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Code · REGISTER · 2006-03-01 · Social Security Administration · Proposed Rules

Proposed Rules. Notice of proposed rulemaking

12,804 words·~58 min read·/register/2006/03/01/06-1935

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

BILLING CODE 3510-06-P SOCIAL SECURITY ADMINISTRATION 20 CFR Parts 404 and 416 [Regulation Nos. 4 and 16] RIN 0960-AG05 Optometrists as Acceptable Medical Sources to Establish a Medically Determinable Impairment AGENCY: Social Security Administration. ACTION: Notice of proposed rulemaking. SUMMARY: We propose to revise the Social Security and Supplemental Security Income
(SSI)disability regulations regarding sources of evidence for establishing a medically determinable impairment under titles II and XVI of the Social Security Act (the Act). The revised regulations would expand the situations in which we consider licensed optometrists to be “acceptable medical sources”. DATES: To be sure that your comments are considered, we must receive them by May 1, 2006. ADDRESSES: You may give us your comments by: using our Internet site facility ( *i.e.* , Social Security Online) at *http://policy.ssa.gov/erm/rules.nsf/Rules+Open+To+Comment* or the Federal eRulemaking Portal at *http://www.regulations.gov;* e-mail to *regulations@ssa.gov* ; telefax to
(410)966-2830; or letter to the Commissioner of Social Security, P.O. Box 17703, Baltimore, MD 21235-7703. You may also deliver them to the Office of Regulations, Social Security Administration, 100 Altmeyer Building, 6401 Security Boulevard, Baltimore, MD 21235-6401, between 8 a.m. and 4:30 p.m. on regular business days. Comments are posted on our Internet site, at *http://policy.ssa.gov/erm/rules.nsf/Rules+Open+To+Comment,* or you may inspect them on regular business days by making arrangements with the contact person shown in this preamble. Electronic Version The electronic file of this document is available on the date of publication in the **Federal Register** at *http://www.gpoaccess.gov/fr/index.html.* It is also available on the Internet site for SSA ( *i.e.* , Social Security Online) at *http://policy.ssa.gov/erm/rules.nsf/Rules+Open+To+Comment.* FOR FURTHER INFORMATION CONTACT: Rosemarie A. Greenwald, Social Insurance Specialist, Social Security Administration, 100 Altmeyer Building, 6401 Security Boulevard, Baltimore, MD 21235-6401,
(410)966-7813 or TTY 410-966-5609. For information on eligibility or filing for benefits, call our national toll-free number 1-800-772-1213 or TTY 1-800-325-0778, or visit our Internet Web site, Social Security Online, at *http://www.socialsecurity.gov.* SUPPLEMENTARY INFORMATION: What is an “acceptable medical source”? Our rules provide that you must show that you have a medically determinable impairment with evidence from an acceptable medical source. An acceptable medical source is an individual who has the training and expertise to provide us with the signs and laboratory findings based on medically acceptable clinical and laboratory diagnostic techniques that establish a medically determinable physical or mental impairment. Our regulations identify professionals whom we consider to be acceptable medical sources. (See §§ 404.1513(a) and 416.913(a).) They are: • Licensed physicians (medical or osteopathic doctors); • Licensed or certified psychologists. Included are school psychologists, or other licensed or certified individuals with other titles who perform the same function as a school psychologist in a school setting, for purposes of establishing mental retardation, learning disabilities, and borderline intellectual functioning only; • Licensed optometrists, for the measurement of visual acuity and visual fields (for claims under title II, we may need a report from a physician to determine other aspects of eye diseases); • Licensed podiatrists, for purposes of establishing impairments of the foot, or foot and ankle only, depending on whether the State in which the podiatrist practices permits the practice of podiatry on the foot only, or the foot and ankle; • Qualified speech-language pathologists, for purposes of establishing speech or language impairments only. Our current rules in §§ 404.1513(d) and 416.913(d) provide that, once we have established that you have a medically determinable impairment, we consider all other relevant evidence from other medical and non-medical sources, including your own statements, to determine its severity and how it affects you. Why are we proposing to change our rules? As medical science changes, it is our duty to review our policies and make appropriate revisions. In the early 1990s, we discussed expanding the role of optometrists as acceptable medical sources with the American Optometric Association (AOA). However, because licensing regulations varied considerably among jurisdictions at that time, we found that it was not feasible for us to revise our policy. Recently, we met with representatives of the AOA again and obtained information about the education, qualifications, and state scope-of-practice laws related to optometrists. Based on our review of accreditation requirements and practice guidelines, we have determined that, with the exception of the U.S. Virgin Islands, the licensing requirements, scope of treatment, and diagnostic protocols for licensed optometrists are sufficient to qualify virtually all licensed optometrists as acceptable medical sources for visual disorders. Therefore, we believe it is now appropriate to propose to revise our regulations to authorize licensed optometrists as acceptable medical sources for visual disorders in all jurisdictions but the U.S. Virgin Islands. 1 1 The U.S. Virgin Islands do not allow optometrists to administer or prescribe pharmaceuticals, including topical application of pharmaceuticals for diagnostic or treatment purposes. Because a complete evaluation of the eye includes the use of diagnostic pharmaceuticals, optometrists in the U.S. Virgin Islands are not qualified to perform a complete evaluation of the eye. Why was this solution chosen? The revised regulations would expand the situations in which we consider licensed optometrists to be “acceptable medical sources”. We would be able to make more decisions based on medical evidence of record, rather than having to purchase time-consuming and expensive consultative examinations. Therefore, these regulations would help some individuals with visual disorders qualify for benefits more quickly. What rules are we proposing to revise? We propose to revise §§ 404.1513(a)(3) and 416.913(a)(3) to provide that, except in the U.S. Virgin Islands, licensed optometrists would be acceptable medical sources for purposes of establishing a medically determinable impairment for visual disorders only. However, we will maintain our current rules for licensed optometrists in the U.S. Virgin Islands, where they will continue to be acceptable medical sources for measurement of visual acuity and visual fields only. What programs would these proposed regulations affect? These proposed rules would affect disability and blindness determinations and decisions that we make under titles II and XVI of the Act. In addition, to the extent that Medicare entitlement and Medicaid eligibility are based on whether you qualify for disability benefits under title II or disability or blindness under title XVI, these proposed rules would also affect the Medicare and Medicaid programs. Who can get disability benefits? Under title II of the Act, we provide for the payment of disability benefits if you are disabled and belong to one of the following three groups: • Workers insured under the Act, • Children of insured workers, and • Widows, widowers, and surviving divorced spouses (see § 404.336) of insured workers. Under title II of the Act, you may qualify for a period of disability if you are insured for disability under Social Security and are under a disability as defined in section 216(i)(1) of the Act. That section defines disability to include statutory blindness, for purposes of establishing a period of disability under title II. If we find that you are blind and you meet the insured status requirement, we may establish a period of disability for you regardless of whether you can do substantial gainful activity (SGA). A period of disability protects your earnings record under Social Security so that the time you are disabled will not count against you in determining whether you will have worked long enough to qualify for benefits and the amount of your benefits. *See* §§ 404.320, 404.1505, 404.1581, and 404.1582. Under title XVI of the Act, we provide for Supplemental Security Income
(SSI)payments on the basis of disability or blindness if you are disabled or blind and have limited income and resources. How do we define blindness? For both the title II and title XVI programs, the Act defines blindness as “central visual acuity of 20/200 or less in the better eye with the use of a correcting lens. An eye which is accompanied by a limitation in the fields of vision such that the widest diameter of the visual field subtends an angle no greater than 20 degrees shall be considered * * * as having a central visual acuity of 20/200 or less.” ( *See* sections 216(i)(1) and 1614(a)(2) of the Act.) Title II of the Act does not provide a separate category of benefits based on blindness. However, you may be entitled to benefits based on disability under title II of the Act if you are blind. By contrast, title XVI of the Act provides for a category of payments based on blindness as well as a category of payments based on disability. If you are blind and meet the SSI income and resources requirements, you may be eligible for SSI payments based on blindness. Your blindness does not have to meet a 12-month duration requirement for you to be eligible for these payments. Also, there is no requirement that you be unable to do any SGA. However, if you are working, we will consider your earnings to determine if you are eligible for SSI payments. How do we decide whether you are disabled? If you are applying for disability benefits under title II of the Act, section 404.1513(a) of our regulations provides that we need evidence from acceptable medical sources to establish whether you have a medically determinable impairment(s). Therefore, in general, to be entitled to disability benefits under title II, your blindness must result from a medically determinable impairment and meet the 12-month duration requirement. ( *See* §§ 404.1508, 404.1513, and 404.1581.) Also, if you are under age 55, you must be unable to do any SGA. ( *See* §§ 404.1582 and 404.1584(b).) Even though you are doing SGA, we may still find that you are entitled to title II disability benefits if— • You are blind; • You are age 55 or older; and • You are unable to use the skills or abilities like the ones you used in any SGA which you did regularly and for a substantial period of time. However, we will not pay you any cash benefits for any month in which you are doing SGA. ( *See* §§ 404.1583 and 404.1584(c).) Section 416.913(a) of our regulations states that if you are claiming benefits under title XVI on the basis of disability, not blindness, your disability must result from a medically determinable impairment documented by acceptable medical sources. However, blindness is treated differently under title XVI of the Act. Under title XVI, blindness and disability are separate categories of SSI payments, and the requirements for eligibility based on blindness are different from the requirements for eligibility based on disability. Under title XVI, the only evidence we need to establish statutory blindness is evidence showing that your visual acuity or visual field, in the better eye, meets the criteria described in the section “How do we define blindness?” provided that those measurements are consistent with the other evidence in your case record. We do not need to determine the cause of your blindness for you to be eligible for SSI payments based on blindness. Also, there is no duration requirement for statutory blindness under title XVI ( *See* §§ 416.981 and 416.983). Section 416.913(f) provides that if you are applying for benefits under title XVI on the basis of statutory blindness, we will require an examination by a physician skilled in diseases of the eye or by an optometrist, whichever you may select. What is a “medically determinable impairment”? We will not consider you to be disabled or blind unless you furnish medical and other evidence that we need to show that you are disabled or blind. (See sections 223(d)(5)(A) and 1614(a)(3)(H)(i) of the Act, and §§ 404.1512(a) and 416.912(a) of our regulations.) The Act requires that you show that your disability results from a medically determinable physical or mental impairment. A physical or mental impairment is an impairment that results from anatomical, physiological, or psychological abnormalities which are demonstrable by medically acceptable clinical and laboratory diagnostic techniques. (See sections 223(d)(3) and 1614(a)(3)(D) of the Act.) Our regulations provide that a physical or mental impairment must be established by medical evidence consisting of signs, symptoms, and laboratory findings. (See §§ 404.1508 and 416.908.) What is our authority to make rules and set procedures for determining whether a person is disabled under the statutory definition? Section 205(a) of the Act and, by reference to section 205(a), section 1631(d)(1) provides that: The Commissioner of Social Security shall have full power and authority to make rules and regulations and to establish procedures, not inconsistent with the provisions of this title, which are necessary or appropriate to carry out such provisions, and shall adopt reasonable and proper rules and regulations to regulate and provide for the nature and extent of the proofs and evidence and the method of taking and furnishing the same in order to establish the right to benefits hereunder. When will we start to use these rules? We will not use these rules until we evaluate the public comments we receive on them, determine whether they should be issued as final rules, and issue final rules in the **Federal Register** . If we publish final rules, we will explain in the preamble how we will apply them, and summarize and respond to the public comments. Until the effective date of any final rules, we will continue to use our current rules. Clarity of these proposed rules Executive Order 12866, as amended by Executive Order 13258, requires each agency to write all rules in plain language. In addition to your substantive comments on these proposed rules, we invite your comments on how to make them easier to understand. For example: • Have we organized the material to suit your needs? • Are the requirements in the rules clearly stated? • Do the rules contain technical language or jargon that is not clear? • Would a different format (grouping and order of sections, use of headings, paragraphing) make the rules easier to understand? • Would more (but shorter) sections be better? • Could we improve clarity by adding tables, lists, or diagrams? • What else could we do to make the rules easier to understand? Regulatory Procedures Executive Order 12866 We have consulted with the Office of Management and Budget
(OMB)and determined that these proposed rules meet the requirements for a significant regulatory action under Executive Order 12866, as amended by Executive Order 13258. Thus, they were subject to OMB review. Regulatory Flexibility Act We certify that these proposed rules would not have a significant economic impact on a substantial number of small entities because they would affect only individuals. Thus, a regulatory flexibility analysis as provided in the Regulatory Flexibility Act, as amended, is not required. Paperwork Reduction Act These proposed rules do not impose any new reporting requirements on the public. List of References During development of these proposed rules, we reviewed the following information: • Council on Optometric Education, *Accreditation Manual: Professional Optometric Degree Programs* , St. Louis, MO, 10/1998. • American Optometric Association, *State/Territory Statutory Language the Practice of Optometry* , 3/2002. • American Optometric Association, *Optometric Clinical Practice Guidelines.* 1. *Comprehensive Adult Eye and Vision Examination* , St. Louis, MO, 5/1/1994. 2. *Care of the Patient with Primary Angle Closure Glaucoma* , St. Louis, MO, 6/23/1994. 3. *Care of the Patient with Anterior Uveitis* , St. Louis, MO, 6/23/1994. 4. *Care of the Patient with Age-Related Macular Degeneration* , St. Louis, MO, 6/23/1994. 5. *Care of the Patient with Amblyopia* , St. Louis, MO, 6/29/1994. 6. *Care of the Patient with Open Angle Glaucoma* , St. Louis, MO, 3/23/1995. 7. *Care of the Patient with Retinal Detachment and Related Peripheral Vitreoretinal Disease* , St. Louis, MO, 4/27/1995. 8. *Care of the Patient with Strabismus: Esotropia and Exotropia* , St. Louis, MO, 6/28/1995. 9. *Care of the Adult Patient with Cataract* , St. Louis, MO, 6/28/1995. 10. *Care of the Patient with Diabetes Mellitus* , St. Louis, MO, 5/1/1998. • National Board of Examiners in Optometry, “Topic outline of national test”, *http://www.optometry.org.* These references are included in the rulemaking record for these proposed rules and are available for inspection by interested individuals making arrangements with the contact person shown in this preamble. (Catalog of Federal Domestic Assistance Program Nos. 96.001, Social Security—Disability Insurance; 96.002, Social Security—Retirement Insurance; 96.004, Social Security—Survivors Insurance; 96.006, Supplemental Security Income.) List of Subjects 20 CFR Part 404 Administrative practice and procedure, Blind, Disability benefits, Old-age, Survivors and Disability Insurance, Reporting and recordkeeping requirements, Social Security. 20 CFR Part 416 Administrative practice and procedure, Aged, Blind, Disability benefits, Public assistance programs, Reporting and recordkeeping requirements, Supplemental Security Income (SSI). Dated: December 20, 2006. Jo Anne B. Barnhart, Commissioner of Social Security. For the reasons set out in the preamble, we propose to amend subpart P of part 404 and subpart I of part 416 of chapter III of title 20 of the Code of Federal Regulations as set forth below: PART 404—FEDERAL OLD-AGE, SURVIVORS AND DISABILITY INSURANCE (1950- ) Subpart P—[Amended] 1. The authority citation for subpart P of part 404 continues to read as follows: Authority: Secs. 202, 205(a), (b), and (d)-(h), 216(i), 221(a) and (i), 222(c), 223, 225, and 702(a)(5) of the Social Security Act (42 U.S.C. 402, 405(a), (b), and (d)-(h), 416(i), 421(a) and (i), 422(c), 423, 425, and 902(a)(5)); sec. 211(b), Pub. L. 104-193, 110 Stat. 2105, 2189. 2. Revise § 404.1513(a)(3) to read as follows: § 404.1513 Medical and other evidence of your impairment(s).
(a)* * *
(3)Licensed optometrists, for purposes of establishing visual disorders only (except, in the U.S. Virgin Islands, licensed optometrists, for the measurement of visual acuity and visual fields only); PART 416—SUPPLEMENTAL SECURITY INCOME FOR THE AGED, BLIND, AND DISABLED Subpart I—[Amended] 3. The authority citation for subpart I of part 416 continues to read as follows: Authority: Secs. 702(a)(5), 1611, 1614, 1619, 1631(a), (c), and (d)(1), and (p), and 1633 of the Social Security Act (42 U.S.C. 902(a)(5), 1382, 1382c, 1382h, 1383(a), (c), and (d)(1), and (p), and 1383b; secs. 4(c) and 5, 6(c)-(e), 14(a), and 15, Pub. L. 98-460, 98 Stat. 1794, 1801, 1802, and 1808 (42 U.S.C. 421 note, 423 note, 1382h note). 4. Revise § 416.913(a)(3) to read as follows: § 416.913 Medical and other evidence of your impairment(s).
(a)* * *
(3)Licensed optometrists, for purposes of establishing visual disorders only (except, in the U.S. Virgin Islands, licensed optometrists, for the measurement of visual acuity and visual fields only). (See paragraph
(f)of this section for the evidence needed for statutory blindness); [FR Doc. E6-2852 Filed 2-28-06; 8:45 am] BILLING CODE 4191-02-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 600 [Docket No. 050520139-6034-03; I.D. 030305A] RIN 0648-AS46 Magnuson-Stevens Act Provisions; Fishing Capacity Reduction Program; Bering Sea/Aleutian Islands King and Tanner Crabs; Industry Fee System for Fishing Capacity Reduction Loan AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Proposed rule; request for comments. SUMMARY: NMFS publishes this proposed rule to exempt any crab landed under the Community Development Quota
(CDQ)Program from the fee regulations for the Bering Sea/Aleutian Islands King and Tanner Crab Fishing Capacity Reduction Program, to provide that crab buyers disburse fee collections to NMFS not later than the 7th calendar day of each month, and to provide that the annual report from each crab buyer shall be submitted to NMFS by July 1 of each calendar year. The fee regulations otherwise remain unchanged. The intent of this proposed rule is to modify the fee rules so that they do not apply to any crab allocated pursuant to the CDQ Program, and to ease the fee collection burden for crab buyers. DATES: Written comments on this proposed rule must be received by March 31, 2006. ADDRESSES: You may submit comments by any of the following methods: • E-mail: *0648-AS46@noaa.gov* . Include in the subject line the following identifier: BSAI Crab Buyback RIN 0648-AS46. E-mail comments, with or without attachments, are limited to 5 megabytes. • Federal e-Rulemaking Portal: *http:www.regulations.gov* . • Mail: Michael A. Sturtevant, Financial Services Division, National Marine Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910-3282. • Fax:
(301)713-1306. FOR FURTHER INFORMATION CONTACT: Michael A. Sturtevant, Financial Services Division, NMFS headquarters, at 301-713-2390. SUPPLEMENTARY INFORMATION: Electronic Access This **Federal Register** document is also accessible via the Internet at the Office of the **Federal Register** 's Web site at *http://www.access.gpo.gov/su-docs/aces/aces140.html* . Background Sections 312(b)-(e) of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1861a(b) through (e)) generally authorized fishing capacity reduction programs. In particular, section 312(d) authorized industry fee systems for repaying the reduction loans which finance reduction program costs. Subpart L of 50 CFR part 600 is the framework rule generally implementing sections 312(b)-(e). Sections 1111 and 1112 of the Merchant Marine Act, 1936 (46 App. U.S.C. 1279f and 1279g) generally authorized reduction loans. The Consolidated Appropriations Act of 2001 (Public Law 106-554) directed the Secretary of Commerce to establish a $100 million fishing capacity reduction program in the Bering Sea/Aleutian Islands king and Tanner crab fishery. Congress amended the authorizing act twice (Public Law 107-20 and Public Law 107-117), once to change the crab reduction program's funding from a $50 million appropriation and a $50 million loan to a $100 million loan and once to clarify provisions about crab fishery vessels. NMFS published the crab reduction program's proposed implementation rule on December 12, 2002 (67 FR 76329) and its final rule on December 12, 2003 (68 FR 69331). Anyone interested in the program's full implementation details should refer to these two documents. NMFS initially proposed and adopted the program's implementation rule as section 600.1018 of Subpart L of 50 CFR part 600, but NMFS has since, without other change, re-designated the rule as section 600.1103 in a new subpart M of part 600. NMFS allocated the prospective $97,399,357.11 million reduction loan to the six reduction endorsement fisheries involved, as the following sub-amounts: 1. Bristol Bay red king, $17,129,957.23, 2. BSAI *C. opilio* and *C. bairdi* , $66,410,767.20, 3. Aleutian Islands brown king, $6,380,837.19, 4. Aleutian Islands red king, $237,588.04, 5. Pribilof red king and blue king, $1,571,216.35, and 6. St. Matthew blue king, $5,668,991.10. On November 24, 2004, NMFS published another **Federal Register** notice (69 FR 68313) advising the public that NMFS would, beginning on December 27, 2004, tender the crab reduction program's reduction payments to the 25 accepted bidders. On December 27, 2004, NMFS required all accepted bidders to then permanently stop all further fishing with the reduction vessels and permits. Subsequently, NMFS: 1. Disbursed $97,399,357.11 in reduction payments to 25 accepted bidders; 2. Revoked the relinquished reduction permits; 3. Revoked each reduction vessel's fishing history; 4. Notified the National Vessel Documentation Center to revoke the reduction vessels' fishery trade endorsements and appropriately annotate the reduction vessel's document; and 5. Notified the U.S. Maritime Administration to prohibit the reduction vessel's transfer to foreign ownership or registry. On July 28, 2005, NMFS published a **Federal Register** document (70 FR 43673) proposing regulations to implement the crab buyback program's industry fee system. On September 16, 2005, NMFS published a **Federal Register** document (70 FR 54652) implementing the crab buyback program's industry fee system regulations. Fee collection and payment began on October 17, 2005. NMFS proposes to exempt any crab landed by the recipients of the CDQ allocations from the fee regulations because they did not vote in the crab buyback program's fee referendum, NMFS did not include the ex-vessel value of crab landed under the CDQ allocations in the required formula for establishing the reduction loan sub-amounts for whose repayment the reduction fishery was responsible, and the recipients of the CDQ allocations do not directly benefit from the crab buyback. NMFS has been informed by crab buyers that requiring fee principal disbursement to NMFS on the last business day of the month presents problems in properly accounting for crab landings in a timely fashion. Crab buyers are unable to complete their accounting process prior to the end of that business day. Therefore, in order to allow crab buyers sufficient time to disburse fee principal, NMFS proposes that deposit principal disbursement shall be made to NMFS not later than the 7th calendar day of each month. NMFS also proposes that the annual report from each crab buyer shall be submitted to NMFS by July 1 of each calendar year. This should allow ample time for the State of Alaska to publish average crab price data for the previous calendar year. Classification The Assistant Administrator for Fisheries, NOAA (AA), has determined that this proposed rule is consistent with the Magnuson-Stevens Act and other applicable laws. This proposed rule has been determined to be not significant for purposes of Executive Order 12866. NMFS has certified to the Small Business Administration, under Section 605(b) of the Regulatory Flexibility Act, that this proposed rule would not have a significant economic impact on a substantial number of small entities. There are currently six CDQ groups that receive CDQ crab allocations and participate in the BSAI crab fisheries. This proposed rule seeks to revise the regulations to expressly exclude the recipients of the CDQ allocations from the crab buyback program's fee collection system. The CDQ groups allocations did not vote in the crab buyback program's fee referendum and NMFS did not include the ex-vessel value of crab landed under the CDQ allocations for establishing the reduction loan sub-amounts. The total fee to be collected for any given year is calculated based on a formula using projected landings, the interest rate, and the amortization schedule, and it is calculated in advance for the entire year. In determining the annual fee, the contributions from recipients of the CDQ allocations were not considered in the calculation. The collection of fees on CDQ crab landings would result in the repayment of fees above what was expected for this year. As a result of the additional revenue, the buyback loan would be repaid slightly earlier than expected and would result in a slight decrease in the overall amount of interest accrued on the loan. Removal of the CDQ landings from the fee assessment would not have a negative impact on the expectations of the remaining BSAI crab harvesters since they were not expecting fee payments from the CDQ landings based on the fee calculations provided by NMFS. Furthermore, the contributions from CDQ landings are relatively small compared to the overall reduction loan amount. The contributions from the CDQ crab landings would represent 10 percent of the total reduction loan amount. This proposed rule is necessary to ensure that recipients of CDQ crab are excluded from the requirement to pay fees on their BSAI crab landings. The six CDQ groups would be positively affected by this proposed rule. List of Subjects in 50 CFR Part 600 Fisheries, Fishing capacity reduction, Fishing permits, Fishing vessels. Dated: February 24, 2006. William T. Hogarth, Assistant Administrator for Fisheries, National Marine Fisheries Service. For the reasons set out in the preamble, 50 CFR part 600 is proposed to be amended as follows: PART 600—MAGNUSON-STEVENS ACT PROVISIONS 1. The authority citation for part 600, Subpart M, continues to read as follows: Authority: 16 U.S.C. 1801 *et seq.* 2. In § 600.1104, paragraph (b), the definition of “Reduction fishery” is revised and paragraph (h)(4) is revised to read as follows: § 600.1104 Bering Sea and Aleutian Islands
(BSAI)crab species fee payment and collection system.
(b)* * * *Reduction fishery* means the fishery for all crab rationalization crab, excluding CDQ allocations, in all crab rationalization fisheries.
(h)* * *
(4)Fish buyers in each reduction endorsement fishery shall in accordance with § 600.1014, deposit and disburse, as well as keep records for and submit reports about, the fees applicable to each such fishery; except the requirements specified under paragraph
(c)of this section concerning the deposit principal disbursement shall be made to NMFS not later than the 7th calendar day of each month; and the requirements specified under paragraph
(e)of this section concerning annual reports which shall be submitted to NMFS by July 1 of each calendar year; and, * * * [FR Doc. E6-2892 Filed 2-28-06; 8:45 am] BILLING CODE 3510-22-S 71 40 Wednesday, March 1, 2006 Notices DEPARTMENT OF AGRICULTURE Submission for OMB Review; Comment Request February 27, 2006. The Department of Agriculture has submitted the following information collection requirement(s) to OMB for review and clearance under the Paperwork Reduction Act of 1995, Public Law 104-13. Comments regarding
(a)whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information will have practical utility;
(b)the accuracy of the agency's estimate of burden including the validity of the methodology and assumptions used;
(c)ways to enhance the quality, utility and clarity of the information to be collected;
(d)ways to minimize the burden of the collection of information on those who are to respond, including through the use of appropriate automated, electronic, mechanical, or other technological collection techniques or other forms of information technology should be addressed to: Desk Officer for Agriculture, Office of Information and Regulatory Affairs, Office of Management and Budget (OMB), *OIRA_Submission@OMB.EOP.GOV* or fax
(202)395-5806 and to Departmental Clearance Office, USDA, OCIO, Mail Stop 7602, Washington, DC 20250-7602. Comments regarding these information collections are best assured of having their full effect if received within 30 days of this notification. Copies of the submission(s) may be obtained by calling
(202)720-8958. An agency may not conduct or sponsor a collection of information unless the collection of information displays a currently valid OMB control number and the agency informs potential persons who are to respond to the collection of information that such persons are not required to respond to the collection of information unless it displays a currently valid OMB control number. National Agricultural Statistics Service *Title:* Agricultural Labor Survey *OMB Control Number:* 0535-0109. *Summary of Collection:* The 1938 Agricultural Adjustment Act, as amended in 1948, requires wage rate data for computation of an index component. This component is used in calculation of parity prices. General authority for these data collection activities is granted under U.S. Code Title 7, section 2204. Agricultural labor statistics are an integral part of National Agricultural Statistics Service
(NASS)primary function of collecting, processing, and disseminating current state, regional, and national agricultural statistics. Comprehensive and reliable agricultural labor data are also needed by the Department of Labor in the administration of the “H-2A” program (non-immigrants who enter the United States for temporary or seasonal agricultural labor) and for setting “Adverse Effect Wage Rates.” The Agricultural Labor Survey is the only timely and reliable source of information on the size of the farm worker population. NASS will collect information using a survey. *Need and Use of the Information:* NASS will collect information on wage rate estimates and the year-to-year changes in these rates and how changes in wage rates help measure the changes in costs of production of major farm commodities. NASS will also collect information on data to measure the availability of national farm workers. The information is used by farm worker organizations to help set wage rates and negotiate labor contracts as well as determine the need for additional workers and help ensure federal assistance for farm worker assistance programs supported with government funding. *Description of Respondents:* Farms. *Number of Respondents:* 12,173. *Frequency of Responses:* Reporting: Quarterly; Annually. *Total Burden Hours:* 12,782. Charlene Parker, Departmental Information Collection Clearance Officer. [FR Doc. E6-2859 Filed 2-28-06; 8:45 am] BILLING CODE 3410-20-P DEPARTMENT OF AGRICULTURE Federal Crop Insurance Corporation Announcement Type: Request for Applications
(RFA)Community Outreach and Assistance Partnership Program Catalog of Federal Domestic Assistance Number (CFDA): 10.455. *Dates:* The closing date and time for receipt of an application is 5 p.m. eastern time on May 1, 2006. Applications received after the deadline will not be considered for funding. All awards will be made and partnership agreements completed no later than September 30, 2006. *Overview:* In accordance with section 522(d) of the Federal Crop Insurance Act (Act), the Federal Crop Insurance Corporation (FCIC), operating through the Risk Management Agency (RMA), announces the availability of approximately $5 million in fiscal year
(FY)2006 for collaborative outreach and assistance programs for women, limited resource, socially disadvantaged and other traditionally under-served farmers and ranchers, who produce Priority Commodities as defined in Part I.C. Awards under this program will be made on a competitive basis for projects of up to one year. Recipients of awards must demonstrate non-financial benefits from a partnership agreement and must agree to the substantial involvement of RMA in the project. This announcement lists the information needed to submit an application under this program. FOR FURTHER INFORMATION CONTACT: David Wiggins, National Outreach Program Manager, Telephone
(919)875-4896, Facsimile
(202)690-1518, E-mail: *david.wiggins@rma.usda.gov* . Application materials can also be downloaded from the RMA Web site at *http://www.rma.usda.gov* ; or from the Government Grants Web site at *http://www.grants.gov.* Click on “Find Grant Opportunities,” then select “Search Grant Opportunities,” then select “Basic Search,” type in “RMA” in the Keyword Search field and select “Search,” select “Community Outreach and Assistance Partnership Program” under the Opportunity Title column to access the application package for this announcement. This Announcement Consists of Seven Parts Part I—General Information A. Legislative Authority and Background B. Purpose C. Definition of Priority Commodities D. Program Description Part II—Award Information A. Available Funding B. Types of Applications Part III—Eligibility Information A. Eligible Applicants B. Project Period C. Non-Financial Benefits D. Cost Sharing or Matching E. Funding Restrictions Part IV—Application and Submission Information A. Address to Submit an Application Package B. Content and Form of Application Part V—Application Review Process A. General B. Evaluation Criteria and Weights Part VI—Award Administration A. Notification of Award B. Access to Panel Review Information C. Confidential Aspects of Proposals and Awards D. Reporting Requirements E. Administration F. Prohibitions and Requirements Regarding Lobbying G. Applicable OMB Circulars H. Confidentiality I. Civil Rights Training Part VII—Additional Information A. Requirement to Use Program Logo B. Requirement to Provide Project Information to an RMA Representative C. Private Crop Insurance Organizations and Potential Conflict of Interest D. Dun and Bradstreet (D&B Data Universal Numbering System) E. Required Registration for Grants.gov Part I—General Information A. Legislative Authority and Background This program is authorized under section 522(d)(3)(F) of the Act which authorizes FCIC funding for risk management training and informational efforts for agricultural producers through the formation of partnerships with public and private organizations. RMA promotes and regulates sound risk management solutions to improve the economic stability of American agriculture. One of RMA's four strategic goals is to ensure that its customers and potential customers are well informed of the risk management solutions available. On behalf of FCIC, RMA does this by offering Federal crop insurance products through a network of private-sector partners, overseeing the creation of new risk management products, seeking enhancements in existing products, ensuring the integrity of crop insurance programs, providing risk management education and information and offering outreach programs aimed at equal access and participation of underserved communities. A priority must be given to reaching producers of Priority Commodities as defined in section C of this part. B. Purpose The purpose of this program is to fund projects that provide women, limited resource, socially disadvantaged, and other traditionally underserved producers of Priority Commodities with training, informational opportunities and assistance necessary to understand:
(1)The kind of risks addressed by existing and emerging risk management tools;
(2)The features and appropriate use of existing and emerging risk management tools; and
(3)How to make sound risk management decisions. Each partnership agreement awarded through this program will provide the applicant with funds, guidance, and the substantial involvement of RMA to deliver outreach and assistance programs to producers in a specific geographical area. C. Definition of Priority Commodities For purposes of this program, Priority Commodities are defined as: • *Agricultural commodities covered by (7 U.S.C. 7333).* Commodities in this group are commercial crops that are not covered by catastrophic risk protection crop insurance, are used for food or fiber (except livestock), and specifically include, but are not limited to, floricultural, ornamental nursery, Christmas trees, turf grass sod, aquaculture (including ornamental fish), and industrial crops. • *Specialty crops.* Commodities in this group may or may not be covered under a Federal crop insurance plan and include, but are not limited to, fruits, vegetables, tree nuts, syrups, honey, roots, herbs, and highly specialized varieties of traditional crops. • *Underserved commodities.* This group includes:
(a)Commodities, including livestock, that are covered by a Federal crop insurance plan but for which participation in an area is below the national average; and
(b)commodities, including livestock, with inadequate crop insurance coverage produced by small, limited resource, socially disadvantaged, or beginning farmers and ranchers. A project is considered as giving priority to Priority Commodities if the majority of the educational outreach and assistance activities are directed to women, limited resource, socially disadvantaged and other traditionally under-served producers of one or more of the three classes of commodities listed above or any combination of the three classes. D. Program Description This program will support a wide range of innovative outreach and assistance activities in farm management, financial management, marketing contracts, crop insurance and other existing and emerging risk management tools FCIC, working through RMA, will be substantially involved in the activities listed under paragraph 2. The applicant must identify specific ways in which RMA could have substantial involvement in the proposed outreach activity. Applications that do not contain substantial involvement by RMA will be rejected. In addition to the specific, required activities listed under paragraph 1, the applicant may suggest other activities that would contribute directly to the purpose of this program. For any additional activity suggested, the applicant should identify the objective of the activity, the specific tasks required to meet the objective, specific time lines for performing the tasks, and specific responsibilities of the partners. 1. In conducting activities to achieve the purpose and goal of this program, award recipients will be required to perform the following activities: • Develop and finalize a risk management outreach delivery plan that will contain the tasks needed to accomplish the purpose of this program, including a description of the manner in which various tasks for the project will be completed, the dates by which each task will be completed, and the partners that will have responsibility for each task. Task milestones must be listed to ensure that progress can be measured at various stages throughout the life of the project. The plan must also provide for the substantial involvement of RMA in the project. Note: All partnership agreements resulting from this announcement will include delivery plans in a table format. All applicants are strongly encouraged to refer to the table in the application package, when preparing a delivery plan and to use this format as part of the project description.) • Assemble risk management instructional materials appropriate for producers of Priority Commodities to be used in delivering education and information. This will include:
(a)Gathering existing instructional materials that meet the local needs of producers of Priority Commodities;
(b)identifying gaps in existing instructional materials; and
(c)developing new materials or modifying existing instructional materials to fill existing gaps. • Develop and conduct a promotional program. This program will include activities using media, newsletters, publications, or other informational dissemination techniques that are designed to:
(a)Raise awareness for risk management;
(b)inform producers of the availability of risk management tools; and
(c)inform producers of the training and informational opportunities being offered. Minority media and publications should also be used to achieve the broadest promotion of outreach opportunities for women, limited resource and socially disadvantaged farmers and ranchers possible. • Deliver risk management training and informational opportunities to women, limited resource and socially disadvantaged agricultural producers and agribusiness professionals of Priority Commodities. This will include organizing and delivering educational activities using the instructional materials identified earlier. Activities should be directed primarily to agricultural producers, but may include those agribusiness professionals that have frequent opportunities to advise farmers on risk management. • Document all outreach activities conducted under the partnership agreement and the results of such activities, including criteria and indicators used to evaluate the success of the program. The recipient will also be required to provide information to an RMA-selected contractor to evaluate all outreach activities and advise RMA as to the effectiveness of activities. 2. RMA will be responsible for the following activities: • Review and approve in advance the recipient's project delivery plan. • Collaborate with the recipient in assembling risk management materials for producers. This will include:
(a)Reviewing and approving in advance all educational materials for technical accuracy;
(b)serving on curriculum development workgroups;
(c)providing curriculum developers with fact sheets and other risk management publications prepared by RMA;
(d)advising the applicant on the materials available over the internet through the AgRisk Education Library;
(e)advising the applicant on technical issues related to crop insurance instructional materials; and
(f)advising the applicant on the use of the standardized design and layout formats to be used on program materials. • Collaborate with the recipient on a promotional program for raising awareness of risk management and for informing producers of training and informational opportunities. This will include:
(a)Reviewing and approving in advance all promotional plans, materials, and programs;
(b)serving on workgroups that plan promotional programs;
(c)advising the applicant on technical issues relating to the presentation of crop insurance products in promotional materials; and
(d)participating, as appropriate, in media programs designed to raise general awareness or provide farmers with risk management education. • Collaborate with the recipient on outreach activities to agricultural producers and agribusiness leaders. This will include:
(a)Reviewing and approving in advance all producer and agribusiness educational delivery plans;
(b)advising the applicant on technical issues related to the delivery of crop insurance education and information; and
(c)assisting the applicant in informing crop insurance professionals about educational plans and scheduled meetings. • Reviewing and approving recipient's documentation of risk management education and outreach activities. Part II—Award Information A. Available Funding The amount of funds available in FY 2006 for support of this program is approximately $5 million dollars. There is no commitment by USDA/RMA to fund any particular project or to make a specific number of awards. No maximum or minimum funding levels have been established for individual projects or geographic locations. Applicants awarded a partnership agreement for an amount that is less than the amount requested may be required to modify their application to conform to the reduced amount before execution of the partnership agreement. It is expected that awards will be made approximately 120 days after the application deadline. B. Types of Applications Applicants must specify whether the application is a new, renewal, or resubmitted application. 1. New Application—This is an application that has not been previously submitted to the RMA Outreach Program. All new applications will be reviewed competitively using the selection process and evaluation criteria described in this RFA. 2. Renewal Application—This is an application that requests additional funding for a project beyond the period that was approved in an original or amended award. Applications for renewed funding must contain the same information as required for new applications, and additionally must contain a Progress Report. Renewal applications must be received by the relevant due dates, will be evaluated in competition with other pending applications, and will be reviewed according to the same evaluation criteria as new applications. 3. Resubmitted Application—This is an application previously submitted to the RMA Outreach office, but was not funded. Resubmitted applications must be received by the relevant due dates, and will be evaluated in competition with other pending applications and will be reviewed according to the same evaluation criteria as new applications. Part III— Eligibility/Funding A. Eligible Applicants Educational institutions, community based organizations, associations of farmers and ranchers, state departments of agriculture, and other non-profit organizations with demonstrated capabilities in developing and implementing risk management and other marketing options for priority commodities are eligible to apply. Individuals are not eligible applicants. Applicants are encouraged to form partnerships with other entities that complement, enhance, and/or increase the effectiveness and efficiency of the proposed project. Although an applicant may be eligible to compete for an award based on its status as an eligible entity, other factors may exclude an applicant from receiving Federal assistance under this program ( *e.g.* debarment and suspension; a determination of non-performance on a prior contract, cooperative agreement, grant or partnership; a determination of a violation of applicable ethical standards). Applications from ineligible or excluded persons will be rejected in their entirety. B. Project Period Each project will be funded for a period of up to one year from the project starting date for the activities described in this announcement. C. Non-financial Benefits To be eligible, applicants must also demonstrate that they will receive a non-financial benefit as a result of a partnership agreement. Non-financial benefits must accrue to the applicant and must include more than the ability to provide employment income to the applicant or for the applicant's employees or the community. The applicant must demonstrate that performance under the partnership agreement will further the specific mission of the applicant (such as providing research or activities necessary for graduate or other students to complete their educational program). Applications that do not demonstrate a non-financial benefit will be rejected. D. Cost Sharing or Matching Cost sharing, matching, in-kind contribution, or cost participation is not required. E. Funding Restrictions Indirect costs for projects submitted in response to this solicitation are limited to 10 percent of the total direct costs of the agreement. Partnership agreement funds may not be used to: 1. Plan, repair, rehabilitate, acquire, or construct a building or facility including a processing facility; 2. To purchase, rent, or install fixed equipment; 3. Repair or maintain privately owned vehicles; 4. Pay for the preparation of the partnership application; 5. Fund political activities; 6. Pay costs incurred prior to receiving this partnership agreement; 7. Fund any activities prohibited in 7 CFR parts 3015 and 3019, as applicable. Part IV—Application and Submission Information A. Address To Submit an Application Package The address for submissions is USDA/RMA, Community Outreach, and Assistance Partnership Program, c/o William Buchanan, 1400 Independence Avenue, SW., Room 6709, Stop 0805, Washington, DC 20250-0805. All applications must be submitted by the deadline. Late or incomplete applications will not be considered and will be returned to the applicant. Applications will be considered as meeting the announced deadline if they are received in the mailroom at the following address on or before the deadline. Applicants are cautioned that express, overnight mail or other delivery services do not always deliver as agreed. Applicants using the U.S. Postal Service should allow for the extra time for delivery due to the additional security measures that mail delivered to government offices in the Washington DC area now requires. Failure of the selected delivery services will not extend the deadline. Applicants are strongly encouraged to submit completed and signed application packages using overnight mail or delivery service to ensure timely receipt. B. Content and Form of Application Submission 1. General.—Use the following guidelines to prepare an application. Each application must contain the following elements in the order indicated. Proper preparation of applications will assist reviewers in evaluating the merits of each application in a systematic, consistent fashion.
(a)Prepare the application on only one side of the page using standard size (8 1/2 ″ x 11″) white paper, one-inch margins, typed or word processed using no type smaller than 12 point font, and single or double spaced. Use an easily readable font face ( *e.g.* , Geneva, Helvetica, Times Roman).
(b)Number each page of the application sequentially, starting with the Project Description, including the budget pages, required forms, and any appendices.
(c)Staple the application in the upper left-hand corner. Do not bind. An original and two copies of the completed and signed application (3 total) and one electronic copy (Microsoft Word format preferred) on compact disc or diskette must be submitted in one package. Only hard copies of OMB Standard Forms should be submitted. Do not include the standard forms on the diskette.
(d)Include original illustrations (photographs, color prints, etc.) in all copies of the application to prevent loss of meaning through poor quality reproduction. 2. *Application for Federal Assistance, OMB Standard Form 424.* Please complete this form in its entirety. The original copy of the application must contain a pen-and-ink signature of the authorized organizational representative (AOR), individual with the authority to commit the organization's time and other relevant resources to the project. The Catalog of Federal Domestic Assistance Number (block 10) is “10-455—Community Outreach and Assistance”. 3. *Table of Contents* —Each application must contain a detailed Table of Contents immediately following OMB SF 424. 4. *Project Summary* —(Limited to one page, placed after the Table of Contents) The summary should be a self-contained, specific description of the activity to be undertaken and should focus on: overall project goals(s) and supporting objectives; plans to accomplish project goals; and relevance of the project to the goals of the community outreach and assistance program. 5. *Progress Report* —(Limited to three pages, placed immediately after the Project Summary) Renewal applications of an existing project supported under the same program should include a clearly identified summary progress report describing the results to date. The progress report should contain a comparison of actual accomplishments with the goals established for the project. 6. *A Project Description* —(Limited to twenty-five single-sided pages) that describes the outreach project in detail, including the program delivery plan and a Statement of Work. The description should provide reviewers with sufficient information to effectively evaluate the merits of the application under the criteria contained in Part V. The description should include the circumstances giving rise to the proposed activity; a clear, concise statement of the objectives; the steps necessary to implement the program to attain the objectives; an evaluation plan for the activities; and a program delivery plan and statement of work that describes how the activities will be implemented and managed by the applicant. The statement of work in table format should identify each objective and the key tasks to achieve the objective, the entity responsible for the task, the completion date, the task location, and RMA's role. Applicants are strongly encouraged to refer to the sample table in the application package, when preparing a delivery plan and to use this table format in that portion of the application narrative that addresses the delivery plan. 7. *Budget, OMB Standard Form 424-A* , “Budget Information, Non-Construction Program.” Indirect costs allowed for projects submitted under this announcement will be limited to 10 percent of the total direct cost of the partnership or cooperative agreement. Applicants should include reasonable travel costs associated with attending at least two RMA designated two-day events, which will include a Project Directors' meeting and civil rights training. 8. *Budget Narrative* —A detailed narrative in support of the budget should show all funding sources and itemized costs for each line item contained on the SF-424A. All budget categories must be individually listed (with costs) in the same order as the budget and justified on a separate sheet of paper and placed immediately behind the SF-424A. There must be a detailed breakdown of all costs, including indirect costs. Include budget notes on each budget line item detailing how each line item was derived. Also provide a brief narrative description of any costs that may require explanation (i.e., why a specific cost may be higher than market costs). Only items or services that are necessary for the successful completion of the project will be funded as permitted under the Act, the applicable Federal Cost principles, and are not prohibited under any other Federal statute. Salaries of project personnel should be requested in proportion to the effort that they would devote to the project. 9. *Key Personnel* —The roles and responsibilities of each PD and/or collaborator should be clearly described; and the vitae of the PD and each co-PD, senior associate and other professional personnel. 10. *Collaborative Arrangements (including Letters of Support)* —If it will be necessary to enter into formal consulting or collaborative arrangements, such arrangements should be fully explained and justified. If the consultants or collaborators are known at the time of application, a vitae or resume should be provided. Evidence (e.g., letter of support) should be included if the collaborators involved have agreed to render these services. Additional information on consultants and collaborators are required in the budget portion of the application. 11. *Current and Pending Support* —All applications must list all current public or private support to which personnel identified in the application have committed portions of their time, whether or not salary support for persons involved is included in the budget. An application that duplicates or overlaps substantially with an application already reviewed and funded (or to be funded) by another organization or agency will not be funded under this program. The projects proposed for funding should be included in the pending section. 12. *Disclosure of Lobbying Activities, OMB Standard Form LLL* —All applications must contain a signed copy of this form (See Part VI (F)). Applicants who are not engaging in lobbying activities should write “Not Applicable” and sign the form. 13. *A completed and Signed “Certification Regarding Debarment, Suspension, and Other Responsibility Matters (Primary Covered Transactions), AD 1047.”* 14. *A completed and Signed “Certifications Regarding Drug-Free Workplace, AD-1049.”* 15. *Appendices* are allowed if they are directly germane to the proposed project. C. Acknowledgement of Applications Applications submitted by facsimile or through other electronic media, regardless of the date or time of submission or the time of receipt, will not be considered and will be returned to the applicant. Receipt of applications will be acknowledged by e-mail, whenever possible. Therefore, applicants are encouraged to provide an e-mail address in the application. If an e-mail address is not indicated on an application, receipt will be acknowledged in writing. There will be no notification of incomplete, unqualified, or unfunded applications until the awards have been made. RMA will assign an identification number to the application when received. This number will be provided to applicants when the receipt of application is acknowledged. Applicants should reference the assigned identification number in all correspondence regarding the application. If receipt of application is not acknowledged by RMA within 15 days of the submission deadline, the applicant should contact David Wiggins at
(919)875-4896 or electronically at *david.wiggins@rma.usda.gov* . Part V—Application Review Process A. General Each application will be evaluated using a two-part process. First, each application will be screened by RMA personnel to ensure that it meets the requirements in this announcement. Applications that do not meet the requirements of this announcement or are incomplete will not receive further consideration. Second, a review panel will consider the merits of all applications that meet the requirements in the announcement. A panel of not less than three independent reviewers will evaluate each application. Reviewers will be drawn from USDA, other Federal agencies, and others representing public and private organizations, as needed. The project description and any appendices submitted by applicant will be used by the review panel to evaluate the merits of the project being proposed for funding. The panel will examine and score applications based on each of the four criteria contained in paragraph B of this part “Evaluation Criteria and Weights”. The panel will be looking for the specific elements listed with each criterion when evaluating the applications and scoring them. For each application, panel members will assign a point value up to the maximum for each criterion. After all reviewers have evaluated and scored each of the applications, the scores for the entire panel will be averaged to determine an application's final score. After assigning points for each criterion, applications will be listed in initial rank order and presented, along with funding level recommendations, to the Manager of FCIC, who will make the final decision on awarding of a partnership agreement. Applications will then be funded in final rank order until all available funds have been expended. Applicants must score 50 points or more to be considered for funding. If there are unused remaining funds, RMA may conduct another round of competition through the announcement of another RFA. An organization, or group of organizations in partnership, may apply for funding under other FCIC or RMA programs, in addition to the programs described in this announcement. However, if the Manager of FCIC determines that an application recommended for funding under this announcement is sufficiently similar to a project that has been funded or has been recommended to be funded under another FCIC or RMA education or outreach program, then the Manager may elect to not fund that application in whole or in part. B. Evaluation Criteria and Weights 1. Project Benefits—Maximum 45 points The applicant must demonstrate that the project benefits to women, limited resource, socially disadvantaged and other traditionally underserved producers warrant the funding requested. Applicants will be scored according to the extent they can:
(a)Reasonably estimate the number of producers reached through the project;
(b)justify the estimates with clear specifics related to the delivery plan;
(c)identify the actions producers will likely be able to take as a result of the project; and
(d)identify specific measures for evaluating the success of the project. Reviewers' scoring will be based on the scope and reasonableness of the applicants' estimate of the number of producers reached through the project, clear descriptions of specific expected project benefits for producers, and well-constructed plans for measuring the project's effectiveness. 2. Project Management—Maximum 20 Points The applicant must demonstrate an ability to implement sound and effective project management practices. Higher scores will be awarded to applicants that can demonstrate organizational skills, leadership, and experience in delivering services or programs that assist women, limited resource, socially disadvantaged and other traditionally underserved producers. If the applicant has been a recipient of other Federal or other government grants, cooperative agreements, or contracts, the applicant must also detail that they have consistently complied with financial and program reporting and auditing requirements. Applicants that will employ, or have access to, personnel who have experience in directing agricultural programs or providing education programs that benefit producers will receive higher rankings. Higher scores will be awarded to applicants with no more than two on-going projects funded by RMA under this program in previous years. 3. Collaborative Partnering—Maximum 15 Points The applicant must demonstrate experience and capacity to partner with and gain the support of other agencies, grower organizations, agribusiness professionals, and agricultural leaders to enhance the quality and effectiveness of the program. Applicants will receive higher scores to the extent that they can document and demonstrate:
(a)That partnership commitments are in place for the express purpose of delivering the program in this announcement;
(b)that a broad and diverse group of farmers and ranchers will be reached; and
(c)that a substantial effort has been made to partner with organizations that can meet the needs of producers that are small, have limited resources, are minorities, or are beginning farmers and ranchers. 4. Delivery Plan—Maximum 20 points The applicant must demonstrate that its program delivery plan is clear and specific. For each of the applicant's responsibilities contained in the description of the program, the applicant must demonstrate that it can identify specific tasks and provide reasonable time lines that further the purpose of this program. Applicants will obtain a higher score to the extent that the tasks of the project are specific, measurable, and reasonable, have specific periods for completion, relate directly to the required activities, and program objectives described in this announcement. 5. Diversity—Maximum 20 Points Management reserves the right to award applicants up to 20 additional points to promote the broadest geographic diversity. Part VI—Award Administration A. Notification of Cooperative or Partnership Agreement Awards Following approval by the RMA awarding official, project leaders whose applications have been selected for funding will be notified. Within the limit of funds available for such a purpose, the awarding official of RMA shall enter into partnership or cooperative agreements with applicants whose applications are judged to be most meritorious under the procedures set forth in this announcement. The agreements provide the amount of Federal funds for use in the project period, the terms, and conditions of the award and the time period for the project. The effective date of the agreement is the date the agreement is executed by both parties. RMA will extend to award recipients, in writing, the authority to draw down funds for conducting the activities listed in the agreement. All funds provided to the applicant by FCIC must be expended solely for the purpose for which the funds are obligated in accordance with the approved agreement and budget, the regulations, the terms and conditions of the award, and the applicability of Federal cost principles. No commitment of Federal assistance beyond the project period is made or implied for any award resulting from this notice. Applicants that are not funded will be notified within 90 days after the submission deadline. Reasons for denial of funding can include incomplete proposals, scored low or duplicative. B. Access to Panel Review Information Upon written request from the applicant, scores from the evaluation panel, not including the identity of reviewers, will be sent to the applicant after the review and awards process has been completed. C. Confidential Aspects of Proposals and Awards When an application results in a partnership agreement, it becomes a part of the official record of RMA transactions, available to the public upon specific request. Information that the Secretary of Agriculture determines to be of a confidential, privileged, or proprietary nature will be held in confidence to the extent permitted by law. Therefore, any information that the applicant wishes to be considered confidential, privileged, or proprietary should be clearly marked within an application, including the basis for such designation. The original copy of a proposal that does not result in an award will be retained by RMA for a period of one year. Other copies will be destroyed. Copies of proposals not receiving awards will be released only with the express written consent of the applicant or to the extent required by law. A proposal may be withdrawn at any time prior to award. D. Reporting Requirements Applicants awarded partnership agreements will be required to submit quarterly progress and financial reports (OMB Standard Form 269) throughout the project period, as well as a final program and financial report no later than 90 days after the end of the project period. E. Administration All partnership agreements are subject to the requirements of 7 CFR part 3015. F. Prohibitions and Requirements With Regard to Lobbying All partnership agreements are subject to the requirements of 7 CFR part 3018. A copy of the certification and disclosure forms must be submitted with the application. G. Applicable OMB Circulars All partnership and cooperative agreements funded as a result of this notice will be subject to the requirements contained in all applicable OMB circulars. H. Confidentiality The names of applicants, the names of individuals identified in the applications, the content of applications, and the panel evaluations of applications will all be kept confidential, except to those involved in the review process, to the extent permitted by law. In addition, the identities of review panel members will remain confidential throughout the entire review process and will not be released to applicants. At the end of the fiscal year, names of panel members will be made available. However, panelists will not be identified with the review of any particular application. I. Requirement To Participate in Civil Rights Training All recipients of federally assisted programs are required to comply with Federal civil rights laws and regulations. USDA/RMA policies and procedures requires recipients of federally assisted programs to attend mandatory civil rights training sponsored by RMA, to become fully aware of civil rights requirements and responsibilities. Applicants should include in their budgets reasonable travel costs associated with attending at least two two-day RMA designated events that includes a Project Directors meeting and required civil rights training. Part VII—Additional Information A. Requirement To Use Program Logo Applicants awarded partnership agreements will be required to use a program logo and design provided by RMA for all instructional and promotional materials. B. Requirement To Provide Project Information to an RMA-Selected Contractor Applicants awarded partnership agreements will be required to assist RMA in evaluating the effectiveness of its outreach program by providing documentation of outreach activities and related information to any contractor selected by RMA for program evaluation purposes. This requirement also includes providing demographic data on program participants. C. Private Crop Insurance Organizations and Potential Conflicts of Interest Private organizations that are involved in the sale of Federal crop insurance, or that have financial ties to such organizations, are eligible to apply for funding under either of the two educational programs described in this announcement. However, such entities will not be allowed to receive funding to conduct activities that would otherwise be required under a Standard Reinsurance Agreement or any other agreement in effect between FCIC and the entity. Such entities will also not be allowed to receive funding to conduct activities that could be perceived by producers as promoting one company's services or products over another's. If applying for funding, such organizations are encouraged to be sensitive to potential conflicts of interest and to describe in their application the specific actions they will take to avoid actual and perceived conflicts of interest. D. DUNS Number A Dun and Bradstreet (D&B) Data Universal Numbering System
(DUNS)number is a unique nine-digit sequence recognized as the universal standard for identifying and keeping track of over 70 million businesses worldwide. A **Federal Register** notice of final policy issuance (68 FR 38402) requires a DUNS number in every application (i.e., hard copy and electronic) for a grant or cooperative agreement. Therefore, potential applicants should verify that they have a DUNS number or take steps needed to obtain one. For information about how to obtain a DUNS number, go to *http://www.grants.gov* . Please note that the registration may take up to 14 business days to complete. E. Required Registration for Grants.gov The Central Contract Registry
(CCR)is a database that serves as the primary Government repository for contractor information required for the conduct of business with the Government. This database will also be used as a central location for maintaining organizational information for organizations seeking and receiving grants from the Government. Such organizations must register in the CCR prior to the submission of applications via grants.gov (a DUNS number is needed for CCR registration). For information about how to register in the CCR, visit *http://www.grants.gov* . Allow a minimum of 5 days to complete the CCR registration. Signed in Washington, DC on February 23, 2006. Eldon Gould, Manager, Federal Crop Insurance Corporation. [FR Doc. E6-2861 Filed 2-28-06; 8:45 am] BILLING CODE 3410-08-P DEPARTMENT OF AGRICULTURE Food Safety and Inspection Service [Docket No. FSIS-2006-0003] Codex Alimentarius Commission: 34th Session of the Codex Committee on Food Labelling AGENCY: Office of the Under Secretary for Food Safety, USDA. ACTION: Notice of Public meeting, request for comments. SUMMARY: The Office of the Under Secretary for Food Safety, United States Department of Agriculture (USDA), and the Food And Drug Administration
(FDA)are sponsoring a public meeting on April 7, 2006 to provide draft U.S. positions and receive public comments on agenda items that will be discussed at the 34th Session of the Codex Committee on Food Labelling
(CCFL)of the Codex Alimentarius Commission (Codex), which will be held in Ottawa, Canada on May 1-5, 2006. The Under Secretary and FDA recognize the importance of providing interested parties the opportunity to comment on the agenda items that will be discussed at this forthcoming Session of the CCFL. DATES: The public meeting is scheduled for Friday, April 7, 2006, from 9 a.m. to 12 noon. ADDRESSES: The public meeting will be held in Room 1A-003, FDA Harvey W. Wiley Building, 5100 Paint Branch Parkway, College Park, MD. Documents related to the 34th Session of the CCFL will be accessible via the World Wide Web at the following address: *http://www.codexalimentarius.net/current.asp.* FSIS invites interested persons to submit comments on this notice. Comments may be submitted by any of the following methods: • Federal eRulemaking Portal: This Web site provides the ability to type short comments directly into the comment field on this Web page or attach a file for lengthier comments. FSIS prefers to receive comments through the Federal eRulemaking Portal. Go to *http://www.regulations.gov* and, in the “Search for Open Regulations” box, select “Food Safety and Inspection Service” from the agency drop-down menu, then click on “Submit.” In the Docket ID column, select the Federal Docket Management System Docket Number FSIS-2006-0003 to submit or view public comments and to view supporting and related materials available electronically. • Mail, including floppy disks or CD-ROM's, and hand- or courier-delivered items to Docket Clerk, U.S. Department of Agriculture, Food Safety and Inspection Service, 300 12th Street, SW., Room 102 Cotton Annex Building, Washington, DC 20250. • Electronic mail: *fsis.regulationscomments@fsis.usda.gov.* All submissions received must include the Agency name and docket number FSIS-2006-0003. All comments submitted in response to this notice, as well as research and background information used by FSIS in developing this document, will be posted to the regulations.gov Web site. The background information and comments also will be available for public inspection in the FSIS Docket Room at the address listed above between 8:30 a.m. and 4:30 p.m., Monday through Friday. *Participation by Conference Call:* A call-in number has been arranged: 1-800-857-9091, participant code 60357. *For Further Information About the 34th Session of the CCFL Contact:* U.S. Delegate, Dr. Barbara Schneeman, Director, Office of Nutritional Products, Labeling and Dietary Supplements, Center for Food Safety and Applied Nutrition, FDA, 5100 Paint Branch Parkway (HFS-004), College Park, MD 20740, Phone:
(301)436-2373, Fax:
(301)436-2636. E-mail: *Barbara.schneeman@fda.hhs.gov.* *For Further Information About the Public Meeting Contact:* Ellen Matten, International Issues Analyst, U.S. Codex Office, Food Safety and Inspection Service, Room 4861, South Building, 1400 Independence Avenue, SW., Washington, DC 20250, Phone:
(202)205-7760, Fax:
(202)720-3157. SUPPLEMENTARY INFORMATION: Background The Codex Alimentarius (Codex) was established in 1963 by two United Nations organizations, the Food and Agriculture Organization
(FAO)and the World Health Organization (WHO). Codex is the major international organization for protecting the health and economic interests of consumers and encouraging fair international trade in food. Through adoption of food standards, codes of practice, and other guidelines developed by its committees, and by promoting their adoption and implementation by governments, Codex seeks to ensure that the world's food supply is sound, wholesome, free from adulteration, and correctly labeled. In the United States, USDA, FDA, and Environmental Protection Agency
(EPA)manage and carry out U.S. Codex activities. The Codex Committee on Food Labeling
(CCFL)drafts provisions on labeling applicable to all foods; considers, amends, if necessary, and endorses specific provisions on labeling of draft standards, codes of practice, and guidelines prepared by other Codex committees; studies specific labeling problems assigned to it by the Commission; and studies problems associated with the advertisement of food with particular reference to claims and misleading descriptions. The Committee is chaired by Canada. Issues To Be Discussed at the Public Meeting The following items on the agenda for the 34th Session of the CCFL will be discussed during the public meeting: • Matters referred to the Committee from other Codex bodies. • Endorsement of labeling provisions of draft commodity standards. • Guidelines for the Production, Processing, Labelling and Marketing of Organically Produced Foods: Draft Revised Annex 2, Tables 1 and 3, and consideration of the process for evaluating substances in Annex 2. • Proposed Draft Guidelines for the Labelling of Foods Obtained Through Certain Techniques of Genetic Modification/Genetic Engineering: Labelling Provisions and Definitions. • Proposed Draft Amendment to the General Standard for the Labelling of Prepackaged Foods (Quantitative Declaration of Ingredients). • Proposed Draft Definition of Trans-Fatty Acids. • Discussion Paper on Advertising. Each issue listed will be fully described in documents distributed, or to be distributed, by the Canadian Secretariat to the Meeting. Members of the public may access or request copies of these documents (see ADDRESSES ). Public Meeting At the April 7, 2006 public meeting, draft U.S. positions on these agenda items will be described, discussed, and attendees will have the opportunity to pose questions and offer comments. Written comments may be offered at the meeting or sent to the U.S. Delegate for the 34th Session of CCFL, Dr. Barbara Schneeman, (see ADDRESSES ). Written comments should state that they relate to activities of the 34th Session of the CCFL. Additional Information Public awareness of all segments of rulemaking and policy development is important. Consequently, in an effort to ensure that the public and in particular minorities, women, and persons with disabilities, are aware of this notice, FSIS will announce it on-line through the FSIS web page located at *http://www.fsis.usda.gov/regulations/2005_Notices_Index/index.asp.* FSIS also will make copies of this **Federal Register** publication available through the FSIS Constituent Update, which is used to provide information regarding FSIS policies, procedures, regulations, **Federal Register** notices, FSIS public meeting, recalls, and other types of information that could affect or would be of interest to our constituents and stakeholders. The update is communicated via Listserv, a free e-mail subscription service consisting of industry, trade, and farm groups, consumer interest groups, allied health professionals, scientific professionals, and other individuals who have requested to be included. The update is available on the FSIS web page. Through Listserv and the web page, FSIS is able to provide information to a much broader, more diverse audience. In addition, FSIS offers an e-mail subscription service which provides an automatic and customized notification when popular pages are updated, including **Federal Register** publications and related documents. This service is available at *http://www.fsis.usda.gov/news_and_events/email_subscription/* and allows FSIS customers to sign up for subscription options across eight categories. Options range from recalls to export information to regulations, directives and notices. Customers can add or delete subscriptions themselves and have the option to password protect their account. Done at Washington, DC, on February 23, 2006. F. Edward Scarbrough, U.S. Manager for Codex Alimentarius. [FR Doc. E6-2830 Filed 2-28-06; 8:45 am] BILLING CODE 3410-DM-P DEPARTMENT OF AGRICULTURE Grain Inspection, Packers and Stockyards Administration [05-03-S] Designation for Jamestown (ND), Lincoln (NE), Memphis (TN), Omaha (NE), and Sioux City
(IA)Areas AGENCY: Grain Inspection, Packers and Stockyards Administration, USDA. ACTION: Notice. SUMMARY: Grain Inspection, Packers and Stockyards Administration (GIPSA) announces designation of the following organizations to provide official services under the United States Grain Standards Act, as amended (Act): Grain Inspection, Inc. (Jamestown); Lincoln Inspection Service, Inc. (Lincoln); Midsouth Grain Inspection Service (Midsouth); Omaha Grain Inspection Service, Inc. (Omaha); and Sioux City Inspection and Weighing Service Company (Sioux City). DATES: *Effective Date:* April 1, 2006. ADDRESSES: USDA, GIPSA, Janet M. Hart, Deputy Director, Compliance Division, STOP 3604, Room 1647-S, 1400 Independence Avenue, SW., Washington, DC 20250-3604. FOR FURTHER INFORMATION CONTACT: Janet M. Hart at 202-720-8525, e-mail *Janet.M.Hart@usda.gov* . SUPPLEMENTARY INFORMATION: This action has been reviewed and determined not to be a rule or regulation as defined in Executive Order 12866 and Departmental Regulation 1512-1; therefore, the Executive Order and Departmental Regulation do not apply to this action. In the September 1, 2005 **Federal Register** (70 FR 52070), GIPSA asked persons interested in providing official services in the geographic areas assigned to the official agencies named above to submit an application for designation. Applications were due by October 3, 2005. Jamestown, Lincoln, Midsouth, Omaha, and Sioux City were the sole applicants for designation to provide official services in the entire area currently assigned to them, so GIPSA did not ask for additional comments on them. GIPSA evaluated all available information regarding the designation criteria in Section 7(f)(l)(A) of the Act and, according to Section 7(f)(l)(B), determined that Jamestown, Lincoln, Midsouth, Omaha, and Sioux City are able to provide official services in the geographic areas specified in the September 1, 2005, **Federal Register** , for which they applied. These designation actions to provide official services are effective April 1, 2006, and terminate March 31, 2009, for Jamestown, Lincoln, and Sioux City. Midsouth and Omaha are designated for 12 months only, effective April 1, 2006, and terminating March 31, 2007. Interested persons may obtain official services by calling the telephone numbers listed below. Official agency Headquarters location and telephone Designation term Jamestown Jamestown, ND; 701-252-1290 04/01/06-03/31/09 Lincoln Lincoln, NE; 402-435-4386 04/01/06-03/31/09 Midsouth Memphis, TN; 901-942-3216; Additional location: Stoneville, MS, North Little Rock, AR 04/01/06-03/31/07 Omaha Omaha, NE; 402-341-6739 04/01/06-03/31/07 Sioux City Sioux City, IA; 712-255-8073 04/01/06-03/31/09 Authority: Pub. L. 94-582, 90 Stat. 2867, as amended (7 U.S.C. 71 *et seq.* ). James E. Link, Administrator, Grain Inspection, Packers and Stockyards Administration. [FR Doc. 06-1935 Filed 2-28-06; 8:45 am]
Connectionstraces to 10
14 references not yet in our index
  • 20 CFR 404
  • 20 CFR 416
  • Pub. L. 104-193
  • Pub. L. 98-460
  • 98 Stat. 1794
  • 50 CFR 600
  • Pub. L. 106-554
  • Pub. L. 107-20
  • Pub. L. 107-117
  • Pub. L. 104-13
  • 7 CFR 3015
  • 7 CFR 3018
  • Pub. L. 94-582
  • 90 Stat. 2867
Citation graph
cites case law
Proposed Rules
Notice of proposed rulemaking
Fed. Reg.Notices
Fed. Reg.Rules and Regulations
U.S.C.§ 402
Stat.Public Law 104–192
U.S.C.§ 902
U.S.C.§ 421
U.S.C.§ 1861a
U.S.C.§ 1801
U.S.C.§ 7333
Cite20 CFR 404
Cite20 CFR 416
Pub. L.Pub. L. 104-193
Cites 24 · showing 12Cited by 0 across 0 sources
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