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					                                             894                              Federal Register / Vol. 74, No. 6 / Friday, January 9, 2009 / Notices

                                             SW., LBJ, Washington, DC 20202–4537.                    e.g. new, revision, extension, existing or             of Education, 400 Maryland Avenue,
                                             Requests may also be electronically                     reinstatement; (2) Title; (3) Summary of               SW., LBJ, Washington, DC 20202–4537.
                                             mailed to the Internet address                          the collection; (4) Description of the                 Requests may also be electronically
                                             ICDocketMgr@ed.gov or faxed to 202–                     need for, and proposed use of, the                     mailed to the Internet address
                                             401–0920. Please specify the complete                   information; (5) Respondents and                       ICDocketMgr@ed.gov or faxed to 202–
                                             title of the information collection when                frequency of collection; and (6)                       401–0920. Please specify the complete
                                             making your request.                                    Reporting and/or Recordkeeping                         title of the information collection when
                                                Comments regarding burden and/or                     burden. OMB invites public comment.                    making your request.
                                             the collection activity requirements                      Dated: January 5, 2009.                                 Comments regarding burden and/or
                                             should be electronically mailed to                                                                             the collection activity requirements
                                                                                                     Angela C. Arrington,
                                             ICDocketMgr@ed.gov. Individuals who                                                                            should be electronically mailed to
                                                                                                     IC Clearance Official, Regulatory Information
                                             use a telecommunications device for the                                                                        ICDocketMgr@ed.gov. Individuals who
                                                                                                     Management Services, Office of Management.
                                             deaf (TDD) may call the Federal                                                                                use a telecommunications device for the
                                             Information Relay Service (FIRS) at 1–                  Office of Elementary and Secondary                     deaf (TDD) may call the Federal
                                             800–877–8339.                                           Education                                              Information Relay Service (FIRS) at 1–
                                             [FR Doc. E9–132 Filed 1–8–09; 8:45 am]                     Type of Review: Extension.                          800–877–8339.
                                             BILLING CODE 4000–01–P                                     Title: Rural Education Achievement                  [FR Doc. E9–179 Filed 1–8–09; 8:45 am]
                                                                                                     Program (REAP).                                        BILLING CODE 4000–01–P
                                                                                                        Frequency: Annually.
                                             DEPARTMENT OF EDUCATION                                    Affected Public: State, Local, or Tribal
                                                                                                     Gov’t, SEAs or LEAs.                                   DEPARTMENT OF EDUCATION
                                             Submission for OMB Review;                                 Reporting and Recordkeeping Hour
                                             Comment Request                                         Burden:                                                Homeless Education Disaster
                                                                                                     Responses: 5,052.                                      Assistance Program (CFDA No.
                                             AGENCY: Department of Education.                        Burden Hours: 4,830.                                   84.383A)
                                             SUMMARY: The Director, Information
                                             Collection Clearance Division,                             Abstract: This data collection is                   AGENCY: Office of Elementary and
                                             Regulatory Information Management                       pursuant to the Secretary’s authority                  Secondary Education, Department of
                                             Services, Office of Management invites                  under Part B of Title VI of the                        Education.
                                             comments on the submission for OMB                      Elementary and Secondary Education
                                                                                                                                                            ACTION: Notice inviting applications.
                                             review as required by the Paperwork                     Act (ESEA), to award funds under two
                                             Reduction Act of 1995.                                  grant programs designed to address the                 SUMMARY: The Homeless Education
                                                                                                     unique needs of rural school districts—                Disaster Assistance program is a new,
                                             DATES: Interested persons are invited to
                                                                                                     the Small, Rural School Achievement                    one-year program authorized under the
                                             submit comments on or before February                   Program (ESEA Section 6212) and the
                                             9, 2009.                                                                                                       Consolidated Security, Disaster
                                                                                                     Rural and Low-Income School Program                    Assistance, and Continuing
                                             ADDRESSES: Written comments should                      (ESEA Section 6221).
                                             be addressed to the Office of                                                                                  Appropriations Act, 2009. This program
                                                                                                        Under the Small, Rural School                       provides assistance to local educational
                                             Information and Regulatory Affairs,                     Achievement Program, the Secretary
                                             Attention: Education Desk Officer,                                                                             agencies (LEAs) or consortia of LEAs
                                                                                                     awards grants directly to eligible local               located within the same State whose
                                             Office of Management and Budget, 725                    educational agencies (LEAs) on a
                                             17th Street, NW., Room 10222, New                                                                              enrollment of homeless students has
                                                                                                     formula basis. Under the Rural and                     increased as a result of a natural disaster
                                             Executive Office Building, Washington,                  Low-income School Program, eligible
                                             DC 20503 or faxed to (202) 395–6974.                                                                           that occurred in calendar year 2008
                                                                                                     school districts are sub-recipients of                 (2008).
                                             SUPPLEMENTARY INFORMATION: Section                      funds the Department awards to SEAs
                                             3506 of the Paperwork Reduction Act of                  on a formula basis. For both grant                     DATES: Application Deadline: February
                                             1995 (44 U.S.C. Chapter 35) requires                    programs, the Department awards funds                  9, 2009, 4:30:00 p.m. Eastern time.
                                             that the Office of Management and                       based a determination of the eligibility               SUPPLEMENTARY INFORMATION: Under this
                                             Budget (OMB) provide interested                         of individual school districts and                     program, the Department will award
                                             Federal agencies and the public an early                calculating formula allocations each                   funds directly to eligible LEAs based on
                                             opportunity to comment on information                   eligible district should receive.                      demonstrated need. (Except where
                                             collection requests. OMB may amend or                      The Department has devised a two-                   specifically noted, the term LEA as used
                                             waive the requirement for public                        tier strategy to accomplish the funding                in this notice refers to a single LEA or
                                             consultation to the extent that public                  process for the REAP program: (1) the                  a consortium of LEAs located in the
                                             participation in the approval process                   Department collects from SEAs the                      same State.) In determining an LEA’s
                                             would defeat the purpose of the                         information the Department needs to                    need for assistance, the Department will
                                             information collection, violate State or                make eligibility and funds allocation                  consider the number of students
                                             Federal law, or substantially interfere                 determinations, and (2) LEAs submit                    enrolled in the LEA in kindergarten
                                             with any agency’s ability to perform its                applications for grant funding.                        through grade twelve who became
                                             statutory obligations. The IC Clearance                    Requests for copies of the information              homeless as a result of a natural disaster
                                             Official, Regulatory Information                        collection submission for OMB review                   (as defined elsewhere in this notice) that
                                             Management Services, Office of                          may be accessed from http://                           occurred in 2008. To be eligible for
                                             Management, publishes that notice                       edicsweb.ed.gov, by selecting the                      funding under this program, an LEA
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                                             containing proposed information                         ‘‘Browse Pending Collections’’ link and                (individually or in consortium) must
                                             collection requests prior to submission                 by clicking on link number 3904. When                  have at least fifty of these homeless
                                             of these requests to OMB. Each                          you access the information collection,                 students enrolled.
                                             proposed information collection,                        click on ‘‘Download Attachments ‘‘ to                     The LEA must use program funds to
                                             grouped by office, contains the                         view. Written requests for information                 support activities that are allowable
                                             following: (1) Type of review requested,                should be addressed to U.S. Department                 under section 723(d) of the McKinney-


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                                                                              Federal Register / Vol. 74, No. 6 / Friday, January 9, 2009 / Notices                                              895

                                             Vento Homeless Assistance Act (42                       enrolled in the LEA in kindergarten                    for allocating funds, would cause
                                             U.S.C. 11433(d)). The services provided                 through grade twelve who became                        extreme hardship to the beneficiaries of
                                             must comply with paragraphs (2) and                     homeless as a result of a natural disaster             the program. LEAs throughout the
                                             (3) of section 723(a) of that law, and the              that occurred in 2008. Specifically, the               country have needs and expenses
                                             LEA must comply with paragraphs (3)                     Department will calculate each LEA’s                   related to educating students who
                                             through (7) of section 722(g) of the law.               award amount based on the quotient                     became homeless as a result of natural
                                             The LEA may use program funds to                        obtained by dividing the number of its                 disasters that occurred in 2008. It is
                                             assist any homeless individual, of                      students enrolled in kindergarten                      essential, therefore, that the Department
                                             school or pre-school age in the LEA, and                through grade twelve who became                        award funding under the program at the
                                             not just those students who became                      homeless as a result of a natural disaster             earliest possible date. Furthermore, the
                                             homeless as a result of a natural                       that occurred in 2008 by the total                     legislation authorizing the program
                                             disaster. The LEA may use the funds to                  number of such students for all eligible               recognizes the need for timely awards
                                             support future activities, as well as to                LEAs submitting an application.                        and directs the Department to make
                                             reimburse itself for costs incurred in                     For consortia of LEAs that apply for                grants to LEAs on the basis of
                                             carrying out activities during 2008 or                  funds, the Department will treat each                  demonstrated need within 120 days of
                                             2009, designed to help homeless                         consortium as a single LEA when                        the date of enactment of that legislation.
                                             students enroll in, attend, or succeed in               determining grant award amounts. The                   LEAs need sufficient time to collect and
                                             school. The funds will remain available                 designated LEA that submits an                         submit data that demonstrate their need
                                             for obligation by an LEA through                        application to the Department on behalf                for assistance. In order to avoid harm
                                             September 30, 2010.                                     of the consortium members must (a)                     and hardship to applicants under the
                                               Eligible Applicants: Under this                       distribute any funds received by the                   program, and to the students they are
                                             program, eligible applicants are LEAs                   consortium to each member LEA based                    serving, the Secretary is waiving
                                             that have a total of at least fifty students            on its proportionate share of the total                rulemaking for this program.
                                             enrolled in one or more grades,                         number of children made homeless as a                     Application and Submission
                                             kindergarten through grade twelve, who                  result of a natural disaster in 2008 for               Information: To receive funding, an
                                             became homeless as a result of a natural                the consortium as a whole, or (b)                      eligible LEA must submit an application
                                             disaster that occurred during 2008. Due                 distribute the funds based on an                       electronically by the deadline
                                             to the limited amount of funding                        alternative need-based method agreed                   established in this notice. Submission of
                                             available under this program, only LEAs                 upon in writing by all member LEAs.                    an electronic application involves the
                                             or consortia that meet this minimum                        Definition of natural disaster: For                 use of the Department’s Electronic Grant
                                             threshold are eligible for a grant.                     purposes of this program, a natural                    Application System (e-Application)
                                               Required submission of eligibility                    disaster is defined as a disaster for                  accessible through the Department’s e-
                                             information: As part of its application,                which the President declared a major                   Grants system.
                                             the LEA must submit data, for which it                  disaster under title IV of the Robert T.                  You can access the electronic
                                             has verifiable and auditable                            Stafford Disaster Relief and Emergency                 application for the Homeless Education
                                             documentation, on the number of                         Assistance Act of 1974. Those disasters                Disaster Assistance program at:
                                             students enrolled in kindergarten                       are listed on the Web site of the Federal              http://e-grants.ed.gov.
                                             through grade twelve in the LEA who                     Emergency Management Agency                               Once you access this site, you will
                                             became homeless as a result of a natural                (FEMA) at http://www.fema.gov/news/                    receive specific instructions regarding
                                             disaster that occurred during 2008. If a                disasters.fema?year=2008.                              the information to include in your
                                             group of LEAs applies for these funds as                   Applicable Regulations: The                         application.
                                             a consortium, the LEA members of the                    Education Department General
                                             group must designate one member to                                                                                The regular hours of operation of the
                                                                                                     Administrative Regulations (EDGAR) in                  e-Grants Web site are 6 a.m. Monday
                                             submit with the application data on the                 34 CFR parts 75, 77, 79, 80, 81, 82, 84,
                                             number of students enrolled in                                                                                 until 7 p.m. Wednesday; and 6 a.m.
                                                                                                     85, 98, and 99.                                        Thursday until 8 p.m., Sunday
                                             kindergarten through grade twelve in all
                                             of the consortium member LEAs and                         Note: The regulations in 34 CFR part 79              (Washington, DC time). Any
                                             who became homeless as a result of a                    apply to all applicants except federally               modifications to these hours are posted
                                                                                                     recognized Indian tribes.                              on the e-grants Web site.
                                             natural disaster that occurred in 2008.
                                             For purposes of this program, the count                    Waiver of Proposed Rulemaking:                      FOR FURTHER INFORMATION CONTACT: Mr.
                                             of enrolled students who became                         Under the Administrative Procedure Act                 John McLaughlin, U.S. Department of
                                             homeless as a result of a natural disaster              (APA) (5 U.S.C. 553), the Department                   Education, 400 Maryland Avenue, SW.,
                                             that occurred in 2008 can include:                      generally offers interested parties the                room 3C130, Washington, DC 20202.
                                             Students already enrolled in the LEA                    opportunity to comment on proposed                     Telephone: (202) 260–0826 or via e-mail
                                             who became homeless due to a natural                    program requirements. Section 437(d)(2)                at john.mclaughlin@ed.gov.
                                             disaster, or students made homeless by                  of the General Education Provisions Act                   If you use a telecommunications
                                             a natural disaster who are identified as                (20 U.S.C. 1232(d)(2)), however, allows                device for the deaf (TDD), call the
                                             such at the time of enrollment in the                   the Secretary of Education to exempt                   Federal Relay Service (FRS), toll-free, at
                                             LEA.                                                    from rulemaking requirements                           1–800–877–8339.
                                               Determination of award amount:                        regulations where the Secretary                           Individuals with disabilities can
                                             Congress has appropriated $15 million                   determines that conducting rulemaking                  obtain this notice in an accessible
                                             for this program. The Department will                   would cause extreme hardship to the                    format (e.g., braille, large print,
                                             award these funds, based on                             intended beneficiaries of the program or               audiotape, or computer diskette) on
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                                             demonstrated need, to eligible LEAs that                programs affected by the regulations.                  request to the contact person listed in
                                             submit applications that meet the                          The Secretary has determined that                   this section.
                                             requirements of this notice and of the                  conducting rulemaking for the Homeless                    Electronic Access To This Document:
                                             application package. Each LEA will                      Education Disaster Assistance program,                 You may view this document, as well as
                                             receive a proportionate share of funds                  including rulemaking on an LEA’s                       other Department of Education
                                             based on the number of students                         eligibility for assistance and the process             documents published in the Federal


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                                             896                              Federal Register / Vol. 74, No. 6 / Friday, January 9, 2009 / Notices

                                             Register, in text or Adobe Portable                     Commission, 1225 New York Ave., NW.,                   organization in consecutive working
                                             Document Format (PDF) on the Internet                   Suite 1100, Washington, DC 20005, or                   groups. EAC has various important
                                             at the following site: http://www.ed.gov/               by fax at 202/566–3127. Commenters are                 constituencies that should be
                                             news/fedregister.                                       encouraged to submit comments                          represented on working groups formed
                                                To use PDF you must have Adobe                       electronically and include ‘‘Working                   under this policy. These may include
                                             Acrobat Reader, which is available free                 Group Policy’’ in the subject line, to                 state and local election officials, state
                                             at this site. If you have questions about               ensure timely receipt and consideration.               and local legislative bodies and
                                             using PDF, call the U.S. Government                       Person to Contact for Information:                   nongovernmental organizations. EAC
                                             Printing Office (GPO), toll-free, at 1–                 Bryan Whitener, Telephone: (202) 566–                  working groups must include a fairly
                                             888–293–6498; or in the Washington                      3100.                                                  balanced membership. Members of the
                                             DC, area at (202) 512–1530.                             SUPPLEMENTARY INFORMATION: The                         working group should represent a cross-
                                                Note: The official version of this document          following is the complete text of the                  section of the election or other
                                             is the document published in the Federal                proposed Working Group Policy the                      communities that are directly affected
                                             Register. Free Internet access to the official          EAC is seeking public comment on. The                  by the topic under consideration and
                                             version of the Federal Register and the Code            proposed policy may also be viewed on                  academics and/or technical experts who
                                             of Federal Regulations is available on GPO              the EAC Web site at http://www.eac.gov.                are uniquely qualified as appropriate to
                                             Access at: http://www.gpoaccess.gov/nara/                                                                      the nature and functions of the working
                                             index.html.                                             Proposed Working Group Policy                          group. The reasonable credibility of the
                                               Program Authority: Consolidated Security,             I. Purpose                                             individual and the organization
                                             Disaster Assistance, and Continuing                                                                            represented will be considered in the
                                                                                                        This document sets policy concerning
                                             Appropriations Act, 2009 at Div. B, Title I,                                                                   selection process.
                                                                                                     the use, makeup and administration of
                                             Chapter 7, Pub. L. 110–329, 122 Stat. 3595                                                                        Limited Use. Working groups should
                                                                                                     working groups. For the purposes of this
                                             (Sept. 30, 2008).                                                                                              only be used in the development of EAC
                                                                                                     policy, a working group is a collection
                                               Dated: January 6, 2009.                               of persons with unique experience and                  policy or other matters where gathering
                                             Kerri L. Briggs,                                        expertise gathered to provide their                    of a variety of technical expertise or
                                             Assistant Secretary for Elementary and                  individual opinions on matters                         stakeholder opinions are essential to
                                             Secondary Education.                                    impacting EAC’s mission. Working                       meeting agency objectives. Other
                                             [FR Doc. E9–237 Filed 1–8–09; 8:45 am]                  groups do not vote or otherwise provide                determining factors for the creation of a
                                             BILLING CODE 4000–01–P                                  a consensus opinion on matters                         working group shall include EAC’s
                                                                                                     presented. They are assembled either to                strategic plan and its annual operating
                                                                                                     provide individual advice on a common                  budget, goals and objectives. The
                                                                                                     issue or exchange information. Working                 creation of working groups shall be
                                             ELECTION ASSISTANCE COMMISSION
                                                                                                     groups are not permanent and meet only                 subject to the approval of the Executive
                                             Notice of Request for Public Comment                    for a limited purpose and time.                        Director. Any request for a working
                                             on Proposed Working Group Policy                           The United States Election Assistance               group must be submitted to the
                                                                                                     Commission (EAC) believes that seeking                 Executive Director in writing and
                                             AGENCY: United States Election                                                                                 identify the need for the working group,
                                                                                                     diverse input from qualified individuals
                                             Assistance Commission.                                  is critical to developing sound public                 the proposed charge of the working
                                             ACTION: Notice: Request for public                      policy. As EAC works meet its mission                  group, the identification of the various
                                             comment.                                                under the Help America Vote Act of                     opinions or interests that must be
                                                                                                     2002 (HAVA) and the National Voter                     represented, a proposed composition of
                                             SUMMARY: The EAC seeks public                                                                                  the group, an approximate length of
                                             comment on a proposed policy entitled                   Registration Act of 1993 (NVRA) the
                                                                                                     agency must utilize the experience of                  time that the working group will be in
                                             ‘‘Proposed Working Group Policy.’’ This                                                                        place.
                                             policy is designed to set procedures and                technical experts, election
                                                                                                     administrators and nongovernmental                        Group Focus. Any working group
                                             requirements for the formation and use
                                                                                                     organizations in developing its policies.              established by the EAC must be
                                             of working groups to assist the United
                                                                                                                                                            provided a clear focus in the form of a
                                             States Election Assistance Commission                   II. Roles and Responsibilities                         written agenda or group mandate. Staff
                                             in developing proposed policies,
                                                                                                       The Executive Director is hereby                     must be assigned to the group to
                                             including advisories, guidance,
                                                                                                     directed to develop internal procedures                facilitate discussion, maintain group
                                             opinions, regulations and rules
                                                                                                     concerning the use, make-up,                           focus and document opinion or facts
                                             regarding the implementation of the
                                                                                                     administration and product of working                  expressed.
                                             Help American Vote Act (HAVA) and
                                                                                                     groups. These procedures must reflect                     Publication of Working Group
                                             the National Voter Registration Act of
                                                                                                     and implement the policy goals adopted                 Discussion Points. In reporting on the
                                             1993 (NVRA). EAC issues this notice
                                                                                                     in this directive.                                     activities of a working group, the EAC
                                             according to a policy adopted on
                                             September 18, 2008 that requires EAC to                 III. Membership, Use and Product of                    shall capture the opinions or facts
                                             provide notice and an opportunity for                   Working Group                                          expressed by the working group and
                                             public comment on, among other things,                                                                         make that information available to the
                                                                                                       Diversity of Opinion and Membership.                 Commissioners and EAC program staff
                                             advisories being considered for                         The membership of EAC working
                                             adoption by the U.S. Election Assistance                                                                       for use in making a final policy
                                                                                                     groups shall reflect the diversity of                  determination. This information will
                                             Commission.                                             opinion on a given issue. This                         also be made available to the public.
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                                             DATES: Comments must be received by                     commitment to diversity of opinion
                                             5 p.m. EST on February 9, 2009.                         requires EAC staff to seek out new                     Gracia Hillman,
                                             ADDRESSES: Comments may be                              voices in the debate. Therefore, when                  Commissioner, U.S. Election Assistance
                                             submitted: Via e-mail at                                reasonable, EAC will openly recruit                    Commission.
                                             havainfo@eac.gov, Via mail addressed                    candidates to be considered and may                    [FR Doc. E9–197 Filed 1–8–09; 8:45 am]
                                             to the U.S. Election Assistance                         limit participation of an individual or                BILLING CODE 6820–KF–P




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