 

after it is published in the Federal 

Register. The proposed modification of 

NWP 21 is not a ‘‘major rule’’ as defined 

by 5 U.S.C. 804(2). 

Executive Order 12898 

Executive Order 12898 requires that, 

to the greatest extent practicable and 

permitted by law, each Federal agency 

must make achieving environmental 

justice part of its mission. Executive 

Order 12898 provides that each Federal 

agency conduct its programs, policies, 

and activities that substantially affect 

human health or the environment in a 

manner that ensures that such programs, 

policies, and activities do not have the 

effect of excluding persons (including 

populations) from participation in, 

denying persons (including 

populations) the benefits of, or 

subjecting persons (including 

populations) to discrimination under 

such programs, policies, and activities 

because of their race, color, or national 

origin. 

The proposed modification of NWP 

21 is not expected to negatively impact 

human health or the environment of any 

community, and therefore is not 

expected to cause any 

disproportionately high and adverse 

human health or environmental impacts 

to minority or low-income communities. 

The purpose of the modification is to 

strengthen environmental protection for 

all communities by requiring surface 

coal mining projects in the Appalachian 

region to obtain authorization through 

individual permits. 

Executive Order 13211 

The proposed modification of NWP 

21 is not a ‘‘significant energy action’’ 

as defined in Executive Order 13211, 

‘‘Actions Concerning Regulations That 

Significantly Affect Energy Supply, 

Distribution, or Use’’ (66 FR 28355, May 

22, 2001) because it is not likely to have 

a significant adverse effect on the 

supply, distribution, or use of energy. 

Surface coal mining activities in the 

Appalachian region of Kentucky, Ohio, 

Pennsylvania, Tennessee, Virginia, and 

West Virginia that involve discharges of 

dredged or fill material into waters of 

the United States can be authorized by 

individual permits. 

Authority 

We are proposing to modify NWP 21 

under the authority of Section 404(e) of 

the Clean Water Act (33 U.S.C. 1344) 

and Section 10 of the Rivers and 

Harbors Act of 1899 (33 U.S.C. 401 et 

seq.). 

For the reasons set out in the 

preamble, the Corps proposes to modify 

Nationwide Permit 21 as follows: 

21. Surface Coal Mining Operations. 

Discharges of dredged or fill material 

into waters of the United States 

associated with surface coal mining and 

reclamation operations provided the 

activities are already authorized, or are 

currently being processed as part of an 

integrated permit processing procedure, 

by the Department of Interior (DOI), 

Office of Surface Mining (OSM), or by 

states with approved programs under 

Title V of the Surface Mining Control 

and Reclamation Act of 1977. 

This nationwide permit does not 

authorize surface coal mining activities 

in the Appalachian region of Kentucky, 

Ohio, Pennsylvania, Tennessee, 

Virginia, and West Virginia. 

Notification: The permittee must 

submit a pre-construction notification to 

the district engineer and receive written 

authorization prior to commencing the 

activity. (See general condition 27.) 

(Sections 10 and 404) 

Dated: July 10, 2009. 

Approved By: 

Michael G. Ensch, 

Chief, Operations, Directorate of Civil Works. 

[FR Doc. E9–16803 Filed 7–14–09; 8:45 am] 

BILLING CODE 3710–92–P 

DEPARTMENT OF EDUCATION 

Notice of Proposed Information 

Collection Requests 

AGENCY: Department of Education. 

SUMMARY: The 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: Interested persons are invited to 

submit comments on or before 

September 14, 2009. 

SUPPLEMENTARY INFORMATION: Section 

3506 of the Paperwork Reduction Act of 

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

that the Office of Management and 

Budget (OMB) provide interested 

Federal agencies and the public an early 

opportunity to comment on information 

collection requests. OMB may amend or 

waive the requirement for public 

consultation to the extent that public 

participation in the approval process 

would defeat the purpose of the 

information collection, violate State or 

Federal law, or substantially interfere 

with any agency’s ability to perform its 

statutory obligations. The Director, 

Information Collection Clearance 

Division, Regulatory Information 

Management Services, Office of 

Management, publishes that notice 


sroberts on DSKD5P82C1PROD with NOTICES
Federal Register / Vol. 74, No. 134 / Wednesday, July 15, 2009 / Notices 34317 

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. 

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 the respondents, including 

through the use of information 

technology. 

Dated: July 10, 2009. 

Angela C. Arrington, 

Director, Information Collection Clearance 

Division, Regulatory Information 

Management Services, Office of Management. 

Office of Elementary and Secondary 

Education 

Type of Review: New. 

Title: Indian Education Professional 

Development Grants Program: GPRA 

and Service Payback Data Collection. 

Frequency: Semi-Annually. 

Affected Public: Not-for-profit 

institutions; State, Local, or Tribal 

Gov’t, SEAs or LEAs. 

Reporting and Recordkeeping Hour 

Burden: 

Responses: 2,076. 

Burden Hours: 8,580. 

Abstract: The Office of Indian 

Education Professional Development 

(OIE PD) Grants program wishes to 

implement (1) a Semi-Annual 

Participant Report (SAPR), (2) a 

Participant Follow-Up Protocol, and (3) 

an Employment Verification survey. OIE 

PD grantees will submit participant 

contact and project service information 

on the SAPR twice a year. The OIE PD 

Grants program staff will use the 

Participant Follow-Up Protocol to 

collect employment and continuing 

education information from IE PD 

participants who are not in an approved 

and active deferment once they have 

exited the program. IE PD participants 

will initiate contact with IE PD staff 

within 6 months of exiting the PD 

program and every 6 months thereafter 

for the length of their service payback 

period to report their employment and 

continuing education information. IE PD 

participants working in a local 

educational agency enrolling 5 percent 

or more of American Indian/Alaska 

Native students will give the 

Employment Verification form to their 

principal or LEA representative to 

complete. The OIE PD grants program 

participants will submit employment 

verification forms to employers, starting 

upon employment and continuing every 

6 months thereafter. The information 

collected through the SAPR, the 

Participant Follow-Up Protocol, and the 

Employment Verification Form is 

necessary to (1) assess the performance 

of the IE PD program on its Government 

Performance Results Act (GPRA) 

measures, (2) determine if IE PD 

participants are fulfilling the terms of 

their service payback requirements, and 

(3) provide project-monitoring and 

compliance information to IE PD Grants 

program staff. 

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 4082. 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 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. E9–16820 Filed 7–14–09; 8:45 am] 

BILLING CODE 4000–01–P 

DEPARTMENT OF EDUCATION 

Notice of Proposed Information 

Collection Requests 

AGENCY: Department of Education. 

SUMMARY: The 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: Interested persons are invited to 

submit comments on or before 

September 14, 2009. 

SUPPLEMENTARY INFORMATION: Section 

3506 of the Paperwork Reduction Act of 

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

that the Office of Management and 

Budget (OMB) provide interested 

Federal agencies and the public an early 

opportunity to comment on information 

collection requests. OMB may amend or 

waive the requirement for public 

consultation to the extent that public 

participation in the approval process 

would defeat the purpose of the 

information collection, violate State or 

Federal law, or substantially interfere 

with any agency’s ability to perform its 

statutory obligations. The Director, 

Information Collection Clearance 

Division, Regulatory Information 

Management Services, Office of 

Management, publishes that notice 

containing proposed information 

collection requests prior to submission 

of these requests to OMB. Each 

proposed information collection, 

grouped by office, contains the 

following: (1) Type of review requested, 

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

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. 

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 the respondents, including 

through the use of information 

technology. 

Dated: July 10, 2009. 

Angela C. Arrington, 

Director, Information Collection Clearance 

Division, Regulatory Information 

Management Services, Office of Management. 

Office of Planning, Evaluation and 

Policy Development 

Type of Review: New. 

Title: International Experiences with 

Technology in Education. 

Frequency: One time. 

Affected Public: Federal Government. 

Reporting and Recordkeeping Hour 

Burden: 

Responses: 25. Burden Hours: 87. 


sroberts on DSKD5P82C1PROD with NOTICES