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Code · REGISTER · 2006-01-23 · Corporation for National and Community Service · Notices

Notices. Notice

24,346 words·~111 min read·/register/2006/01/23/06-578

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

BILLING CODE 6355-01-M CORPORATION FOR NATIONAL AND COMMUNITY SERVICE Information Collection Currently Approved Through Emergency Clearance; Comment Request AGENCY: Corporation for National and Community Service. ACTION: Notice. SUMMARY: The Corporation for National and Community Service (hereinafter the “Corporation”), as part of its continuing effort to reduce paperwork and respondent burden, conducts a pre-clearance consultation program to provide the general public and federal agencies with an opportunity to comment on proposed and/or continuing collections of information in accordance with the Paperwork Reduction Act of 1995 (PRA95) (44 U.S.C. 3506(c)(2)(A)).
This program helps to ensure that requested data can be provided in the desired format, reporting burden (time and financial resources) is minimized, collection instruments are clearly understood, and the impact of collection requirement on respondents can be properly assessed. Currently, the Corporation is soliciting comments concerning its proposed renewal of its Disaster Response Database (DRD). The DRD is a data collection tool that allows the Corporation to collect information from its programs and grantees on disaster response activities across the country.
This tool serves as a central repository of information on Corporation disaster response activities for reporting to the public. Copies of the information collection requests can be obtained by contacting the office listed in the address section of this notice. DATES: Written comments must be submitted to the individual and office listed in the ADDRESSES section by March 24, 2006. ADDRESSES: You may submit comments, identified by the title of the information collection activity, by any of the following methods:
(1)By mail sent to: Corporation for National and Community Service, Learn and Serve America; Attention Phil Shaw, Program Assistant; 1201 New York Avenue, NW., 10th Floor, Washington, DC 20525.
(2)By hand delivery or by courier to the Corporation's mailroom at Room 8100 at the mail address given in paragraph
(1)above, between 9 a.m. and 4 p.m. Monday through Friday, except Federal holidays.
(3)By fax to:
(202)606-3462, Attention Phil Shaw, Program Assistant.
(4)Electronically through the Corporation's email address system: *pshaw@cns.gov* . FOR FURTHER INFORMATION CONTACT: Phil Shaw,
(202)606-6697 or by e-mail at *pshaw@cns.gov* . SUPPLEMENTARY INFORMATION: The Corporation is particularly interested in comments that: • Evaluate whether the proposed collection of information is necessary for the proper performance of the functions of the Corporation, including whether the information will have practical utility; • Evaluate the accuracy of the agency's estimate of the burden of the proposed collection of information, including the validity of the methodology and assumptions used; • Enhance the quality, utility, and clarity of the information to be collected; and • Minimize the burden of the collection of information on those who are expected to respond, including the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology ( *e.g.* , permitting electronic submissions of responses). Background The Corporation for National and Community service regularly engages its national service programs and grantees to respond to disasters as a part of its mandate to promote community service and meet community needs. The great number of national service participants and variety of support offered necessitates a centralized reporting tool to track and measure resources dedicated to supporting communities recovering from disaster. Current Action The Corporation seeks to renew the data collection, which was originally approved through emergency clearance. The database is a web-based system that permits programs and grantees to report contributions to disaster responses. No changes are being made to the currently approved database. The Corporation also seeks to continue using the current application until the revised application is approved by OMB. The current application is due to expire on April 30, 2006. *Type of Review:* Renewal with revisions of an information collection currently approved through emergency clearance. *Agency* Corporation for National and Community Service. *Title:* Disaster Relief Information Collection. *OMB Number:* 3045-0114. *Agency Number:* None. *Affected Public:* Corporation for National and Community Service programs/grantees involved in disaster activities. *Total Respondents:* 600. *Frequency:* Every two weeks. *Average Time Per Response:* 20 minutes. *Estimated Total Burden Hours:* 200 hours. *Total Burden Cost (capital/startup):* None. *Total Burden Cost (operating/maintenance):* None. Comments submitted in response to this notice will be summarized and/or included in the request for Office of Management and Budget approval of the information collection request; they will also become a matter of public record. Dated: January 17, 2006. Elizabeth D. Seale, Chief Operations Officer, Corporation for National and Community Service. [FR Doc. E6-712 Filed 1-20-06; 8:45 am] BILLING CODE 6050-$$-P DEPARTMENT OF EDUCATION Submission for OMB Review; Comment Request AGENCY: Department of Education. SUMMARY: The IC Clearance Official, Regulatory Information Management Services, Office of the Chief Information Officer 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 February 22, 2006. ADDRESSES: Written comments should be addressed to the Office of Information and Regulatory Affairs, Attention: Rachel Potter, Desk Officer, Department of Education, Office of Management and Budget, 725 17th Street, NW., Room 10222, New Executive Office Building, Washington, DC 20503 or faxed to
(202)395-6974. 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 IC Clearance Official, Regulatory Information Management Services, Office of the Chief Information Officer, 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: January 17, 2006. Angela C. Arrington, IC Clearance Official, Regulatory Information Management Services, Office of the Chief Information Officer. Office of Planning, Evaluation and Policy Development *Type of Review:* Revision. *Title:* Longitudinal Analysis of Comprehensive School Reform Implementation and Outcomes (LACIO). *Frequency:* Annually. *Affected Public:* State, Local, or Tribal Gov't, SEAs or LEAs. *Reporting and Recordkeeping Hour Burden:* *Responses:* 15,455. Burden Hours: 10,774. *Abstract:* This evaluation assesses the accomplishments of the CSR program in implementing school reform and thereby improving student achievement. The evaluation also makes a preliminary assessment of the conditions influencing the sustainability of reforms once federal CSR funding ends. The evaluation uses a variety of data sources to understand the complex interplay of state policies, school districts, educational support, and CSR school conditions affecting CSR implementation and outcomes. The major evaluation questions are:
(1)To what extent have CSR-supported schools made gains on state assessments in comparison to gains for schools in the same state with similar characteristics;
(2)How effective is CSR support for reform;
(3)How have district policies and state policies affected CSR implementation and comprehensive school reform;
(4)What implications can be drawn from CSR implementation and outcomes for reform in Title I schoolwides; and
(5)How effective are various school reform activities in secondary schools, and to what extent can school progress be linked to comprehensive school reform. A mixed method approach will be used to collect appropriate data for addressing each evaluation question. The methods include mail surveys of 500 CSR program and non-CSR program schools, online surveys of 50 states and 65 school districts, and case studies of 40 “sites” to produce an understanding of the dynamic of the actual relationships among school, district, and state actions, policies, and practices (each “site” consists of a CSR school and matched comparison school as well as the district, state, and support infrastructure in which the schools operate). Evaluators will be able to link information from these various sources in order to provide policymakers and other stakeholders with coherent findings. 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 2938. 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., Potomac Center, 9th Floor, Washington, DC 20202-4700. Requests may also be electronically mailed to IC *DocketMgr@ed.gov* or faxed to 202-245-6623. 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 the e-mail address IC *DocketMgr@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. E6-685 Filed 1-20-06; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF EDUCATION Submission for OMB Review; Comment Request AGENCY: Department of Education. SUMMARY: The IC Clearance Official, Regulatory Information Management Services, Office of the Chief Information Officer 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 February 22, 2006. ADDRESSES: Written comments should be addressed to the Office of Information and Regulatory Affairs, Attention: Rachel Potter, Desk Officer, Department of Education, Office of Management and Budget, 725 17th Street, NW., Room 10222, New Executive Office Building, Washington, DC 20503 or faxed to
(202)395-6974. 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 IC Clearance Official, Regulatory Information Management Services, Office of the Chief Information Officer, 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: January 13, 2006. Angela C. Arrington, IC Clearance Official, Regulatory Information Management Services, Office of the Chief Information Officer. Office of Planning, Evaluation and Policy Development *Type of Review:* New. *Title:* 21st Century Community Learning Centers Program Quality Study. *Frequency:* On Occasion. *Affected Public:* State, Local, or Tribal Gov't, SEAs or LEAs; Not-for-profit institutions. *Reporting and Recordkeeping Hour Burden:* *Responses:* 624. *Burden Hours:* 1,055. *Abstract:* SRI International and Policy Studies Associates have been contracted by the U.S. Department of Education's Policy and Program Studies Service to conduct an evaluation to examine quality programming considering the current research base, program structure and the academic content. SRI and PSA will collect survey and qualitative data to assess the quality of practice in a variety of 21st CCLC centers. The findings from this evaluation will provide a comprehensive picture of how 21st CCLC programs are being implemented under NCLB for students who attend underperforming schools in low-income communities. 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 2921. 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., Potomac Center, 9th Floor, Washington, DC 20202-4700. Requests may also be electronically mailed to *IC DocketMgr@ed.gov* or faxed to 202-245-6623. 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 *IC DocketMgr@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. E6-686 Filed 1-20-06; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF EDUCATION Office of Elementary and Secondary Education; Overview Information; Native Hawaiian Education Program; Notice Inviting Applications for New Awards for Fiscal Year
(FY)2006 *Catalog of Federal Domestic Assistance
(CFDA)Number: 84.362A.* *Dates: Applications Available:* January 23, 2006. *Deadline for Transmittal of Applications:* March 24, 2006. *Eligible Applicants:* Native Hawaiian educational organizations; Native Hawaiian community-based organizations; public and private nonprofit organizations, agencies, and institutions with experience in developing or operating Native Hawaiian programs or programs of instruction in the Native Hawaiian language, and consortia of the previously mentioned organizations, agencies, and institutions. *Estimated Available Funds:* $9,500,000. Contingent upon the availability of funds and quality of applications, the Secretary may make additional awards for FY 2007 from the list of unfunded applicants from this competition. *Estimated Range of Awards:* $375,000—$1,100,000. *Estimated Average Size of Awards:* $450,000 (The size of the awards will be commensurate with the nature and scope of the work proposed). *Estimated Number of Awards:* 21. Note: The Department is not bound by any estimates in this notice. *Project Period:* Up to 36 months. Full Text of Announcement I. Funding Opportunity Description *Purpose of Program:* The purpose of the Native Hawaiian Education program is to support innovative projects that enhance the educational services provided to Native Hawaiian children and adults. These projects may include those activities authorized under section 7205(a)(3) of the Elementary and Secondary Education Act of 1965, as amended (ESEA). *Priorities:* In accordance with 34 CFR 75.105(b)(2)(iv), the following competitive preference priorities are from section 7205(a)(2) of the ESEA. *Competitive Preference Priorities:* For FY 2006, and any subsequent year in which we make awards based on the list of unfunded applicants from this competition, these priorities are competitive preference priorities. Under 34 CFR 75.105(c)(2)(i) we award a maximum of 5 points (total) to an application, depending on the extent to which the application meets one or more of these priorities. The Secretary will give a competitive preference to applicants proposing projects that are designed to address one or more of the following:
(a)Beginning reading and literacy among students in kindergarten through third grade;
(b)The needs of at-risk children and youth;
(c)The needs in fields or disciplines in which Native Hawaiians are underemployed; and
(d)The use of the Hawaiian language in instruction. Note: In order to receive additional points under a competitive preference priority, an application should provide adequate and sufficient information that clearly substantiates its claim that it meets each priority addressed. *Program Authority:* 20 U.S.C. 7515-7517; Departments of Labor, Health and Human Services, and Education, and Related Agencies Appropriations Act, 2006 (Public Law 109-149). *Applicable Regulations:* The Education Department General Administrative Regulations (EDGAR) in 34 CFR parts 74, 75, 77, 80, 81, 82, 84, 85, 86, 97, 98, and 99. ] Note: The regulations in 34 CFR part 86 apply to institutions of higher education only. II. Award Information *Type of Award:* Discretionary grant. *Estimated Available Funds:* $9,500,000. Contingent upon the availability of funds and quality of applications, the Secretary may make additional awards for FY 2007 from the list of unfunded applicants from this competition. *Estimated Range of Awards:* $375,000 - $1,100,000. *Estimated Average Size of Awards:* $450,000 (The size of the awards will be commensurate with the nature and scope of the work proposed). *Estimated Number of Awards:* 21. Note: The Department is not bound by any estimates in this notice. *Project Period:* Up to 36 months. III. Eligibility Information 1. *Eligible Applicants:* Native Hawaiian educational organizations; Native Hawaiian community-based organizations; public and private nonprofit organizations, agencies, and institutions with experience in developing or operating Native Hawaiian programs or programs of instruction in the Native Hawaiian language; and consortia of the previously mentioned organizations, agencies, and institutions. 2. *Cost Sharing or Matching:* This competition does not involve cost sharing or matching requirements, but the program does have a supplement-not-supplant funding requirement. Funds made available under this program may be used only to supplement and expand programs and authorities in the area of education to further the purposes of the Native Hawaiian Education program (section 7203(3) of the ESEA). IV. Application and Submission Information 1. *Address to Request Application Package:* To obtain a copy of the application package via the Internet use the following address: *http://www.ed.gov/programs/nathawaiian/applicant.html* Individuals may also obtain a copy of the application package by contacting the program contact persons listed in this section. Address and mail your request for information to: Beth Fine, U.S. Department of Education, 400 Maryland Avenue, SW., Room 3W223, Washington, DC 20202-6200. Telephone:
(202)260-1091 or by e-mail: *beth.fine@ed.gov* or Francisco Ramirez, U.S. Department of Education, 400 Maryland Avenue, SW., Room 3W225, Washington, DC 20202-6200. Telephone:
(202)260-1541 or by e-mail: *francisco.ramirez@ed.gov* If you use a telecommunications device for the deaf (TDD), you may call the Federal Relay Service
(FRS)at 1-800-877-8339. Individuals with disabilities may obtain a copy of the application package in an alternative format (e.g., Braille, large print, audiotape, or computer diskette) by contacting the program contact persons listed in this section. 2. *Content and Form of Application Submission:* Requirements concerning the content of an application, together with the forms you must submit, are in the application package for this competition. Page Limit: The application narrative is where you, the applicant, address the selection criteria that reviewers use to evaluate your application. Applicants are strongly encouraged to limit the application narrative (text plus all figures, charts, tables, and diagrams) to the equivalent of no more than 25 pages, using the following standards: • A “page” is 8.5″ x 11″, on one side only, with 1″ margins at the top, bottom, and both sides. • Double space (no more than three lines per vertical inch) all text in the application narrative, except titles, headings, footnotes, quotations, references, captions, and all text in charts, tables, and graphs. • Use one of the following fonts: Times New Roman, Courier, Courier New, or Arial. • Use size 12-point font. • Begin numbering at the right bottom of the first page in Arabic numerals (“1”) and number the pages consecutively throughout the document. • Include all critical information in the program narrative. The recommended page limit does not apply to the cover sheet; the budget section, including the budget narrative justification; the assurances and certifications; the project abstract; the resumes; and the appendices. 3. *Submission Dates and Times:* *Applications Available:* January 23, 2006. *Deadline for Transmittal of Applications:* March 24, 2006. Applications for grants under this competition must be submitted electronically using the Grants.gov Apply site (Grants.gov). For information (including dates and times) about how to submit your application electronically or by mail or hand delivery if you qualify for an exception to the electronic submission requirement, please refer to section IV.6. *Other Submission Requirements* in this notice. We do not consider an application that does not comply with the deadline requirements. 4. *Intergovernmental Review:* This competition is not subject to Executive Order 12372 and the regulations in 34 CFR part 79. 5. *Funding Restrictions:* This program has a statutory requirement prohibiting the use of Federal funds to supplant non-Federal funds. Under 34 CFR 75.563, if a grantee decides to charge indirect costs to a program with this type of statutory requirement, the grantee shall use a restricted indirect cost rate computed under 34 CFR 76.564 through 76.569. Also, under section 7205(b) of the ESEA, not more than five percent of funds provided to a grantee under this competition for any fiscal year may be used for administrative purposes. We reference additional regulations outlining funding restrictions in the *Applicable Regulations* section of this notice. 6. *Other Submission Requirements:* Applications for grants under this competition must be submitted electronically unless you qualify for an exception to this requirement in accordance with the instructions in this section. a. *Electronic Submission of Applications.* Applications for grants under the Native Hawaiian Education Program—CFDA Number 84.362A must be submitted electronically using the Grants.gov Apply site at: *http://www.grants.gov* . Through this site, you will be able to download a copy of the application package, complete it offline, and then upload and submit your application. You may not e-mail an electronic copy of a grant application to us. We will reject your application if you submit it in paper format unless, as described elsewhere in this section, you qualify for one of the exceptions to the electronic submission requirement *and* submit, no later than two weeks before the application deadline date, a written statement to the Department that you qualify for one of these exceptions. Further information regarding calculation of the date that is two weeks before the application deadline date is provided later in this section under *Exception to Electronic Submission Requirement.* You may access the electronic grant application for the Native Hawaiian Education Program at: *http://www.grants.gov.* You must search for the downloadable application package for this program by the CFDA number. Do not include the CFDA number's alpha suffix in your search. Please note the following: • When you enter the Grants.gov site, you will find information about submitting an application electronically through the site, as well as the hours of operation. • Applications received by Grants.gov are time and date stamped. Your application must be fully uploaded and submitted, and must be date/time stamped by the Grants.gov system no later than 4:30 p.m., Washington, DC time, on the application deadline date. Except as otherwise noted in this section, we will not consider your application if it is date/time stamped by the Grants.gov system later than 4:30 p.m., Washington, DC time, on the application deadline date. When we retrieve your application from Grants.gov, we will notify you if we are rejecting your application because it was date/time stamped by the Grants.gov system after 4:30 p.m., Washington, DC time, on the application deadline date. • The amount of time it can take to upload an application will vary depending on a variety of factors including the size of the application and the speed of your Internet connection. Therefore, we strongly recommend that you do not wait until the application deadline date to begin the submission process through Grants.gov. • You should review and follow the Education Submission Procedures for submitting an application through Grants.gov that are included in the application package for this competition to ensure that you submit your application in a timely manner to the Grants.gov system. You can also find the Education Submission Procedures pertaining to Grants.gov at *http://e-Grants.ed.gov/help/GrantsgovSubmissionProcedures.pdf* • To submit your application via Grants.gov, you must complete all of the steps in the Grants.gov registration process (see *http://www.Grants.gov/GetStarted* ). These steps include
(1)registering your organization,
(2)registering yourself as an Authorized Organization Representative (AOR), and
(3)getting authorized as an AOR by your organization. Details on these steps are outlined in the new Grants.gov 3-Step Registration Guide (see *http://www.grants.gov/assets/GrantsgovCoBrandBrochure8X11.pdf* ). You must also provide on your application the same D-U-N-S Number used with this registration. Please note that the registration process may take five or more business days to complete, and you must have completed all registration steps to allow you to successfully submit an application via Grants.gov. • You will not receive additional point value because you submit your application in electronic format, nor will we penalize you if you qualify for an exception to the electronic submission requirement, as described elsewhere in this section, and submit your application in paper format. • You must submit all documents electronically, including all information typically included on the Application for Federal Education Assistance (ED 424), Budget Information—Non-Construction Programs (ED 524), and all necessary assurances and certifications. You must attach any narrative sections of your application as files in a .DOC (document), .RTF (rich text), or .PDF (Portable Document) format. If you upload a file type other than the three file types specified above or submit a password-protected file, we will not review that material. • Your electronic application must comply with any page limit requirements described in this notice. • After you electronically submit your application, you will receive an automatic acknowledgement from Grants.gov that contains a Grants.gov tracking number. The Department will retrieve your application from Grants.gov and send you a second confirmation by e-mail that will include a PR/Award number (an ED-specified identifying number unique to your application). • We may request that you provide us original signatures on forms at a later date. *Application Deadline Date Extension in Case of Technical Issues with the Grants.gov System:* If you are prevented from electronically submitting your application on the application deadline date because of technical problems with the Grants.gov system, we will grant you an extension until 4:30 p.m., Washington, DC time, the following business day to enable you to transmit your application electronically, or by hand delivery. You also may mail your application by following the mailing instructions as described elsewhere in this notice. If you submit an application after 4:30 p.m., Washington, DC time, on the deadline date, please contact the person listed elsewhere in this notice under FOR FURTHER INFORMATION CONTACT , and provide an explanation of the technical problem you experienced with Grants.gov, along with the Grants.gov Support Desk Case Number (if available). We will accept your application if we can confirm that a technical problem occurred with the Grants.gov system and that that problem affected your ability to submit your application by 4:30 p.m., Washington, DC time, on the application deadline date. The Department will contact you after a determination is made on whether your application will be accepted. Note: Extensions referred to in this section apply only to the unavailability of or technical problems with the Grants.gov system. We will not grant you an extension if you failed to fully register to submit your application to Grants.gov before the deadline date and time or if the technical problem you experienced is unrelated to the Grants.gov system. *Exception to Electronic Submission Requirement:* You qualify for an exception to the electronic submission requirement, and may submit your application in paper format, if you are unable to submit an application through the Grants.gov system because— • You do not have access to the Internet; or • You do not have the capacity to upload large documents to the Grants.gov system; and • No later than two weeks before the application deadline date (14 calendar days or, if the fourteenth calendar day before the application deadline date falls on a Federal holiday, the next business day following the Federal holiday), you mail or fax a written statement to the Department, explaining which of the two grounds for an exception prevent you from using the Internet to submit your application. If you mail your written statement to the Department, it must be postmarked no later than two weeks before the application deadline date. If you fax your written statement to the Department, we must receive the faxed statement no later than two weeks before the application deadline date. Address and mail or fax your statement to: Beth Fine, U.S. Department of Education, 400 Maryland Ave., SW., Room 3W223, Washington, DC 20202-6200 or Francisco Ramirez, U.S. Department of Education, 400 Maryland Ave., SW., Room 3W225, Washington, DC 20202-6200. FAX:
(202)260-8969. Your paper application must be submitted in accordance with the mail or hand delivery instructions described in this notice. b. *Submission of Paper Applications by Mail.* If you qualify for an exception to the electronic submission requirement, you may mail (through the U.S. Postal Service or a commercial carrier) your application to the Department. You must mail the original and two copies of your application, on or before the application deadline date, to the Department at the applicable following address: *By mail through the U.S. Postal Service:* U.S. Department of Education, Application Control Center, Attention: (CFDA Number 84.362A), 400 Maryland Avenue, SW., Washington, DC 20202-4260. or *By mail through a commercial carrier:* U.S. Department of Education, Application Control Center—Stop 4260, Attention: (CFDA Number 84.362A), 7100 Old Landover Road, Landover, MD 20785-1506. Regardless of which address you use, you must show proof of mailing consisting of one of the following:
(1)A legibly dated U.S. Postal Service postmark,
(2)A legible mail receipt with the date of mailing stamped by the U.S. Postal Service,
(3)A dated shipping label, invoice, or receipt from a commercial carrier, or
(4)Any other proof of mailing acceptable to the Secretary of the U.S. Department of Education. If you mail your application through the U.S. Postal Service, we do not accept either of the following as proof of mailing:
(1)A private metered postmark, or
(2)A mail receipt that is not dated by the U.S. Postal Service. If your application is postmarked after the application deadline date, we will not consider your application. Note: The U.S. Postal Service does not uniformly provide a dated postmark. Before relying on this method, you should check with your local post office. c. *Submission of Paper Applications by Hand Delivery.* If you qualify for an exception to the electronic submission requirement, you (or a courier service) may deliver your paper application to the Department by hand. You must deliver the original and two copies of your application by hand, on or before the application deadline date, to the Department at the following address: U.S. Department of Education, Application Control Center, Attention: (CFDA Number 84.362A), 550 12th Street, SW., Room 7041, Potomac Center Plaza, Washington, DC 20202-4260. The Application Control Center accepts hand deliveries daily between 8 a.m. and 4:30 p.m., Washington, DC time, except Saturdays, Sundays, and Federal holidays. Note for Mail or Hand Delivery of Paper Applications: If you mail or hand deliver your application to the Department:
(1)You must indicate on the envelope and—if not provided by the Department—in Item 4 of the Application for Federal Education Assistance (ED 424) the CFDA number—and suffix letter, if any—of the competition under which you are submitting your application.
(2)The Application Control Center will mail a grant application receipt acknowledgment to you. If you do not receive the grant application receipt acknowledgment within 15 business days from the application deadline date, you should call the U.S. Department of Education Application Control Center at
(202)245-6288. V. Application Review Information 1. *Selection Criteria:* The selection criteria for this competition are from 34 CFR 75.210 of EDGAR and are listed in the application package. The maximum possible score for this competition is 105 points (100 points under the selection criteria and 5 points under the competitive preference) The maximum possible points for each criterion are as follows: a. Significance and Need for Project (15 points) b. Quality of the Project Design (30 points) c. Quality of Project Personnel (10 points) d. Adequacy of Resources (15 points) e. Quality of the Management Plan (15 points) f. Quality of the Project Evaluation (15 points) VI. Award Administration Information 1. *Award Notices:* If your application is successful, we notify your U.S. Representative and U.S. Senators and send you a Grant Award Notification (GAN). We may also notify you informally. If your application is not evaluated or not selected for funding, we notify you. 2. *Administrative and National Policy Requirements:* We identify administrative and national policy requirements in the application package and reference these and other requirements in the *Applicable Regulations* section of this notice. We reference the regulations outlining the terms and conditions of an award in the *Applicable Regulations* section of this notice and include these and other specific conditions in the GAN. The GAN also incorporates your approved application as part of your binding commitments under the grant. 3. *Reporting:* At the end of your project period, you must submit a final performance report, including financial information, as directed by the Secretary. If you receive a multi-year award, you must submit an annual performance report that provides the most current performance and financial expenditure information as specified by the Secretary in 34 CFR 75.118. 4. *Performance Measures:* Under the Government Performance and Results Act (GPRA), the Department has developed three measures for evaluating the overall effectiveness of the Native Hawaiian Education Program—(1) Increasing the percentage of teachers who participate in professional development activities under the program that address the unique educational needs of program participants;
(2)Increasing the percentage of Native Hawaiian children who participate in early education programs and improve on measures of school readiness and literacy; and
(3)Increasing the percentage of students participating in the program who will meet or exceed proficiency standards in mathematics, science, or reading. All grantees will be expected to submit an annual performance report addressing these performance measures, to the extent that they apply to the grantee's project. VII. Agency Contacts *For Further Information Contact:* Beth Fine, U.S. Department of Education, 400 Maryland Ave., SW., room 3W223, Washington, DC 20202-6200. Telephone:
(202)260-1091 or by e-mail: *beth.fine@ed.gov* or Francisco Ramirez, U.S. Department of Education, 400 Maryland Ave., SW., room 3W225, Washington, DC 20202-6200. Telephone:
(202)260-1541 or by e-mail: *francisco.ramirez@ed.gov.* If you use a telecommunications device for the deaf (TDD), you may call the Federal Relay Service
(FRS)at 1-800-877-8339. Individuals with disabilities may obtain this document in an alternative format ( *e.g.* , Braille, large print, audiotape, or computer diskette) on request to the program contact persons listed in this section. VIII. Other Information *Electronic Access to This Document:* You may view this document, as well as all other documents of this Department published in the **Federal Register** , in text or Adobe Portable Document Format
(PDF)on the Internet at the following site: *http://www.ed.gov/news/fedregister.* To use PDF you must have Adobe Acrobat Reader, which is available free at this site. If you have questions about using PDF, call the U.S. Government Printing Office (GPO), toll free, at 1-888-293-6498; or in the Washington, DC, area at
(202)512-1530. Note: The official version of this document is the document published in the **Federal Register** . Free Internet access to the official edition of the **Federal Register** and the Code of Federal Regulations is available on GPO Access at: *http://www.gpoaccess.gov/nara/index.html* . Dated: January 17, 2006. Henry L. Johnson, Assistant Secretary for Elementary and Secondary Education. [FR Doc. E6-750 Filed 1-20-06; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF EDUCATION Office of Innovation and Improvement; Overview Information; Charter School Program (CSP); Notice Inviting Applications for New Awards for Fiscal Year
(FY)2006 Catalog of Federal Domestic Assistance
(CFDA)Number: 84.282A. DATES: *Applications Available:* January 23, 2006. *Deadline for Transmittal of Applications:* March 10, 2006. *Deadline for Intergovernmental Review:* May 9, 2006. *Eligible Applicants:* State educational agencies
(SEAs)in States with a State statute specifically authorizing the establishment of charter schools. Note: Non-SEA eligible applicants in states in which the SEA elects not to participate in or does not have an application approved under the CSP may apply for funding directly from the Department. The Department plans to hold a separate competition for non-SEA eligible applicants under CFDA Nos. 84.282B and 84.282C. *Estimated Available Funds:* $36,000,000. *Estimated Range of Awards:* $500,000-$20,000,000 per year. *Estimated Average Size of Awards:* $3,000,000 per year. *Estimated Number of Awards:* 10-12. Note: The Department is not bound by any estimates in this notice. *Project Period:* Up to three years. Note: Planning and implementation subgrants awarded by an SEA to non-SEA eligible applicants will be awarded for a period of up to three years, no more than 18 months of which may be used for planning and program design and no more than two years of which may be used for the initial implementation of a charter school. Dissemination subgrants are awarded for a period of up to two years. Full Text of Announcement I. Funding Opportunity Description *Purpose of Program:* The purpose of the CSP is to increase national understanding of the charter school model and to expand the number of high-quality charter schools available to students across the Nation by providing financial assistance for the planning, program design, and initial implementation of charter schools, and to evaluate the effects of charter schools, including their effects on students, student academic achievement, staff, and parents. The Secretary awards grants to SEAs to enable them to conduct charter school programs in their States. SEAs use their CSP funds to award subgrants to non-SEA eligible applicants for planning, program design, and initial implementation of a charter school and to support the dissemination of information about, including successful practices in, charter schools. *Priorities:* In accordance with 34 CFR 75.105(b)(2)(iv), these priorities are from section 5202(e) of the Elementary and Secondary Education Act of 1965 (ESEA), as amended by the No Child Left Behind Act of 2001 (NCLB), 20 U.S.C. 7221a(e). *Competitive Preference Priorities:* For FY 2006 these priorities are competitive preference priorities. Under 34 CFR 75.105(c)(2)(i) we award up to an additional 40 points to an application, depending on how well the application meets these priorities. In awarding grants to SEAs under this competition, the Secretary gives priority to States to the extent that the State meets the statutory criterion described in paragraph
(a)of this section and one or more of the statutory criteria described in paragraphs
(b)through
(d)of this section. In order to receive preference, an applicant must identify the priorities that it believes it meets and provide documentation supporting its claims. An SEA that meets priority
(a)but does not meet one or more of the other priorities will not receive any priority points. An SEA that does not meet priority
(a)but meets one or more of the other priorities will not receive any priority points. These priorities are:
(a)*Periodic Review and Evaluation* (10 points). The State provides for periodic review and evaluation by the authorized public chartering agency of each charter school at least once every five years, unless required more frequently by State law, to determine whether the charter school is meeting the terms of the school's charter, and is meeting or exceeding the student academic achievement requirements and goals for charter schools as provided under State law or the school's charter.
(b)*Number of High-Quality Charter Schools* (10 points). The State has demonstrated progress in increasing the number of high-quality charter schools that are held accountable in the terms of the schools' charters for meeting clear and measurable objectives for the educational progress of the students attending the schools, in the period prior to the period for which an SEA applies for a grant under this competition.
(c)*One Authorized Public Chartering Agency Other than a Local Educational Agency (LEA), or an Appeals Process* (10 points). The State:
(1)Provides for one authorized public chartering agency that is not an LEA, such as a State chartering board, for each individual or entity seeking to operate a charter school pursuant to State law; or
(2)In the case of a State in which LEAs are the only authorized public chartering agencies, allows for an appeals process for the denial of an application for a charter school.
(d)*High Degree of Autonomy* (10 points). The State ensures that each charter school has a high degree of autonomy over the charter school's budgets and expenditures. Note: The Secretary encourages applicants to provide citations and examples from their State charter law in responding to each of the competitive preference priorities. *Invitational Priority:* Under this competition we are particularly interested in applications that address the following priority. For FY 2006 this priority is an invitational priority. Under 34 CFR 75.105(c)(1), we do not give an application that meets this invitational priority a competitive or absolute preference over other applications. The priority is: The applicant proposes to plan, design, and implement one or more high-quality charter high schools in geographic areas, including urban and rural areas, in which a large proportion or number of public schools has been identified for improvement, corrective action, or restructuring under Title I, Part A of the ESEA. Program Authority: 20 U.S.C. 7221-7221j. *Applicable Regulations:* The Education Department General Administrative Regulations (EDGAR) in 34 CFR parts 74, 75, 76, 77, 79, 80, 81, 82, 84, 85, 86, 97, 98, and 99. II. Award Information *Type of Award:* Discretionary grants. *Estimated Available Funds:* $36,000,000. *Estimated Range of Awards:* $500,000-$20,000,000 per year. *Estimated Average Size of Awards:* $3,000,000 per year. *Estimated Number of Awards:* 10-12. Note: The Department is not bound by any estimates in this notice. *Project Period:* Up to three years. Note: Planning and implementation subgrants awarded by an SEA to non-SEA eligible applicants will be awarded for a period of up to three years, no more than 18 months of which may be used for planning and program design, and no more than two years of which may be used for the initial implementation of a charter school. Dissemination subgrants are awarded for a period of up to two years. III. Eligibility Information 1. *Eligible Applicants:* SEAs in States with a State statute specifically authorizing the establishment of charter schools. Note: Non-SEA eligible applicants in states in which the SEA elects not to participate in or does not have an application approved under the CSP may apply for funding directly from the Department. The Department plans to hold a separate competition for non-SEA eligible applicants under CFDA Nos. 84.282B and 84.282C. 2. *Cost Sharing or Matching:* This competition does not involve cost sharing or matching. IV. Application and Submission Information 1. *Address to Request Application Package:* Dean Kern, U.S. Department of Education, 400 Maryland Avenue, SW., room 4W227, FB6, Washington, DC 20202-5970. Telephone:
(202)260-1882 or by e-mail: *dean.kern@ed.gov.* If you use a telecommunications device for the deaf (TDD), you may call the Federal Relay Service
(FRS)at 1-800-877-8339. Individuals with disabilities may obtain a copy of the application package in an alternative format (e.g., Braille, large print, audiotape, or computer diskette) by contacting the program contact person listed in this section. 2. *Content and Form of Application Submission:* Requirements concerning the content of an application, together with the forms you must submit, are in the application package for this competition. Page Limit: The application narrative (Part III of the application) is where you, the applicant, address the selection criteria that reviewers use to evaluate your application. The Secretary strongly encourages applicants to limit Part III to the equivalent of no more than 50 pages, using the following standards: • A “page” is 8.5″ x 11″ on one side only, with 1″ margins at the top, bottom, and both sides. • Double space (no more than three lines per vertical inch) all text in the application narrative, including titles, headings, footnotes, quotations, references, and captions, as well as all text in charts, tables, figures, and graphs. • Use a font that is either 12 point or larger or no smaller than 10 pitch (characters per inch). The suggested page limit does not apply to Part I, the cover sheet; Part II, the budget section, including the narrative budget justification; Part IV, the assurances and certifications; or the one-page abstract, the resumes, the bibliography, or the letters of support. However, you must include all of the application narrative in Part III. 3. *Submission Dates and Times:* Applications Available: January 23, 2006. *Deadline for Transmittal of Applications:* March 10, 2006. Applications for grants under this competition must be submitted electronically using the Grants.gov Apply site (Grants.gov). For information (including dates and times) about how to submit your application electronically or by mail or hand delivery if you qualify for an exception to the electronic submission requirement, please refer to section IV. 6. *Other Submission Requirements* in this notice. We do not consider an application that does not comply with the deadline requirements. We do not consider an application that does not address the application requirements, selection criteria, and other required information outlined in the application package. *Deadline for Intergovernmental Review:* May 9, 2006 4. *Intergovernmental Review:* This competition is subject to Executive Order 12372 and the regulations in 34 CFR part 79. Information about Intergovernmental Review of Federal Programs under Executive Order 12372 is in the application package for this competition. 5. *Funding Restrictions:* *Use of Funds for Post-Award Planning and Design of the Educational Program and Initial Implementation of the Charter School.* A non-SEA eligible applicant receiving a subgrant under this program may use the subgrant funds only for:
(a)Post-award planning and design of the educational program, which may include
(i)refinement of the desired educational results and of the methods for measuring progress toward achieving those results; and
(ii)professional development of teachers and other staff who will work in the charter school; and
(b)Initial implementation of the charter school, which may include
(i)informing the community about the school;
(ii)acquiring necessary equipment and educational materials and supplies;
(iii)acquiring or developing curriculum materials; and
(iv)other initial operational costs that cannot be met from State or local sources. *Use of Funds for Dissemination Activities.* An SEA may reserve not more than 10 percent of its grant funds to support dissemination activities. A charter school may use those funds to assist other schools in adapting the charter school's program (or certain aspects of the charter school's program) or to disseminate information about the charter school through such activities as:
(a)Assisting other individuals with the planning and start-up of one or more new public schools, including charter schools, that are independent of the assisting charter school and the assisting charter school's developers and that agree to be held to at least as high a level of accountability as the assisting charter school;
(b)Developing partnerships with other public schools, including charter schools, designed to improve student academic achievement in each of the schools participating in the partnership;
(c)Developing curriculum materials, assessments, and other materials that promote increased student achievement and are based on successful practices within the assisting charter school; and
(d)Conducting evaluations and developing materials that document the successful practices of the assisting charter school and that are designed to improve student achievement. Award Basis In determining whether to approve a grant award and the amount of such award, the Department will consider, among other things, the amount of any carryover funds the applicant has under an existing grant under the program. We reference regulations outlining additional funding restrictions in the *Applicable Regulations* section of this notice. 6. *Other Submission Requirements.* Applications for grants under this competition must be submitted electronically unless you qualify for an exception to this requirement in accordance with the instructions in this section. a. *Electronic Submission of Applications.* Applications for grants under the Charter School Program, CFDA Number 84.282A must be submitted electronically using the Grants.gov Apply site at: *http://www.grants.gov.* Through this site, you will be able to download a copy of the application package, complete it offline, and then upload and submit your application. You may not e-mail an electronic copy of a grant application to us. We will reject your application if you submit it in paper format unless, as described elsewhere in this section, you qualify for one of the exceptions to the electronic submission requirement *and* submit, no later than two weeks before the application deadline date, a written statement to the Department that you qualify for one of these exceptions. Further information regarding calculation of the date that is two weeks before the application deadline date is provided later in this section under *Exception to Electronic Submission Requirement* . You may access the electronic grant application for the Charter School program at: *http://www.grants.gov.* You must search for the downloadable application package for this program by the CFDA number. Do not include the CFDA number's alpha suffix in your search. Please note the following: • When you enter the Grants.gov site, you will find information about submitting an application electronically through the site, as well as the hours of operation. • Applications received by Grants.gov are time and date stamped. Your application must be fully uploaded and submitted, and must be date/time stamped by the Grants.gov system no later than 4:30 p.m., Washington, DC time, on the application deadline date. Except as otherwise noted in this section, we will not consider your application if it is date/time stamped by the Grants.gov system later than 4:30 p.m., Washington, DC time, on the application deadline date. When we retrieve your application from Grants.gov, we will notify you if we are rejecting your application because it was date/time stamped by the Grants.gov system after 4:30 p.m., Washington, DC time, on the application deadline date. • The amount of time it can take to upload an application will vary depending on a variety of factors including the size of the application and the speed of your Internet connection. Therefore, we strongly recommend that you do not wait until the application deadline date to begin the submission process through Grants.gov. • You should review and follow with Education Submission Procedures for submitting an application through Grants.gov that are included in the application package for this program to ensure that you submit your application in a timely manner to the Grants.gov system. You can also find the Education Submission Procedures pertaining to Grants.gov at *http://e-Grants.ed.gov/help/GrantsgovSubmissionProcedures.pdf.* • To submit your application via Grants.gov, you must complete all of the steps in the Grants.gov registration process (see *http://www.Grants.gov/GetStarted* ). These steps include
(1)registering your organization,
(2)registering yourself as an Authorized Organization Representative (AOR), and
(3)getting authorized as an AOR by your organization. Details on these steps are outlined in the Grants.gov 3-Step Registration Guide (see *http://www.grants.gov/assets/GrantsgovCoBrandBrochure8X11.pdf* ). You also must provide on your application the same D-U-N-S Number used with this registration. Please note that the registration process may take five or more business dates to complete, and you must have completed all registration steps to allow you to successfully submit an application via Grants.gov. • You will not receive additional point value because you submit your application in electronic format, nor will we penalize you if you qualify for an exception to the electronic submission requirement, as described elsewhere in this section, and submit your application in paper format. • You must submit all documents electronically, including all information typically included on the Application for Federal Education Assistance (ED 424), Budget Information—Non-Construction Programs (ED 524), and all necessary assurances and certifications. You must attach any narrative sections of your application as files in a .DOC (document), .RTF (rich text), or .PDF (Portable Document) format. If you upload a file type other than the three file types specified above or submit a password protected file, we will not review that material. • Your electronic application must comply with any page limit requirements described in this notice. • After you electronically submit your application, you will receive an automatic acknowledgment from Grants.gov that contains a Grants.gov tracking number. The Department will retrieve your application from Grants.gov and send you a second confirmation by e-mail that will include a PR/Award number (an ED-specified identifying number unique to your application). • We may request that you provide us original signatures on forms at a later date. *Application Deadline Date Extension in Case of Technical Issues with the Grants.gov System:* If you are prevented from electronically submitting your application on the application deadline date because of technical programs with the Grants.gov system, we will grant you an extension until 4:30 p.m., Washington, DC time, the following business day to enable you to transmit your application electronically, or by hand delivery. You also may mail your application by following the mailing instructions as described elsewhere in this notice. If you submit an application after 4:30 p.m., Washington, DC time, on the deadline date, please contact the person listed elsewhere in this notice under FOR FURTHER INFORMATION CONTACT , and provide an explanation of the technical problem you experienced with Grants.gov, along with the Grants.gov Support Desk Case Number (if available). We will accept your application if we can confirm that a technical problem occurred with the Grants.gov system and that that problem affected your ability to submit your application by 4:30 p.m., Washington, DC time, on the application deadline date. The Department will contact you after a determination is made on whether your application will be accepted. Note: Extensions referred to in this section apply only to the unavailability of or technical problems with the Grants.gov system. We will not grant you an extension if you failed to fully register to submit your application to Grants.gov before the deadline date and time or if the technical problem you experienced is unrelated to the Grants.gov system. *Exception to Electronic Submission Requirement:* You qualify for an exception to the electronic submission requirement, and may submit your application in paper format, if you are unable to submit an application through the Grants.gov system because: • You do not have access to the Internet; or • You do not have the capacity to upload large documents to the Grants.gov system; *and* • No later than two weeks before the application deadline date (14 calendar days or, if the fourteenth calendar day before the application deadline date falls on a Federal holiday, the next business day following the Federal holiday), you mail or fax a written statement to the Department, explaining which of the two grounds for an exception prevent you from using the Internet to submit your application. If you mail your written statement to the Department, it must be postmarked no later than two weeks before the application deadline date. If you fax your written statement to the Department, we must receive the faxed statement no later than two weeks before the application deadline date. Address and mail or fax your statement to: Dean Kern, U.S. Department of Education, 400 Maryland Avenue, SW., room 4W227, FB6, Washington, DC 20202-5970. FAX:
(202)205-5630. Your paper application must be submitted in accordance with the mail or hand delivery instructions described in this notice. b. *Submission of Paper Applications by Mail.* If you qualify for an exception to the electronic submission requirement, you may mail (through the U.S. Postal Service or a commercial carrier) your application to the Department. You must mail the original and two copies of your application, on or before the application deadline date, to the Department at the applicable following address: *By mail through the U.S. Postal Service:* U.S. Department of Education, Application Control Center, Attention: CFDA Number 84.282A, 400 Maryland Avenue, SW., Washington, DC 20202-4260, or *By mail through a commercial carrier:* U.S. Department of Education, Application Control Center—Stop 4260, Attention: CFDA Number 84.282A, 7100 Old Landover Road, Landover, MD 20785-1506. Regardless of which address you use, you must show proof of mailing consisting of one of the following:
(1)A legibly dated U.S. Postal Service postmark,
(2)A legible mail receipt with the date of mailing stamped by the U.S. Postal Service,
(3)A dated shipping label, invoice, or receipt from a commercial carrier, or
(4)Any other proof of mailing acceptable to the Secretary of the U.S. Department of Education. If you mail your application through the U.S. Postal Service, we do not accept either of the following as proof of mailing:
(1)A private metered postmark, or
(2)A mail receipt that is not dated by the U.S. Postal Service. If your application is postmarked after the application deadline date, we will not consider your application. Note: The U.S. Postal Service does not uniformly provide a dated postmark. Before relying on this method, you should check with your local post office. c. *Submission of Paper Applications by Hand Delivery.* If you qualify for an exception to the electronic submission requirement, you (or a courier service) may deliver your paper application to the Department by hand. You must deliver the original and two copies of your application by hand, on or before the application deadline date, to the Department at the following address: U.S. Department of Education, Application Control Center, Attention: CFDA Number 84.282A, 550 12th Street, SW., Room 7041, Potomac Center Plaza, Washington, DC 20202-4260. The Application Control Center accepts hand deliveries daily between 8 a.m. and 4:30 p.m., Washington, DC time, except Saturdays, Sundays and Federal holidays. *Note for Mail or Hand Delivery of Paper Applications:* If you mail or hand deliver your application to the Department:
(1)You must indicate on the envelope and—if not provided by the Department—in Item 4 of the Application for Federal Education Assistance (ED 424) the CFDA number—and suffix letter, if any—of the competition under which you are submitting your application.
(2)The Application Control Center will mail a grant application receipt acknowledgment to you. If you do not receive the grant application receipt acknowledgment within 15 business days from the application deadline date, you should call the U.S. Department of Education Application Control Center at
(202)245-6288. V. Application Review Information *Selection Criteria:* Applicants applying for CSP grant funds must address both the statutory application requirements and the selection criteria described in the following paragraphs. Each applicant applying for CSP grant funds may choose to respond to the application requirements in the context of its responses to the selection criteria.
(a)*Application Requirements.*
(i)Describe the objectives of the SEA's charter school grant program and describe how these objectives will be fulfilled, including steps taken by the SEA to inform teachers, parents, and communities of the SEA's charter school grant program;
(ii)Describe how the SEA will inform each charter school in the State about Federal funds the charter school is eligible to receive and Federal programs in which the charter school may participate;
(iii)Describe how the SEA will ensure that each charter school in the State receives the school's commensurate share of Federal education funds that are allocated by formula each year, including during the first year of operation of the school and a year in which the school's enrollment expands significantly;
(iv)Describe how the SEA will disseminate best or promising practices of charter schools to each local educational agency
(LEA)in the State;
(v)If an SEA elects to reserve part of its grant funds (no more than 10 percent) for the establishment of a revolving loan fund, describe how the revolving loan fund would operate;
(vi)If an SEA desires the Secretary to consider waivers under the authority of the CSP, include a request and justification for any waiver of statutory or regulatory provisions that the SEA believes is necessary for the successful operation of charter schools in the State; and
(vii)Describe how charter schools that are considered to be LEAs under State law and LEAs in which charter schools are located will comply with sections 613(a)(5) and 613(e)(1)(B) of the Individuals with Disabilities Education Act.
(b)*Selection Criteria.* The following selection criteria are from the authorizing statute for this program and 34 CFR 75.210 of EDGAR. SEAs that propose to use a portion of their grant funds for dissemination activities must address each selection criterion
(i)through
(v)individually and title each accordingly. SEAs that do not propose to use a portion of their grant funds for dissemination activities must address selection criteria
(i)through
(iv)only, and need not address selection criterion (v). SEAs that do not address criterion
(v)because they are not proposing to use a portion of their grant funds for dissemination activities will not be penalized. The maximum possible score is 120 points for SEAs that do not propose to use grant funds to support dissemination activities and 150 points for SEAs that propose to use grant funds to support dissemination activities. The maximum possible score for each criterion is indicated in parentheses following the criterion. In evaluating an application, the Secretary considers the following criteria:
(i)The contribution the charter schools grant program will make in assisting educationally disadvantaged and other students to achieve State academic content standards and State student academic achievement standards (30 points). Note: The Secretary encourages applicants to provide a description of the objectives for the SEA's charter school grant program and how these objectives will be fulfilled, including steps taken by the SEA to inform teachers, parents, and communities of the SEA's charter school grant program and how the SEA will disseminate best or promising practices of charter schools to each LEA in the State.
(ii)The degree of flexibility afforded by the SEA to charter schools under the State's charter school law (30 points). Note: The Secretary encourages the applicant to include a description of how the State's law establishes an administrative relationship between the charter school and the authorized public chartering agency and exempts charter schools from significant State or local rules that inhibit the flexible operation and management of public schools. The Secretary also encourages the applicant to include a description of the degree of autonomy charter schools have achieved over such matters as the charter school's budget, expenditures, daily operation, and personnel in accordance with their State's law.
(iii)The number of high-quality charter schools to be created in the State (30 points). Note: The Secretary considers the SEA's reasonable estimate of the number of new charter schools to be authorized and opened in the State during the three year period of this grant. The Secretary also considers how the SEA will inform each charter school in the State about Federal funds the charter school is eligible to receive and ensure that each charter school in the State receives the school's commensurate share of Federal education funds that are allocated by formula each year, including during the first year of operation of the school and during a year in which the school's enrollment expands significantly.
(iv)The quality of the management plan to achieve the objectives of the proposed project on time and within budget, including clearly defined responsibilities, timelines, and milestones for accomplishing project tasks (30 points). Note: In addition to describing the proposed objectives of the SEA charter school grant program and how these objectives will be fulfilled, the Secretary encourages applicants to provide descriptions of the steps to be taken by the SEA to award subgrant funds to eligible applicants desiring to receive these funds, including descriptions of the peer review process the SEA will use to review applications for assistance, the timelines for awarding such funds, and how the SEA will assess the quality of the applications.
(v)In the case of SEAs that propose to use grant funds to support dissemination activities under section 5204(f)(6) of the ESEA, the quality of the dissemination activities (15 points) and the likelihood that those activities will improve student academic achievement (15 points). Note: The Secretary encourages applicants to describe the steps to be taken by the SEA to award these funds to eligible applicants, including descriptions of the peer review process the SEA will use to review applications for dissemination, the timelines for awarding such funds, and how the SEA will assess the quality of the applications. VI. Award Administration Information 1. *Award Notices:* If your application is successful, we will notify your U.S. Representative and U.S. Senators and send you a Grant Award Notification (GAN). We may also notify you informally. If your application is not evaluated or not selected for funding, we notify you. 2. *Administrative and National Policy Requirements:* We identify administrative and national policy requirements in the application package and reference these and other requirements in the *Applicable Regulations* section of this notice. We reference the regulations outlining the terms and conditions of an award in the *Applicable Regulations* section of this notice and include these and other specific conditions in the GAN. The GAN also incorporates your approved application as part of your binding commitments under the grant. 3. *Reporting:* At the end of your project period, you must submit a final performance report, including financial information, as directed by the Secretary. If you receive a multi-year award, you must submit an annual performance report that provides the most current performance and financial expenditure information as specified by the Secretary in 34 CFR 75.118. For specific requirements on grantee reporting, please go to the ED Performance Report Form 524B at *http://www.ed.gov/fund/grant/apply/appforms/appforms.html.* 4. *Performance Measures:* The goal of the CSP is to support the creation and development of a large number of high-quality charter schools that are free from State or local rules that inhibit flexible operation, are held accountable for enabling students to reach challenging State performance standards, and are open to all students. The Secretary has set three performance indicators to measure this goal:
(1)The number of States, including the District of Columbia and Puerto Rico, with charter school laws,
(2)the number of charter schools in operation around the Nation, and
(3)the percentage of charter school students who are achieving at or above the proficient level on State examinations in mathematics and reading. Additionally, the Secretary has established the following measure to examine the efficiency of the CSP: Federal cost per student in implementing a successful school (defined as a school in operation for three or more years). All grantees will be expected to submit an annual performance report documenting their contribution in assisting the Department in meeting these performance measures. VII. Agency Contact FOR FURTHER INFORMATION CONTACT: Dean Kern, U.S. Department of Education, 400 Maryland Avenue, SW., room 4W227, FB6, Washington, DC 20202-5961. Telephone:
(202)260-1882 or by e-mail: *dean.kern@ed.gov.* If you use a telecommunications device for the deaf (TDD), you may call the Federal Relay Service
(FRS)at 1-800-877-8339. Individuals with disabilities may obtain this document in an alternative format (e.g., Braille, large print, audiotape, or computer diskette) on request to the program contact person listed in this section. VIII. Other Information *Electronic Access to This Document:* You may view this document, as well as all other documents of this Department published in the **Federal Register** , in text or Adobe Portable Document Format
(PDF)on the Internet at the following site: *http://www.ed.gov/news/fedregister.* To use PDF you must have Adobe Acrobat Reader, which is available free at this site. If you have questions about using PDF, call the U.S. Government Printing Office (GPO), toll free, at 1-888-293-6498; or in the Washington, DC, area at
(202)512-1530. Note: The official version of this document is the document published in the **Federal Register** . Free Internet access to the official edition of the **Federal Register** and the Code of Federal Regulations is available on GPO Access at: *http://www.gpoaccess.gov/nara/index.html* . Dated: January 18, 2006. Christopher J. Doherty, Acting Assistant Deputy Secretary, Office of Innovation and Improvement. [FR Doc. E6-755 Filed 1-20-06; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF EDUCATION Office of Postsecondary Education; Overview Information; Gaining Early Awareness and Readiness for Undergraduate Programs; Notice Inviting Applications for New Awards for Fiscal year
(FY)2006 Catalog of Federal Domestic Assistance
(CFDA)Numbers: 84.334S (State grants) and 84.334A (Partnership grants). DATES: Applications Available: January 23, 2006. Deadline for Transmittal of Applications: March 9, 2006. Deadline for Intergovernmental Review: May 2, 2006. *Eligible Applicants:*
(1)A State; or
(2)a partnership consisting of
(A)one or more local educational agencies acting on behalf of
(i)one or more elementary schools or secondary schools, and
(ii)the secondary schools that students from the schools described in
(i)would normally attend;
(B)one or more degree granting institutions of higher education; and
(C)at least two community organizations or entities, such as businesses, professional associations, community-based organizations, philanthropic organizations, State agencies, institutions or agencies sponsoring programs authorized under subpart 4 of part A of Title IV of the Higher Education Act of 1965, as amended, or other public or private agencies or organizations. Note: For State grants, the fiscal agent/applicant must be a single State agency as designated by the State's governor. For partnership grants, the fiscal agent/applicant must be either an institution of higher education that is not pervasively sectarian or a local educational agency. *Estimated Available Funds:* $24,500,000 for partnership grants and $12,000,000 for State grants. *Estimated Range of Awards:* $100,000-$7,000,000 for partnership grants and $500,000-$3,000,000 for State grants. *Estimated Average Size of Awards:* $1,200,000 for partnership grants and $3,000,000 for State grants. *Maximum Award:* We will reject any application for a State grant that proposes a budget exceeding $3,000,000 for a single budget period of 12 months. We will reject any application for a partnership grant that proposes a budget exceeding $800 per student for a single budget period of 12 months. We also will reject any State or partnership grant application that proposes an increase in its budget after the first 12-month budget period. The Assistant Secretary for Postsecondary Education may change any of these maximum amounts through a notice published in the **Federal Register** . *Estimated Number of Awards:* 4 State grants and 20 partnership grants. Note: The Department is not bound by any estimates in this notice. *Project Period:* Up to 72 months. Full Text of Announcement I. Funding Opportunity Description *Purpose of Program:* The purpose of the Gaining Early Awareness and Readiness for Undergraduate Programs (GEAR UP) is to support early college preparation and awareness activities for low-income students. *Priority:* Under this competition we are particularly interested in applications that address one or both of the following priorities. *Invitational Priority:* For FY 2006 these priorities are invitational priorities. Under 34 CFR 75.105(c)(1) we do not give an application that meets these invitational priorities a competitive or absolute preference over other applications. These priorities are: Invitational Priority 1 Applicants are encouraged to include plans to develop and administer an assessment in the tenth and/or eleventh grade to determine whether GEAR UP students are adequately prepared for postsecondary education. Assessments would include math and language skills, and other content areas or skills the applicant believes are sound indicators of preparedness for college-level work. The results of such an assessment would then be used as a substitute for placement tests that members of the cohort who are admitted to a partner institution of higher education would otherwise be required to take, and to guide intervention strategies that focus on the needs of individual GEAR UP students to help ensure that, by the time they graduate from high school, they are prepared for college. The Secretary will review the results of this invitational priority (including the number of applicants who include information responsive to this priority and whether any grantees develop and administer an assessment), and may propose to modify the regulations for the GEAR UP program (34 CFR part 694) to require that grantees conduct this type of an assessment of the students receiving services through GEAR UP partnership or State grants. Invitational Priority 2 Partnership applicants are encouraged to include plans to establish and maintain a financial assistance program that awards college scholarships to GEAR UP students consistent with the requirements governing GEAR UP scholarships that State grantees must meet in section 404E of the Higher Education Act of 1965, as amended. That provision includes requirements regarding the amounts of the scholarships and student eligibility. Applicants proposing plans that include this priority should be sure to consider how the financial assistance program will be administered after Federal funding for the grant has ended. Since any Federal funds or non-Federal matching contributions to be used for scholarships in future years must be obligated during the appropriate budget period, the requirement of an obligation requires that these funds be placed in a trust or other irrevocable instrument for the benefit of the GEAR UP students until such time as the funds are awarded to individual students. Program Authority: 20 U.S.C. 1070a-21. *Applicable Regulations:*
(a)The Education Department General Administrative Regulations (EDGAR) in 34 CFR parts 74, 75, 77, 79, 80, 81, 82, 84, 85, 86, 97, 98, and 99.
(b)The regulations for this program in 34 CFR part 694. Note: The regulations in 34 CFR part 86 apply to institutions of higher education only. II. Award Information *Type of Award:* Discretionary grants. Estimated Available Funds: $24,500,000 for partnership grants and $12,000,000 for State grants. *Estimated Range of Awards:* $100,000—$7,000,000 for partnership grants and $500,000—$3,000,000 for State grants. *Estimated Average Size of Awards:* $1,200,000 for partnership grants and $3,000,000 for State grants. *Maximum Award:* We will reject any application for a State grant that proposes a budget exceeding $3,000,000 for a single budget period of 12 months. We will reject any application for a partnership grant that proposes a budget exceeding $800 per student for a single budget period of 12 months. We also will reject any State or partnership grant application that proposes an increase in its budget after the first 12-month budget period. The Assistant Secretary for Postsecondary Education may change any of these maximum amounts through a notice published in the **Federal Register** . *Estimated Number of Awards:* 4 State grants and 20 partnership grants. Note: The Department is not bound by any estimates in this notice. *Project Period:* Up to 72 months. III. Eligibility Information 1. *Eligible Applicants:*
(1)A State; or
(2)a partnership consisting of
(A)one or more local educational agencies acting on behalf of
(i)one or more elementary schools or secondary schools, and
(ii)the secondary schools that students from the schools described in
(i)would normally attend;
(B)one or more degree granting institutions of higher education; and
(C)at least two community organizations or entities, such as businesses, professional associations, community-based organizations, philanthropic organizations, State agencies, institutions or agencies sponsoring programs authorized under subpart 4 of part A of Title IV of the Higher Education Act of 1965, as amended, or other public or private agencies or organizations. Note: For State grants, the fiscal agent/applicant must be a single State agency as designated by the State's Governor. For partnership grants, the fiscal agent/applicant must be either an institution of higher education that is not pervasively sectarian or a local educational agency. 2. *Cost Sharing or Matching:* Section 404C of the Higher Education Act of 1965, as amended, requires grantees under this program to provide not less than 50 percent of the total cost of the project over six years. By regulation, a partnership may propose a non-Federal contribution of less than 50 percent, but not less than 30 percent of the total cost of the project, if the partnership includes three or fewer institutions of higher education as members and meets the high-need criteria in 34 CFR 694.7(b)(2). The non-Federal share of project costs may be in cash or in-kind. Applicants will be held to the matching commitment proposed in the application for funding, even if the proposed match is higher than the percent required by statute. 3. *Other:* For State grants, at least 25 percent, and not more than 50 percent of grant funds must be spent on early college preparation and awareness, and at least 50 percent of grant funds must be spent on postsecondary scholarships to eligible GEAR UP students. The Secretary may waive the scholarship percentage requirement if the applicant demonstrates that it has another means of providing the students with financial assistance. IV. Application and Submission Information 1. *Address to Request Application Package:* You may obtain an application package via the Internet by downloading the package from the program Web site at: *http://www.ed.gov/programs/gearup/index.html* . You also may obtain a copy of the application package at the following address: Angela Oliphant, Gaining Early Awareness and Readiness for Undergraduate Programs, U.S. Department of Education, 1990 K Street, NW., suite 6101, Washington, DC 20006-8524. Telephone:
(202)502-7676. If you use a telecommunications device for the deaf (TDD), you may call the Federal Relay Service
(FRS)at 1-800-877-8339. Individuals with disabilities may obtain a copy of the application package in an alternative format ( *e.g.* , Braille, large print, audiotape, or computer diskette) by contacting the program contact person listed in this section. 2. *Content and Form of Application Submission:* Requirements concerning the content of an application, together with the forms you must submit, are in the application package for this program. Page Limit: The application narrative addresses the selection criteria that reviewers use to evaluate your application. You must limit the application narrative found in Part 4 of the application to the equivalent of no more than 40 pages, using the following standards: • A “page” is 8.5″ x 11″, on one side only, with 1″ margins at the top, bottom, and both sides. • Double space all text in the application narrative, including titles, headings, footnotes, quotations, references, and captions, as well as all text in charts, tables, figures, and graphs. • Use one of the following fonts: Times New Roman, Courier, Courier New, or Arial. Applications submitted in any other font (including Times Roman and Arial Narrow) will not be accepted. • Use a font that is either 12-point or larger. The page limit does not apply to the cover sheet; the budget section, including the narrative budget justification; the assurances and certifications; or the one-page abstract. *We will reject your application if:* • You apply these standards and exceed the page limit; or • You apply other standards and exceed the equivalent of the page limit. 3. *Submission Dates and Times:* Applications Available: January 23, 2006. Deadline for Transmittal of Applications: March 9, 2006. Applications for grants under this program must be submitted electronically using the Electronic Grant Application System (e-Application) available through the Department's e-Grants system. For information (including dates and times) about how to submit your application electronically or by mail or hand delivery if you qualify for an exception to the electronic submission requirement, please refer to section IV. 6. *Other Submission Requirements* in this notice. We do not consider an application that does not comply with the deadline requirements. Deadline for Intergovernmental Review: May 2, 2006. 4. *Intergovernmental Review:* These programs are subject to Executive Order 12372 and the regulations in 34 CFR part 79. Information about Intergovernmental Review of Federal Programs under Executive Order 12372 is in the application packages for these programs. 5. *Funding Restrictions:* We reference regulations outlining funding restrictions in the *Applicable Regulations* section of this notice. 6. *Other Submission Requirements:* Applications for grants under this program must be submitted electronically, unless you qualify for an exception to this requirement in accordance with the instructions in this section. a. *Electronic Submission of Applications.* Applications for grants under the GEAR UP State and Partnership Competitions—CFDA Numbers 84.334S and CFDA 84.334A must be submitted electronically using e-Application available through the Department's e-Grants system, accessible through the e-Grants portal page at: *http://e-grants.ed.gov.* We will reject your application if you submit it in paper format unless, as described elsewhere in this section, you qualify for one of the exceptions to the electronic submission requirement *and* submit, no later than two weeks before the application deadline date, a written statement to the Department that you qualify for one of these exceptions. Further information regarding calculation of the date that is two weeks before the application deadline date is provided later in this section under *Exception to Electronic Submission Requirement.* While completing your electronic application, you will be entering data online that will be saved into a database. You may not e-mail an electronic copy of a grant application to us. Please note the following: • You must complete the electronic submission of your grant application by 4:30 p.m., Washington, DC time, on the application deadline date. The e-Application system will not accept an application for this program after 4:30 p.m., Washington, DC time, on the application deadline date. Therefore, we strongly recommend that you do not wait until the application deadline date to begin the application process. • The regular hours of operation of the e-Grants Web site are 6 a.m. Monday until 7 p.m. Wednesday; and 6 a.m. Thursday until midnight Saturday, Washington, DC time. Please note that the system is unavailable on Sundays, and between 7 p.m. on Wednesdays and 6 a.m. on Thursdays, Washington, DC time, for maintenance. Any modifications to these hours are posted on the e-Grants Web site. • You will not receive additional point value because you submit your application in electronic format, nor will we penalize you if you qualify for an exception to the electronic submission requirement, as described elsewhere in this section, and submit your application in paper format. • You must submit all documents electronically, including the GEAR UP Title Page Form, Project Budget Summary Forms and all necessary assurances and certifications. • You must attach any narrative sections of your application as files in a .DOC (document), .RTF (rich text), or .PDF (Portable Document) format. If you upload a file type other than the three file types specified above or submit a password protected file, we will not review that material. • Your electronic application must comply with any page limit requirements described in this notice. • Prior to submitting your electronic application, you may wish to print a copy of it for your records. • After you electronically submit your application, you will receive an automatic acknowledgment, that will include a PR/Award number (an identifying number unique to your application). • Within three working days after submitting your electronic application, fax a signed copy of the GEAR UP Title Page Form to the Application Control Center after following these steps:
(1)Print the GEAR UP Title Page Form from e-Application.
(2)The applicant's Authorizing Representative must sign the GEAR UP Title Page Form.
(3)Place the PR/Award number in the upper right hand corner of the hard-copy signature page of the GEAR UP Title Page Form.
(4)Fax the signed GEAR UP Title Page Form to the Application Control Center at
(202)245-6272. • We may request that you provide us original signatures on other forms at a later date. *Application Deadline Date Extension in Case of e-Application System Unavailability:* If you are prevented from electronically submitting your application on the application deadline date because the e-Application system is unavailable, we will grant you an extension of one business day to enable you to transmit your application electronically, by mail, or by hand delivery. We will grant this extension if:
(1)You are a registered user of e-Application and you have initiated an electronic application for this competition; and (2)(a) The e-Application system is unavailable for 60 minutes or more between the hours of 8:30 a.m. and 3:30 p.m., Washington, DC time, on the application deadline date; or
(b)The e-Application system is unavailable for any period of time between 3:30 p.m. and 4:30 p.m., Washington, DC time, on the application deadline date. We must acknowledge and confirm these periods of unavailability before granting you an extension. To request this extension or to confirm our acknowledgment of any system unavailability, you may contact either
(1)the person listed elsewhere in this notice under FOR FURTHER INFORMATION CONTACT (see VII. Agency Contact) or
(2)the e-Grants help desk at 1-888-336-8930. If the system is down and therefore the application deadline is extended, an e-mail will be sent to all registered users who have initiated an e-Application. Extensions referred to in this section apply only to the unavailability of the Department's e-Application system. *Exception to Electronic Submission Requirement:* You qualify for an exception to the electronic submission requirement, and may submit your application in paper format, if you are unable to submit an application through the e-Application system because: • You do not have access to the Internet; or • You do not have the capacity to upload large documents to the Department's e-Application system; *and* • No later than two weeks before the application deadline date (14 calendar days or, if the fourteenth calendar day before the application deadline date falls on a Federal holiday, the next business day following the Federal holiday), you mail or fax a written statement to the Department, explaining which of the two grounds for an exception prevent you from using the Internet to submit your application. If you mail your written statement to the Department, it must be postmarked no later than two weeks before the application deadline date. If you fax your written statement to the Department, we must receive the faxed statement no later than two weeks before the application deadline date. Address and mail or fax your statement to: Angela Oliphant, U.S. Department of Education, 1990 K Street, NW., suite 6101, Washington, DC 20006-8524. Fax:
(202)502-7675. Your paper application must be submitted in accordance with the mail or hand delivery instructions described in this notice. b. *Submission of Paper Applications by Mail.* If you qualify for an exception to the electronic submission requirement, you may mail (through the U.S. Postal Service or a commercial carrier) your application to the Department. You must mail the original and two copies of your application, on or before the application deadline date, to the Department at the applicable following address: *By mail through the U.S. Postal Service:* U.S. Department of Education, Application Control Center, Attention: 84.334S or 84.334A (as appropriate), 400 Maryland Avenue, SW., Washington, DC 20202-4260, or *By mail through a commercial carrier:* U.S. Department of Education, Application Control Center, Attention: 84.334S or 84.334A (as appropriate), 7100 Old Landover Road, Landover, MD 20785-1506. Regardless of which address you use, you must show proof of mailing consisting of one of the following:
(1)A legibly dated U.S. Postal Service postmark,
(2)A legible mail receipt with the date of mailing stamped by the U.S. Postal Service,
(3)A dated shipping label, invoice, or receipt from a commercial carrier, or
(4)Any other proof of mailing acceptable to the Secretary of the U.S. Department of Education. If you mail your application through the U.S. Postal Service, we do not accept either of the following as proof of mailing:
(1)A private metered postmark, or
(2)A mail receipt that is not dated by the U.S. Postal Service. If your application is postmarked after the application deadline date, we will not consider your application. Note: The U.S. Postal Service does not uniformly provide a dated postmark. Before relying on this method, you should check with your local post office. a. *Submission of Paper Applications by Hand Delivery.* If you qualify for an exception to the electronic submission requirement, you (or a courier service) may deliver your paper application to the Department by hand. You must deliver the original and two copies of your application, by hand, on or before the application deadline date, to the Department at the following address: U.S. Department of Education, Application Control Center, Attention: 84.334A or 84.334S (as appropriate), 550 12th Street, SW., Room 7041, Potomac Center Plaza, Washington, DC 20202-4260. The Application Control Center accepts hand deliveries daily between 8 a.m. and 4:30 p.m., Washington, DC time, except Saturdays, Sundays and Federal holidays. *Note for Mail or Hand Delivery of Paper Applications:* If you mail or hand deliver your application to the Department:
(1)You must indicate on the envelope and—if not provided by the Department—on the GEAR UP Title Page Form the CFDA number—and suffix letter, if any—of the competition under which you are submitting your application.
(2)The Application Control Center will mail a grant application receipt acknowledgment to you. If you do not receive the grant application receipt acknowledgment within 15 business days from the application deadline date, you should call the U.S. Department of Education Application Control Center at
(202)245-6288. V. Application Review Information *Selection Criteria:* The selection criteria for this program are from the Education Department General Administrative Regulations (EDGAR) in 34 CFR 75.210 and are listed in the application package. VI. Award Administration Information 1. *Award Notices:* If your application is successful, we notify your U.S. Representative and U.S. Senators and send you a Grant Award Notification (GAN). We may also notify you informally. If your application is not evaluated or not selected for funding, we notify you. 2. *Administrative and National Policy Requirements:* We identify administrative and national policy requirements in the application package and reference these and other requirements in the *Applicable Regulations* section of this notice. We reference the regulations outlining the terms and conditions of an award in the *Applicable Regulations* section of this notice and include these and other specific conditions in the GAN. The GAN also incorporates your approved application as part of your binding commitments under the grant. 3. *Reporting:* At the end of your project period, you must submit a final performance report, including financial information, as directed by the Secretary. If you receive a multi-year award, you must submit an annual performance report that provides the most current performance and financial expenditure information as specified by the Secretary in 34 CFR 75.118. 4. *Performance Measures:* The objectives of the GEAR UP program are:
(1)To increase the academic performance and preparation for postsecondary education of participating students;
(2)to increase the rate of high school graduation and participation in postsecondary education of participating students; and
(3)to increase educational expectations for participating students and student and family knowledge of postsecondary education options, preparation, and financing. To assess the performance of the program in achieving these objectives, the Department has developed a number of performance measures that are included in the application package. All grantees will be expected to submit an annual performance report documenting their success in addressing these performance measures. VII. Agency Contact FOR FURTHER INFORMATION CONTACT: Angela Oliphant, Gaining Early Awareness and Readiness for Undergraduate Programs, U.S. Department of Education, 1990 K Street, NW., suite 6101, Washington, DC 20006-8524. Telephone:
(202)502-7676. If you use a telecommunications device for the deaf (TDD), you may call the Federal Relay Service
(FRS)at 1-800-877-3339. Individuals with disabilities may obtain this document in an alternative format ( *e.g.* , Braille, large print, audiotape, or computer diskette) on request to the program contact person listed in this section. VIII. Other Information *Electronic Access to This Document:* You may view this document, as well as all other documents of this Department published in the **Federal Register** , in text or Adobe Portable Document Format
(PDF)on the Internet at the following site: *http://www.ed.gov/news/fedregister.* To use PDF you must have Adobe Acrobat Reader, which is available free at this site. If you have questions about using PDF, call the U.S. Government Printing Office (GPO), toll free, at 1-888-293-6498; or in the Washington, DC, area at
(202)512-1530. Note: The official version of this document is the document published in the **Federal Register** . Free Internet access to the official edition of the **Federal Register** and the Code of Federal Regulations is available on GPO Access at: *http://www.gpoaccess.gov/nara/index.html.* Dated: January 18, 2006. Sally L. Stroup, Assistant Secretary for Postsecondary Education. [FR Doc. E6-749 Filed 1-20-06; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF EDUCATION Privacy Act of 1974; System of Records—Common Services for Borrowers AGENCY: Federal Student Aid, Department of Education. ACTION: Notice of a new system of records. SUMMARY: In accordance with the Privacy Act of 1974, as amended, (Privacy Act), the Chief Operating Officer for Federal Student Aid of the U.S. Department of Education (Department) publishes this notice of a new system of records entitled the Common Services for Borrowers
(CSB)system (18-11-16). Over the next three to four years, the Department will consolidate the activities it carries out with regard to making and servicing loans, and collecting or otherwise resolving obligations owed by an individual with respect to a loan, grant, or scholarship program authorized by the Higher Education Act of 1965, as amended (HEA). The CSB system will contain records of an individual's loan, grant, or scholarship and of transactions performed by the Department to carry out these activities. Because many of these records are currently maintained in the systems of records entitled Title IV Program Files (18-11-05) and Student Financial Assistance Collection Files (18-11-07), the Department will delete these other systems of records after it has fully phased into the new CSB system of records all of the records that are currently maintained in these systems of records. The Department seeks comment on the proposed system of records described in this notice, in accordance with the requirements of the Privacy Act. DATES: We must receive your comments on the proposed routine uses for the system of records described in this notice on or before February 22, 2006. The Department has filed a report describing the new system of records covered by this notice with the Chair of the Senate Committee on Homeland Security and Governmental Affairs, the Chair of the House Committee on Government Reform, and the Administrator of the Office of Information and Regulatory Affairs, Office of Management and Budget
(OMB)on January 18, 2006. This new system of records will become effective on the later date of:
(1)the expiration of the 40-day period for OMB review on February 27, 2006; or
(2)February 22, 2006, unless the system of records needs to be changed as a result of public comment or OMB review. ADDRESSES: Address all comments about the proposed routine uses to Patricia Dorn, Chief of Staff, Borrower Services, Federal Student Aid, U.S. Department of Education, 830 First Street, NE., Union Center Plaza, room 42G4, Washington, DC 20202-5345. If you prefer to send comments through the Internet, use the following address: *CSBSystemofRecords@ed.gov.* You must include the term “Common Services for Borrowers” in the subject line of your electronic message. During and after the comment period, you may inspect all public comments about this notice in room 42H1, 4th Floor, 830 First Street, NE., Washington, DC, between the hours of 8 a.m. and 4:30 p.m., Eastern time, Monday through Friday of each week except Federal holidays. Assistance to Individuals With Disabilities in Reviewing the Rulemaking Record On request, we will supply an appropriate aid, such as a reader or print magnifier, to an individual with a disability who needs assistance to review the comments or other documents in the public rulemaking record for this notice. If you want to schedule an appointment for this type of aid, please contact the person listed under FOR FURTHER INFORMATION CONTACT . FOR FURTHER INFORMATION CONTACT: Patricia Dorn, Chief of Staff, Borrower Services, Federal Student Aid, U.S. Department of Education, Union Center Plaza, 4th Floor, 830 First Street, NE., Washington, DC 20202-5345. Telephone number:
(202)377-4359. If you use a telecommunications device for the deaf (TDD), you may call the Federal Relay Service
(FRS)at 1-800-877-8339. Individuals with disabilities may obtain this document in an alternative format (e.g., Braille, large print, audiotape, or computer diskette) on request to the contact person listed in the preceding paragraph. SUPPLEMENTARY INFORMATION: Introduction The Privacy Act (5 U.S.C. 552a(e)(4)) requires the Department to publish in the **Federal Register** this notice of a new system of records maintained by the Department. The Department's regulations implementing the Privacy Act are contained in part 5b of title 34 of the Code of Federal Regulations (CFR). The Privacy Act applies to information about individuals that is maintained in a system of records from which individually identifiable information is retrieved by a unique identifier associated with each individual, such as a name or social security number. The information about each individual is called a “record,” and the system, whether manual or computer-based, is called a “system of records.” The Privacy Act requires each agency to publish notices of new or altered systems of records in the **Federal Register** and to submit reports to the Administrator of the Office of Information and Regulatory Affairs, OMB, the Chair of the House Committee on Government Reform, and the Chair of the Senate Committee on Homeland Security and Governmental Affairs, whenever the agency publishes a new or altered system of records. Electronic Access to This Document You may view this document, as well as all other documents of this Department published in the **Federal Register** , in text or Adobe Portable Document Format
(PDF)on the Internet at the following site: *http://www.ed.gov/news/fedregister.* To use PDF you must have the Adobe Acrobat Reader, which is available free at this site. If you have questions about using PDF, call the U.S. Government Printing Office (GPO), toll free, at 1-888-293-6498; or in the Washington, DC, area at
(202)512-1530. Note: The official version of this document is the document published in the **Federal Register** . Free Internet access to the official edition of the **Federal Register** and the Code of Federal Regulations is available on GPO Access at: *http://www.gpoaccess.gov/nara/index.html.* Dated: January 18, 2006. Theresa S. Shaw, Chief Operating Officer, Federal Student Aid. For the reasons discussed in the preamble, the Chief Operating Officer, Federal Student Aid, U.S. Department of Education publishes a notice of the Common Services for Borrowers system of records to read as follows: System Number: 18-11-16 System Name: Common Services for Borrowers (CSB). Security Classification: None. System Location: Computer Sciences Corporation, 17 Deerfield Lane, Meriden, CT 06450. See the Appendix to this notice for additional system locations. Categories of Individuals Covered by the System: This system contains records on those individuals who received a loan, or who are otherwise obligated to repay a loan, grant, or scholarship held and collected by the Department of Education (Department), which was made under
(1)the Federal Family Education Loan
(FFEL)Program (formerly the Guaranteed Student Loan Program (GSL), including Stafford Loans, Federal Insured Student Loans (FISL), Supplemental Loans for Students (SLS), PLUS Loans (formerly Parental Loans for Undergraduate Students), and Consolidation Loans);
(2)the William D. Ford Federal Direct Loan (Direct Loan) Program (formerly known as the Federal Direct Student Loan Program (FDSLP), Federal Direct Unsubsidized and Subsidized Stafford/Ford Loans, Federal Direct Consolidation Loans, and Federal Direct PLUS Loans);
(3)the Federal Perkins Loan Program (formerly known as National Direct/Defense Student Loans (NDSL));
(4)the Federal Pell Grant Program;
(5)the Federal Supplemental Educational Opportunity Grant Program (FSEOG);
(6)the Leveraging Educational Assistance Partnership
(LEAP)Program;
(7)the Special Leveraging Educational Assistance Partnership (SLEAP) Program;
(8)the Paul Douglas Teacher Scholarship Program; and
(9)the Teacher Quality Recruitment Scholarship Program. This system also contains records on individuals who apply for, but do not receive a Direct Loan, as well as individuals identified by the borrower or recipient of the loan, grant, or scholarship as references or as household members whose income and expenses are considered in connection with the making or enforcement of the grant, scholarship or loan. Categories of Records in the System: This system of records will consolidate the system of records for all activities the Department carries out with regard to making and servicing loans, including collecting or otherwise resolving obligations owed by an individual under the Higher Education Act of 1965, as amended (HEA). The system contains records including such information as the employment information, educational status, family income, social security number, address, e-mail address, and telephone numbers of those individuals obligated on the debt or whose income and expenses are included in a financial statement submitted by the individual. This system also contains records regarding the application for, agreement to repay, and disbursements on the loan, and loan guaranty, if any; the repayment history, including deferments and forbearances; claims by lenders on the loan guaranty; cancellation or discharges on grounds of qualifying service, bankruptcy discharge, disability (including medical records submitted to support application for discharge by reason of disability), death, or other statutory or regulatory grounds for relief. Additionally, this system contains records regarding the amount, terms, and period of scholarships, the entity that awarded the scholarship, the amount and percentage of time the recipient spends teaching, and information about the employing school and the school district. For grant overpayments, the system contains records about the amount disbursed, the school that disbursed the grant, and the basis for overpayment; for all debts, the system contains demographic, employment, and other data on the individuals obligated on the debt or provided as references by the obligor, and the collection actions taken by any holder, including write-off and compromise. Authority for Maintenance of the System: Titles II, IV-A, IV-B, IV-D, IV-E and V-C of the HEA (20 U.S.C. 1024, 1070a, 1070b-1070b-4, 1070c-1070c-4, 1070c-3a, 1071-1087-4, 1087a-1087j, and 1087aa-1087ii, and 1104 (1998); 31 U.S.C. Chapter 37). Purpose(s): The information contained in the records maintained in this system is used for the following reasons: • To verify the identity of an individual. • To determine program eligibility and benefits. • To facilitate default reduction efforts by program participants. • To enforce the conditions or terms of a loan, grant, or scholarship. • To make, service, collect, assign, adjust, or discharge a loan or collect a grant or scholarship obligation. • To counsel a debtor in repayment efforts. • To investigate possible fraud and verify compliance with program regulations. • To locate a delinquent or defaulted borrower, or an individual obligated to repay a loan, grant, or scholarship. • To prepare a debt for litigation, provide support services for litigation on a debt, litigate a debt, and audit the results of litigation on a debt. • To prepare for, conduct, or enforce a limitation, suspension, termination, or debarment action. • To ensure that program requirements are met by educational and financial institutions and guaranty agencies. • To verify whether a debt qualifies for discharge or cancellation. • To conduct credit checks and respond to inquiries or disputes arising from information on the debt already furnished to a credit-reporting agency. • To investigate complaints, update information, and correct errors contained in Department records. • To refund credit balances back to the individual or loan holder. Routine Uses of Records Maintained in the System, Including Categories of Users and the Purposes of Such Uses: The Department may disclose information contained in a record in this system of records under the routine uses listed in this system of records without the consent of the individual if the disclosure is compatible with the purposes for which the information in the record was collected. These disclosures may be made on a case-by-case basis or, if the Department has complied with the computer matching requirements of the Privacy Act, under computer matching agreements.
(1)*Program Disclosures.* The Department may disclose records for the following program purposes:
(a)To verify the identity of the individual whom the records indicate has applied for or received the loan, grant, or scholarship, disclosures may be made to guaranty agencies, educational and financial institutions, and to their authorized representatives; to Federal, State, or local agencies; to private parties such as relatives, business and personal associates, and present and former employers; to creditors; to consumer reporting agencies; to adjudicative bodies; and to the individual whom the records identify as the party obligated to repay the debt.
(b)To determine program eligibility and benefits, disclosures may be made to guaranty agencies, educational and financial institutions, and to their authorized representatives; to Federal, State, or local agencies; to private parties such as relatives, business and personal associates, and present and former employers; to creditors; to consumer reporting agencies; and to adjudicative bodies.
(c)To facilitate default reduction efforts by program participants, disclosures may be made to guaranty agencies, educational and financial institutions, and to their authorized representatives; to Federal, State, or local agencies; to consumer reporting agencies; and to adjudicative bodies.
(d)To enforce the conditions or terms of the loan, grant or scholarship, disclosures may be made to guaranty agencies, educational and financial institutions, and to their authorized representatives; to Federal, State, or local agencies; to private parties such as relatives, business and personal associates, and present and former employers; to creditors; to consumer reporting agencies; and to adjudicative bodies.
(e)To permit making, servicing, collecting, assigning, adjusting, or discharging a loan, or collecting a grant or scholarship obligation, disclosures may be made to guaranty agencies, educational institutions, or financial institutions that made, held, serviced, or have been assigned the debt, and to their authorized representatives; to a party identified by the debtor as willing to advance funds to repay the debt; to Federal, State, or local agencies; to private parties such as relatives, business and personal associates, and present and former employers; to creditors; to consumer reporting agencies; and to adjudicative bodies.
(f)To counsel a debtor in repayment efforts, disclosures may be made to guaranty agencies, educational and financial institutions, and to their authorized representatives; and to Federal, State, or local agencies.
(g)To investigate possible fraud and verify compliance with program regulations, disclosures may be made to guaranty agencies, educational and financial institutions, and their authorized representatives; to Federal, State, or local agencies; to private parties such as relatives, present and former employers and creditors, and business and personal associates; to consumer reporting agencies; and to adjudicative bodies.
(h)To locate a delinquent or defaulted borrower, or an individual obligated to repay a loan, grant or scholarship, disclosures may be made to guaranty agencies, educational and financial institutions, and to their authorized representatives; to Federal, State, or local agencies; to private parties such as relatives, business and personal associates, and present and former employers; to creditors; to consumer reporting agencies; and to adjudicative bodies.
(i)To prepare a debt for litigation, to provide support services for litigation on a debt, to litigate a debt, and to audit the results of litigation on a debt, disclosures may be made to guaranty agencies and their authorized representatives; to Federal, State, or local agencies; and to adjudicative bodies.
(j)To prepare for, conduct, or enforce a limitation, suspension, and termination (LS&T) or a debarment action, disclosures may be made to guaranty agencies, educational or financial institutions, and to their authorized representatives; to Federal, State, or local agencies; and to adjudicative bodies.
(k)To ensure that HEA program requirements are met by educational institutions, financial institutions, and guaranty agencies, disclosures may be made to guaranty agencies, educational or financial institutions, to their authorized representatives, and to auditors engaged to conduct an audit of a guaranty agency or an educational or financial institution; to Federal, State, or local agencies or accrediting agencies; and to adjudicative bodies.
(l)To verify whether a debt qualifies for discharge or cancellation, disclosures may be made to guaranty agencies, educational and financial institutions, and to their authorized representatives; to Federal, State, or local agencies; to private parties such as relatives, present and former employers and creditors, and business and personal associates; to consumer reporting agencies; and to adjudicative bodies.
(m)To conduct credit checks and to respond to inquiries or disputes arising from information on the debt already furnished to a credit reporting agency, disclosures may be made to credit reporting agencies; to guaranty agencies, educational and financial institutions, and to their authorized representatives; to Federal, State, or local agencies; to private parties such as relatives, present and former employers and creditors, and business and personal associates; and to adjudicative bodies.
(n)To investigate complaints, to update information and correct errors contained in Department records, disclosures may be made to guaranty agencies, educational and financial institutions, and to their authorized representatives; to Federal, State, or local agencies; to private parties such as relatives, present and former employers and creditors, and business and personal associates; to credit reporting agencies; and to adjudicative bodies.
(o)To refund credit balances that are processed through the Department's systems, as well as the Department of Treasury's payment applications, back to the individual or loan holder, disclosures may be made to guaranty agencies, educational and financial institutions, and to their authorized representatives; to Federal, State, or local agencies; and to private parties such as relatives, present and former employers and creditors, and business and personal associates.
(2)*Feasibility Study Disclosure.* The Department may disclose information from this system of records to other Federal agencies and to guaranty agencies, and to their authorized representatives, to determine whether computer matching programs should be conducted by the Department regarding an individual's application for student financial assistance or compliance with the terms of such assistance, under a program administered by the Department. These computer matching programs may be used to determine program eligibility and benefits, facilitate default reduction efforts, enforce the conditions and terms of a loan or grant, permit the servicing and collecting of the loan or grant, enforce debarment, suspension, and exclusionary actions, counsel the individual in repayment efforts, investigate possible fraud and verify compliance with program regulations, locate a delinquent or defaulted debtor, and initiate legal action against an individual involved in program fraud or abuse.
(3)*Disclosure for Use by Other Law Enforcement Agencies.* The Department may disclose information to any Federal, State, local, or foreign agency or other public authority responsible for enforcing, investigating, or prosecuting violations of administrative, civil, or criminal law or regulation if that information is relevant to any enforcement, regulatory, investigative, or prosecutorial responsibility within the receiving entity's jurisdiction.
(4)*Enforcement Disclosure.* In the event that information in this system of records indicates, either on its face or in connection with other information, a violation or potential violation of any applicable statute, regulation, or order of a competent authority, the Department may disclose the relevant records to the appropriate agency, whether foreign, Federal, State, Tribal, or local, charged with the responsibility of investigating or prosecuting that violation or charged with enforcing or implementing the statute, executive order, rule, regulation, or order issued pursuant thereto.
(5)*Litigation and Alternative Dispute Resolution
(ADR)Disclosure.*
(a)*Introduction.* In the event that one of the parties listed below is involved in litigation or ADR, or has an interest in litigation or ADR, the Department may disclose certain records to the parties described in paragraphs (b),
(c)and
(d)of this routine use under the conditions specified in those paragraphs:
(i)The Department or any of its components; or
(ii)Any Department employee in his or her official capacity; or
(iii)Any Department employee in his or her individual capacity if the Department of Justice
(DOJ)has been requested to or has agreed to provide or arrange for representation for the employee;
(iv)Any Department employee in his or her individual capacity where the Department has agreed to represent the employee; or
(v)The United States where the Department determines that the litigation is likely to affect the Department or any of its components.
(b)*Disclosure to the DOJ.* If the Department determines that disclosure of certain records to the DOJ is relevant and necessary to litigation or ADR, the Department may disclose those records as a routine use to the DOJ.
(c)*Adjudicative Disclosure.* If the Department determines that disclosure of certain records to an adjudicative body before which the Department is authorized to appear, an individual, or an entity designated by the Department or otherwise empowered to resolve or mediate disputes is relevant and necessary to the litigation or ADR, the Department may disclose those records as a routine use to the adjudicative body, individual, or entity.
(d)*Parties, Counsels, Representatives, or Witnesses.* If the Department determines that disclosure of certain records to a party, counsel, representative or witness is relevant and necessary to the litigation or ADR, the Department may disclose those records as a routine use to the party, counsel, representative, or witness.
(6)*Employment, Benefit, and Contracting Disclosure.*
(a)*For Decisions by the Department.* The Department may disclose a record to a Federal, State, or local agency maintaining civil, criminal, or other relevant enforcement or other pertinent records, or to another public authority or professional organization, if necessary to obtain information relevant to a Department decision concerning the hiring or retention of an employee or other personnel action, the issuance of a security clearance, the letting of a contract, or the issuance of a license, grant, or other benefit.
(b)*For Decisions by Other Public Agencies and Professional Organizations.* The Department may disclose a record to a Federal, State, local, or foreign agency or other public authority or professional organization, in connection with the hiring or retention of an employee or other personnel action, the issuance of a security clearance, the reporting of an investigation of an employee, the letting of a contract, or the issuance of a license, grant, or other benefit, to the extent that the record is relevant and necessary to the receiving entity's decision on the matter.
(7)*Employee Grievance, Complaint or Conduct Disclosure.* If a record is relevant and necessary to an employee grievance, complaint, or disciplinary action, the Department may disclose the record in the course of investigation, fact-finding, or adjudication to any witness, designated fact-finder, mediator, or other person designated to resolve issues or decide the matter.
(8)*Labor Organization Disclosure.* The Department may disclose a record from this system of records to an arbitrator to resolve disputes under a negotiated grievance procedure or to officials of a labor organization recognized under 5 U.S.C. Chapter 71 when relevant and necessary to their duties of exclusive representation.
(9)*Freedom of Information Act
(FOIA)Advice Disclosure.* The Department may disclose records to the DOJ and the OMB if the Department concludes that disclosure is desirable or necessary in determining whether particular records are required to be disclosed under the FOIA.
(10)*Disclosure to the DOJ.* The Department may disclose records to the DOJ to the extent necessary for obtaining DOJ advice on any matter relevant to an audit, inspection, or other inquiry related to the programs covered by this system.
(11)*Contract Disclosure.* If the Department contracts with an entity for the purposes of performing any function that requires disclosure of records in this system to employees of the contractor, the Department may disclose the records to those employees. Before entering into such a contract, the Department shall require the contractor to maintain Privacy Act safeguards as required under 5 U.S.C. 552a(m) with respect to the records in the system.
(12)*Research Disclosure.* The Department may disclose records to a researcher if the Chief of Staff of Borrower Services of the Department determines that the individual or organization to which the disclosure would be made is qualified to carry out specific research related to functions or purposes of this system of records. The official may disclose records from this system of records to that researcher solely for the purpose of carrying out that research related to the functions or purposes of this system of records. The researcher shall be required to maintain Privacy Act safeguards with respect to the disclosed records.
(13)*Congressional Member Disclosure.* The Department may disclose the records of an individual to a member of Congress and his/her staff in response to an inquiry from the member made at the written request of that individual. The member's right to the information is no greater than the right of the individual who requested the inquiry.
(14)*Disclosure to OMB for Credit Reform Act
(CRA)Support.* The Department may disclose records to OMB as necessary to fulfill CRA requirements. Disclosure to Consumer Reporting Agencies: Pursuant to 5 U.S.C. 552a(b)(12), the Department may disclose to a consumer reporting agency information regarding a claim by the Department that is determined to be valid and overdue; such information is limited to:
(1)The name, address, taxpayer identification number, and other information necessary to establish the identity of the individual responsible for the claim;
(2)the amount, status, and history of the claim; and
(3)the program under which the claim arose. The Department may disclose the information specified in this paragraph under 5 U.S.C. 552a(b)(12) and the procedures contained in 31 U.S.C. 3711(e). A consumer reporting agency to which these disclosures may be made is defined in 31 U.S.C. 3701(a)(3). Policies and Practices for Storing, Retrieving, Accessing, Retaining, and Disposing of Records in the System: Storage: The records are maintained in hardcopy, microfilm, magnetic storage and optical storage media, such as tape, disk, etc. Retrievability: Records in this system are retrievable by social security number or name of the borrower. Safeguards: All physical access to the Department's site, and the sites of the Department's contractors where this system of records is maintained, is controlled and monitored by security personnel who check each individual entering the building for his or her employee or visitor badge. In accordance with the Department's Administrative Communications System Directive OM: 5-101 entitled “Contractor Employee Personnel Security Screenings,” all contract and Department personnel who have facility access and system access are required to undergo a security clearance investigation. Individuals requiring access to Privacy Act data are required to hold, at a minimum, a moderate-risk security clearance level. These individuals are required to undergo periodic screening at five-year intervals. In addition to conducting security clearances, contract and Department employees are required to complete security awareness training on an annual basis. Annual security awareness training is required to ensure that contract and Department users are appropriately trained in safeguarding Privacy Act data in accordance with OMB Circular No. A-130, Appendix III. The computer system employed by the Department offers a high degree of resistance to tampering and circumvention. This security system limits data access to Department and contract staff on a “need-to-know” basis, and controls individual users' ability to access and alter records within the system. All users of this system of records are given a unique user identification. The Department's Federal Student Aid Information Security and Privacy Policy requires the enforcement of a complex password policy. In addition to the enforcement of the complex password policy, users are required to change their password at least every 60 to 90 days in accordance with the Department's information technology standards. At the principal site of the Department's contractor in Meriden, Connecticut, additional physical security measures are in place and access is monitored 24 hours per day, 7 days a week. Retention and Disposal: Records are retained for five years after the debt is paid in full or otherwise closed out, and thereafter disposed of. System Manager and Address: General Manager, Borrower Services, Federal Student Aid, U.S. Department of Education, 830 First Street, NE., Union Center Plaza, 4th Floor, Washington, DC 20202-5345. Notification Procedure: If you wish to determine whether a record exists regarding you in the system of records, provide the system manager with your name, date of birth and social security number. Requests must meet the requirements of the regulations in 34 CFR 5b.5, including proof of identity. Record Access Procedure: If you wish to gain access to a record in this system, provide the system manager with your name, date of birth, and social security number. Requests by an individual for access to a record must meet the requirements of the regulations in 34 CFR 5b.5, including proof of identity. Contesting Record Procedure: If you wish to change the content of a record regarding you in the system of records, contact the system manager with your name, date of birth, and social security number, identify the specific items to be changed; and provide a written justification for the change. Requests to amend a record must meet the requirements of the regulations in 34 CFR 5b.7. Record Source Categories: The system includes information that the Department obtains from applicants and those individuals and their families who received a loan, or who are otherwise obligated to repay, a loan, grant, or scholarship held and collected by the Department. The Department also obtains information from references, guaranty agencies, educational and financial institutions, and their authorized representatives, Federal, State, or local agencies, private parties such as relatives, business and personal associates, and present and former employers; creditors, consumer reporting agencies, and adjudicative bodies. Exemptions Claimed for the System: None. Appendix to 18-11-16 Additional System Locations Additional System Locations U.S. Department of Education, 830 First Street, NE., UCP, Washington, DC 20202-5345. U.S. Department of Education, 50 United Nations Plaza, San Francisco, CA 94102. U.S. Department of Education, 111 North Canal Street, Chicago, IL 60606. U.S. Department of Education, 61 Forsyth Street, Atlanta, GA 30303. Pearson Government Solutions, 3833 Greenway Drive, Lawrence, KS 66046-5441. Pearson Government Solutions, 2400 Oakdale Boulevard, Coralville, IA 52241. ACS Education Services, Inc., 501 Bleecker Street, Utica, NY 13501. ACS Education Services, Inc., 401 34th Street, Bakersfield, CA 93301. ACS Education Services, Inc., 2277 East 220th Street, Long Beach, CA 90810. ACS Education Services, Inc., 2505 S. Finley Road, Suite 100, Lombard, IL 60148-4866. ACS Education Solutions, LLC, 12410 Milestone Center Drive, Germantown, MD 20876. ACS Education Solutions, LLC, 1 Curie Court, Rockville, MD 20850. Electronic Data Systems Corporation, 5th Floor, 10100 Linn Station Road, Louisville, KY 40223. Electronic Data Systems Corporation, 5th Floor, 474 South Court Street, Montgomery, AL 36104. Raytheon Company, 6201 I-30, Greenville, TX 75403. Affiliated Computer Services, Inc., 2828 N. Haskell Avenue, Building 5, 2nd Floor, Dallas, TX 75204. ABR Services, Inc., 14847 Persistence Drive, Woodbridge, VA 22191. ACS Print and Mail Services (Data Direct), 11475 Reeck Road, Southgate, MI 48195. EU Services, 649 North Horners Lane, Rockville, MD 20850. ACS State Healthcare Solutions, 9040 Roswell Road, Suite 700, Atlanta, GA 30350. [FR Doc. E6-746 Filed 1-20-06; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF ENERGY Environmental Management Site-Specific Advisory Board, Oak Ridge Reservation AGENCY: Department of Energy. ACTION: Notice of open meeting. SUMMARY: This notice announces a meeting of the Environmental Management Site-Specific Advisory Board (EM SSAB), Oak Ridge Reservation. The Federal Advisory Committee Act (Pub. L. No. 92-463, 86 Stat. 770) requires that public notice of this meeting be announced in the **Federal Register** . DATES: Wednesday, February 8, 2006, at 6 p.m. ADDRESSES: DOE Information Center, 475 Oak Ridge Turnpike, Oak Ridge, Tennessee. FOR FURTHER INFORMATION CONTACT: Pat Halsey, Federal Coordinator, Department of Energy Oak Ridge Operations Office, P.O. Box 2001, EM-90, Oak Ridge, TN 37831. Phone
(865)576-4025; Fax
(865)576-5333 or e-mail: *halseypj@oro.doe.gov* or check the Web site at *http://www.oakridge.doe.gov/em/ssab.* SUPPLEMENTARY INFORMATION: *Purpose of the Board:* The purpose of the Board is to make recommendations to DOE in the areas of environmental restoration, waste management, and related activities. *Tentative Agenda:* Strategic Planning for East Tennessee Technology Park Following Cleanup. *Public Participation:* The meeting is open to the public. Written statements may be filed with the Board either before or after the meeting. Individuals who wish to make oral statements pertaining to the agenda item should contact Pat Halsey at the address or telephone number listed above. Requests must be received five days prior to the meeting and reasonable provision will be made to include the presentation in the agenda. The Deputy Designated Federal Officer is empowered to conduct the meeting in a fashion that will facilitate the orderly conduct of business. Individuals wishing to make public comment will be provided a maximum of five minutes to present their comments. *Minutes:* Minutes of this meeting will be available for public review and copying at the Department of Energy's Information Center at 475 Oak Ridge Turnpike, Oak Ridge, TN between 8 a.m. and 5 p.m., Monday through Friday, or by writing to Pat Halsey, Department of Energy Oak Ridge Operations Office, P.O. Box 2001, EM-90, Oak Ridge, TN 37831, or by calling her at
(865)576-4025. Issued at Washington, DC on January 17, 2006. James N. Solit, Advisory Committee Management Officer. [FR Doc. E6-721 Filed 1-20-06; 8:45 am] BILLING CODE 6450-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. EC06-45-000, et al. ] Berkshire Hathaway, Inc. et al. ; Electric Rate and Corporate Filings January 13, 2006. The following filings have been made with the Commission. The filings are listed in ascending order within each docket classification. 1. Berkshire Hathaway Inc.and MidAmerican Energy Holdings Company [Docket No. EC06-45-000] Take notice that on December 27, 2005, Berkshire Hathaway Inc. and MidAmerican Energy Holdings Company (collectively, Applicants) tender for filing a notice of their withdrawal of their application under section 203 of the Federal Power Act submitted on December 21, 2005. *Comment Date:* 5 p.m. Eastern Time on January 23, 2006. 2. PJM Interconnection, LLC [Docket No. EL02-23-010] Take notice that on December 30, 2005, PJM Interconnection, LLC tendered for filing in compliance with Commission's Order of May 18, 2005, an information filing concerning operating of the “Protocols” adopted by the Commission in this proceeding. *Comment Date:* 5 p.m. Eastern Time on January 20, 2006. 3. Consolidated Edison Company of New York, Inc. [Docket No. EL02-23-01] Take notice that on December 30, 2005, Consolidated Edison Company of New York, Inc. tendered for filing in compliance with Commission's Order of May 18, 2005, an information filing concerning operating of the “Protocols” adopted by the Commission in this proceeding. *Comment Date:* 5 p.m. Eastern Time on January 20, 2006. 4. United Illuminating Company [Docket no. ER03-31-009] Take notice that on January 4, 2006, the United Illuminating Company tendered for filing an Interconnection Agreement By and Between the United Illuminating Company and Cross-Sound Cable Company, LLC in compliance with Commission Order issued December 5, 2005. *Comment Date:* 5 p.m. Eastern Time on January 25, 2006. 5. Midwest Independent Transmission System Operator, Inc. [Docket No. ER06-435-001] Take notice that on January 6, 2006, the Midwest Independent Transmission System Operator, Inc. tendered for filing a supplement to its December 30, 2005 filing of Large Generator Interconnection Agreement. *Comment Date:* 5 p.m. Eastern Time on January 27, 2006. 6. Xcel Energy Operating Companies [Docket No. ER06-468-000] Take notice that on January 6, 2006, Xcel Energy Services Inc.
(XSE)tendered for filing Joint Open Access Transmission Tariff, First Revised Volume No. 1, Second Revised Sheet No. 154; Second Revised Sheet No. 297 thru 300; and Second Revised Sheet No. 309. XSE states that these tariff sheets are being submitted on behalf of its utility operating companies. *Comment Date:* 5 p.m. Eastern Time on January 27, 2006. Standard Paragraph Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211, 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. On or before the comment date, it is not necessary to serve motions to intervene or protests on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov,* using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive email notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov,* or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. Magalie R. Salas, Secretary. [FR Doc. E6-689 Filed 1-20-06; 8:45 am] BILLING CODE 6717-01-P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission [Docket Nos. EC06-4-001, et al. ] LG&E Energy LLC et al. ; Electric Rate and Corporate Filings January 17, 2006. The following filings have been made with the Commission. The filings are listed in ascending order within each docket classification. 1. LG&E Energy LLC, Louisville Gas and Electric Company, et al. [Docket Nos. EC06-4-001 and ER06-20-001] Take notice that on January 10, 2006, LG&E Energy LLC, together with and on behalf of its public utility operating company subsidiaries Louisville Gas and Electric Company (collectively, Applicants), filed amendments to its application with the Commission seeking acceptance of certain rates, terms, and conditions necessary for them to:
(1)Withdraw from the Midwest Independent Transmission System Operator, Inc., and regain operational control of their respective transmission system,
(2)install a third party to act as reliability coordinator for their transmission facilities; and
(3)install an independent third party to act as tariff administrator for their transmission system. Applicants state the amendments include finalized versions of their Independent Transmission System Organization and Reliability Coordinator Agreements, as well as a final version of Applicants' Withdrawal Agreement with the Midwest ISO. *Comment Date:* 5 p.m. Eastern Time on January 25, 2006. 2. Duke Energy Marketing America, LLC, DTE Energy Trading, Inc. [Docket No. EC06-62-000] Take notice that on January 11, 2006, Duke Energy Marketing America, LLC
(DEMA)and DTE Energy Trading, Inc. (DTE Energy) (collectively, Applicants) submitted an application pursuant to section 203 of the Federal Power Act for authorization of a disposition of jurisdictional facilities in which DEMA proposes to transfer to DTE Energy three wholesale electric power sales contracts. Applicants have requested privileged treatment for commercially-sensitive information contained in the Application. *Comment Date:* 5 p.m. Eastern Time on February 2, 2006. 3. Duke Energy Trading and Marketing, L.L.C. [Docket No. EC06-63-000] Take notice that on January 12, 2006, Duke Energy Trading and Marketing, L.L.C.
(DETM)submitted an application pursuant to section 203 of the Federal Power Act for authorization of a disposition of jurisdictional facilities in which DETM proposes to transfer to Morgan Stanley Capital Group Inc. two wholesale electric power sales contracts. DETM has requested privileged treatment for commercially-sensitive information contained in the Application. *Comment Date:* 5 p.m. Eastern Time on February 3, 2006. 4. City of Azusa, California [Docket No. EL06-23-000] Take notice that on January 3, 2006, the City of Azusa, California submitted correction to its December 2, 2005 filing of third annual revision to its Transmission Revenue Balancing Account Adjustment. *Comment Date:* 5 p.m. Eastern Time on January 27, 2006. Standard Paragraph Any person desiring to intervene or to protest this filing must file in accordance with Rules 211 and 214 of the Commission's Rules of Practice and Procedure (18 CFR 385.211, 385.214). Protests will be considered by the Commission in determining the appropriate action to be taken, but will not serve to make protestants parties to the proceeding. Any person wishing to become a party must file a notice of intervention or motion to intervene, as appropriate. Such notices, motions, or protests must be filed on or before the comment date. On or before the comment date, it is not necessary to serve motions to intervene or protests on persons other than the Applicant. The Commission encourages electronic submission of protests and interventions in lieu of paper using the “eFiling” link at *http://www.ferc.gov.* Persons unable to file electronically should submit an original and 14 copies of the protest or intervention to the Federal Energy Regulatory Commission, 888 First Street, NE., Washington, DC 20426. This filing is accessible on-line at *http://www.ferc.gov,* using the “eLibrary” link and is available for review in the Commission's Public Reference Room in Washington, DC. There is an “eSubscription” link on the Web site that enables subscribers to receive e-mail notification when a document is added to a subscribed docket(s). For assistance with any FERC Online service, please e-mail *FERCOnlineSupport@ferc.gov,* or call
(866)208-3676 (toll free). For TTY, call
(202)502-8659. Magalie R. Salas, Secretary. [FR Doc. E6-692 Filed 1-20-06; 8:45 am] BILLING CODE 6717-01-P ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-ORD-2006-0031; FRL-8023-6] Board of Scientific Counselors, Executive Committee Meeting—February 2006 AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of meeting. SUMMARY: Pursuant to the Federal Advisory Committee Act, Public Law 92-463, the Environmental Protection Agency, Office of Research and Development (ORD), gives notice of one meeting of the Board of Scientific Counselors
(BOSC)Executive Committee. DATES: The meeting will be held on Monday, February 13, 2006 from 8:30 a.m. to 5:30 p.m. The meeting will continue on Tuesday, February 14, 2006 from 8:30 a.m. to 1 p.m. All times noted are eastern time. The meeting may adjourn early if all business is finished. Requests for the draft agenda or for making oral presentations at the meeting will be accepted up to 1 business day before the meeting. ADDRESSES: The meeting will be held at the Grand Hyatt Washington hotel, 1000 H Street, NW., Washington, DC 20001. Submit your comments, identified by Docket ID No. EPA-HQ-ORD-2006-0031, by one of the following methods: • *http://www.regulations.gov:* Follow the on-line instructions for submitting comments. • *E-mail:* Send comments by electronic mail (e-mail) to: *ORD.Docket@epa.gov,* Attention Docket ID No. EPA-HQ-ORD-2006-0031. • *Fax:* Fax comments to:
(202)566-0224, Attention Docket ID No. EPA-HQ-ORD-2006-0031. • *Mail:* Send comments by mail to: Board of Scientific Counselors, Executive Committee Meeting—February 2006 Docket, Mailcode: 28221T, 1200 Pennsylvania Ave., NW., Washington, DC, 20460, Attention Docket ID No. EPA-HQ-ORD-2006-0031. • *Hand Delivery or Courier.* Deliver comments to: EPA Docket Center (EPA/DC), Room B102, EPA West Building, 1301 Constitution Avenue, NW., Washington, DC, Attention Docket ID No. EPA-HQ-ORD-2006-0031. Note: This is not a mailing address. Such deliveries are only accepted during the docket's normal hours of operation, and special arrangements should be made for deliveries of boxed information. *Instructions:* Direct your comments to Docket ID No. EPA-HQ-ORD-2006- 0031. EPA's policy is that all comments received will be included in the public docket without change and may be made available online at *http://www.regulations.gov,* including any personal information provided, unless the comment includes information claimed to be Confidential Business Information
(CBI)or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through www.regulations.gov or e-mail. The *http://www.regulations.gov* Web site is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through *http://www.regulations.gov,* your e-mail address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD-ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA's public docket visit the EPA Docket Center homepage at *http://www.epa.gov/epahome/dockets.htm.* *Docket:* All documents in the docket are listed in the *http://www.regulations.gov* index. Although listed in the index, some information is not publicly available, *e.g.* , CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in *http://www.regulations.gov* or in hard copy at the Board of Scientific Counselors, Executive Committee—February 2006 Docket, EPA/DC, EPA West, Room B102, 1301 Constitution Ave., NW., Washington, DC. The Public Reading Room is open from 8:30 a.m. to 4:30 p.m., Monday through Friday, excluding legal holidays. The telephone number for the Public Reading Room is
(202)566-1744, and the telephone number for the ORD Docket is
(202)566-1752. FOR FURTHER INFORMATION CONTACT: The Designated Federal Officer via mail at: Lorelei Kowalski, Mail Code 8104-R, Office of Science Policy, Office of Research and Development, Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460; via phone/voice mail at:
(202)564-3408; via fax at:
(202)565-2911; or via e-mail at: *kowalski.lorelei@epa.gov.* SUPPLEMENTARY INFORMATION: General Information Any member of the public interested in receiving a draft BOSC agenda or making a presentation at the meeting may contact Lorelei Kowalski, the Designated Federal Officer, via any of the contact methods listed in the FOR FURTHER INFORMATION CONTACT section above. In general, each individual making an oral presentation will be limited to a total of three minutes. Proposed agenda items for the meeting include, but are not limited to: discussion of draft reports from the Global Change and Land Subcommittees, and draft letter report from the Management Multi-Year Plan Workgroup; update on subcommittees for the Water Quality, Science to Achieve Results (STAR)/Greater Research Opportunities
(GRO)Fellowship, and Technology for Sustainability program reviews; update on the Computational Toxicology Subcommittee; update on the BOSC risk assessment workshop held in February 2005; briefing on ORD's technology for sustainability research program; presentation of ORD responses to four recent BOSC reports; update on EPA's Science Advisory Board activities; discussion of emerging science issues; and future issues and plans. The meeting is open to the public. *Information on Services for Individuals with Disabilities:* For information on access or services for individuals with disabilities, please contact Lorelei Kowalski at
(202)564-3408 or *kowalski.lorelei@epa.gov.* To request accommodation of a disability, please contact Lorelei Kowalski, preferably at least 10 days prior to the meeting, to give EPA as much time as possible to process your request. Dated: January 13, 2006. Mary Ellen Radzikowski, Acting Director, Office of Science Policy. [FR Doc. E6-726 Filed 1-20-06; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [EPA-HQ-OPP-2005-0302; FRL-7751-9] Notice of Filing of a Pesticide Petition for the Establishment of Regulations for the Residues of the Insecticide Metaflumizone in or on Food and Feed Commodities AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: This notice announces the initial filing of a pesticide petition proposing the establishment of regulations for residues of the insecticide metaflumizone (mixture comprising 4-(2E)-2-([4-(trifluoromethoxy)anilino] carbonylhydrazono)-2-[3-(trifluoromethyl)phenyl] ethylbenzonitrile and 4-(2Z)-2-([4-(trifluoromethoxy)anilino] carbonyl hydrazono)-2-[3-(trifluoromethyl) phenyl] ethylbenzonitrile) in or on cotton (seed and gin trash), cattle and hen (fat and meat), liver and kidney (meat byproducts), milk and egg. DATES: Comments must be received on or before February 22, 2006. ADDRESSES: Submit your comments, identified by docket identification
(ID)number EPA-HQ-OPP-2005-0302 and pesticide petition
(PP)number PP 5F6944, by one of the following methods: • *http://www.regulations.gov/* . Follow the on-line instructions for submitting comments. • *E-mail* : *opp.docket@epa.gov* . • *Mail* : Public Information and Records Integrity Branch (PIRIB) (7502C), Office of Pesticide Programs (OPP), Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001. • *Hand Delivery* : Public Information and Records Integrity Branch (PIRIB) (7502C), Office of Pesticide Programs (OPP), Environmental Protection Agency, Rm. 119, Crystal Mall #2, 1801 S. Bell St., Arlington, VA, Attention: Docket ID number EPA-HQ-OPP-2005-0302. The docket facility is open from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The telephone number for the docket facility is
(703)305-5805. Such deliveries are only accepted during the Docket's normal hours of operation, and special arrangements should be made for deliveries of boxed information. *Instructions* : Direct your comments to docket ID number EPA-HQ-OPP-2005-0302. EPA's policy is that all comments received will be included in the public docket without change and may be made available on-line at *http://www.regulations.gov/* , including any personal information provided, unless the comment includes information claimed to be Confidential Business Information
(CBI)or other information whose disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through www.regulations.gov or e-mail. The www.regulations.gov website is an “anonymous access” system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an e-mail comment directly to EPA without going through www.regulations.gov, your e-mail address will be captured automatically and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD ROM you submit. If EPA cannot read your comment due to technical difficulties and cannot contact you for clarification, EPA may not be able to consider your comment. Electronic files should avoid the use of special characters, any form of encryption, and be free of any defects or viruses. For additional information about EPA's public docket, visit the EPA Docket Center homepage at *http://www.epa.gov/epahome/docket.htm/* . *Docket* : All documents in the docket are listed in the www.regulation.gov index. Although listed in the index, some information is not publicly available, i.e., CBI or other information whose disclosure is restricted by statute. Certain other material, such as copyrighted material, will be publicly available only in hard copy. Publicly available docket materials are available either electronically in www.regulations.gov or in hard copy at the Public Information and Records Integrity Branch (PIRIB) (7502C), Office of Pesticide Programs (OPP), Environmental Protection Agency, Rm. 119, Crystal Mall #2, 1801 S. Bell St., Arlington, VA. The docket facility is open from 8:30 a.m. to 4 p.m., Monday through Friday, excluding legal holidays. The telephone number for the docket facility is
(703)305-5805. FOR FURTHER INFORMATION CONTACT: Ann Hanger, Registration Division (7505C), Office of Pesticide Programs, Environmental Protection Agency, 1200 Pennsylvania Ave., NW., Washington, DC 20460-0001; telephone number:
(703)306-0395; e-mail address: *hanger.ann@epa.gov.* SUPPLEMENTARY INFORMATION: I. General Information A. Does this Action Apply to Me? You may be potentially affected by this action if you are an agricultural producer, food manufacturer, or pesticide manufacturer. Potentially affected entities may include, but are not limited to: • Crop production (NAICS code 111). • Animal production (NAICS code 112). • Food manufacturing (NAICS code 311). • Pesticide manufacturing (NAICS code 32532). This listing is not intended to be exhaustive, but rather provides a guide for readers regarding entities likely to be affected by this action. Other types of entities not listed in this unit could also be affected. The North American Industrial Classification System (NAICS) codes have been provided to assist you and others in determining whether this action might apply to certain entities. If you have any questions regarding the applicability of this action to a particular entity, consult the person listed under FOR FURTHER INFORMATION CONTACT . B. What Should I Consider as I Prepare My Comments for EPA? 1. *Submitting CBI* . Do not submit this information to EPA through www.regulations.gov or e-mail. Clearly mark the part or all of the information that you claim to be CBI. For CBI information in a disk or CD ROM that you mail to EPA, mark the outside of the disk or CD ROM as CBI and then identify electronically within the disk or CD ROM the specific information that is claimed as CBI. In addition to one complete version of the comment that includes information claimed as CBI, a copy of the comment that does not contain the information claimed as CBI must be submitted for inclusion in the public docket. Information so marked will not be disclosed except in accordance with procedures set forth in 40 CFR part 2. 2. *Tips for preparing your comments* . When submitting comments, remember to: • Identify the document by docket ID number and other identifying information (subject heading, **Federal Register** date and page number). • Follow directions. The Agency may ask you to respond to specific questions or organize comments by referencing a Code of Federal Regulations
(CFR)part or section number. • Explain why you agree or disagree; suggest alternatives and substitute language for your requested changes. • Describe any assumptions and provide any technical information and/or data that you used. • If you estimate potential costs or burdens, explain how you arrived at your estimate in sufficient detail to allow for it to be reproduced. • Provide specific examples to illustrate your concerns, and suggest alternatives. • Explain your views as clearly as possible, avoiding the use of profanity or personal threats. • Make sure to submit your comments by the comment period deadline identified. II. What Action is the Agency Taking? EPA is printing a summary of a pesticide petition received under section 408 of the Federal Food, Drug, and Cosmetic Act (FFDCA), 21 U.S.C. 346a, proposing the amendment of regulations in 40 CFR part 180.473(d) for the residues of the insecticide metaflumizone (mixture comprising 4-(2E)-2-([4-(trifluoromethoxy) anilino] carbonylhydrazono)-2-[3-(trifluoromethyl) phenyl] ethylbenzonitrile and 4-(2Z)-2-([4-(trifluoromethoxy)anilino] carbonyl hydrazono)-2-[3-(trifluoromethyl) phenyl]ethylbenzonitrile) in or on cotton (seed and gin trash); cow and hen (meat and fat); kidney and liver (meat byproducts); milk, and egg food and feed commodities. EPA has determined that this pesticide petition contains data or information regarding the elements set forth in FFDCA section 408(d)(2); however, EPA has not fully evaluated the sufficiency of the submitted data at this time or whether the data support granting of the pesticide petition. Additional data may be needed before EPA rules on this pesticide petition. Pursuant to 40 CFR 180.7(f), a summary of the petition included in this notice, prepared by the petitioner along with a description of the analytical method available for the detection and measurement of the pesticide chemical residues is available on EPA's Electronic Docket at *http://www.regulations.gov/* . To locate this information on the home page of EPA's Electronic Docket, select “Quick Search” and type the OPP docket ID number EPA-HQ-OPP-2005-0302 for the pesticide petition (as specified in Unit I.B.1.) in the search field. Once the search has located the docket, clicking on the “Docket ID” will bring up a list of all documents in the docket for the pesticide including the petition summary. New Tolerance *PP 5F6944* . BASF Corporation, P.O. Box 13528, Research Triangle Park, NC 27709, proposes to establish tolerances for residues of the insecticide metaflumizone in or on the commodities cotton, seed at 0.05 parts per million (ppm); cotton, gin trash at 35.0 ppm; cattle and poultry, meat at 0.05 ppm; cattle and poultry, fat at 0.5 ppm; kidney and liver, meat byproducts at 0.05 ppm; milk at 0.05 ppm; and eggs at 0.1 ppm. BASF Analytical Method No. 531/0 was developed to determine residues of metaflumizone (E- and Z-Isomer) and its metabolites (M320I04 and M320I23), the residues of concern in plants and in crop matrices. In this method, residues of metaflumizone are extracted from plant matrices with methanol/water (70:30; v/v) and then partitioned into dichloromethane. For oily matrices, the residues are extracted with a mixture of isohexane/acetonitrile (1:1; v/v). For animal matrices, a method was developed to determine the residues of metaflumizone (E-and Z-Isomer), the residues of concern. For clean-up, a liquid/liquid partition against dichloromethane is used. The final determination of metaflumizone is performed by using HPLC-MS-MS. List of Subjects Environmental protection, Agricultural commodities, Feed additives, Food additives, Pesticides and pests, Reporting and recordkeeping requirements. Dated: January 12, 2006. Lois Rossi, Director, Registration Division, Office of Pesticide Programs. [FR Doc. 06-578 Filed 1-20-05; 8:45 am]
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