Notices. Notice
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/register/2006/03/15/06-2477A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
BILLING CODE 3410-30-C DEPARTMENT OF AGRICULTURE Rural Business-Cooperative Service Inviting Applications for Rural Business Opportunity Grants AGENCY: Rural Business-Cooperative Service, USDA. ACTION: Notice. SUMMARY: The Rural Business-Cooperative Service (RBS), an Agency within the Rural Development mission area, announces the availability of grants of up to $50,000 per application from the Rural Business Opportunity Grant
(RBOG)program for fiscal year
(FY)2006, to be competitively awarded. For multi-State projects, grant funds of up to $150,000 will be available on a competitive basis. DATES: The deadline for the receipt of applications in the Rural Development State Office is May 26, 2006. Any applications received at a Rural Development State Office after that date would not be considered for FY 2006 funding. ADDRESSES: For further information, entities wishing to apply for assistance should contact a Rural Development State Office to receive copies of the application package. Potential applicants located in the District of Columbia must send their applications to the National Office at: District of Columbia Rural Business-Cooperative Service, USDA, Specialty Lenders Division, 1400 Independence Avenue, SW., Room 6867, STOP 3225, Washington, DC 20250-3225.
(202)720-1400. *A list of Rural Development State Offices follows:* Alabama USDA Rural Development State Office, Sterling Centre, Suite 601, 4121 Carmichael Road, Montgomery, AL 36106-3683.
(334)279-3400/TTD
(334)279-3495. Alaska USDA Rural Development State Office, 800 West Evergreen, Suite 201, Palmer, AK 99645-6539.
(907)761-7705/TDD
(907)761-8905. Arizona USDA Rural Development State Office, 230 N. First Avenue, Suite 206, Phoenix, AZ 85003-1706.
(602)280-8700/TTD
(602)280-8705. Arkansas USDA Rural Development State Office, 700 West Capitol Avenue, Room 3416, Little Rock, AR 72201-3225.
(501)301-3200/TTD
(501)301-3279. California USDA Rural Development State Office, 430 G Street, Agency 4169, Davis, CA 95616-4169.
(530)792-5800/TTD
(530)792-5848. Colorado USDA Rural Development State Office, 655 Parfet Street, Room E-100, Lakewood, CO 80215.
(720)544-2903/TDD
(720)544-2976. Delaware-Maryland USDA Rural Development State Office, 1221 College Park Drive, Suite 200, Dover, DE 19904.
(302)857-3580/TDD
(302)857-3585. Florida/Virgin Islands USDA Rural Development State Office, 4440 NW 25th Place, P.O. Box 147010, Gainesville, FL 32614-7010.
(352)338-3402/TDD
(352)338-3499. Georgia USDA Rural Development State Office, Stephens Federal Building, 355 E. Hancock Avenue, >Athens, GA 30601-2768.
(706)546-2162/TDD
(706)546-2034. Hawaii USDA Rural Development State Office, Federal Building, Room 311, 154 Waianuenue Avenue, Hilo, HI 96720.
(808)933-8380/TDD
(808)933-8321. Idaho USDA Rural Development State Office, 9173 West Barnes Drive, Suite A1, Boise, ID 83709.
(208)378-5600/TDD
(208)378-5644. Illinois USDA Rural Development State Office, 2118 West Park Court, Suite A, Champaign, IL 61821.
(217)403-6200/TDD
(217)403-6240. Indiana USDA Rural Development State Office, 5975 Lakeside Boulevard, Indianapolis, IN 46278.
(317)290-3100/TDD
(317)290-3340. Iowa USDA Rural Development State Office, Federal Building, Room 873, 210 Walnut Street, Des Moines, IA 50309-2196.
(515)284-4663/TDD
(515)284-4858. Kansas USDA Rural Development State Office, 1303 SW First American Place, Suite 100, Topeka, KS 66604-4040.
(785)271-2700/TDD
(785)271-2767. Kentucky USDA Rural Development State Office, 771 Corporate Drive, Suite 200, Lexington, KY 40503-5477.
(859)224-7300/TDD
(859)224-7422. Louisiana USDA Rural Development State Office, 3727 Government Street, Alexandria, LA 71302.
(318)473-7920/TDD
(318)473-7655. Maine USDA Rural Development State Office, 967 Illinois Avenue, Suite 4, P.O. Box 405, Bangor, ME 04402-0405.
(207)990-9160/TTD
(207)942-7331. Massachusetts/Rhode Island/Connecticut USDA Rural Development State Office, 451 West Street, Suite 2, Amherst, MA 01002-2999.
(413)253-4300/TDD
(413)253-4318. Michigan USDA Rural Development State Office, 3001 Coolidge Road, Suite 200, East Lansing, MI 48823.
(517)324-5100/TDD
(517)337-6795. Minnesota USDA Rural Development State Office, 1408 21st Avenue, Suite 3, Austin, MN 55912.
(651)602-7800/TDD
(651)602-3799. Mississippi USDA Rural Development State Office, Federal Building, Suite 831, 100 West Capitol Street, Jackson, MS 39269.
(601)965-4316/TDD
(601)965-5850. Missouri USDA Rural Development State Office, 601 Business Loop 70 West, Parkade Center, Suite 235, Columbia, MO 65203.
(573)876-0976/TDD
(573)876-9480. Montana USDA Rural Development State Office, 900 Technology Blvd., Unit 1, Suite B, P.O. Box 850, Bozeman, MT 59771.
(406)585-2580/TDD
(406)585-2562. Nebraska USDA Rural Development State Office, Federal Building, Room 152, 100 Centennial Mall North, Lincoln, NE 68508.
(402)437-5551/TDD
(402)437-5093. Nevada USDA Rural Development State Office, 1390 South Curry Street, Carson City, NV 89703-9910. >(775) 887-1222/TDD
(775)885-0841. New Jersey USDA Rural Development State Office, 5th Floor North, Suite 500, 8000 Midlantic Drive, Mt. Laurel, NJ 08054.
(856)787-7700/TDD
(856)787-7784. New Mexico USDA Rural Development State Office, 6200 Jefferson Street NE, Room 255, Albuquerque, NM 87109.
(505)761-4950/TDD
(505)761-4938. New York USDA Rural Development State Office, The Galleries of Syracuse, 441 South Salina Street, Suite 357, Syracuse, NY 13202-2541.
(315)477-6400/TDD
(315)477-6447. North Carolina USDA Rural Development State Office, 4405 Bland Road, Suite 260, Raleigh, NC 27609.
(919)873-2000/TDD
(919)873-2003. North Dakota USDA Rural Development State Office, Federal Building, Room 208, 220 East Rosser, P. O. Box 1737, Bismarck, ND 58502-1737.
(701)530-2037/TDD
(701)530-2113. Ohio USDA Rural Development State Office, Federal Building, Room 507, 200 North High Street, Columbus, OH 43215-2418.
(614)255-2400/TDD
(614)255-2554. Oklahoma USDA Rural Development State Office, 100 USDA, Suite 108, Stillwater, OK 74074-2654.
(405)742-1000/TDD
(405)742-1007. Oregon USDA Rural Development State Office, 1229 SE Third Street, Suite A, Pendleton, OR 97801-4198.
(503)414-3300/TDD
(503)414-3387. Pennsylvania USDA Rural Development State Office, One Credit Union Place, Suite 330, Harrisburg, PA 17110-2996.
(717)237-2299/TDD
(717)237-2261. Puerto Rico USDA Rural Development State Office, 654 Munoz Rivera Avenue, IBM Building, Suite 601, San Juan, Puerto Rico 00918-6106.
(787)766-5095/TDD
(787)766-5332. South Carolina USDA Rural Development State Office, Strom Thurmond Federal Building, 1835 Assembly Street, Room 1007, Columbia, SC 29201.
(803)765-5163/TDD
(803)765-5697. South Dakota USDA Rural Development State Office, Federal Building, Room 210, 200 4th Street, SW., Huron, SD 57350.
(605)352-1100/TDD
(605)352-1147. Tennessee USDA Rural Development State Office, 3322 West End Avenue, Suite 300, Nashville, TN 37203-1084.
(615)783-1300. Texas USDA Rural Development State Office, Federal Building, Suite 102, 101 South Main Street, Temple, TX 76501.
(254)742-9700/TDD
(254)742-9712. Utah USDA Rural Development State Office, Wallace F. Bennett Federal Building, 125 South State Street, Room 4311, Salt Lake City, UT 84138.
(801)524-4320/TDD
(801)524-3309. Vermont/New Hampshire USDA Rural Development State Office, City Center, 3rd Floor, 89 Main Street, Montpelier, VT 05602.
(802)828-6000/TDD
(802)223-6365. Virginia USDA Rural Development State Office, Culpeper Building, Suite 238, 1606 Santa Rosa Road, Richmond, VA 23229-5014.
(804)287-1550/ TDD
(804)287-1753. Washington USDA Rural Development State Office, 1835 Black Lake Boulevard, SW., Suite B, Olympia, WA 98512-5715.
(360)704-7740. West Virginia USDA Rural Development State Office, Federal Building, 75 High Street, Room 320, Morgantown, WV 26505-7500.
(304)284-4860/TDD
(304)284-4836. Wisconsin USDA Rural Development State Office, 4949 Kirschling Court, Stevens Point, WI 54481.
(715)345-7600/TDD
(715)345-7614. Wyoming USDA Rural Development State Office, 100 East B Street, Federal Building, Room 1005, P.O. Box 11005, Casper, WY 82602-5006.
(307)261-6300/TDD
(307)233-6733. SUPPLEMENTARY INFORMATION: The RBOG program is authorized under section 306 of the Consolidated Farm and Rural Development Act (CONACT) (7 U.S.C. 1926(a)(11)). The Rural Development State Offices administer the RBOG program on behalf of RBS at the State level. The primary objective of the program is to improve the economic conditions of rural areas. Assistance provided to rural areas under this program may include technical assistance for business development and economic development planning. A total of $990,000 of non-earmarked funds is available for the RBOG program for FY 2006. To ensure that a broad range of communities have the opportunity to benefit from the available funds, no grant will exceed $50,000, unless it is a multi-State project where funds may not exceed $150,000. Pursuant to the Consolidated Appropriations Act for 2006 (Public Law 108-447), a total of $990,000 has been earmarked for Native Americans and a total of $990,000 for Empowerment Zones, Enterprise Communities, and Rural Economic Area Partnerships. There is no project dollar amount limitation on applications for earmarked funds. Awards are made on a competitive basis using specific selection criteria contained in 7 CFR part 4284, subpart G. Information required to be in the application package are contained in 7 CFR part 4284, subpart G. The State Director may assign up to 15 discretionary points to an application, and the Agency Administrator may assign up to 20 additional discretionary points based on geographic distribution of funds, special importance for implementation of a strategic plan in partnership with other organizations, or extraordinary potential for success due to superior project plans or qualifications of the grantee. To ensure the equitable distribution of funds, two projects from each State that score the greatest number of points based on the selection criteria and discretionary points will be considered for funding. Applications will be tentatively scored by the State Offices and submitted to the National Office for final review and selection. The National Office will review the scores based on the grant selection criteria and weights contained in 7 CFR part 4284, subpart G. All applicants will be notified by RBS of the Agency's decision on the awards. In accordance with the Paperwork Reduction Act of 1995, the information collection requirement contained in this Notice is approved by the Office of Management and Budget
(OMB)under OMB Control Number 0570-0024. Nondiscrimination Statement “The U.S. Department of Agriculture
(USDA)prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual's income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (braille, large print, audiotape, etc.) should contact USDA's TARGET Center at
(202)720-2600 (voice and TDD). To file a complaint of discrimination, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW., Washington, DC 20250-9410 or call
(800)795-3272 (voice), or
(202)720-6382 (TDD). “USDA is an equal opportunity provider, employer, and lender.” Dated: February 23, 2006. Jackie J. Gleason, Acting Administrator, Rural Business-Cooperative Service. [FR Doc. E6-3762 Filed 3-14-06; 8:45 am] BILLING CODE 3410-XY-P DEPARTMENT OF AGRICULTURE Rural Business-Cooperative Service Inviting Rural Business Enterprise Grant Program Preapplications for Technical Assistance for Rural Transportation Systems AGENCY: Rural Business-Cooperative Service, USDA. ACTION: Notice. SUMMARY: The Rural Business-Cooperative Service (RBS), an Agency within the Rural Development mission area, announces the availability of two individual grants: one single $495,000 grant from the passenger transportation funds appropriated for the RBS Rural Business Enterprise Grant
(RBEG)program and another single $247,500 grant from the Federally Recognized Native American Tribes' (FRNAT) funds appropriated for RBS under the RBEG program for fiscal year
(FY)2006. Each grant is to be competitively awarded to a qualified national organization. These grants are to provide technical assistance for rural transportation. DATES: The deadline for receipt of preapplications in the Rural Development State Office is April 14, 2006. Preapplications received at a Rural Development State Office after that date would not be considered for FY 2006 funding. ADDRESSES: For further information, entities wishing to apply for assistance should contact a Rural Development State Office to obtain copies of the pre-application package. A list of Rural Development State Offices follows: District of Columbia Rural Development Business Programs, USDA, Specialty Lenders Division, 1400 Independence Avenue, SW., STOP 3225, Room 6867, Washington, DC 20250-3225,
(202)720-1400. Alabama USDA Rural Development State Office, Sterling Centre, Suite 601, 4121 Carmichael Road, Montgomery, AL 36106-3683,
(334)279-3400. Alaska USDA Rural Development State Office, 800 West Evergreen, Suite 201, Palmer, AK 99645-6539,
(907)761-7705. Arizona USDA Rural Development State Office, 230 N. First Avenue, Suite 206, Phoenix, AZ 85003-1706,
(602)280-8700. Arkansas USDA Rural Development State Office, 700 West Capitol Avenue, Room 3416, Little Rock, AR 72201-3225,
(501)301-3200. California USDA Rural Development State Office, 430 G Street, Agency 4169, Davis, CA 95616-4169,
(530)792-5800/TDD
(530)792-5848. Colorado USDA Rural Development State Office, 655 Parfet Street, Room E-100, Lakewood, CO 80215,
(720)544-2903/TDD
(720)544-2976. Delaware-Maryland USDA Rural Development State Office, 1221 College Park Drive, Suite 200, Dover, DE 19904,
(302)857-3580/TDD
(302)857-3585. Florida/Virgin Islands USDA Rural Development State Office, 4440 NW 25th Place, P.O. Box 147010, Gainesville, FL 32614-7010,
(352)338-3400/TDD
(352)338-3450. Georgia USDA Rural Development State Office, Stephens Federal Building, 355 E. Hancock Avenue, Athens, GA 30601-2768,
(706)546-2162. Hawaii USDA Rural Development State Office, Federal Building, Room 311, 154 Waianuenue Avenue, Hilo, HI 96720,
(808)933-8380/(808) 933-8321. Idaho USDA Rural Development State Office, 9173 West Barnes Drive, Suite A1, Boise, ID 83709,
(208)378-5600/TDD
(208)378-5644. Illinois USDA Rural Development State Office, 2118 West Park Court, Suite A, Champaign, IL 61821,
(217)403-6200/TDD
(217)403-6240. Indiana USDA Rural Development State Office, 5975 Lakeside Boulevard, Indianapolis, IN 46278,
(317)290-3100/TDD
(317)290-3340. Iowa USDA Rural Development State Office, Federal Building, Room 873, 210 Walnut Street, Des Moines, IA 50309
(515)284-4663/TDD
(515)284-4858 Kansas USDA Rural Development State Office, 1303 SW First American Place, Suite 100, Topeka, KS 66604-4040,
(785)271-2700/TDD
(785)271-2767. Kentucky USDA Rural Development State Office, 771 Corporate Drive, Suite 200, Lexington, KY 40503,
(859)224-7300/TDD
(859)224-7422. Louisiana USDA Rural Development State Office, 3727 Government Street, Alexandria, LA 71302,
(318)473-7920/TDD
(318)473-7655. Maine USDA Rural Development State Office, 967 Illinois Avenue, Suite 4, P.O. Box 405, Bangor, ME 04402-0405,
(207)990-9160/TDD
(207)942-7331. Massachusetts/Rhode Island/Connecticut USDA Rural Development State Office, 451 West Street, Suite 2, Amherst, MA 01002-2999,
(413)253-4300/TDD
(413)253-4318. Michigan USDA Rural Development State Office, 3001 Coolidge Road, Suite 200, East Lansing, MI 48823,
(517)324-5100/TDD
(517)337-6795. Minnesota USDA Rural Development State Office, 410 AgriBank Building, 375 Jackson Street, St. Paul, MN 55101-1853,
(651)602-7800/TDD
(651)602-3799. Mississippi USDA Rural Development State Office, Federal Building, Suite 831, 100 West Capitol Street, Jackson, MS 39269,
(601)965-4316/TDD
(601)965-5850. Missouri USDA Rural Development State Office, 601 Business Loop 70 West, Parkade Center, Suite 235, Columbia, MO 65203,
(573)876-0976/TDD
(573)876-9480. Montana USDA Rural Development State Office, 900 Technology Blvd., Unit 1, Suite B, P.O. Box 850, Bozeman, MT 59771,
(406)585-2580/TDD
(406)585-2562. Nebraska USDA Rural Development State Office, Federal Building, Room 152, 100 Centennial Mall North, Lincoln, NE 68508,
(402)437-5551/TDD
(402)437-5093. Nevada USDA Rural Development State Office, 1390 South Curry Street, Carson City, NV 89703-9910,
(775)887-1222/TDD
(775)885-0841. New Jersey USDA Rural Development State Office, 5th Floor North, Suite 500, 8000 Midlantic Drive, Mt. Laurel, NJ 08054,
(856)787-7700/TDD
(856)787-7784. New Mexico USDA Rural Development State Office, 6200 Jefferson Street NE, Room 255, Albuquerque, NM 87109,
(505)761-4950/TDD
(505)761-4976. New York USDA Rural Development State Office, The Galleries of Syracuse, 441 South Salina Street, Suite 357, Syracuse, NY 13202-2541,
(315)477-6400/TDD
(315)477-6447. North Carolina USDA Rural Development State Office, 4405 Bland Road, Suite 260, Raleigh, NC 27609,
(919)873-2000/TDD
(919)873-2003. North Dakota USDA Rural Development State Office, Federal Building, Room 208, 220 East Rosser, P.O. Box 1737, Bismarck, ND 58502-1737,
(701)530-2037/TDD
(701)530-2113. Ohio USDA Rural Development State Office, Federal Building, Room 507, 200 North High Street, Columbus, OH 43215-2418,
(614)255-2400/TDD
(614)255-2554. Oklahoma USDA Rural Development State Office, 100 USDA, Suite 108, Stillwater, OK 74074-2654,
(405)742-1000/TDD
(405)742-1007. Oregon USDA Rural Development State Office, 101 SW Main Street, Suite 1410, Portland, OR 97204-3222,
(503)414-3300/TDD
(503)414-3387. Pennsylvania USDA Rural Development State Office, One Credit Union Place, Suite 330, Harrisburg, PA 17110-2996,
(717)237-2299/TDD
(717)237-2261. Puerto Rico USDA Rural Development State Office, IBM Building, 654 Munoz Rivera Avenue, Suite 601, San Juan, PR 00918-6106,
(787)766-5095/TDD
(787)766-5332. South Carolina USDA Rural Development State Office, Strom Thurmond Federal Building, 1835 Assembly Street, Room 1007, Columbia, SC 29201,
(803)765-5163/TDD
(803)765-5697. South Dakota USDA Rural Development State Office, Federal Building, Room 210, 200 4th Street, SW., Huron, SD 57350,
(605)352-1100/TDD
(605)352-1147. Tennessee USDA Rural Development State Office, 3322 West End Avenue, Suite 300, Nashville, TN 37203-1084,
(615)783-1300. Texas USDA Rural Development State Office, Federal Building, Suite 102, 101 South Main Street, Temple, TX 76501,
(254)742-9700/TDD
(254)742-9712. Utah USDA Rural Development State Office, Wallace F. Bennett Federal Building, 125 South State Street, Room 4311, Salt Lake City, UT 84138,
(801)524-4320/TDD
(801)524-3309. Vermont/New Hampshire USDA Rural Development State Office, City Center, 3rd Floor, 89 Main Street, Montpelier, VT 05602,
(802)828-6000/TDD
(802)223-6365. Virginia USDA Rural Development State Office, Culpeper Building, Suite 238, 1606 Santa Rosa Road, Richmond, VA 23229,
(804)287-1550/TDD
(804)287-1753. Washington USDA Rural Development State Office, 1835 Black Lake Boulevard, SW., Suite B, Olympia, WA 98512-5715,
(360)704-7740. West Virginia USDA Rural Development State Office, Federal Building, 75 High Street, Room 320, Morgantown, WV 26505-7500,
(304)284-4860/TDD
(304)284-4836. Wisconsin USDA Rural Development State Office, 4949 Kirschling Court, Stevens Point, WI 54481,
(715)345-7600/TDD
(715)345-7614. Wyoming USDA Rural Development State Office, 100 East B, Federal Building, Room 1005, P.O. Box 11005, Casper, WY 82602-5006,
(307)261-6300/TDD
(307)233-6733. SUPPLEMENTARY INFORMATION: The passenger transportation portion of the RBEG program is authorized by section 310B(c)(2) of the Consolidated Farm and Rural Development Act (CONACT) (7 U.S.C. 1932(c)(2)). The RBEG program is administered on behalf of RBS at the State level by the Rural Development State Offices. The primary objective of the program is to improve the economic conditions of rural areas. Assistance provided to rural areas under this program may include on-site technical assistance to local and regional governments, public transit agencies, and related nonprofit and for-profit organizations in rural areas; the development of training materials; and the provision of necessary training assistance to local officials and agencies in rural areas. Awards under the RBEG passenger transportation program are made on a competitive basis using specific selection criteria contained in 7 CFR part 1942, subpart G, and in accordance with section 310B(c)(2) of the CONACT. That subpart also contains the information required to be in the application package. For the FRNAT grant, at least 75 percent of the benefits of the project must be received by members of Federally Recognized Tribes. The project that scores the greatest number of points based on the selection criteria and Administrator's points will be selected for each grant. Preapplications will be tentatively scored by the State Offices and submitted to the National Office for review, final scoring, and selection. To be considered “national,” a qualified organization is required to provide evidence that it operates in multi-State areas. There is not a requirement to use the grant funds in a multi-State area. Under this notice, grants will be made to qualified, private, non-profit organizations for the provision of technical assistance and training to rural communities for the purpose of improving passenger transportation services or facilities. Public bodies are not eligible for passenger transportation RBEG grants. The information collection requirements contained within this Notice have received approval by the Office of Management and Budget
(OMB)under OMB Control Number 0570-0022 (7 CFR part 1942, subpart G). Fiscal Year 2006 Preapplications Submission Each application received in a Rural Development State Office will be reviewed to determine if this application is consistent with the eligible purposes contained in section 310B(c)(2) of the CONACT. Each selection priority criterion outlined in 7 CFR part 1942, subpart G, section 1942.305(b)(3), must be addressed in the application. Failure to address any of the criteria will result in a zero-point score for that criterion and impact the overall evaluation of the application. Copies of 7 CFR part 1942, subpart G, will be provided to any interested applicant making a request to a Rural Development State Office listed in this notice. All projects to receive technical assistance through these passenger transportation grant funds are to be identified when the preapplications are submitted to the Rural Development State Office. Multiple project preapplications must identify each individual project, indicate the amount of funding requested for each individual project, and address the criteria as stated above for each individual project. For multiple-project preapplications, the average of the individual project scores will be the score for that application. All eligible preapplications, along with tentative scoring sheets and the Rural Development State Director's recommendation, will be referred to the National Office no later than May 25, 2006, for final scoring and selection for an award. The National Office will score preapplications based on the grant selection criteria and weights contained in 7 CFR part 1942, subpart G and will select a grantee subject to the grantee's satisfactory submission of a formal application and related materials in the manner and timeframe established by RBS in accordance with 7 CFR part 1942, subpart G. It is anticipated that the grantees will be selected by July 7, 2006. All applicants will be notified by RBS of the Agency's decision on the awards. Nondiscrimination Statement The U.S. Department of Agriculture
(USDA)prohibits discrimination in all its programs and activities on the basis of race, color, national origin, age, disability, and where applicable, sex, marital status, familial status, parental status, religion, sexual orientation, genetic information, political beliefs, reprisal, or because all or part of an individual's income is derived from any public assistance program. (Not all prohibited bases apply to all programs.) Persons with disabilities who require alternative means for communication of program information (Braille, large print, audiotape, etc.) should contact USDA's TARGET Center at
(202)720-2600 (voice and TDD). To file a complaint of discrimination, write to USDA, Director, Office of Civil Rights, 1400 Independence Avenue, SW, Washington, DC 20250-9410 or call
(800)795-3272 (voice), or
(202)720-6382 (TDD). “USDA is an equal opportunity provider, employer, and lender.” Dated: February 23, 2006. Jackie J. Gleason, Acting Administrator, Rural Business-Cooperative Service. [FR Doc. E6-3761 Filed 3-14-06; 8:45 am] BILLING CODE 3410-XY-P DEPARTMENT OF AGRICULTURE Rural Utilities Service Household Water Well System Grant Program Announcement of Application Deadlines and Funding AGENCY: Rural Utilities Service, USDA. ACTION: Notice of funding availability and solicitation of applications. SUMMARY: USDA Rural Development administers rural utilities programs through the Rural Utilities Service. USDA Rural Development announces its fiscal year
(FY)2006 funding and application window for the Household Water Well System
(HWWS)Grant Program. The HWWS Grant Program is authorized under Section 6012 of the Farm Security and Rural Investment Act of 2002 (The Act), Public Law 107-171. The Act authorizes USDA Rural Development to make grants to qualified private non-profit organizations to establish lending programs for household water wells. For FY 2006, the HWWS grant funding available is $990,000. The non-profit organizations will use the grants to make loans to individuals to construct or upgrade a household water well system for an existing home. The organizations must contribute an amount equal to at least 10 percent of the grant request to capitalize the loan fund. Applications may be submitted in paper or electronic format. The HWWS Grant Program regulations are contained in 7 CFR part 1776. DATES: The deadline for completed applications for a HWWS grant is May 31, 2006. Applications in either paper or electronic format must be postmarked or time-stamped electronically on or before the deadline. Late applications will be ineligible for grant consideration. ADDRESSES: Submit electronic grant applications through *http://www.grants.gov* (Grants.gov), following the instructions on that Web site. Submit completed paper applications to the U.S. Department of Agriculture, USDA Rural Development Utilities Programs, Mail Stop #1570, Room 2233-S, 1400 Independence Ave., SW., Washington, DC 20250-1570. Applications should be marked “Attention: Water and Environmental Programs.” Application guides and materials for the HWWS Grant Program may be obtained electronically through *http://www.usda.gov/rus/water/well.htm.* Call
(202)720-9589 to request paper copies of application guides and materials from the Water and Environmental Programs staff. FOR FURTHER INFORMATION CONTACT: Cheryl Francis, Loan Specialist, U.S. Department of Agriculture, Rural Development Programs, Water and Environmental Programs, telephone:
(202)720-1937, fax:
(202)690-0649, e-mail: *cheryl.francis@wdc.usda.gov.* SUPPLEMENTARY INFORMATION: Overview *Federal Agency:* Rural Utilities Service (RUS). *Funding Opportunity Title:* Household Water Well System Grant Program. *Announcement Type:* Grant—Initial. *Catalog of Federal Domestic Assistance
(CFDA)Number:* 10.862. *Due Date for Applications:* May 31, 2006. Items in Supplementary Information I. Funding Opportunity: Description of the Household Water Well System Grant Program. II. Award Information: Available funds. III. Eligibility Information: Who is eligible, what kinds of projects are eligible, what criteria determine basic eligibility. IV. Application and Submission Information: Where to get application materials, what constitutes a completed application, how and where to submit applications, deadlines, items that are eligible. V. Application Review Information: Considerations and preferences, scoring criteria, review standards, selection information. VI. Award Administration Information: Award notice information, award recipient reporting requirements. VII. Agency Contacts: Web, phone, fax, email, contact name. I. Funding Opportunity A. Program Description The Household Water Well System
(HWWS)Grant Program has been established to help individuals with low to moderate incomes finance the costs of household water wells that they own or will own. The HWWS Grant Program is authorized under section 6012 of the Farm Security and Rural Investment Act of 2002 (The Act), Public Law 107-171. The Act authorizes the USDA Rural Development through the Rural Utilities Service to make grants to qualified private non-profit organizations to establish lending programs for household water wells. As the grant recipients, non-profit organizations will receive HWWS grants to establish lending programs that will provide water well loans to individuals. The individuals, as loan recipients, may use the loans to construct, refurbish, and service their household well systems. A loan may not exceed $8,000 and will have a term up to 20 years at a one percent annual interest rate. B. Background The USDA Rural Development supports the sound development of rural communities and the growth of our economy without endangering the environment. The USDA Rural Development provides financial and technical assistance to help communities bring safe drinking water and sanitary, environmentally sound waste disposal facilities to rural Americans in greatest need. A central water system may not be the only or best solution to drinking water problems. Distance or physical barriers make public central water systems expensive in remote areas. A significant number of geographically isolated households without water service might require individual wells rather than connections to new or existing community systems. The goal of the USDA Rural Development is not only to make funds available to those communities most in need of potable water but also to ensure that facilities used to deliver drinking water are safe and affordable. There is a role for private wells in reaching this goal. C. Purpose The purpose of the HWWS Grant Program is to provide funds to non-profit organizations to assist them in establishing loan programs from which individuals may borrow money for household water well systems. Applicants must show that the project will provide technical and financial assistance to eligible individuals to remedy household well problems. Priority will be given to the non-profit organizations that: 1. Demonstrate experience in promoting safe, productive uses of household water wells and ground water. 2. Demonstrate significant management experience in making and servicing loans to individuals. 3. Contribute more than 50 percent of the grant amount in cash or other liquid assets in order to capitalize the revolving loan fund. 4. Propose to serve rural areas containing the smallest communities with a high percentage of low-income individuals eligible for loans. 5. Target areas which lack running water, flush toilets, and modern sewage disposal systems. Due to the limited amount of funds available under the HWWS Program, one or two applications may be funded from FY 2006 funds. Previously funded grant recipients must apply for a different target area to be considered for funding under this announcement. II. Award Information *Funding Instrument Type:* Grant. *Anticipated Total Priority Area Funding:* $990,000. *Anticipated Number of Awards:* 1 or 2. *Length of Project Periods:* 12-month project. *Assistance Instrument:* Grant Agreement with successful applicants before any grant funds are disbursed. III. Eligibility Information A. Who Is Eligible for Grants? 1. An organization is eligible to receive a Household Water Well grant if it: a. Is a private, non-profit organization that has tax-exempt status from the United States Internal Revenue Service (IRS). Faith-based organizations are eligible and encouraged to apply for this program. b. Is legally established and located within one of the following:
(1)A state within the United States
(2)The District of Columbia
(3)The Commonwealth of Puerto Rico
(4)A United States territory c. Has the legal capacity and authority to carry out the grant purpose; d. Has sufficient expertise and experience in lending activities; e. Has sufficient expertise and experience in promoting the safe and productive use of individually-owned household water well systems and ground water; f. Has no delinquent debt to the Federal Government or no outstanding judgments to repay a Federal debt; g. Demonstrates that it possesses the financial, technical, and managerial capability to comply with Federal and State laws and requirements. 2. An individual is ineligible to receive a Household Water Well grant. An individual may receive only a loan. B. What are the basic eligibility requirements for a project? *1. Project Eligibility.* To be eligible for a grant, the project must: a. Be a revolving loan fund created to provide loans to eligible individuals to construct, refurbish, and service individually-owned household water well systems (see 7 CFR 1776.11 and 1776.12). Loans may not be provided for home sewer or septic system projects. b. Be established and maintained by a private, non-profit organization. c. Be located in a rural area. Rural area is defined as locations other than cities or towns of more than 50,000 people and the adjacent urbanized area of such towns and cities. *2. Required Matching Contributions.* Grant applicants must provide written evidence of a matching contribution of at least 10 percent from sources other than the proceeds of a HWWS grant. In-kind contributions will not be considered for the matching requirement. Please see 7 CFR 1776.9 for the requirement. *3. Other—Requirements* . a. DUNS Number. An organization must have a Dun and Bradstreet Data Universal Numbering System
(DUNS)number. A DUNS number will be required whether an applicant is submitting a paper application or an electronic application through *http://www.grants.gov* . To verify that your organization has a DUNS number or to receive one at no cost, call the dedicated toll-free request line at 1-866-705-5711 or request one on-line at *http://www.dnb.com* . b. Eligibility for Loans. Individuals are not eligible for grants but are eligible for loans. To be eligible for a loan, an individual must:
(1)Be a member of a household of which the combined household income of all members does not exceed 100 percent of the median non-metropolitan household income for the State or territory in which the individual resides. Household income is the total income from all sources received by each adult household member for the most recent 12-month period for which the information is available. It does not include income earned or received by dependent children under 18 years old or other benefits that are excluded by Federal law. The non-metropolitan household income must be based on the most recent decennial census of the United States. USDA Rural Development publishes a list of income exclusions in 7 CFR 3550.54(b). Also, a list of federally Mandated Exclusions from Income, published by the Department of Housing and Urban Development may be found in the **Federal Register** , April 20, 2001 at 66 FR 20318.
(2)Own and occupy the home being improved with the proceeds of the Household Water Well loan or be purchasing the home to occupy under a legally enforceable land purchase contract which is not in default by either the seller or the purchaser.
(3)Own the home in a rural area.
(4)Not use the loan for a water well system associated with the construction of a new dwelling.
(5)Not use the loan to substitute a well for water service available from collective water systems. (For example, a loan may not be used to restore an old well abandoned when a dwelling was connected to a water district's water line.)
(6)Not be suspended or debarred from participation in Federal programs. IV. Application and Submission Information A. Where To Get Application Information The application guide, copies of necessary forms and samples, and the HWWS Grant regulation are available from these sources: 1. On-line for electronic copies: *http://www.grants.gov* or *http://www.usda.gov/rus/water/well.htm* , and 2. USDA Rural Development for paper copies. USDA Rural Development Utilities Programs, Water Programs Division, Room 2234 South, Stop 1570, 1400 Independence Avenue, SW., Washington, DC 20250-1570. Telephone:
(202)720-9589; Fax
(202)690-0649. B. Content and Form of Application Submission 1. Rules and Guidelines a. Detailed information on each item required can be found in the Household Water Well System Grant Program regulation and the Household Water Well System Grant Application Guide. Applicants are strongly encouraged to read and apply both the regulation and the application guide. This Notice does not change the requirements for a completed application for any form of HWWS financial assistance specified in the regulation. The regulation and application guide provide specific guidance on each of the items listed. b. Applications should be prepared in conformance with the provisions in 7 CFR part 1776, subpart B, and applicable USDA regulations including 7 CFR parts 3015 and 3019. Applicants should use the Household Water Well System Grant Application Guide which contains instructions and other important information in preparing their application. Completed applications must include the items found in the checklist in the next paragraph. 2. Checklist of Items in Completed Application Packages The forms in items 1 through 6 must be completed and signed where appropriate by an official of your organization who has authority to obligate the organization legally. The forms may be found on-line at the USDA Rural Development Web site: *http://www.usda.gov/rus/water/wwforms.htm.* See section V, “Application Review Information,” for instructions and guidelines on preparing Items 7 through 13. Application Items 1. SF-424, “Application for Federal Assistance” 2. SF-424A, “Budget Information—Non-Construction Programs” 3. SF-424B, “Assurances—Non-Construction Programs” 4. SF-LLL, “Disclosure of Lobbying Activity” 5. Form RD 400-1, “Equal Opportunity Agreement” 6. Form RD 400-4, “Assurance Agreement (Under Title VI, Civil Rights Act of 1964) 7. Project Proposal Project Summary Needs Assessment Project Goals and Objectives Project Narrative 8. Work Plan 9. Budget and Budget Justification 10. Evidence of Legal Authority and Existence 11. Documentation of non-profit status and IRS Tax Exempt Status 12. List of Directors and Officers 13. Financial information and sustainability (narrative) 14. Assurances and Certifications of Compliance with Other Federal Statutes 3. Compliance With Other Federal Statutes The applicant must provide evidence of compliance with other Federal statutes and regulations, including, but not limited to the following: a. 7 CFR part 15, subpart A—Nondiscrimination in Federally Assisted Programs of the Department of Agriculture—Effectuation of Title VI of the Civil Rights Act of 1964. b. 7 CFR part 3015—Uniform Federal Assistance Regulations. c. 7 CFR part 3017—Government wide Debarment and Suspension (Non-procurement). d. 7 CFR part 3018—New Restrictions on Lobbying. e. 7 CFR part 3021—Government wide Requirements for Drug-Free Workplace (Financial Assistance). f. Executive Order 13166, “Improving Access to Services for Persons with Limited English Proficiency.” For information on limited English proficiency and agency-specific guidance, go to *http://www.LEP.gov.* g. Federal Obligation Certification on Delinquent Debt. C. How Many Copies of an Application Are Required? *1. Applications Submitted on Paper.* Submit one signed original and two additional copies. The original and each of the two copies must include all required forms, certifications, assurances, and appendices, be signed by an authorized representative, and have original signatures. Do not include organizational brochures or promotional materials. 2. *Applications Submitted Electronically.* The additional paper copies are unnecessary if the application is submitted electronically through *http://www.grants.gov.* D. How and Where To Submit an Application 1. Submitting Paper Applications a. For paper applications mail or ensure delivery of an original paper application (no stamped, photocopied, or initialed signatures) and two copies by the deadline date to: USDA Rural Development Utilities Programs, Water Programs Division, Room 2234 South, Stop 1570, 1400 Independence Avenue, SW., Washington, DC 20250-1570. b. Applications must show proof of mailing or shipping by one of the following:
(1)A legibly dated U.S. Postal Service
(USPS)postmark;
(2)A legible mail receipt with the date of mailing stamped by the USPS; or
(3)A dated shipping label, invoice, or receipt from a commercial carrier. c. If a deadline date falls on a weekend, it will be extended to the following Monday. If the date falls on a Federal holiday, it will be extended to the next business day. d. Due to screening procedures at the Department of Agriculture, packages arriving via the USPS are irradiated, which can damage the contents. USDA Rural Development encourages applicants to consider the impact of this procedure in selecting an application delivery method. 2. Submitting Electronic Applications a. Applications will not be accepted via facsimile machine transmission or electronic mail. b. Electronic applications for grants will be accepted if submitted through Grants.gov at *http://www.grants.gov.* c. Applicants who apply through Grants.gov should submit their applications before the deadline. d. Grants.gov contains full instructions on all required passwords, credentialing, and software. Follow the instructions at Grants.gov for registering and submitting an electronic application. RUS may request original signatures on electronically submitted documents later. e. To use Grants.gov:
(1)Follow the instructions on the Web site to find grant information.
(2)Download a copy of an application package.
(3)Complete the package off-line.
(4)Upload and submit the application via the Grants.gov Web site. f. You must be registered with Grants.gov before you can submit a grant application. (1)You will need a DUNS number to access or register at any of the services. In addition to the DUNS number required of all grant applicants, your organization must be listed in the Central Contractor Registry (CCR). If you have not used Grants.gov before, you will need to register with the CCR and the Credential Provider. Setting up a CCR listing (a one-time procedure with annual updates) takes up to five business days. USDA Rural Development recommends that you obtain your organization's DUNS number and CCR listing well in advance of the deadline specified in this notice.
(2)The CCR registers your organization, housing your organizational information and allowing Grants.gov to use it to verify your identity. You may register for the CCR by calling the CCR Assistance Center at 1-888-227-2423 or you may register online at *http://www.ccr.gov.*
(3)The Credential Provider gives you or your representative a username and password, as part of the Federal Government's e-Authentication to ensure a secure transaction. You will need the username and password when you register with Grants.gov or use Grants.gov to submit your application. You must register with the Central Provider through Grants.gov at *https://apply.grants.gov/OrcRegister.*
(4)If a system problem or technical difficulty occurs with an electronic application, please use the customer support resources available at the Grants.gov website. E. Deadlines The deadline for paper and electronic submissions is May 31, 2006. Paper applications must be postmarked and mailed, shipped, or sent overnight no later than the closing date to be considered for FY 2006 grant funding. Electronic applications must have an electronic date and time stamp by midnight of May 31, 2006, to be considered on time. USDA Rural Development will not accept applications by fax or e-mail. Applications that do not meet the criteria above are considered late applications and will not be considered. USDA Rural Development will notify each late applicant that its application will not be considered. F. Funding Restrictions 1. Eligible Grant Purposes a. Grant funds must be used to establish and maintain a revolving loan fund to provide loans to eligible individuals for household water well systems. b. Individuals may use the loans to construct, refurbish, rehabilitate, or replace household water well systems up to the point of entry of a home. Point of entry for the well system is the junction where water enters into a home water delivery system after being pumped from a well. c. Grant funds may be used to pay administrative expenses associated with providing Household Water Well loans. 2. Ineligible Grant Purposes a. Administrative expenses incurred in any calendar year that exceed 10 percent of the HWWS loans made during the same period do not qualify for reimbursement. b. Administrative expenses incurred before USDA Rural Development executes a grant agreement with the recipient do not qualify for reimbursement. c. Delinquent debt owed to the Federal Government. d. Grant funds may not be used to provide loans for household sewer or septic systems. e. Household Water Well loans may not be used to pay the costs of water well systems for the construction of a new house. f. Household Water Well loans may not be used to pay the costs of a home plumbing system. V. Application Review Information A. Criteria This section contains instructions and guidelines on preparing the project proposal, work plan, and budget sections of the application. Also, guidelines are provided on the additional information required for USDA Rural Development to determine eligibility and financial feasibility. *1. Project Proposal.* The project proposal should outline the project in sufficient detail to provide a reader with a complete understanding of the loan program. Explain what will be accomplished by lending funds to individual well owners. Demonstrate the feasibility of the proposed loan program in meeting the objectives of this grant program. The proposal should include the following elements: *a. Project Summary.* Present a brief project overview. Explain the purpose of the project, how it relates to USDA Rural Development's purposes, how the project will be executed, what the project will produce, and who will direct it. *b. Needs Assessment.* To show why the project is necessary, clearly identify the economic, social, financial, or other problems that require solutions. Demonstrate the well owners' need for financial and technical assistance. Quantify the number of prospective borrowers or provide statistical or narrative evidence that a sufficient number of borrowers will exist to justify the grant award. Describe the service area. Provide information on the household income of the area and other demographical information. Address community needs. *c. Project Goals and Objectives.* Clearly state the project goals. The objectives should clearly describe the goals and be concrete and specific enough to be quantitative or observable. They should also be feasible and relate to the purpose of the grant and loan program. *d. Project Narrative.* The narrative should cover in more detail the items briefly described in the Project Summary. Demonstrate the grant applicant's experience and expertise in promoting the safe and productive use of individually-owned household water well systems. The narrative should address the following points:
(1)Document the grant applicant's ability to manage and service a revolving fund. The narrative may describe the systems that are in place for the full life cycle of a loan from loan origination through servicing. If a servicing contractor will service the loan portfolio, the arrangement and services provided must be discussed.
(2)Show evidence that the organization can commit financial resources the organization controls. This documentation should describe the sources of funds other than the HWWS grant that will be used to pay your operational costs and provide financial assistance for projects.
(3)Demonstrate that the organization has secured commitments of significant financial support from other funding sources, if appropriate.
(4)List the fees and charges that borrowers will be assessed. *2. Work Plan.* The work plan or scope of work must describe the tasks and activities that will be accomplished with available resources during the grant period. It must include who will carry out the activities and services to be performed and specific timeframes for completion. Describe any unusual or unique features of the project such as innovations, reductions in cost or time, or extraordinary community involvement. *3. Budget and Budget Justification.* Both Federal and non-Federal resources shall be detailed and justified in the budget and narrative justification. “Federal resources” refers only to the HWWS grant for which you are applying. “Non Federal resources” are all other Federal and non-Federal resources. a. Provide a budget with line item detail and detailed calculations for each budget object class identified in section B of the Budget Information form (SF-424A). Detailed calculations must include estimation methods, quantities, unit costs, and other similar quantitative detail sufficient for the calculation to be duplicated. Also include a breakout by the funding sources identified in Block 15 of the SF-424. b. Provide a narrative budget justification that describes how the categorical costs are derived for all capital and administrative expenditures, the matching contribution, and other sources of funds necessary to complete the project. Discuss the necessity, reasonableness, and allocability of the proposed costs. Consult OMB Circular A-122: “Cost Principles for Non-Profit Organizations” for information about appropriate costs for each budget category. c. If the grant applicant will use a servicing contractor, the fees may be reimbursed as an administrative expense as provided in 7 CFR 1776.13. These fees must be discussed in the budget narrative. If the grant applicant will hire a servicing contractor, it must demonstrate that all procurement transactions will be conducted in a manner to provide, to the maximum extent practical, open and free competition. Recipients must justify any anticipated procurement action that is expected to be awarded without competition and exceed the simplified acquisition threshold fixed at 41 U.S.C. 403(11) (currently set at $100,000). d. The indirect cost category should be used only when the grant applicant currently has an indirect cost rate approved by the Department of Agriculture or another cognizant Federal agency. A grant applicant that will charge indirect costs to the grant must enclose a copy of the current rate agreement. If the grant applicant is in the process of initially developing or renegotiating a rate, the grant applicant shall submit its indirect cost proposal to the cognizant agency immediately after the applicant is advised that an award will be made. In no event, shall the indirect cost proposal be submitted later than three months after the effective date of the award. Consult OMB Circular A-122 for information about indirect costs. *4. Evidence of Legal Authority and Existence.* The applicant must provide satisfactory documentation that it is legally recognized under state and Federal law as a non-profit organization. The documentation also must show that it has the authority to enter into a grant agreement with the Rural Utilities Service and to perform the activities proposed under the grant application. Satisfactory documentation includes, but is not limited to, certificates from the Secretary of State, or copies of state statutes or laws establishing your organization. Letters from the IRS awarding tax-exempt status are not considered adequate evidence. *5. List of Directors and Officers.* The applicant must submit a certified list of directors and officers with their respective terms. *6. IRS Tax Exempt Status.* The applicant must submit evidence of tax exempt status from the Internal Revenue Service. *7. Financial Information and Sustainability.* The applicant must submit pro forma balance sheets, income statements, and cash flow statements for the last three years and projections for three years. Additionally, the most recent audit of the applicant's organization must be submitted. B. Evaluation Criteria Grant applications that are complete and eligible will be scored competitively based on the following scoring criteria: Scoring criteria Points Degree of expertise and experience in promoting the safe and productive use of individually-owned household water well systems and ground water Up to 30 points. Degree of expertise and successful experience in making and servicing loans to individuals Up to 20 points. Percentage of applicant contributions. Points allowed under this paragraph will be based on written evidence of the availability of funds from sources other than the proceeds of a HWWS grant to pay part of the cost of a loan recipient's project. In-kind contributions will not be considered. Funds from other sources as a percentage of the HWWS grant and points corresponding to such percentages are as follows: 0 to 9 percent ineligible. 10 to 25 percent 5 points 26 to 30 percent 10 points 31 to 50 percent 15 points 51 percent or more 20 points Extent to which the work plan demonstrates a well thought out, comprehensive approach to accomplishing the objectives of this part, clearly defines who will be served by the project, and appears likely to be sustainable Up to 20 points. Lowest ratio of projected administrative expenses to loans advanced Up to 10 points. Administrator's discretion, taking into consideration such factors as: Up to 10 points. Creative outreach ideas for marketing HWWS loans to rural residents; Amount of funds requested in relation to the amount of needs demonstrated in the proposal; Excellent utilization of a previous revolving loan fund; and Optimizing the use of agency resources Description of the service area, particularly the range of the area: State 10 points. Regional 15 points. National 20 points. Extent to which the problem or issue being addressed in the Needs Assessment is defined clearly and supported by data Up to 15 points. Extent to which the goals and objectives are clearly defined, tied to the need as defined in the Needs Assessment, and are measurable Up to 15 points. Extent to which the evaluation methods are specific to the program, clearly defined, measurable, with expected program outcomes Up to 20 points. C. Review Standards 1. Incomplete applications as of the deadline for submission will not be considered. If an application is determined to be incomplete, the applicant will be notified in writing and the application will be returned with no further action. 2. Ineligible applications will be returned to the applicant with an explanation. 3. Complete, eligible applications will be evaluated competitively by a review team, composed of at least two USDA Rural Development employees selected from the Water Programs Division. They will make overall recommendations based on the program elements found in 7 CFR part 1776 and the review criteria presented in this notice. They will award points as described in the scoring criteria in 7 CFR 1776.9 and this notice. Each application will receive a score based on the averages of the reviewers' scores and discretionary points awarded by the Rural Utilities Service Administrator. 4. Applications will be ranked and grants awarded in rank order until all grant funds are expended. 5. Regardless of the score an application receives, if USDA Rural Development determines that the project is technically infeasible, USDA Rural Development will notify the applicant, in writing, and the application will be returned with no further action. VI. Award Administration Information A. Award Notices USDA Rural Development will notify a successful applicant by an award letter accompanied by a grant agreement. The grant agreement will contain the terms and conditions for the grant. The applicant must execute and return the grant agreement, accompanied by any additional items required by the award letter or grant agreement. B. Administrative and National Policy Requirements 1. This notice, the 7 CFR 1776, and Household Water Well System Grant Program Application Guide implement the appropriate administrative and national policy requirements. Grant recipients are subject to the requirements in 7 CFR part 1776. 2. Direct Federal grants, sub-award funds, or contracts under the HWWS Program shall not be used to fund inherently religious activities, such as worship, religious instruction, or proselytization. Therefore, organizations that receive direct USDA assistance should take steps to separate, in time or location, their inherently religious activities from the services funded under the HWWS Program. USDA regulations pertaining to the Equal Treatment for Faith-based Organizations, which includes the prohibition against Federal funding of inherently religious activities, can be found either at the USDA Web site at *http://www.usda.gov/fbci/finalrule.pdf* or 7 CFR part 16. C. Reporting *1. Performance Reporting.* All recipients of HWWS Grant Program financial assistance must provide quarterly performance activity reports to USDA Rural Development until the project is complete and the funds are expended. A final performance report is also required. The final report may serve as the last annual report. The final report must include an evaluation of the success of the project. *2. Financial Reporting.* All recipients of Household Water Well System Grant Program financial assistance must provide an annual audit, beginning with the first year a portion of the financial assistance is expended. The grantee will provide an audit report or financial statements as follows: a. Grantees expending $500,000 or more Federal funds per fiscal year will submit an audit conducted in accordance with OMB Circular A-133. The audit will be submitted within 9 months after the grantee's fiscal year. Additional audits may be required if the project period covers more than one fiscal year. b. Grantees expending less than $500,000 will provide annual financial statements covering the grant period, consisting of the organization's statement of income and expense and balance sheet signed by an appropriate official of the organization. Financial statements will be submitted within 90 days after the grantee's fiscal year. VII. Agency Contacts *A. Web site: http://www.usda.gov/rus/water* . The USDA Rural Development's Web site maintains up-to-date resources and contact information for the Household Water Well program. *B. Phone:* 202-720-9589. *C. Fax:* 202-690-0649. *D. E-mail: cheryl.francis@wdc.usda.gov* . *E. Main point of contact:* Cheryl Francis, Loan Specialist, Water and Environmental Programs, Water Programs Division, USDA Rural Development Utilities Programs, U.S. Department of Agriculture. Dated: March 6, 2006. James M. Andrew, Administrator, Rural Utilities Service. [FR Doc. E6-3694 Filed 3-14-06; 8:45 am] BILLING CODE 3410-15-P DEPARTMENT OF AGRICULTURE Rural Utilities Service Announcement of Grant and Loan Application Deadlines and Funding Levels AGENCY: Rural Utilities Service, USDA. ACTION: Notice of funding availability and solicitation of applications. SUMMARY: USDA Rural Development administers rural utilities programs through the Rural Utilities Service. USDA Rural Development announces the Fiscal Year
(FY)2006 funding levels available for its Revolving Fund Program
(RFP)grant. In addition, USDA Rural Development anounces the maximum amounts for RFP grants applicable for the fiscal year 2006 and the solicitation of applications. DATES: You may submit completed applications for the Revolving Fund Program's grant from March 1, 2006 until May 2, 2006. Reminder of competitive grant application deadline: Applications must be mailed, shipped or submitted electronically through Grants.gov no later than May 2, 2006, to be eligible for FY 2006 grant funding. ADDRESSES: You may obtain application guides and materials for the RFP program via the Internet at the USDA Rural Development Water and Environmental Programs
(WEP)Web site: *http://www.usda.gov/rus/water/index.htm.* You may also request application guides and materials from USDA Rural Development by contacting the WEP at
(202)690-3789. Submit completed paper applications for RFP grant to the Rural Development Utilities Programs, U.S. Department of Agriculture, 1400 Independence Ave., SW., Room 2233, STOP 1570, Washington, DC 20250-1570. Applications should be marked “Attention: Assistant Administrator, Water and Environmental Programs.” Submit electronic grant applications at *http://www.grants.gov* (Grants.gov) and follow the instructions you find on that Web site. FOR FURTHER INFORMATION CONTACT: Anita O'Brien, Loan Specialist, Water Program Division, USDA Rural Development Utilities Programs; Telephone:
(202)690-3789, fax:
(202)690-0649. SUPPLEMENTARY INFORMATION: Overview *Federal Agency:* Rural Utilities Service (RUS). *Funding Opportunity Title:* Grant Program to Establish a Fund for Financing Water and Wastewater Projects (Revolving Fund Program (RFP)). *Announcement Type:* Funding Level Announcement, and Solicitation of Applications. *Catalog of Federal Domestic Assistance
(CFDA)Number:* 10.864. *Dates:* You may submit completed application for a RFP grant from March 1, 2006 and May 2, 2006. *Reminder of competitive grant application deadline:* Applications must be mailed, shipped or submitted electronically through Grants.gov no later than May 2, 2006, to be eligible for FY 2006 grant funding. Items in Supplementary Information I. Funding Opportunity: Brief introduction to the RFP. II. Award Information: Available funds, maximum amounts. III. Eligibility Information: Who is eligible, what kinds of projects are eligible, what criteria determine basic eligibility. IV. Application and Submission Information: Where to get application materials, what constitutes a completed application, how and where to submit applications, deadlines, items that are eligible. V. Application Review Information: Considerations and preferences, scoring criteria, review standards, selection information. VI. Award Administration Information: Award notice information, award recipient reporting requirements. VII. Agency Contacts: Web, phone, fax, e-mail, contact name. I. Funding Opportunity Drinking water systems are basic and vital to both health and economic development. With dependable water facilities, rural communities can attract families and businesses that will invest in the community and improve the quality of life for all residents. Without dependable water facilities, the communities cannot sustain economic development. The USDA Rural Development Utilities Programs supports the sound development of rural communities and the growth of our economy without endangering the environment. Rural Utilities Service
(RUS)programs are administered by USDA Rural Development. USDA Rural Development provides financial and technical assistance to help communities bring safe drinking water and sanitary, environmentally sound waste disposal facilities to rural Americans in greatest need. The Revolving Fund
(RFP)Grant Program has been established to assist communities with water or wastewater systems. Qualified private non-profit organizations will receive RFP grant funds to establish a lending program for eligible entities. Eligible entities for the revolving loan fund will be the same entities eligible to obtain a loan, loan guarantee, or grant from the Water and Waste Disposal and Wastewater loan and grant programs administered by USDA Rural Development. As grant recipients, the non-profit organizations will set up a revolving loan fund to provide loans to finance predevelopment costs of water or wastewater projects, or short-term small capital projects not part of the regular operation and maintenance of current water and wastewater systems. The amount of financing to an eligible entity shall not exceed $100,000.00 and shall be repaid in a term not to exceed 10 years. The rate shall be determined in the approved grant work plan. II. Award Information *Available funds:* $495,000 is available for grants in FY 2006. III. Eligibility Information A. What Are the Basic Eligibility Requirements for Applying? Is a private, non-profit organization that has tax-exempt status from the United States Internal Revenue Service (IRS); Is legally established and located within one of the following: 1. A state within the United States; 2. The District of Columbia; 3. The Commonwealth of Puerto Rico; 4. A United States territory; 5. Has the legal capacity and authority to carry out the grant purpose; 6. Has a proven record of successfully operating a revolving loan fund to rural areas; 7. Has capitalization acceptable to the Agency, and is composed of at least 51 percent of the outstanding interest or membership being citizens of the United States or individuals who reside in the United States after being legally admitted for permanent residence; 8. Has no delinquent debt to the Federal Government or no outstanding judgments to repay a Federal debt; 9. Demonstrates that it possesses the financial, technical, and managerial capability to comply with Federal and State laws and requirements. B. What Are the Basic Eligibility Requirements for a Project? 1. The following activities are authorized under the RFP statute:
(a)Grant funds must be used to capitalize a revolving fund program for the purpose of providing direct loan financing to Ultimate Recipients for pre-development costs associated with proposed or with existing water and wastewater systems, *or,*
(b)Short-term costs incurred for equipment replacement, small-scale extension of services, or other small capital projects that are not part of the regular operations and maintenance activities of existing water and wastewater systems. 2. Grant funds may not be used to pay any of the following:
(a)Payment of the Intermediary's administrative costs or expenses, *and,*
(b)Delinquent debt owed to the Federal Government. IV. Application and Submission Information A. The Grant Application Guide, Copies of Necessary Forms and Samples, and the RFP Regulation Are Available From These Sources 1. The Internet: *http://www.usda.gov/rus/water/index.htm or http://www.grants.gov.* 2. For paper copies of these materials telephone
(202)690-3789. B. You May File an Application in Either Paper or Electronic Format 1. Applications submitted by paper:
(a)Send or deliver paper applications by the U.S. Postal Service
(USPS)or courier delivery services to: Assistant Administrator—Water and Environmental Programs, USDA Rural Development Utilities Programs, 1400 Independence Avenue, SW., STOP 1548, Room S-5145, Washington, DC, 20250-1548.
(b)For paper applications mail or ensure delivery of an original paper application (no stamped, photocopied, or initialed signatures) and two copies by the deadline date. The application and any materials sent with it become Federal records by law and cannot be returned to you. 2. Electronically submitted applications:
(a)For electronic applications you must file through Grants.gov, the official Federal Government Web site at *http://www.grants.gov.* You must be registered with Grants.gov before you can submit a grant application. If you have not used Grants.gov before, you will need to register with the Central Contractor Registry
(CCR)and the Credential Provider. You will need a DUNS number to access or register at any of the services. The registration processes may take several business days to complete. Follow the instructions at Grants.gov for registering and submitting an electronic application. USDA Rural Development may request original signatures on electronically submitted documents later.
(b)The CCR registers your organization, housing your organizational information and allowing Grants.gov to use it to verify your identity. You may register for the CCR by calling the CCR Assistance Center at 1-888-227-2423 or, you may register online at *http://www.ccr.gov.*
(c)The Credential Provider gives you or your representative a username and password, as part of the Federal Government's e-Authentication to ensure a secure transaction. You will need the username and password when you register with Grants.gov or use Grants.gov to submit your application. You must register with the Central Provider through Grants.gov at the following Web address: *https://apply.grants.gov/OrcRegister.*
(d)DUNS Number: Whether you file a paper or an electronic application, you will need a Dun and Bradstreet (D&B) Data Universal Numbering System
(DUNS)number. You must provide your DUNS number on the SF-424, “Application for Federal Assistance.” To verify that your organization has a DUNS number or to receive one at no cost, call the dedicated toll-free request line at 1-866-705-5711 or access the Web site at *http://www.dunandbradstreet.com.* The following information is needed when requesting a DUNS number:
(1)Legal Name.
(2)Headquarters name and address of the organization.
(3)Doing business as
(dba)or other name by which the organization is commonly recognized.
(4)Physical address.
(5)Mailing address (if separate from headquarters and/or physical address).
(6)Telephone number.
(7)Contact name and title.
(8)Number of employees at the physical location. e. USDA Rural Development will not accept applications by fax or e-mail. C. What Constitutes a Completed Application? 1. To be considered for support, you must be an eligible entity and must submit a complete application by the deadline date. You should consult the cost principles and general administrative requirements for grants pertaining to their organizational type in order to prepare the budget and complete other parts of the application. You also must demonstrate compliance (or intent to comply), through certification or other means, with a number of public policy requirements. 2. Applicants must complete and submit the following forms to apply for a RFP grant:
(a)Standard Form 424, “Application for Federal Assistance”
(b)Standard Form 424A, “Budget Information-Non-Construction Programs”
(c)Standard Form 424B, “Assurances—Non struction Programs”
(d)Standard Form LLL, “Disclosure of Lobbying Activity”
(e)Form RD 400-1, “Equal Opportunity Agreement”
(f)Form RD 400-4, “Assurance Agreement (Under Title VI, Civil Rights Act of 1964) 3. The project proposal should outline the project in sufficient detail to provide a reader with a complete understanding of how the loan program will work. Explain what you will accomplish by lending funds to eligible entities. Demonstrate the feasibility of the proposed loan program in meeting the objectives of this grant program. The proposal should cover the following elements:
(a)Present a brief project overview. Explain the purpose of the project, how it relates to USDA Rural Development's purposes, how you will carry out the project, what the project will produce, and who will direct it.
(b)Describe why the project is necessary. Demonstrate that eligible entities need loan funds. Quantify the number of prospective borrowers or provide statistical or narrative evidence that a sufficient number of borrowers will exist to justify the grant award. Describe the service area. Address community needs.
(c)Clearly state your project goals. Your objectives should clearly describe the goals and be concrete and specific enough to be quantitative or observable. They should also be feasible and relate to the purpose of the loan program.
(d)The narrative should cover in more detail the items briefly described in the Project Summary. It should establish the basis for any claims that you have substantial expertise in promoting the safe and productive use of Revolving Funds. In describing what the project will achieve, you should tell the reader if it also will have broader influence. The narrative should address the following points:
(1)Document your ability to administer and service a revolving fund in accordance with the provisions of 7 CFR part 1783.
(2)Document that, to establish the revolving fund, you can commit financial resources your organization controls. This documentation should describe the sources of funds other than the RFP grant that will be used to pay your operational costs and provide financial assistance for projects.
(3)Demonstrate that you have secured commitments of significant financial support from other funding sources, if appropriate.
(4)List the fees and charges that borrowers will be assessed.
(e)The work plan must describe the tasks and activities that will be accomplished with available resources during the grant period. It must show the work you plan to do to achieve the anticipated outcomes, goals, and objectives set out for the RFP Program. The plan must:
(1)Describe the work to be performed by each person.
(2)Give a schedule or timetable of work to be done.
(3)Show evidence of previous experience with the techniques to be used or their successful use by others.
(4)Outline the loan program to include the following: specific loan purposes, a loan application process; priorities, borrower eligibility criteria, limitations, fees, interest rates, terms, and collateral requirements.
(5)Provide a marketing plan.
(6)Explain the mechanics of how you will transfer loan funds to the borrowers.
(7)Describe follow-up or continuing activities that should occur after project completion such as monitoring and reporting borrowers' accomplishments.
(8)Project Evaluation. It should describe how the results will be evaluated, in line with the project objectives.
(9)Personnel. The applicant should list all personnel responsible for administering this program along with a statement of their qualifications and experience.
(f)The written justification for projected costs should explain how budget figures were determined for each category. It should indicate which costs are to be covered by grant funds and which costs will be met by your organization or other organizations. The justification should account for all expenditures discussed in the narrative. It should reflect appropriate cost-sharing contributions. The budget justification should explain the budget and accounting system proposed or in place. The administrative costs for operating the budget should be expressed as a percentage of the overall budget. The budget justification should provide specific budget figures, rounding off figures to the nearest dollar. Applicants should consult OMB Circular A-122: “Cost Principles for Non-Profit Organizations” for information about appropriate costs for each budget category.
(g)In addition to completing the standard application forms, you must submit supplementary materials:
(h)Demonstrate that your organization is legally recognized under state and Federal law. Satisfactory documentation includes, but is not limited to, certificates from the Secretary of State, or copies of state statutes or laws establishing your organization. Letters from the IRS awarding tax-exempt status are not considered adequate evidence.
(i)Submit a certified list of directors and officers with their respective terms.
(j)Submit evidence of tax exempt status from the Internal Revenue Service.
(k)You must disclose debarment and suspension information required in accordance with 7 CFR, Part 3017, subpart 3017.335, if it applies. The section heading is “What information must I provide before entering into a covered transaction with the Department of Agriculture?” It is part of the Department of Agriculture's rules on Government-wide Debarment and Suspension.
(l)You must identify all of your organization's known workplaces by including the actual address of buildings (or parts of buildings) or other sites where work under the award takes place. Workplace identification is required under the drug-free workplace requirements in accordance with 7 CFR part 3021, subpart 3021.230. The section heading is “How and when must I identify workplaces?” It is part of the Department of Agriculture's rules on Government-wide Requirements for Drug-Free Workplace (Financial Assistance).
(m)Submit the most recent audit of your organization.
(n)Submit the following financial statements: i. A pro forma balance sheet at start-up and for at least three additional years; Balance sheets, income statements, and cash flow statements for the last three years. ii. If your organization has been formed less than three years, the financial statements should be submitted for the periods from inception to the present. Projected income and cash flow statements for at least three years supported by a list of assumptions showing the basis for the projections. The projected income statement and balance sheet must include one set of projections that shows the revolving loan fund only and a separate set of projections that shows your organization's total operations.
(o)You may present additional information to support and describe your plan for achieving the grant objectives. The information may be regarded as essential for understanding and evaluating the project such as letters of support, resolutions, policies, etc. The supplements may be presented in appendices to the proposal. V. Application Review Information A. Receipt Acknowledgment by letter sent within 30 days of receiving your application, RUS will acknowledge the application's receipt. Your application will be reviewed for completeness to determine if you included all of the items required. If your application is incomplete or ineligible, USDA Rural Development will return it to you with an explanation. B. A review team, composed of at least two members, will evaluate all applications and proposals. They will make overall recommendations based on factors such as eligibility, application completeness, and conformity to application requirements. They will score the applications based on criteria in the next section. C. All applications that are complete and eligible will be ranked competitively based on the following scoring criteria: Scoring criteria Points 1. Degree of expertise and successful experience in making and servicing commercial loans, with a successful record Up to 30 points. 2. Percentage of applicant contributions. Points allowed under this paragraph will be based on written evidence of the availability of funds from sources other than the proceeds of a RFP grant to pay part of the cost of a loan recipient's project. In-kind contributions will not be considered. Funds from other sources as a percentage of the RFP grant and points corresponding to such percentages are as follows: Less than 20 percent Ineligible. At least 20 percent but not more than 49 percent of the total project costs 10 points. At least 50 percent of the total project costs 20 points. 3. Extent to which the work plan clearly articulates a well thought out approach to accomplishing objectives; clearly defines who will be served by the project or program; and includes all components listed in 1783.37(b)(14) Up to 40 points. 4. Description of the service area, particularly the range of the area: State 10 points. Regional 15 points. National 20 points. 5. Extent to which the problem or issue being addressed in the Needs Assessment is defined clearly and supported by data Up to 15 points. 6. Extent to which the goals and objectives are clearly defined, tied to the need as defined in the Needs Assessment, and are measurable Up to 15 points. 7. Extent to which the evaluation methods are specific to the program, clearly defined, measurable, with expected program outcomes Up to 20 points. 8. Administrator's discretion, taking into consideration such factors as: Up to 10 points. Creative outreach ideas for marketing RFP loans; Amount of funds requested in relation to the amount of needs demonstrated in the proposal; Excellent utilization of a previous revolving loan fund; and, Optimizing the use of agency resources VI. Award Administration Information A. USDA Rural Development will rank all qualifying applications by their final score. Applications will be selected for funding, based on the highest scores and the availability of funding for RFP grants. Each applicant will be notified in writing of the score its application receives. B. In making its decision about your application, USDA Rural Development may determine that your application is: 1. Eligible and selected for funding, 2. Eligible but offered fewer funds than requested, 3. Eligible but not selected for funding, or 4. Ineligible for the grant. C. In accordance with 7 CFR part 1900, subpart B, you generally have the right to appeal adverse decisions. Some adverse decisions cannot be appealed. For example, if you are denied USDA Rural Development funding due to a lack of funds available for the grant program, this decision cannot be appealed. However, you may make a request to the National Appeals Division
(NAD)to review the accuracy of our finding that the decision cannot be appealed. The appeal must be in writing and filed at the appropriate Regional Office, which can be found at *http://www.nad.usda.gov/offices.htm* or by calling
(703)305-1166. D. Applicants selected for funding will complete a grant agreement, which outlines the terms and conditions of the grant award. E. Grantees will be reimbursed as follows: 1. SF-270, “Request for Advance or Reimbursement,” will be completed by the grantee and submitted to either the State or National Office not more frequently than monthly. 2. Upon receipt of a properly completed SF-270, the funds will be requested through the field office terminal system. Ordinarily, payment will be made within 30 days after receipt of a proper request for reimbursement. 3. Grantees are encouraged to use women- and minority-owned banks (a bank which is owned at least 50 percent by women or minority group members) for the deposit and disbursement of funds. F. Any change in the scope of the project, budget adjustments of more than 10 percent of the total budget, or any other significant change in the project must be reported to and approved by the approval official by written amendment to the grant agreement. Any change not approved may be cause for termination of the grant. G. Project reporting 1. Grantees shall constantly monitor performance to ensure that time schedules are being met, projected work by time periods is being accomplished, and other performance objectives are being achieved. 2. SF-269, “Financial Status Report (short form),” and a project performance activity report will be required of all grantees on a quarterly basis, due 30 days after the end of each quarter. 3. A final project performance report will be required with the last SF-269 due 90 days after the end of the last quarter in which the project is completed. The final report may serve as the last quarterly report. 4. All multi-State grantees are to submit an original of each report to the National Office. Grantees serving only one State are to submit an original of each report to the State Office. The project performance reports should detail, preferably in a narrative format, activities that have transpired for the specific time period. H. The grantee will provide an audit report or financial statements as follows: 1. Grantees expending $500,000 or more Federal funds per fiscal year will submit an audit conducted in accordance with OMB Circular A-133. The audit will be submitted within 9 months after the grantee's fiscal year. Additional audits may be required if the project period covers more than one fiscal year. 2. Grantees expending less than $500,000 will provide annual financial statements covering the grant period, consisting of the organization's statement of income and expense and balance sheet signed by an appropriate official of the organization. Financial statements will be submitted within 90 days after the grantee's fiscal year. VII. Agency Contacts A. Web site: *http://www.usda.gov/rus/water* . The USDA Rural Development Utilities Programs Web site maintains up-to-date resources and contact information for RFP programs. B. Phone: 202-690-3789. C. Fax: 202-690-0649. D. E-mail: *anita.obrien@wdc.usda.gov* . E. Main point of contact: Stephen Saulnier, Loan Specialist, Water and Environmental Programs, Water Programs Division, USDA Rural Development Utilities Programs, U.S. Department of Agriculture. Dated: March 7, 2006. James M. Andrew, Administrator, Rural Utilities Service. [FR Doc. E6-3691 Filed 3-14-06; 8:45 am] BILLING CODE 3410-15-P DEPARTMENT OF COMMERCE International Trade Administration [A-570-827] Notice of Final Results of Antidumping Duty Changed Circumstances Review, and Determination To Revoke Order in Part: Certain Cased Pencils From the People's Republic of China AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On August 30, 2005, the Department of Commerce (the Department) published a notice of initiation of an antidumping duty changed circumstances review of the antidumping duty order on certain cased pencils (pencils) from the People's Republic of China (PRC). *See Notice of Initiation of Antidumping Duty Changed Circumstances Review: Certain Cased Pencils from the People's Republic of China* , 70 FR 51336 (August 30, 2005) (Initiation). The Department published the preliminary results of this review on January 3, 2006. *See Notice of Preliminary Results of Antidumping Duty Changed Circumstances Review and Intent to Revoke Order in Part: Certain Cased Pencils from the People's Republic of China* , 71 FR 92 (January 3, 2006) (Preliminary Results). We are now revoking this order, in part, with respect to pencils meeting the specifications described below, based on the fact that domestic interested parties 1 have expressed no objection to exclusion of these pencils from the order. 1 Sanford Corporation, Musgrave Pencil Company, RoseMoon, Inc., and General Pencil Company, domestic manufacturers of cased pencils (collectively, the domestic interested parties). DATES: *Effective Date:* March 15, 2006. FOR FURTHER INFORMATION CONTACT: Paul Stolz or Charles Riggle, AD/CVD Operations, Office 8, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington, DC 20230; telephone
(202)482-4474 and
(202)482-0650, respectively. SUPPLEMENTARY INFORMATION: Background On April 14, 2005, M.A. Notch Corporation (Notch), a U.S. importer, filed a request asking the Department to revoke the antidumping duty order (AD order) on certain cased pencils from the PRC with respect to a large novelty pencil. *See* Notch's letter to the Department, dated April 5, 2005 (Notch Request Letter). Specifically, Notch requests that the Department revoke the AD order with respect to imports of certain cased pencils meeting the following description: novelty jumbo pencil that is octagonal in shape, approximately ten inches long, one inch in diameter, and three-and-one eighth inches in circumference, composed of turned wood encasing one-and-one half inches of sharpened lead on one end and a rubber eraser on the other end. *See* Notch Request Letter at 1. On May 6, 2005, the domestic interested parties submitted a letter to the Department stating that they “ * * * do not object to exclusion of items meeting the description set forth in the quoted description” (as stated above). On August 22, 2005, the Department initiated a changed circumstances review. *See Notice of Initiation of Antidumping Duty Changed Circumstances Review: Certain Cased Pencils from the People's Republic of China* , 70 FR 51336 (August 30, 2005). On August 25, 2005, we informed all interested parties that comments on the initiation of the changed circumstances review and/or comments with respect to whether the domestic interested parties account for substantially all of the production of the domestic like product, were due 21 days subsequent to publication of the initiation notice in the **Federal Register** . No interested party submitted comments. As noted above, on January 3, 2006, the Department published the *Preliminary Results* in the **Federal Register** and gave interested parties an additional opportunity to comment. We received no comments from interested parties. New Scope Based on This Changed Circumstances Review Imports covered by this order are shipments of certain cased pencils of any shape or dimension (except as noted below) which are writing and/or drawing instruments that feature cores of graphite or other materials, encased in wood and/or man-made materials, whether or not decorated and whether or not tipped ( *e.g.* , with erasers, etc.) in any fashion, and either sharpened or unsharpened. The pencils subject to the order are currently classifiable under subheading 9609.10.00 of the Harmonized Tariff Schedule of the United States (HTSUS). Specifically excluded from the scope of the order are mechanical pencils, cosmetic pencils, pens, non-cased crayons (wax), pastels, charcoals, chalks, and pencils produced under U.S. patent number 6,217,242, from paper infused with scents by the means covered in the above-referenced patent, thereby having odors distinct from those that may emanate from pencils lacking the scent infusion. Also excluded from the scope of the order are pencils with all of the following physical characteristics:
(1)Length: 13.5 or more inches;
(2)sheath diameter: not less than one-and-one quarter inches at any point (before sharpening); and
(3)core length: not more than 15 percent of the length of the pencil. In addition, pencils with all of the following physical characteristics are excluded from the scope of the order: novelty jumbo pencils that are octagonal in shape, approximately ten inches long, one inch in diameter before sharpening, and three-and-one eighth inches in circumference, composed of turned wood encasing one-and-one half inches of sharpened lead on one end and a rubber eraser on the other end. Although the HTSUS subheading is provided for convenience and customs purposes, our written description of the scope of the order is dispositive. Final Results of Review; Partial Revocation of Antidumping Duty Order The affirmative statement by interested parties that they have no objection to exclusion of pencils meeting the specifications described above from the order constitutes changed circumstances sufficient to warrant partial revocation of this order. No party commented on the preliminary results or claimed that the domestic interested parties mentioned above do not account for substantially all of the production of the domestic like product to which the order pertains. Therefore, the Department is revoking, in part, the order on pencils from the PRC with regard to the pencils meeting the specifications described above, in accordance with sections 751(b), 751(d)(1), and 782(h)(2) of the Tariff Act of 1930, as amended (the Act), and 19 CFR 351.222(g)(1). The Department will instruct U.S. Customs and Border Protection
(CBP)to liquidate, without regard to antidumping duties, all unliquidated entries of pencils meeting the specifications described above. The Department will instruct CBP to refund with interest any estimated antidumping duties collected with respect to unliquidated entries of pencils meeting the specifications entered, or withdrawn from warehouse, for consumption prior to the effective date of this notice. In addition, the Department will terminate the suspension of liquidation for the merchandise covered by this partial revocation, effective on the date of publication of this notice. This notice serves as a reminder to parties subject to administrative protective order
(APO)of their responsibility concerning the disposition of proprietary information disclosed under APO in accordance with 19 CFR 351.306. Timely written notification of the return/destruction of APO materials or conversion to judicial protective order is hereby requested. *See* 19 CFR 351.305. Failure to comply with the regulations and terms of an APO is a sanctionable violation. This changed circumstances administrative review, partial revocation of the antidumping duty order and notice are in accordance with sections 751(b), 751(d)(1), 777(i) and 782(h)(2) of the Act and 19 CFR 351.216(e) and 19 CFR 351.222(g) of the Department's regulations. Dated: March 9, 2006. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E6-3746 Filed 3-14-06; 8:45 am] BILLING CODE 3510-DS-P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D. 010606B] Antarctic Marine Living Resources Convention Act of 1984; Conservation and Management Measures AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice. SUMMARY: NMFS issues this notice to notify the public that the United States has accepted conservation and management measures pertaining to fishing in Antarctic waters managed by the Commission for the Conservation of Antarctic Marine Living Resources (Commission or CCAMLR). The Commission adopted these measures at its twenty-forth meeting in Hobart, Tasmania, October 24 to November 4, 2005. The measures have been agreed upon by the Member countries of CCAMLR, including the United States, in accordance with Article IX of the Convention for the Conservation of Antarctic Marine Living Resources (the Convention). The conservation and management measures accepted: restrict overall catches, research catch and bycatch of certain species of fish, krill and crab; limit participation in several exploratory fisheries; restrict fishing in certain areas and to certain gear types; set fishing seasons; clarify seabird mitigation measures; clarify Member data reporting timelines and vessel monitoring reporting; adopt definitions for use in operating the Catch Documentation Scheme (CDS). The Commission adopted a list of vessels suspected to be engaged in illegal, unregulated or unreported fishing (IUU vessel list) in the Convention Area. The Commission also adopted a resolution urging Member participation in a non-Contracting Party Cooperation Enhancement Program. ADDRESSES: Copies of the CCAMLR conservation and management measures may be obtained from the Assistant Administrator for Fisheries, NOAA, National Marine Fisheries Service, 1315 East-West Highway, Silver Spring, MD 20910. FOR FURTHER INFORMATION CONTACT: Robin Tuttle, 301-713-2282. SUPPLEMENTARY INFORMATION: Background The full text of the conservation and management measures agreed to by consensus by CCAMLR at its 2005 meeting and published by the U.S. Department of State in a formal notice in the **Federal Register** on January 26, 2006 (71 FR 4406). Public comments were invited on the notice, but no public comments were received. Through this action, NMFS notifies the public that the United States has accepted the measures adopted at CCAMLR's twenty-fourth meeting. NMFS provides the following summary of these conservation and management measures as a courtesy. Prohibitions on Directed Fishing The Commission renewed the prohibition on directed fishing for *Dissostichus* species except in accordance with specific conservation measures. Accordingly, directed fishing for *Dissostichus* species in Subarea 48.5 was prohibited in the 2005/2006 season. Bycatch The Commission agreed to apply the existing bycatch limits in Division 58.5.2 in the 2005/2006 season. The Commission also agreed to apply the existing bycatch limits for exploratory fisheries in the 2005/2006 season, taking account of the revised catch limit for *Dissostichus* species in Subareas 88.1 and 88.2 and the consequential change to the bycatch limits in those subareas. The Commission agreed to include sleeper shark ( *Somniosus* species) on the list of selected species for which its existing move-on rule apples when 2 tons or more are caught in any one haul. In addition, the Commission agreed to a new move-on rule in exploratory fisheries designed to encourage Members and their vessels to further improve the selectivity of fishing gear and fishing methods. The new move-on rule requires vessels to monitor the bycatch of *Macrourus* species relative to that of *Dissostichus* species at ten-day intervals. Environmental Protection The Commission agreed to extend the environmental protection provisions implemented in the fisheries in Subareas 88.1 and 88.2 to fisheries in Subarea 48.6, south of 60° S, Division 58.4.2 and Division 58.4.1, south of 60° S. The provisions regulate the disposal of plastic packaging bands, the dumping or discharge of oil, garbage, food wastes, poultry, sewage, offal or incineration ash, and the translocation of poultry. Seabird Mitigation Measures The Commission amended the conservation measure requiring longline sink rate testing prior to entering the Convention Area for vessels choosing to fish longlines during daylight hours. As amended, the conservation measure now requires a vessel to test a minimum, rather than a maximum, length of longline. The Commission also amended the measure to allow Commission-endorsed experimental trials to test the bottom-line system. The Commission revised its conservation measure on the minimization of the mortality of seabirds in the course of longline fishing so as to allow fishers to test variations on the design of mitigation measures for longlines. Exploratory Fishing The Commission revised the notification procedure for exploratory fisheries to clarify that information on the license issued to a vessel requesting participation in an exploratory fishery must be included at the time the notification is submitted by the Flag State to the Secretariat. Icefish The Commission adopted area specific conservation measures for *Champsocephalus gunnari* for the 2005/2006 season. The Commission set the overall catch limit for the *C. gunnari* trawl fishery in Subarea 48.3 for the 2005/2006 season at 2,244 tons, limited the catch of this total to 561 tons during the spawning period (March 1, 2005 through May 31, 2006) and continued previously adopted restrictions on the fishery. Any catch taken between October 1, 2005 and November 14, 2005 will be counted against the total catch limit for the 2005/2006 season. The Commission set the catch limit for *C. gunnari* trawl fishery within defined areas of Division 58.5.2 for the 2005/2006 season at 1,210 tons and continued previously adopted restrictions on and reporting requirements for the fishery. Crab The Commission set the total allowable catch level for the pot fishery for crab for the 2005/2006 fishing season at 1,600 tons and continued to limit participation to one vessel per member country conducted as an experimental harvest regime. Squid The Commission set the total allowable catch limit for the exploratory jig fishery for *Martialia hyadesi* for the 2005/2006 fishing season at 2,500 tons. Krill The Commission carried forward the precautionary catch limits for krill in Statistical Area 48 at 4.0 million tons overall and, as divided by subareas, at 1.008 million tons in Subarea 48.1, 1.104 million tons in Subarea 48.2, 1.056 million tons in Subarea 48.3, and 0.832 million tons in Subarea 48.4. Dissostichus Species The Commission removed the requirement to carry out specific research sets in the exploratory fisheries in Subareas 88.1 and 88.2. In its place, the Commission agreed that there be a requirement that all fish of each *Dissostichus* species in a haul (up to a maximum of 35 fish) be measured and randomly sampled for biological studies from all lines hauled in Subareas 88.1 and 88.2. The Commission set a combined catch limit of 3,556 tons for the longline and pot fisheries for *D. eleginoides* in the Shag Rocks and South Georgia areas of Subarea 48.3 in the 2005/2006 season. The Commission closed the West Shag Rocks area and set bycatch limits on other species. The Commission established a mark-recapture program for the 2005/06, 2006/07 and 2007/08 seasons to assess the population of toothfish in Subarea 48.4 and revised the limit on the catch of *Dissostichus eleginoides* to 100 tons per season, revised the fishing season to April 1 through September 30, and required each vessel operating in the fishery to undertake a tagging program in accordance with a CCAMLR Tagging Protocol. The Commission set a combined catch limit of 2,584 tons of *D. eleginoides* in Division 58.5.2 west of 79°20′ E from December 1, 2005, to November 30, 2006, for trawl and pot fishing and from May 1, 2006, to August 31, 2006, for longline fishing. The Commission extended the season to September 30 for vessels which complete longline sink rate testing using CCAMLR testing protocols. The Commission designated several *Dissostichus* fisheries as exploratory fisheries for the 2005/2006 fishing season. These fisheries are total allowable catch fisheries and are open only to the flagged vessels of countries that notified CCAMLR of an interest by named vessels to participate in the fisheries. The exploratory fisheries for *Dissostichus* species authorized by the Commission for the 2005/2006 fishing season include the following:
(1)Longline fishing in Statistical Division 58.4.1 by Australia (one vessel), Chile (two vessels), Republic of Korea (two vessels), New Zealand (three vessels), Spain (two vessels) and Ukraine (one vessel);
(2)longline fishing in Statistical Subarea 48.6 by one vessel per country at any one time by Japan and New Zealand;
(3)longline fishing in Statistical Division 58.4.2 by Australia (one vessel), Chile (two vessels), Republic of Korea (one vessel), New Zealand (two vessels), and Spain (two vessels);
(4)longline fishing in Statistical Division 58.4.3a (the Elan Bank) outside areas under national jurisdiction to no more than one vessel per country at a time by Australia, Chile, Republic of Korea and Spain;
(5)longline fishing in Statistical Division 58.4.3b (the BANZARE Bank) outside areas of national jurisdiction to no more than one vessel per country at a time by Australia, Chile, Republic of Korea, Spain and Uruguay;
(6)longline fishing in Statistical Subarea 88.1 by Argentina (two vessels), Republic of Korea (two vessels), New Zealand (five vessels), Norway (one vessel), Russia (two vessels), South Africa (one vessel), Spain (three vessels), United Kingdom (two vessels), and Uruguay (three vessels); and
(7)longline fishing in Statistical Subarea 88.2 by Argentina (two vessels), Republic of Korea (one vessel), New Zealand (five vessels), Norway (one vessel), Russia (two vessels), Spain (three vessels), United Kingdom (two vessels), and Uruguay (one vessel). Research Catch The Commission agreed that catches for research purposes will be considered a part of any catch limits in force for each species taken unless the catch limit in an area is set at zero. In the event of research being undertaken in an area with a zero catch limit, the catches will be considered to be the catch limit for the season in that area unless the zero catch limit area is part of a group of areas for which an overall catch limit is set. In this latter case, the research catches will be considered as part of the overall catch limit for that group of areas. Member Data Reporting The Commission revised the five-day catch and effort reporting system to clarify that reports from Members are due to the CCAMLR Secretariat within 48 hours of the close of each five-day reporting period and must include data on the number of pots used in pot fisheries. The Commission agreed that haul-by-haul data should be submitted annually by Members for all krill fisheries. The Commission also agreed that monthly catch reports should be compiled at the spatial scale relevant to the management of catch limits specified in the conservation measures setting krill catch limits. The Commission revised the conservation measures on port inspections of vessels carrying *Dissostichus* species to require that Members submit reports of port inspections on each occasion that a vessel unloads *Dissostichus* species in their territories. The Commission revised the conservation measure on automated satellite-linked vessel monitoring systems to reinstate a requirement that Flag States notify the CCAMLR Secretariat as soon as possible of the movement between subareas and divisions of the Convention Area by each of its fishing vessels. The Commission encouraged Flag States to submit all VMS reports to the Secretariat by means of direct reporting by vessels to the CCAMLR Secretariat via VMS land stations. Illegal, Unregulated and Unreported Vessel List The Commission consolidated the lists of vessels suspected of illegal, unregulated or unreported
(IUU)fishing or trading (the IUU vessel list) into a combined List of Contracting Party Vessels and non-Contracting Party Vessels. The vessels on the consolidated list are: VIARSA I (Uruguay), MAYA V (Uruguay), AMORINN (Togo), APACHE I (Honduras), CONDOR (Togo), EOLO (Equatorial Guinea), GOLDEN SUN (Equatorial Guinea), HAMMER (Togo), JIAN YUAN(Georgia), KANG YUAN (Georgia), KETA (flag unknown), SOUTH OCEAN (China), RED LION 22 (Equatorial Guinea), SARGO (Togo), SEA STORM (Equatorial Guinea), SOUTH BOY (Equatorial Guinea), ROSS
(Togo)and TARUMAN (Cambodia). A vessel on the IUU Vessel List will not be permitted to participate in exploratory fisheries. CCAMLR members are urged to prohibit trade with the vessels on the CCAMLR IUU Vessel List. Vessel Monitoring The Commission reinstated a section in the 2002 version of the conservation measure for an Automated Satellite-linked Vessel Monitoring System requiring notification of each movement of a vessel between subareas and division. The Commission encouraged Flag States to submit all VMS reports to the CCAMLR Secretariat by means of direct reporting by vessels to the Secretariat via VMS land stations. Catch Documentation Scheme The Commission adopted clarifying definitions of export, import, landing, port state and transshipment for purposes of administering the CDS. “Export” is defined as any movement of a catch in its harvested or processed form from the territory under the control of the State or free trade zone of landing, or, where that State or free trade zone forms part of a customs union, any other member State of that customs union. “Import” is defined as the physical entering or bringing of a catch into any part of the geographical territory under the control of a State, except where the catch is landed or transshipped within the definitions of “landing” or “transshipment.” “Landing” is defined as the initial transfer of catch in its harvested or processed form from a vessel to dockside or to another vessel in a port or free trade zone where the catch is certified by an authority of the Port State as landed. “Port State” is defined as the State that has control over a particular port area or free trade zone for the purposes of landing, transshipment, importing, exporting and re-exporting and whose authority serves as the authority for landing or transshipment certification. “Re-export” is defined as any movement of a catch in its harvested or processed form from territory under the control of a State, free trade zone, or Member State of a customs union of import unless that State, free trade zone, or any member State of that customs union of import is the first place of import, in which case the movement is an export within the definition of export. “Transshipment” is defined as the transfer of a catch in its harvested or processed form from a vessel to another vessel or means of transport, and where such transfer takes place within the territory under the control of a Port State, for the purpose of effecting its removal from that State. For the avoidance of doubt, temporarily placing a catch on land or on an artificial structure to facilitate such transfer shall not prevent the transfer from being a transshipment where the catch is not within the definition of landing. The Commission added a provision to the text of the CDS conservation measure and to the data fields of the Dissostichus Catch Document
(DCD)and the Re-Export form requiring the reporting of transport details of toothfish shipments. Non-Contracting Party Cooperation Enhancement Program The Commission adopted a resolution on a non-Contracting Party Cooperation Enhancement Program. The resolutions urges Members to provide information, training materials and technical assistance to non-Contracting Flag and Port States with an interest in controlling toothfish harvesting and trade, but which lack the expertise and resources to do so. Authority: 16 U.S.C. 2431 *et seq.* Dated: March 9, 2006. William T. Hogarth, Assistant Administrator for Fisheries, National Marine Fisheries Service. [FR Doc. E6-3750 Filed 3-14-06; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration [I.D. 030906D] Marine Fisheries Advisory Committee; Charter Renewal AGENCY: National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of renewed charter. SUMMARY: Notice is hereby given of the two year renewed charter for the Marine Fisheries Advisory Committee (MAFAC), signed on February 3, 2006. FOR FURTHER INFORMATION CONTACT: Laurel Bryant, MAFAC Executive Director; telephone:
(301)713-2379 x171. SUPPLEMENTARY INFORMATION: As required by section 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App. (1982), notice is hereby given of the renewed charter for MAFAC. MAFAC was established by the Secretary of Commerce (Secretary) on February 17, 1972, to advise the Secretary on all living marine resource matters that are the responsibility of the Department of Commerce. This Committee advises and reviews the adequacy of living marine resource policies and programs to meet the needs of commercial and recreational fisheries, and environmental, state, consumer, academic, tribal, and other national interests. The Committee's charter must be renewed every two years from the date of the last renewal. The charter can be accessed on line at *www.nmfs.noaa.gov/ocs/mafac* . Dated: March 9, 2006. Gordon J. Helm, Acting Director, Office of Constituent Services, National Marine Fisheries Service. [FR Doc. E6-3751 Filed 3-14-06; 8:45 am] BILLING CODE 3510-22-S DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration Notice of Indirect Cost Rates for the Damage Assessment and Restoration Program for Fiscal Year 2004 AGENCY: National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Notice of indirect cost rates for the Damage Assessment and Restoration Program for Fiscal Year 2004. SUMMARY: The National Oceanic and Atmospheric Administration's (NOAA's) Damage and Restoration Program
(DARP)is announcing new indirect cost rates on the recovery of indirect costs for its component organizations involved in natural resource damage assessment and restoration activities for fiscal year
(FY)2004. The indirect cost rates for this fiscal year and dates of implementation are provided in this notice. More information on these rates and the DARP policy can be found at the DARP Web site at *http://www.darp.noaa.gov.* FOR FURTHER INFORMATION CONTACT: Brian Julius at 301-713-3038, ext. 199, by fax at 301-713-4387, or e-mail at *Brian.Julius@noaa.gov.* SUPPLEMENTARY INFORMATION: The mission of the DARP is to restore natural resource injuries caused by releases of hazardous substances or oil under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) (42 U.S.C. 96012 *et seq.* ), the Oil Pollution Act of 1990
(OPA)(33 U.S.C. 2701 *et seq.* ), and support restoration of physical injuries to National Marine Sanctuary resources under the National Marine Sanctuaries Act
(NMSA)(16 U.S.C. 1431 *et seq.* ). The DARP consists of three component organizations: the Damage Assessment Center
(DAC)within the National Ocean Service; the Restoration Center within the National Marine Fisheries Service; and the Office of the General Counsel for Natural Resources (GCNR). The DARP conducts Natural Resource Damage Assessments (NRDAs) as a basis for recovering damages from responsible parties, and uses the funds recovered to restore injured natural resources. During FY 2005, the DARP expanded to include a fourth component organization, the Coastal Protection and Restoration Division
(CPRD)within the National Ocean Service. With this addition, DARP changed its name to the Damage Assessment, Remediation, and Restoration Program (DARRP). Since this notice announces the indirect cost rates for FY 2004, which is prior to DARP's expansion, the acronym “DARP” will be used throughout. Consistent with Federal accounting requirements, the DARP is required to account for and report the full costs of its programs and activities. Further, the DARP is authorized by law to recover reasonable costs of damage assessment and restoration activities under CERCLA, OPA, and the NMSA. Within the constraints of these legal provisions and their regulatory applications, the DARP has the discretion to develop indirect cost rates for its component organizations and formulate policies on the recovery of indirect cost rates subject to its requirements. The DARP's Indirect Cost Effort In December 1998, the DARP hired the public accounting firm Rubino & McGeehin, Chartered (R&M) to: evaluate cost accounting system and allocation practices; recommend the appropriate indirect cost allocation methodology; and determine the indirect cost rates for the three organizations that comprise the DARP. A **Federal Register** notice on R&M's effort, their assessment of the DARP's cost accounting system and practice, and their determination regarding the most appropriate indirect cost methodology and rates for FYs 1993 through 1999 was published on December 7, 2000 (65 FR 76611). The notice and report by R&M can also be found on the DARP Web site at *http://www.darp.noaa.gov.* R&M continued its assessment of DARP's indirect cost rate system and structure for FYs 2000 and 2001. A second Federal notice specifying the DARP indirect rates for FYs 2000 and 2001 was published on December 2, 2002 (67 FR 71537). In October 2002, DARP hired the accounting firm of Cotton and Company LLP (Cotton) to review and certify DARP costs incurred on cases for purposes of cost recovery and to develop indirect rates for FY 2002 and subsequent years. As in the prior years, Cotton concluded that the cost accounting system and allocation practices of the DARP component organizations are consistent with Federal accounting requirements. Consistent with R&M's previous analyses, Cotton also determined that the most appropriate indirect allocation method continues to be the Direct Labor Cost Base for all three DARP component organizations. The Direct Labor Cost Base is computed by allocating total indirect cost over the us of direct labor dollars plus the application of NOAA's leave surcharge and benefits rates to direct labor. Direct labor costs for contractors from the Oak Ridge Institute for Science and Education (ORISE) and I.M. Systems Group
(IMSG)also were included in the direct labor base because Cotton determined that these costs have the same relationship to the indirect cost pool as NOAA direct labor costs. ORISE and IMSG provide on-site support to the DARP in the areas of injury assessment, natural resource economics, restoration planning and implementation, and policy analysis. A third Federal notice specifying the DARP indirect rates for FY 2002 was published on October 6, 2003 (68 FR 57672), and a fourth notice fore the FY 2003 indirect cost rates appeared on May 20, 2005 (70 FR 29280). Cotton's reports on these indirect rates can also be found on the DARP Web site at *http://www.darp.noaa.gov.* Cotton reaffirmed that the Direct Labor Cost Base is the most appropriate indirect allocation method for the development of the FY 2004 indirect cost rates. The DARP's Indirect Cost Rates and Policies The DARP will apply the indirect cost rates fro FY 2004 as recommended by Cotton for each of the DARP component organizations as provided in the following table: DARP component organization FY 2004 indirect rate (percent) Damage Assessment Center
(DAC)213.03 Restoration Center
(RC)181.46 General Counsel for Natural Resources
(GCNR)165.39 These rates are based on the Direct Labor Cost Base allocation methodology. The FY 2004 rates will be applied to all damage assessment and restoration case costs incurred between October 1, 2003 and September 30, 2004. DARP will use the FY 2004 indirect cost rates for future fiscal years until subsequent year-specific rates can be developed. For cases that have settled and for cost claims paid prior to the effective date of the fiscal year in question, the DARP will not re-open any resolved matters for the purpose of applying the revised rates in this policy for these fiscal years. For cases not settled and cost claims not paid prior to the effective date of the fiscal year in question, costs will be recalculated using the revised rates in this policy for these fiscal years. Where a responsible party has agreed to pay costs using previous year's indirect rates, but has not yet made the payment because the settlement documents are not finalized, the costs will not be recalculated. The DARP indirect cost rate polices and procedures published in the **Federal Register** on December 7, 2000 (65 FR 76611), on December 2, 2002 (67 FR 71537), October 6, 2003 (68 FR 57672), and May 20, 2005 (70 FR 29280) remain in effect except as updated by this notice. Dated: March 9, 2006. David M. Kennedy, Director, Office of Response and Restoration, National Ocean Service, National Oceanic and Atmospheric Administration. [FR Doc. 06-2477 Filed 3-14-06; 8:45 am]
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U.S. Code
19 references not yet in our index
- Pub. L. 108-447
- 7 CFR 4284
- 7 CFR 1942
- Pub. L. 107-171
- 7 CFR 1776
- 7 CFR 1776.11
- 7 CFR 1776.9
- 7 CFR 3550.54(b)
- 7 CFR 15
- 7 CFR 3015
- 7 CFR 3017
- 7 CFR 3018
- 7 CFR 3021
- 7 CFR 1776.13
- 41 USC 403(11)
- 7 CFR 16
- 7 CFR 1783
- 7 CFR 1900
- 42 USC 96012
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