Notices. Notice of proposed priorities and application requirements

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BILLING CODE 6330-01-M DEPARTMENT OF EDUCATION Office of Safe and Drug-Free Schools; Overview Information, Carol M. White Physical Education Program; Notice Inviting Applications for New Awards for Fiscal Year

(FY)2006 *Catalog of Federal Domestic Assistance

(CFDA)Number:* 84.215F. *Dates:* *Applications Available:* March 1, 2006. *Deadline for Transmittal of Applications:* April 12, 2006. *Deadline for Intergovernmental Review:* June 12, 2006. *Eligible Applicants:* Local educational agencies

(LEAs)and community-based organizations (CBOs), including faith-based organizations provided that they meet the applicable statutory and regulatory requirements. *Estimated Available Funds:* $17,400,000. Contingent upon the availability of funds, we may make additional awards in FY 2007 from the list of unfunded applicants from this competition. *Estimated Range of Awards:* $100,000-$500,000. *Estimated Average Size of Awards:* $300,000. *Estimated Number of Awards:* 58. 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 the Program:* The Carol M. White Physical Education Program

(PEP)provides grants to local educational agencies and community-based organizations to initiate, expand, or enhance physical education programs, including after-school programs, for students in kindergarten through 12th grade. Grant recipients must implement programs that help students make progress toward meeting State standards. *Priorities:* This competition includes one absolute priority and one competitive preference priority. These priorities are as follows: *Absolute Priority:* In accordance with 34 CFR 75.105(b)(2)(iv), the following priority is from sections 5503 and 5504(a) of the Elementary and Secondary Education Act of 1965, as amended by the No Child Left Behind Act of 2001 (ESEA). (20 U.S.C. 7261b, 7261c) For FY 2006, and any year in which we make awards based on the list of unfunded applicants from this competition, this priority is an absolute priority. Under 34 CFR 75.105(c)(3), we consider only applications that meet this priority. This priority is: The initiation, expansion, and improvement of physical education programs (including after-school programs) in order to make progress toward meeting State standards for physical education for kindergarten through 12th grade students by

(1)providing equipment and support to enable students to participate actively in physical education activities; and

(2)providing funds for staff and teacher training and education. A physical education program funded under this absolute priority must provide for one or more of the following:

(1)Fitness education and assessment to help students understand, improve, or maintain their physical well-being.

(2)Instruction in a variety of motor skills and physical activities designed to enhance the physical, mental, and social or emotional development of every student.

(3)Development of, and instruction in, cognitive concepts about motor skills and physical fitness that support a lifelong healthy lifestyle.

(4)Opportunities to develop positive social and cooperative skills through physical activity participation.

(5)Instruction in healthy eating habits and good nutrition.

(6)Opportunities for professional development for teachers of physical education to stay abreast of the latest research, issues, and trends in the field of physical education. *Competitive Preference Priority:* Within this absolute priority, we give competitive preference to applications that address the following priority. This priority is from 34 CFR 75.225. For FY 2006, and any subsequent year in which we make awards based on the list of unfunded applicants from this competition, this priority is a competitive preference priority. Under 34 CFR 75.105(c)(2)(ii), we award an additional five points to an application that meets this priority. This priority is for applications from novice applicants. The term *novice applicant* means any applicant for a grant from the U.S. Department of Education that—

(1)Has never received a grant or subgrant under the program from which it seeks funding;

(2)Has never been a member of a group application, submitted in accordance with 34 CFR 75.127 through 75.129, that received a grant under the program from which it seeks funding; and

(3)Has not had an active discretionary grant from the Federal Government in the five years before the deadline date for applications under this program

(PEP)or its predecessor program (the Physical Education for Progress Program). For the purposes of this requirement, a grant is active until the end of the grant's project or funding period, including any extensions of those periods that extend the grantee's authority to obligate funds. In the case of a group application submitted in accordance with 34 CFR 75.127 through 75.129, all group members must meet the requirements described in this priority to qualify as a novice applicant. Program Authority: 20 U.S.C. 7261-7261f. *Applicable Regulations:* 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. 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:* $17,400,000. Contingent upon the availability of funds, we may make additional awards in FY 2007 from the list of unfunded applicants from this competition. *Estimated Range of Awards:* $100,000—$500,000. *Estimated Average Size of Awards:* $300,000. *Estimated Number of Awards:* 58. Note: The Department is not bound by any estimates in this notice. *Project Period:* Up to 36 months. III. Eligibility Information 1. *Eligible Applicants:* LEAs and CBOs, including faith-based organizations provided that they meet the applicable statutory and regulatory requirements. 2. *Cost Sharing or Matching:* In accordance with Section 5506 of the ESEA, the Federal share of the project costs may not exceed

(a)90 percent of the total cost of a program for the first year for which the program receives assistance; and

(b)75 percent of such cost for the second and each subsequent year. In addition, in accordance with Section 5507 of the ESEA, funds made available under this program must be used to supplement, and not supplant, any other Federal, State, or local funds available for physical education activities. 3. *Other:* An application for funds under this program may provide for the participation, in the activities funded, of

(a)students enrolled in private nonprofit elementary schools or secondary schools, and their parents and teachers; or

(b)home-schooled students, and their parents and teachers. IV. Application and Submission Information 1. *Address to Request Application Package:* You may obtain an application via the Internet or from the ED Publications Center (ED Pubs). To obtain a copy via the Internet use the following address: *http://www.ed.gov/programs/whitephysed/index.html.* To obtain a copy from ED Pubs, write or call the following: Education Publications Center, P.O. Box 1398, Jessup, MD 20794-1398. Telephone (toll free): 1-877-433-7827. Fax:

(301)470-1244. If you use a telecommunications device for the deaf (TDD), you may call (toll free): 1-877-576-7734. You may also contact ED Pubs at its Web site: *http://www.ed.gov/pubs/edpubs.html* or you may contact ED Pubs at its e-mail address: *edpubs@inet.ed.gov.* If you request an application from ED Pubs, be sure to identify this competition as follows: CFDA Number 84.215F. 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 under FOR FURTHER INFORMATION CONTACT in section VII of this notice. 2. *Content and Form of Application Submission:* Each LEA or CBO desiring a grant under this program shall submit an application that contains a plan to initiate, expand, or improve a physical education program in order to make progress toward meeting State standards for physical education. Additional requirements concerning the content of an application, together with the forms you must submit, are in the application package for this competition. 3. *Submission Dates and Times:* Applications Available: March 1, 2006. Deadline for Transmittal of Applications: April 12, 2006. Applications for grants under this program

(PEP)may be submitted electronically using the Electronic Grant Application System (e-Application) accessible through the Department's e-Grants system, or in paper format by mail or hand delivery. For information (including dates and times) about how to submit your application electronically, or by mail or hand delivery, 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: June 12, 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:* Funds may not be used for construction activities or for extracurricular activities, such as team sports and Reserve Officers' Training Corps program activities. Not more than five percent of grant funds provided to an LEA or CBO for any fiscal year may be used for administrative expenses. We reference additional regulations outlining funding restrictions in the *Applicable Regulations* section of this notice. Information about prohibited activities and use of funds also is included in the application package for this competition. 6. *Other Submission Requirements:* Applications for grants under this competition may be submitted electronically or in paper format by mail or hand delivery. a. *Electronic Submission of Applications.* If you choose to submit your application to us electronically, you must use e-Application available through the Department's e-Grants system accessible through the e-Grants portal page: *http://e-grants.ed.gov.* While completing your electronic application, you will be entering data online that will be saved into a database. You may not email an electronic copy of an application to us. Please note the following: • Your participation in e-Application is voluntary. • 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 competition 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 submit your application in paper format. • You must submit all documents electronically, including the Application for Federal Education Assistance (ED 424), Budget Information—Non-Construction Programs (ED 524), and all necessary assurances and certifications. If you choose to submit your application electronically, 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 acknowledgement 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 ED 424 to the Department after following these steps:

(1)Print the ED 424 from e-Application.

(2)The applicant's Authorizing Representative must sign this form.

(3)Place the PR/Award number in the upper right hand corner of the hard-copy signature page of the ED 424.

(4)Fax the signed ED 424 to the Office of Safe and Drug-Free Schools at(202) 205-5722. • We may request that you give us original signatures on other forms at a later date. *Application Deadline Date Extension in Case of 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 in order 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

(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 acknowledgement 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 this section apply only to the unavailability of the Department's e-Application system. If the e-Application system is available, and, for any reason, you are unable to submit your application electronically or you do not receive an automatic acknowledgement of your submission, you may submit your application in paper format by mail or hand delivery in accordance with the instructions in this notice. b. *Submission of Paper Applications by Mail.* If you submit your application in paper format by mail (through the U.S. Postal Service or a commercial carrier), 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 84.215F), 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 84.215F), 7100 Old Landover Road, Landover, MD 20785-1506. Regardless of which address you use, you must show proof of mailing consistent with 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 submit your application in paper format by hand delivery, you (or a courier service) 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 84.215F), 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 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 Department's Application Control Center at

(202)245-6288. V. Application Review Information 1. *Selection Criteria:* The selection criteria for this competition are from 75.210 of EDGAR and are listed in the application package. 2. *Review and Selection Process:* An additional factors we consider in selecting an application for an award is equitable distribution among LEAs and CBOs serving urban and rural areas. 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:* There are reporting requirements under this program, including under section 5505(a) of the ESEA and 34 CFR 75.590 and 75.720. In accordance with section 5505(a) of the ESEA, grantees under this program are required to submit an annual report that—(1) Describes the activities conducted during the preceding year; and

(2)Demonstrates that progress has been made toward meeting State standards for physical education. In accordance with 34 CFR 75.590, grantees also must submit an annual performance report that evaluates:

(a)Progress in achieving the objectives in the approved application;

(b)The effectiveness of the project in meeting the purposes of the program;

(c)The effect of the project on participants served by the project. This annual report must also address progress toward meeting the performance and efficiency measures established by the Secretary for this program and described in the next section of this notice. At the end of the project period, a final performance and financial report must be submitted as specified by the Secretary in 34 CFR 75.720. 4. *Performance and Efficiency Measures:* The Secretary has established the following performance and efficiency measures for collecting data to use in assessing the effectiveness of PEP.

(a)*Physical Activity Measures (Performance):*

(i)The percentage of students served by the grant who engage in 150 minutes of moderate to vigorous physical activity per week (elementary school students); and/or

(ii)The percentage of students served by the grant who engage in 225 minutes of moderate to vigorous physical activity per week (middle and high school students).

(b)*Cost Per Outcome Measure (Efficiency):* The cost (based on the amount of the grant award) per student who achieves the level of physical activity required to meet the physical activity measure above (150 minutes of moderate to vigorous physical activity per week for elementary school students, and/or 225 minutes of moderate to vigorous physical activity per week for middle and high school students). These measures constitute the Department's indicators of success for this program. Consequently, applicants for a grant under this program are advised to give careful consideration to these measures in formulating their approach and evaluation of their proposed project. If funded, applicants will be asked to collect and report data in their annual and final performance reports about progress toward these measures. Additional information concerning these measures is available in the application package for this competition. VII. Agency Contacts *For Further Information Contact:* Monica Woods or Lisa Clayton, U.S. Department of Education, 400 Maryland Avenue, SW., Room 3E332, Washington, DC 20202-6450. Telephone: 202-260-3954 or by e-mail: *Monica.Woods@ed.gov* or *Lisa.Clayton@ed.gov.* If you use a telecommunications device for the deaf (TDD), you may call the Federal Relay Service

(FRS)at 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: February 23, 2006. Deborah A. Price, Assistant Deputy Secretary for Safe and Drug-Free Schools. [FR Doc. E6-2832 Filed 2-28-06; 8:45 am] BILLING CODE 4001-01-P DEPARTMENT OF EDUCATION Emergency Response and Crisis Management Grant Program AGENCY: Office of Safe and Drug-Free Schools, Department of Education. ACTION: Notice of proposed priorities and application requirements. SUMMARY: The Assistant Deputy Secretary for Safe and Drug-Free Schools proposes two priorities and two application requirements under the Emergency Response and Crisis Management

(ERCM)Grant program. We may use one or more of these priorities and application requirements for competitions in Fiscal Year

(FY)2006 and later years. We also may use the priority and application requirements developed in FY 2005, and published in the **Federal Register** on June 21, 2005 (70 FR 35652), for competitions in FY 2006 and later years. We take this action to focus Federal financial assistance on supporting grants to local educational agencies

(LEAs)that are at high risk for crisis situations, as well as those that have not yet received funding under this program. This action is also intended to modify an application requirement the Department established in FY 2005 for LEAs to support the implementation of the National Incident Management System

(NIMS)and to propose an additional application requirement for LEAs to develop written plans to address outbreaks of infectious diseases. DATES: We must receive your comments on or before March 31, 2006. ADDRESSES: Address all comments about the proposed priorities and application requirements to Sara Strizzi, U.S. Department of Education, 400 Maryland Avenue, SW., room 3E320, Washington, DC 20202-6450. If you prefer to send your comments through the Internet, use the following address: *sara.strizzi@ed.gov.* FOR FURTHER INFORMATION CONTACT: Sara Strizzi. Telephone:

(303)346-0924 or via Internet: *sara.strizzi@ed.gov.* If you use a telecommunications device for the deaf (TDD), you may call the Federal Relay Service

(FRS)at 1-888-877-8339. 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 under FOR FURTHER INFORMATION CONTACT . SUPPLEMENTARY INFORMATION: Invitation To Comment We invite you to submit comments regarding the proposed priorities and application requirements. To ensure that your comments have maximum effect in developing the notice of final priorities and application requirements, we urge you to identify clearly the specific proposed priority or application requirement that each comment addresses. We invite you to assist us in complying with the specific requirements of Executive Order 12866 and its overall requirement of reducing regulatory burden that might result from the proposed priorities and application requirements. Please let us know of any further opportunities we should take to reduce potential costs or increase potential benefits while preserving the effective and efficient administration of the program. During and after the comment period, you may inspect all public comments about the proposed priorities and application requirements in room 3E320, 400 Maryland Avenue, SW., Washington, DC, between the hours of 8:30 a.m. and 4 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 the proposed priorities and application requirements. If you want to schedule an appointment for this type of aid, please contact the person listed under FOR FURTHER INFORMATION CONTACT . *Background:* The events of September 11, 2001, and more recently, Hurricanes Katrina and Rita, reinforce the need for schools and communities to plan for traditional crises and emergencies, as well as possible terrorist attacks or other catastrophic events. We propose additional priorities for the ERCM Grant program under the Safe and Drug-Free Schools and Communities National Programs to target assistance to high-threat areas and LEAs that have not yet received funding under this program. We also propose

(1)to modify the application requirement that we established in FY 2005 for LEAs to support the implementation of NIMS at the local level and

(2)to establish a new application requirement for LEAs to develop a plan to mitigate the effects of infectious diseases. We will announce the final priorities and application requirements in a notice in the **Federal Register** . We will determine the final priorities and application requirements after considering responses to this notice and other information available to the Department. This notice does not preclude us from proposing or using additional priorities or application requirements, subject to meeting applicable rulemaking requirements. *Note:* This notice does not solicit applications. In any year in which we choose to use the proposed priorities and application requirements, we invite applications through a notice in the **Federal Register** . Priorities Proposed Priority 1—Competitive Preference Priority for LEAs That Have Not Previously Received a Grant Under the ERCM Program and Are Located in an Urban Areas Security Initiative Jurisdiction Background In FY 2003, the Department of Homeland Security established the Urban Areas Security Initiative

(UASI)program to focus Federal preparedness resources on the unique planning, equipment, training, and exercise needs of high-threat, high-density urban areas. The intent of the UASI program is to create a sustainable national model program that will enhance security and overall preparedness in order to prevent, respond to, and recover from acts of terrorism. Jurisdictions included in the UASI program are determined by a formula using a combination of current threat estimates, critical assets within the specific urban area, and population density. The Governor of each State has designated a State Administrative Agency

(SAA)as the entity responsible for applying for, and administering, funds under the Department of Homeland Security Grant Program (which includes the UASI program). The SAA is also responsible for defining the geographic borders for jurisdictions included in the UASI program. Jurisdictions included in the UASI program for FY 2006 are included in the following chart. Additional guidance on jurisdiction definitions can be found at: *http://www.ojp.usdoj.gov/odp/docs/info200.pdf.* State Candidate urban area Geographic area captured in the data count Previously designated urban areas included AZ Phoenix Area Chandler, Gilbert, Glendale, Mesa, Peoria, Phoenix, Scottsdale, Tempe, and a 10-mile buffer extending from the border of the combined area Phoenix, AZ CA Anaheim/Santa Ana Area Anaheim, Costa Mesa, Garden Grove, Fullerton, Huntington Beach, Irvine, Orange, Santa Ana, and a 10-mile buffer extending from the border of the combined area Anaheim, CA; Santa Ana, CA Bay Area Berkeley, Daly City, Fremont, Hayward, Oakland, Palo Alto, Richmond, San Francisco, San Jose, Santa Clara, Sunnyvale, Vallejo, and a 10-mile buffer extending from the border of the combined area San Francisco, CA; San Jose, CA; Oakland, CA Los Angeles/Long Beach Area Burbank, Glendale, Inglewood, Long Beach, Los Angeles, Pasadena, Santa Clarita, Santa Monica, Torrance, Simi Valley, Thousand Oaks, and a 10-mile buffer extending from the border of the combined area Los Angeles, CA; Long Beach, CA Sacramento Area Elk Grove, Sacramento, and a 10-mile buffer extending from the border of the combined area Sacramento, CA San Diego Area Chula Vista, Escondido, San Diego, and a 10-mile buffer extending from the border of the combined area San Diego, CA CO Denver Area Arvada, Aurora, Denver, Lakewood, Westminster, Thornton, and a 10-mile buffer extending from the border of the combined area Denver, CO DC National Capital Region National Capital Region and a 10-mile buffer extending from the border of the combined area National Capital Region, DC FL Fort Lauderdale Area Fort Lauderdale, Hollywood, Miami Gardens, Miramar, Pembroke Pines, and a 10-mile buffer extending from the border of the combined area N/A Jacksonville Area Jacksonville and a 10-mile buffer extending from the city border Jacksonville, FL Miami Area Hialeah, Miami, and a 10-mile buffer extending from the border of the combined area Miami, FL Orlando Area Orlando and a 10-mile buffer extending from the city border Orlando, FL Tampa Area Clearwater, St. Petersburg, Tampa, and a 10-mile buffer extending from the border of the combined area Tampa, FL GA Atlanta Area Atlanta and a 10-mile buffer extending from the city border Atlanta, GA HI Honolulu Area Honolulu and a 10-mile buffer extending from the city border Honolulu, HI IL Chicago Area Chicago and a 10-mile buffer extending from the city border Chicago, IL IN Indianapolis Area Indianapolis and a 10-mile buffer extending from the city border Indianapolis, IN KY Louisville Area Louisville and a 10-mile buffer extending from the city border Louisville, KY LA Baton Rouge Area Baton Rouge and a 10-mile buffer extending from the city border Baton Rouge, LA New Orleans Area New Orleans and a 10-mile buffer extending from the city border New Orleans, LA MA Boston Area Boston, Cambridge, and a 10-mile buffer extending from the border of the combined area Boston, MA MD Baltimore Area Baltimore and a 10-mile buffer extending from the city border Baltimore, MD MI Detroit Area Detroit, Sterling Heights, Warren, and a 10-mile buffer extending from the border of the combined area Detroit, MI MN Twin Cities Area Minneapolis, St. Paul, and a 10-mile buffer extending from the border of the combined entity Minneapolis, MN; St. Paul, MN MO Kansas City Area Independence, Kansas City (KS), Kansas City (MO), Olathe, Overland Park, and a 10-mile buffer extending from the border of the combined area Kansas City, MO St. Louis Area St. Louis and a 10-mile buffer extending from the city border St. Louis, MO NC Charlotte Area Charlotte and a 10-mile buffer extending from the city border Charlotte, NC NE Omaha Area Omaha and a 10-mile buffer extending from the city border Omaha, NE NJ Jersey City/Newark Area Elizabeth, Jersey City, Newark, and a 10-mile buffer extending from the border of the combined area Jersey City, NJ; Newark, NJ NV Las Vegas Area Las Vegas, North Las Vegas, and a 10-mile buffer extending from the border of the combined entity Las Vegas, NV NY Buffalo Area Buffalo and a 10-mile buffer extending from the city border Buffalo, NY New York City Area New York City, Yonkers, and a 10-mile buffer extending from the border of the combined area New York, NY OH Cincinnati Area Cincinnati and a 10-mile buffer extending from the city border Cincinnati, OH Cleveland Area Cleveland and a 10-mile buffer extending from the city border Cleveland, OH Columbus Area Columbus and a 10-mile buffer extending from the city border Columbus, OH Toledo Area Oregon, Toledo, and a 10-mile buffer extending from the border of the combined area Toledo, OH OK Oklahoma City Area Norman, Oklahoma City, and a 10-mile buffer extending from the border of the combined area Oklahoma City, OK OR Portland Area Portland, Vancouver, and a 10-mile buffer extending from the border of the combined area Portland, OR PA Philadelphia Area Philadelphia and a 10-mile buffer extending from the city border Philadelphia, PA Pittsburgh Area Pittsburgh and a 10-mile buffer extending from the city border Pittsburgh, PA TN Memphis Area Memphis and a 10-mile buffer extending from the city border Memphis, TN TX Dallas/Fort Worth/Arlington Area Arlington, Carrollton, Dallas, Fort Worth, Garland, Grand Prairie, Irving, Mesquite, Plano, and a 10-mile buffer extending from the border of the combined area Dallas, TX; Fort Worth, TX; Arlington, TX Houston Area Houston, Pasadena, and a 10-mile buffer extending from the border of the combined entity Houston, TX San Antonio Area San Antonio and a 10-mile buffer extending from the city border San Antonio, TX WA Seattle Area Bellevue, Seattle, and a 10-mile buffer extending from the border of the combined area Seattle, WA WI Milwaukee Area Milwaukee and a 10-mile buffer extending from the city border Milwaukee, WI Ensuring that LEAs are adequately prepared for multiple hazards is a significant national concern. LEAs located in vulnerable, high-density areas have unique crisis planning needs. While many LEAs in UASI jurisdictions have received funding under this program in prior years, there are a number of LEAs located in UASI jurisdictions that have not received the resources needed to improve and enhance their emergency response plans. In order to help meet the needs of these LEAs, we propose a competitive preference priority for LEAs that have not previously received a grant under this program and are located within UASI jurisdictions. *Priority:* Under this priority, we give a competitive preference to applications from local educational agencies

(LEAs)that

(1)have not yet received a grant under this program and

(2)are located in whole or in part within Urban Areas Security Initiative

(UASI)jurisdictions, as determined by the U.S. Department of Homeland Security (DHS). An applicant must meet both of these criteria in order to receive the competitive preference. Under a consortium application, all members of the LEA consortium need to meet both criteria to be eligible for the preference. Because DHS' determination of UASI jurisdictions may change from year to year, applicants under this priority must refer to the most recent list of UASI jurisdictions published by DHS when submitting their applications. In any notice inviting applications using this priority, the Department will provide applicants with information necessary to access the most recent DHS list of UASI jurisdictions. Proposed Priority 2—Competitive Preference Priority for Applicants That Have Not Previously Received a Grant Under The ERCM Program Background Ensuring that schools are prepared to address crisis situations that may arise from multiple hazards, including man-made and natural, is an issue of national importance. Since FY 2003, 336 LEAs have received funding under the ERCM grant program to improve and enhance their emergency response plans. However, this represents a small percentage of the total number of LEAs within the United States. To address the crisis planning needs of LEAs that have not previously received funding under this program, we propose a competitive preference priority for applicants that have not yet received a grant under this program. By awarding previously unfunded LEAs a competitive preference, we hope to ensure that ERCM grant funds reach greater numbers of schools and students whose crisis planning needs have not previously been addressed. *Priority:* Under this priority, we give competitive preference to applications from local educational agencies

(LEAs)that have not previously received a grant under this program. Applicants that have received funding under this program directly, or as the lead agency or as a partner in a consortium application under this program will not receive competitive preference under this priority. Application Requirements We propose

(1)to modify the application requirement that we established in FY 2005 for LEAs to support the implementation of NIMS at the local level and

(2)to establish a new application requirement for LEAs to develop a plan to mitigate the effects of infectious diseases. 1. Implementation of the National Incident Management System *Background:* In accordance with Homeland Security Presidential Directive/HSPD-5, the NIMS provides a consistent approach for Federal, State, and local governments to work effectively and efficiently together to prepare for, prevent, respond to, and recover from domestic incidents, regardless of cause, size, or complexity. Implementation of the NIMS is a dynamic process that will continue to evolve over time. In order to receive Federal preparedness funding, LEAs must cooperate with the efforts of their communities to meet the minimum NIMS requirements established for each fiscal year. We established an application requirement for LEAs to implement the NIMS in FY 2005. Because of the dynamic nature of the NIMS, we believe certain changes to that requirement are necessary. *Requirement:* Applicants must agree to implement their grant in a manner consistent with the implementation of the NIMS in their communities. Applicants must include in their applications an assurance that they have met, or will complete, all current NIMS requirements by the end of the grant period. Because DHS' determination of NIMS requirements may change from year to year, applicants must refer to the most recent list of NIMS requirements published by DHS when submitting their applications. In any notice inviting applications, the Department will provide applicants with information necessary to access the most recent DHS list of NIMS requirements. Note: An LEA's NIMS compliance must be achieved in close coordination with the local government and with recognition of the first responder capabilities held by the LEA and the local government. As LEAs are not traditional response organizations, first responder services will typically be provided to LEAs by local fire and rescue departments, emergency medical service providers, and law enforcement agencies. This traditional relationship must be acknowledged in achieving NIMS compliance in an integrated NIMS compliance plan for the local government and the LEA. LEA participation in the NIMS preparedness program of the local government is essential in ensuring that first responder services are delivered to schools in a timely and effective manner. Additional information about NIMS implementation and requirements is available at *http://www.fema.gov/nims* . 2. Infectious Disease Plan *Background:* Infectious diseases pose a significant threat for the school environment. In addition to common infectious diseases, such as stomach viruses, seasonal influenza, infestation with lice/scabies, and viral meningitis, health professionals from the Department of Health and Human Services have warned of a new threat attributed to Avian Influenza A (H5N1). The H5N1 virus poses a risk for worldwide infection. In addition to causing widespread illness, an especially severe influenza pandemic could result in widespread school closings, absenteeism, and disruptions to the learning environment in general. Whether or not a pandemic strikes, seasonal influenza and other infectious diseases continue to pose a concern with respect to the health of students as well as the optimal functioning of schools. Although it may be difficult to prevent a widespread pandemic or other infectious disease outbreak, the effects can be mitigated through proper prevention and planning strategies. *Requirement:* To be considered for a grant award, applicants must agree to develop a written plan designed to prepare the LEA for a possible infectious disease outbreak, such as pandemic influenza. Plans must address the four phases of crisis planning (Mitigation/Prevention, Preparedness, Response, and Recovery) and include a plan for disease surveillance (systematic collection and analysis of data which lead to action being taken to prevent and control a disease), school closure decision making, business continuity (processes and procedures established to ensure that essential functions can continue during and after a disaster), and continuation of educational services. Executive Order 12866 This notice of proposed priorities and application requirements has been reviewed in accordance with Executive Order 12866. Under the terms of the order, we have assessed the potential costs and benefits of this regulatory action. The potential costs associated with the notice of proposed priorities and application requirements are those resulting from statutory requirements and those we have determined as necessary for administering this program effectively and efficiently. In assessing the potential costs and benefits—both quantitative and qualitative—of this notice of proposed priorities and application requirements, we have determined that the benefits of the proposed priorities and application requirements justify the costs. We have also determined that this regulatory action does not unduly interfere with State, local, and tribal governments in the exercise of their governmental functions. Summary of Potential Costs and Benefits The potential costs associated with the proposed priorities and application requirements are minimal while the benefits are significant. Grantees may anticipate costs in achieving NIMS compliance. Costs may also be incurred in the development of a written infectious disease plan. However, these costs may be included in the grant budget and, therefore, will have little financial impact on the applicant. The benefit of the proposed priorities and application requirements is that grantees that develop a comprehensive emergency response and crisis management plan that includes training and that is implemented in coordination with community partners may mitigate the financial and human impact of a crisis in their district. Intergovernmental Review This program is subject to Executive Order 12372 and the regulations in 34 CFR part 79. One of the objectives of the Executive order is to foster an intergovernmental partnership and a strengthened federalism. The Executive order relies on processes developed by State and local governments for coordination and review of proposed Federal financial assistance. This document provides early notification of our specific plans and actions for this program. Electronic Access to This Document You may view this document, as well as all other Department of Education documents 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* . (Catalog of Federal Domestic Assistance Number 84.184E—Emergency Response and Crisis Management Grant program) Program Authority: 20 U.S.C. 7131. Dated: February 23, 2006. Deborah A. Price, Assistant Deputy Secretary for Safe and Drug-Free Schools. [FR Doc. E6-2843 Filed 2-28-06; 8:45 am] BILLING CODE 4000-01-P ELECTION ASSISTANCE COMMISSION Sunshine Act; Notice of Meeting AGENCY: United States Election Assistance Commission. ACTION: Notice of public meeting agenda. DATE and time: Tuesday, March 14, 2006, 10 a.m.-1 p.m. place: U.S. Election Assistance Commission, 1225 New York Ave., NW., Suite 1100, Washington, DC 2005 (Metro Stop: Metro Center). agenda: The Commission will receive presentations on the National Voter Registration Act and will receive updates on other administrative matters. This meeting will be open to the public. FOR FURTHER INFORMATION CONTACT: Bryan Whitener, Telephone:

(202)566-3100. Thomas R. Wilkey, Executive Director, U.S. Election Assistance Commission. [FR Doc. 06-1956 Filed 2-27-06; 12:44 pm]

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