Notices. Notice of solicitation of applications
18,874 words·~86 min read·
/register/2006/03/20/06-2647·A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
BILLING CODE 3410-11-M DEPARTMENT OF AGRICULTURE Rural Business-Cooperative Service Announcement of Rural Cooperative Development Grant Application Deadlines and Funding Levels AGENCY: Rural Business-Cooperative Service, USDA. ACTION: Notice of solicitation of applications. SUMMARY: The Rural Business-Cooperative Service
(RBS)announces the availability of approximately $4.45 million in competitive grant funds for the fiscal year
(FY)2006 Rural Cooperative Development Grant
(RCDG)Program. The intended effect of this notice is to solicit applications for FY 2006 and award grants on or before September 15, 2006. The maximum award per grant is $225,000 and matching funds are required. DATES: You may submit completed applications for grants on paper or electronically according to the following deadlines: Paper copies must be postmarked and mailed, shipped, or sent overnight no later than May 20, 2006, to be eligible for FY 2006 grant funding. Late applications are not eligible for FY 2006 grant funding. Electronic copies must be received by May 20, 2006, to be eligible for FY 2006 grant funding. Late applications are not eligible for FY 2006 grant funding. ADDRESSES: You may obtain application materials for a RCDG at *http://www.rurdev.usda.gov/rbs/coops/rcdg/rcdg.htm* or by contacting your USDA Rural Development State Office. You can reach your State Office by calling
(202)720-4323 and pressing “1”. Submit completed paper applications for a grant to Cooperative Programs, Attn: RCDG Program, 1400 Independence Avenue SW., Mail Stop 3250, Room 4016-South, Washington, DC 20250-3250. The phone number that should be used for FedEx packages is
(202)720-7558. Submit electronic grant applications at *http://www.grants.gov* , following the instructions found on this Website. FOR FURTHER INFORMATION CONTACT: Visit the program Web site at *http://www.rurdev.usda.gov/rbs/coops/rcdg/rcdg.htm* , which contains application guidance, including frequently asked questions and an application guide or contact your USDA Rural Development State Office. You can reach your State Office by calling
(202)720-4323 and pressing “1”, or by selecting the Contacts link at the above Website. Applicants are encouraged to contact their State Offices well in advance of the deadline to discuss their projects and ask any questions about the application process. SUPPLEMENTARY INFORMATION: Overview *Federal Agency:* Rural Business-Cooperative Service (RBS). *Funding Opportunity Title:* Rural Cooperative Development Grant. *Announcement Type:* Initial announcement. *Catalog of Federal Domestic Assistance Number:* 10.771. *Dates:* Application Deadline: You may submit completed applications for grants on paper or electronically according to the following deadlines: Paper copies must be postmarked and mailed, shipped, or sent overnight no later than May 20, 2006, to be eligible for FY 2006 grant funding. Late applications are not eligible for FY 2006 grant funding. Electronic copies must be received by May 20, 2006, to be eligible for FY 2006 grant funding. Late applications are not eligible for FY 2006 grant funding. I. Funding Opportunity Description RCDGs are authorized by section 310B(e) of the Consolidated Farm and Rural Development Act (7 U.S.C. 1932(e)). Regulations are contained in 7 CFR part 4284, subparts A and F. The primary objective of the RCDG program is to improve the economic condition of rural areas through cooperative development. Grant funds are provided for the establishment and operation of Centers that have the expertise or who can contract out for the expertise to assist individuals in the startup, expansion or operational improvement of cooperative businesses. The program is administered through USDA Rural Development State Offices acting on behalf of RBS. Definitions The definitions published at 7 CFR 4284.3 and 4284.504 are incorporated by reference. II. Award Information *Type of Award:* Grant. *Fiscal Year Funds:* FY 2006. *Approximate Total Funding:* $4.45 million. *Approximate Number of Awards:* 22. *Approximate Average Award:* $202,500. *Floor of Award Range:* None. *Ceiling of Award Range:* $225,000. *Anticipated Award Date:* September 15, 2006. *Budget Period Length:* 12 months. *Project Period Length:* 12 months. III. Eligibility Information A. Eligible Applicants Grants may be made to nonprofit corporations and institutions of higher education. Grants may not be made to public bodies. B. Cost Sharing or Matching Matching funds are required. Applicants must verify in their applications that all matching funds are available for the time period of the grant. The matching fund requirement is 25 percent of the total project cost (5 percent in the case of 1994 Institutions). Unless provided by other authorizing legislation, other Federal grant funds cannot be used as matching funds. However, matching funds may include loan proceeds from Federal sources. Matching funds must be spent in advance or as a pro-rata portion of grant funds being expended. Therefore, if you are providing 25 percent of the total project cost as match, you must show that 25 percent or more of the amount of grant funds being requested has been expended in matching funds. All of the matching funds must be provided by either the applicant or a third party in the form of cash or in-kind contributions. All of the matching funds must be spent on eligible expenses and must be from eligible sources. Any in-kind contributions must be performed for the benefit of the Center. The Center must be able to document and verify the number of hours worked and the value associated with the contribution. In-kind contributions provided by individuals, businesses, or cooperatives who are being assisted by the Center cannot be provided for the benefit of their own projects as USDA Rural Development considers this to be a conflict of interest or the appearance of a conflict of interest. Applications will be considered ineligible if any proposed matching funds are for ineligible purposes. C. Other Eligibility Requirements *Grant Period Eligibility:* Applications should have a timeframe of no more than 365 days with the time period beginning no earlier than October 1, 2006 and no later than January 1, 2007. Projects must be completed within the 1-year timeframe. The Agency will not approve requests to extend the grant period. *Completeness Eligibility:* Applications will not be considered for funding if they do not provide sufficient information to determine eligibility, if they are non-responsive to the submission requirements detailed in Section IV of this notice or if they are missing any required elements (in whole or in part), except for the exceptions noted in the Section V.B. *Activity Eligibility:* Applications must propose the development or continuation of the cooperative development center concept or they will not be considered for funding. Additionally, applications that focus assistance to only one cooperative will not be considered for funding. Applicants that propose budgets that include more than 10 percent of total project costs that are ineligible for the program will be ineligible, and the application will not be considered for funding. If an application has ineligible costs of 10 percent or less of total project costs, it will be treated as described in Section V.B. IV. Application and Submission Information A. Address To Request Application Package If you plan to apply using a paper application, you can obtain the application forms and an application template for this funding opportunity at *http://www.rurdev.usda.gov/rbs/coops/rcdg/rcdg.htm.* If you do not have access to the internet, or if you have difficulty accessing the forms online, you may contact your USDA Rural Development State Office. You can reach your State Office by calling
(202)720-4323 and pressing “1”. Application forms can be mailed to you. If you plan to apply electronically, you must visit *http://www.grants.gov* and follow the instructions. Applicants are advised to visit the site well in advance of the application deadline if they plan to apply electronically to ensure they have obtained the proper authentication and have sufficient computer resources to complete the application. B. Content and Form of Submission You may submit your application in paper or in an electronic format. To view an application guide, visit *http://www.rurdev.usda.gov/rbs/coops/rcdg/rcdg.htm.* It is recommended that applicants use the template provided on the website. The template can be filled out electronically and printed out for submission with the required forms for paper submission or it can be filled out electronically and submitted as an attachment through *http://www.grants.gov.* If you submit your application in paper form, you must submit one signed original of your complete application. The application must be in the following format: • Font size: 12 point unreduced. • Paper size: 8.5 by 11 inches. • Page margin size: 1 inch on the top, bottom, left, and right. • Printed on only one side of each page. • Held together only by rubber bands or metal or plastic clips; not bound in any other way. • Language: English, avoid jargon. The submission must include all pages of the application. It is recommended that the application be in black and white, not color. Those evaluating the application will only receive black and white images. If you submit your application electronically, you must follow the instructions given at *http://www.grants.gov.* Applicants are advised to visit the site well in advance of the application deadline if they plan to apply electronically to ensure they have obtained the proper authentication and have sufficient computer resources to complete the application. An application must contain all of the following elements. Any application that is missing any element or contains an incomplete element will not be considered for funding except as set forth in Section V.B. 1. *Form SF-424, “Application for Federal Assistance.”* In order for this form to be considered complete, it must contain the legal name of the applicant, the applicant's Data Universal Numbering System
(DUNS)number, the applicant's complete mailing address, the name and telephone number of a contact person, the employer identification number, the start and end dates of the project, the Federal funds requested, other funds that will be used as matching funds, an answer to the question, “Is applicant delinquent on any Federal debt?,” the name and signature of an authorized representative, the telephone number of the authorized representative, and the date the form was signed. You are required to have a DUNS number to apply for a grant from USDA Rural Development. The DUNS number is a nine-digit identification number, which uniquely identifies business entities. There is no charge. To obtain a DUNS number, access *http://www.dnb.com/us/* or call 866-705-5711. For more information, see the RCDG Web site at *http://www.rurdev.usda.gov/rbs/coops/rcdg/rcdg.htm* or contact your USDA Rural Development State Office. You can reach your State Office by calling
(202)720-4323 and pressing “1”. 2. *Form SF-424A, “Budget Information—Non-Construction Programs.”* In order for this form to be considered complete, the applicant must fill out sections A, B, C, and D. The applicant must include both Federal and matching funds as requested on the form. 3. *Form SF-424B, “Assurances—Non-Construction Programs.* ” In order for this form to be considered complete, the form must be signed by an authorized official and include the title, name of applicant, and date submitted. 4. *Survey on Ensuring Equal Opportunity for Applicants.* The Agency is required to make this survey available to all nonprofit applicants. Submitting this form is voluntary. 5. *Title Page.* The Title Page should include the title of the project as well as any other relevant identifying information. The length should not exceed one page. 6. *Table of Contents.* For ease of locating information, each proposal must contain a detailed Table of Contents
(TOC)immediately following the Title Page. The TOC should include page numbers for each component of the proposal. Pagination should begin immediately following the TOC. In order for this element to be considered complete, the TOC should include page numbers for the Executive Summary, the Eligibility discussion, the Proposal Narrative and its subcomponents (Project Title, Information Sheet, Goals of the Project, Performance Evaluation Criteria, Undertakings, and Proposal Evaluation Criteria), Certification of Judgment, Verification of Matching Funds, and Certification of Matching Funds. 7. *Executive Summary.* A summary of the proposal, not to exceed two pages, must briefly describe the Center, including project goals and tasks to be accomplished, the amount requested, how the work will be performed ( *e.g.,* Center staff, consultants, or contractors) and the percentage of work that will be performed among the parties. In the event that more than two pages are submitted, only the first two pages will be considered. 8. *Eligibility.* The applicant must describe how it meets the applicant, matching, grant period and activity eligibility requirements in not to exceed two pages. In the event that more than two pages are submitted, only the first two pages will be considered. 9. *Proposal Narrative.* The proposal narrative is limited to a total of 35 pages. In the event that more than 35 pages are submitted, only the first 35 pages will be considered. The narrative portion of the proposal must include, but is not limited to, the following: i. Project Title. The title of the proposed project must be brief, not to exceed 75 characters, yet describe the essentials of the project. It should match the Project Title submitted on the SF-424. The Project Title does not need to appear on a separate page. It can be included on the Title Page and/or on the Information Sheet. ii. Information Sheet. A separate one-page information sheet which lists each of the evaluation criteria referenced in this funding announcement followed by the page numbers of all relevant material and documentation contained in the proposal that address or support the criteria. If the evaluation criteria are referenced on the Table of Contents, then submitting the information sheet is not necessary. iii. Goals of the Project. The authorizing statute set forth the goals listed below for the Centers. A Center may have additional goals for its specific projects beyond the established goals (as stated in the Executive Summary); however, the applicants must, at a minimum, include the following in this section of the narrative: 1. A statement that substantiates that the Center will effectively serve rural areas in the United States; 2. A statement that the primary objective of the Center will be to improve the economic condition of rural areas through cooperative development; 3. A description of the contributions that the proposed activities are likely to make to the improvement of the economic conditions of the rural areas for which the Center will provide services; and 4. A statement that the Center, in carrying out its activities, will seek, where appropriate, the advice, participation, expertise, and assistance of representatives of business, industry, educational institutions, the Federal government, and State and local governments. iv. Performance Evaluation Criteria. The Agency has established annual performance measures to evaluate the RCDG program. Therefore, in order to meet the requirements of this element, you must provide estimates on the following performance measures. When calculating jobs created, estimates should be based upon actual jobs to be created by the Center as a result of the RCDG funding or actual jobs to be created by businesses or cooperatives as a result of assistance from the Center. When calculating jobs saved, estimates should be based only on actual jobs that would have been lost if the Center did not receive RCDG funding or actual jobs that would have been lost without assistance from the Center. If the application is selected for funding, you will be required to report actual numbers for these performance elements on a semi-annual basis and in your final performance report. Additional information on post-award requirements can be found in Section VI. • Number of groups who are not legal entities assisted. • Number of businesses that are not cooperatives assisted. • Number of cooperatives assisted. • Number of businesses incorporated that are not cooperatives. • Number of cooperatives incorporated. • Total number of jobs created as a result of assistance. • Total number of jobs saved as a result of assistance. • Number of jobs created for the Center as a result of RCDG funding. • Number of jobs saved for the Center as a result of RCDG funding. v. Undertakings. The applicant must expressly undertake to do the following in this section of the narrative: 1. Take all practicable steps to develop continuing sources of financial support for the Center, particularly from sources in the private sectors; 2. Make arrangements for the Center's activities to be monitored and evaluated; and 3. Provide an accounting for the money received by the grantee in accordance with 7 CFR part 4284, subpart F. vi. Proposal Evaluation Criteria. Each of the evaluation criteria referenced in this funding announcement must be specifically and individually addressed in narrative form. See Section V.A. for a description of the Proposal Evaluation Criteria. 10. *Certification of Judgment Owed to the United States.* Applicants must certify that the United States has not obtained a judgment against them. No grant funds shall be used to pay a judgment obtained by the United States. It is suggested that applicants use the following language for the certification. “[INSERT NAME OF APPLICANT] certifies that the United States has not obtained a judgment against it.” A separate signature is not required. 11. *Verification of Matching Funds.* Applicants must provide a budget to support the work plan showing all sources and uses of funds during the project period. Applicants will be required to verify all matching funds, both cash and in-kind. Verification of matching funds letters should be included in Appendix A and will not count towards the 35-page limitation. All proposed matching funds must be specifically documented in the application. If matching funds are to be provided by the applicant in cash, there must be a statement that cash will be available, the amount of the cash, and the source of the cash. If the matching funds are to be provided by a third party in cash, the application must include a signed letter from that third party verifying how much cash will be donated and when it will be donated. Verification for funds donated outside the proposed time period of the grant will not be accepted. If the matching funds are to be provided by a third party in-kind donation, the application must include a signed letter from the third party verifying the goods or services to be donated, when the goods and services will be donated, and the value of the goods or services. Verification for in-kind contributions donated outside the proposed time period of the grant will not be accepted. Verification for in-kind contributions that are over-valued will not be accepted. The valuation process for in-kind funds does not need to be included in the application. However, the applicant must be able to demonstrate how the valuation was derived at the time of notification of tentative selection for the grant award. If the applicant cannot satisfactorily demonstrate how the valuation was determined, the grant award may be withdrawn or the amount of the grant may be reduced. If matching funds are in cash, they must be spent on goods and services that are eligible expenditures for this grant program. If matching funds are in-kind contributions, the donated goods or services must be considered eligible expenditures for this grant program as well as be used for eligible purposes. The matching funds must be spent or donated during the grant period and the funds must be expended in advance or as a pro-rata portion of grant funds being expended. Therefore, if you are providing 25 percent of the total project cost as match, you must show that 25 percent or more of the amount of grant funds being requested has been expended in matching funds. Examples of unacceptable matching funds are in-kind contributions from individuals, businesses, or cooperatives being assisted by the Center to benefit their own project, donations of fixed equipment and buildings, and the preparation of your RCDG application package. If acceptable verification for all proposed matching funds is missing from the application, the application will be determined to be incomplete and will not be considered for funding. 12. *Certification of Matching Funds.* Applicants must certify that matching funds will be available at the same time grant funds are anticipated to be spent and that matching funds will be spent in advance of grant funding, such that for every dollar of the total project cost, not less than the required amount of matching funds will have been expended prior to submitting the request for reimbursement. Please note that this certification is a separate requirement from the Verification of Matching Funds requirement. Applicants should include a statement for this section that reads as follows: “[INSERT NAME OF APPLICANT] certifies that matching funds will be available at the same time grant funds are anticipated to be spent and that matching funds will be spent in advance of grant funding, such that for every dollar of the total project cost, at least 25 cents (5 cents for 1994 Institutions) of matching funds will have been expended prior to submitting the request for reimbursement.” A separate signature is not required. C. Submission Dates and Times *Application Deadline Date:* May 20, 2006. *Explanation of Deadlines:* Paper applications must be postmarked by the deadline date (see Section IV.F for the address). Electronic applications must be received by *http://www.grants.gov* by the deadline date. If your application does not meet the deadline above, it will not be considered for funding. You will be notified that your application did not meet the submission requirements. You will also be notified by mail or by e-mail if your application is received on time. D. Intergovernmental Review of Applications Executive Order 12372, Intergovernmental review of Federal programs, applies to this program. This EO requires that Federal agencies provide opportunities for consultation on proposed assistance with state and local governments. Many states have established a Single Point of Contact
(SPOC)to facilitate this consultation. For a list of states that maintain an SPOC, please see the White House Web site: *http://www.whitehouse.gov/omb/grants/spoc.html.* If your state has an SPOC, you may submit a copy of your application directly for review. Any comments obtained through the SPOC must be provided to USDA Rural Development for consideration as part of your application. If your state has not established an SPOC, or you do not want to submit a copy of your application, USDA Rural Development will submit your application to the SPOC or other appropriate agency or agencies. You are also encouraged to contact your USDA Rural Development State Office for assistance and questions on this process. You can find the USDA Rural Development State Office in the telephone directory under Federal government listings, by calling
(202)720-4323 and selecting option “1” or through the USDA Rural Development Web site: *http://www.rurdev.usda/.* E. Funding Restrictions Funding restrictions apply to both grant funds and matching funds. Grant funds may be used to pay up to 75 percent (95 percent where the grantee is a 1994 Institution) of the total project cost. Unless provided by other authorizing legislation, other Federal grant funds cannot be used as matching funds. However, matching funds contributed by the applicant may include proceeds from a Federal loan. 1. Grant funds and matching funds may be used for, but are not limited to, providing the following to individuals, cooperatives, small businesses and other similar entities in rural areas served by the Center: i. Applied research, feasibility, environmental and other studies that may be useful for the purpose of cooperative development. ii. Collection, interpretation and dissemination of principles, facts, technical knowledge, or other information for the purpose of cooperative development. iii. Training and instruction for the purpose of cooperative development. iv. Loans and grants for the purpose of cooperative development in accordance with this notice and applicable regulations. v. Technical assistance, research services and advisory services for the purpose of cooperative development. 2. No funds made available under this solicitation shall be used for any of the following activities: i. To duplicate current services or replace or substitute support previously provided. If the current service is inadequate, however, grant funds may be used to expand the level of effort or services beyond that which is currently being provided; ii. To pay costs of preparing the application package for funding under this program; iii. To pay costs of the project incurred prior to the date of grant approval; iv. To fund political activities; v. To pay for assistance to any private business enterprise that does not have at least 51 percent ownership by those who are either citizens of the United States or reside in the United States after being legally admitted for permanent residence; vi. To pay any judgment or debt owed to the United States; vii. To plan, repair, rehabilitate, acquire, or construct a building or facility, including a processing facility; viii. To purchase, rent, or install fixed equipment, including laboratory equipment or processing machinery; ix. To pay for the repair of privately owned vehicles; x. To fund research and development; xi. To pay costs of the project where a conflict of interest exists; or xii. To fund any activities prohibited by 7 CFR part 3015 or 3019. F. Other Submission Requirements You may submit your paper application for a grant to Cooperative Programs, Attn: RCDG Program, 1400 Independence Avenue, SW., Mail Stop 3250, Room 4016-South, Washington, DC 20250-3250. The phone number that should be used for FedEx packages is
(202)720-7558. You may also choose to submit your application electronically using the following internet address: *http://www.grants.gov.* Applications may not be submitted by electronic mail, facsimile, or by hand-delivery. Each application submission must contain all required documents in one envelope, if by mail or express delivery service. V. Application Review Information A. *Proposal Evaluation Criteria:* All eligible and complete applications will be evaluated based on the following criteria. Failure to address any one of the following criteria will render the application incomplete, and the application will not be considered for funding, except as set forth in Section V.B. The total points available are 70. 1. *Administrative capabilities.* (1-7 points) The application will be evaluated to determine whether the subject Center has a track record of administering a Nationally-coordinated, regional or State-wide operated project. Centers that have capable financial systems and audit controls, personnel and program administration performance measures and clear rules of governance will receive more points than those not evidencing this capacity. 2. *Technical assistance and other services.* (1-7 points) The Agency will evaluate the applicant's demonstrated expertise in providing technical assistance in rural areas. This includes conducting feasibility studies, developing marketing plans, developing business plans, conducting applied research related to cooperative development, and performing those other activities necessary for a group of individuals to form a cooperative. 3. *Economic development.* (1-7 points) The Agency will evaluate the applicant's demonstrated ability to assist in the retention of businesses, facilitate the establishment of cooperatives and new cooperative approaches and generate employment opportunities that will improve the economic conditions of rural areas. 4. *Linkages.* (1-7 points) The Agency will evaluate the applicant's demonstrated ability to create horizontal linkages among businesses within and among various sectors in rural areas of the United States and vertical linkages to domestic and international markets. These linkages must be among cooperatives and businesses, not development organizations. 5. *Commitment.* (1-7 points) The Agency will evaluate the applicant's commitment to providing technical assistance and other services to underserved and economically distressed areas in rural areas of the United States. 6. *Matching Funds.* (1-5 points) All applicants must demonstrate matching funds equal to at least 25 percent (5 percent for 1994 Institutions) of total project costs. Applications exceeding these minimum commitment levels will receive more points. If the applicant provides eligible matching funds of 25 percent, 1 point will be awarded; 26 to 35 percent, 2 points will be awarded; 36 to 45 percent, 3 points will be awarded; 46 to 55 percent, 4 points will be awarded; or 56 or greater percent, 5 points will be awarded. If the applicant is a 1994 Institution and provides eligible matching funds of 5 percent, 1 point will be awarded; 6 to 9 percent, 2 points will be awarded; 10 to 14 percent, 3 points will be awarded; 15 to 19 percent, 4 points will be awarded; or 20 or greater percent, 5 points will be awarded. 7. *Delivery.* (1-5 points) The Agency will evaluate whether the Center has a track record of providing technical assistance in rural areas and accomplishing effective outcomes in cooperative development. The Center's potential for delivering effective cooperative development assistance, the expected effects of that assistance, the sustainability of cooperative organizations receiving the assistance, and the transferability of the Center's cooperative development strategy and focus to other States will also be assessed. 8. *Work Plan/Budget.* (1-5 points) The work plan will be reviewed for detailed actions and an accompanying timetable for implementing the proposal. Clear, logical, realistic and efficient plans will result in a higher score. Budgets will be reviewed for completeness and the quality of non-Federal funding commitments. Applicants must discuss the specific tasks (whether it be by type of service or specific project) to be completed using grant and matching funds. The work plan should show how customers will be identified, key personnel to be involved, and the evaluation methods to be used to determine the success of specific tasks and overall objectives of Center operations. The budget must present a breakdown of the estimated costs associated with cooperative development activities as well as the operation of the Center and allocate these costs to each of the tasks to be undertaken. Matching funds as well as grant funds must be accounted for in the budget. 9. *Qualifications of those Performing the Tasks.* (1-5 points) The application will be evaluated to determine if the personnel expected to perform key center tasks have a track record of positive solutions for complex cooperative development or marketing problems, or a successful record of conducting accurate feasibility studies, business plans, marketing analysis, or other activities relevant to Cooperative development center success. The applicant must also identify whether the personnel expected to perform tasks are full/part-time Center employees or contract personnel. 10. *Local support.* (1-5 points) Applications will be reviewed for previous and expected local support for the Center, plans for coordinating with other developmental organizations in the proposed service area, and coordination with State and local institutions. Support documentation should include recognition of rural values that balance employment opportunities with environmental stewardship and other positive rural amenities. Centers that demonstrate strong support from potential beneficiaries and formal evidence of the Center's intent to coordinate with other developmental organizations will receive more points than those not evidencing such support and formal intent. The applicant may submit a maximum of 10 letters of support or intent to coordinate with the application. These letters should be included in Appendix B of the application and will not count against the 35-page limitation. Additional letters from industry groups, commodity groups, local and State government, and similar organizations should be referenced, but not included in the application package. When referencing these letters, provide the name of the organization, date of the letter, the nature of the support (cash, technical assistance, moral), and the name and title of the person signing the letter. 11. *Future support.* (1-5 points) Applicants should describe their vision for Center operations in future years, including issues such as sources and uses of alternative funding; reliance on Federal, State, and local grants; and the use of in-house personnel for providing services versus contracting out for that expertise. To the extent possible, applicants should document future funding sources that will help achieve long-term sustainability of the Center. Applications that demonstrate their vision for funding center operations for future years, including diversification of funding sources and building in-house technical assistance capacity, will receive more points for this criterion. 12. *Non-Agricultural Rural Cooperative Development.* (0 or 5 points) Applicants that propose to use more than 50 percent of grant and matching funds to work with rural residents and businesses who are not engaged in production agriculture to develop cooperative businesses will receive 5 points. All other applicants will receive zero points. The types of cooperative development that meet this criterion include, but are not limited to: Broadband cooperatives, housing cooperatives, healthcare cooperatives, shared-services cooperatives, daycare cooperatives, and any other type of cooperative that is not producing or marketing agricultural products. B. Review and Selection Process The Agency will conduct an initial screening of all proposals to determine whether the applicant is eligible and whether all required elements are complete. A list of required elements follows: • SF-424 • SF-424A • SF-424B • Title Page • Table of Contents • Executive Summary • Eligibility Discussion • Project Title • Information Sheet • Goals of the Project • Performance Evaluation Criteria • Undertakings • Administrative Capabilities Evaluation Criterion • Technical Assistance and Other Services Evaluation Criterion • Economic Development Evaluation Criterion • Linkages Evaluation Criterion • Commitment Evaluation Criterion • Matching Funds Evaluation Criterion • Delivery Evaluation Criterion • Work Plan/Budget Evaluation Criterion • Qualifications of Those Performing the Tasks Evaluation Criterion • Local Support Evaluation Criterion • Future Support Evaluation Criterion • Non-Agricultural Rural Cooperative Development Criterion • Certification of Judgment • Verification of Matching Funds • Certification of Matching Funds. Incomplete applications that have four or less incomplete required elements and appear to be otherwise eligible will receive a letter requesting the incomplete items be provided within 12 business days of the date the letter was sent. If the requested items are not received when requested or are not complete, the application will not be further evaluated or considered for funding. Applicants that propose budgets that include more than 10 percent of total project costs that are ineligible for the program will be ineligible and the application will not be considered for funding. If an application has ineligible costs of 10 percent or less of total project costs, and otherwise appears eligible, the applicant will receive a letter requesting that all ineligible costs be removed from the budget and work plan and either replaced with eligible activities or eliminated within 12 business days of the date the letter was sent. Any other incomplete or ineligible applications will not be further evaluated or considered for funding. Reviewers appointed by the Agency will evaluate applications. C. Anticipated Announcement and Award Dates Award Date: The announcement of award selections is expected to occur on or about September 15, 2006. VI. Award Administration Information A. Award Notices Successful applicants will receive a notification of tentative selection for funding from USDA Rural Development. Applicants must comply with all applicable statutes and regulations before the grant award will be approved. Unsuccessful applicants will receive notification by mail. B. Administrative and National Policy Requirements 7 CFR parts 3015, 3019, and 4284. To view these regulations, please see the following internet address: *http://www.access.gpo.gov/nara/cfr/cfr-table-search.html.* The following additional requirements apply to grantees selected for this program: • Grant Agreement. • Letter of Conditions. • Form RD 1940-1, “Request for Obligation of Funds.” • Form RD 1942-46, “Letter of Intent to Meet Conditions.” • Form AD-1047, “Certification Regarding Debarment, Suspension, and Other Responsibility Matters—Primary Covered Transactions.” • Form AD-1048, “Certification Regarding Debarment, Suspension, Ineligibility and Voluntary Exclusion—Lower Tier Covered Transactions.” • Form AD-1049, “Certification Regarding Drug-Free Workplace Requirements (Grants).” • Form RD 400-1, “Equal Opportunity Agreement.” • Form RD 400-4, “Assurance Agreement.” • RD Instruction 1940-Q, Exhibit A-1, “Certification for Contracts, Grants and Loans.” Additional information on these requirements can be found at *http://www.rurdev.usda.gov/rbs/coops/rcdg/rcdg.htm.* Reporting Requirements: You must provide USDA Rural Development with an original or electronic copy that includes all required signatures of the following reports. The reports should be submitted to the Agency contact listed on your Grant Agreement and Letter of Conditions. Failure to submit satisfactory reports on time may result in suspension or termination of your grant. 1. *Form SF-269 or SF-269A.* A “Financial Status Report” listing expenditures according to agreed upon budget categories, on a semi-annual basis. Reporting periods end each March 31 and September 30. Reports are due 30 days after the reporting period ends. 2. *Semi-annual performance reports that compare accomplishments to the objectives stated in the proposal.* Identify all tasks completed to date and provide documentation supporting the reported results. If the original schedule provided in the work plan is not being met, the report should discuss the problems or delays that may affect completion of the project. Objectives for the next reporting period should be listed. Compliance with any special conditions on the use of award funds should be discussed. The report should also include a summary at the end of the report with the following elements to assist in documenting the annual performance goals of the RCDG program for Congress. • Number of groups who are not legal entities assisted. • Number of businesses that are not cooperatives assisted. • Number of cooperatives assisted. • Number of businesses incorporated that are not cooperatives. • Number of cooperatives incorporated. • Total number of jobs created as a result of assistance. • Total number of jobs saved as a result of assistance. • Number of jobs created for the Center as a result of RCDG funding. • Number of jobs saved for the Center as a result of RCDG funding. Reports are due as provided in paragraph 1 of this section. Supporting documentation must also be submitted for completed tasks. The supporting documentation for completed tasks includes, but is not limited to: Feasibility studies, marketing plans, business plans, publication quality success stories, applied research reports, copies of surveys conducted, articles of incorporation and bylaws and an accounting of how outreach, training, and other funds were expended. 3. *Final project performance reports.* These reports shall include all of the requirements of the semi-annual performance reports and responses to the following: a. What have been the most challenging or unexpected aspects of this program? b. What advice would you give to other organizations planning a similar program? These should include strengths and limitations of the program. If you had the opportunity, what would you have done differently? c. If an innovative approach was used successfully, the Grantee should describe their program in detail so that other organizations might consider replication in their areas. The final performance report is due within 90 days of the completion of the project. VII. Agency Contacts For general questions about this announcement and for program technical assistance, please contact your USDA Rural Development State Office at *http://www.rurdev.usda.gov/rbs/coops/rcdg/Contacts.htm.* You can also reach your State Office by calling
(202)720-4323 and pressing “1”. If you are unable to contact your State Office, please contact a nearby State Office or you may contact the USDA Rural Development National Office at 1400 Independence Avenue, SW., Mail Stop 3250, Rm. 4016-South, Washington, DC 20250-3250, telephone:
(202)720-7558, e-mail: *cpgrants@wdc.usda.gov.* Dated: March 8, 2006. Jackie J. Gleason, Acting Administrator, Rural Business-Cooperative Service. [FR Doc. E6-4006 Filed 3-17-06; 8:45 am] BILLING CODE 3410-XY-P DEPARTMENT OF AGRICULTURE Rural Housing Service Notice of Funding Availability (NOFA): Section 515 Multi-Family Housing Preservation Revolving Loan Fund
(PRLF)Demonstration Program for Fiscal Year 2006 AGENCY: Rural Housing Service, USDA. ACTION: Notice. SUMMARY: The Rural Housing Service, (RHS), an Agency under USDA Rural Development, announces the availability of funds and the timeframe to submit applications for loans to private non-profit organizations, or such non-profit organizations' affiliate loan funds and State and local housing finance agencies, to carry out a housing demonstration program to provide revolving loans for the preservation and revitalization of low-income multi-family housing. Housing that is assisted by this demonstration program must be financed by USDA Rural Development through its multi-family housing loan program under section 515 of the Housing Act of 1949. This demonstration program will be achieved through loans made to intermediaries that establish programs for the purpose of providing loans to ultimate recipients for the preservation and revitalization of section 515 multi-family housing as affordable housing. DATES: The deadline for receipt of all applications in response to this NOFA is 5 p.m., Eastern Time, June 19, 2006. The application closing deadline is firm as to date and hour. The Agency will not consider any application that is received after the closing deadline. Applicants intending to mail applications must provide sufficient time to permit delivery on or before the closing deadline. Acceptance by a post office or private mailer does not constitute delivery. Facsimile (FAX), and postage due applications will not be accepted. FOR FURTHER INFORMATION CONTACT: Henry Searcy, Jr., Senior Loan Specialist, Multi-Family Housing Processing Division, STOP 0781 (Room 1263-S), or Bonnie Edwards-Jackson, Senior Loan Specialist, Multi-Family Housing Processing Division, STOP 0781 (Room 1239-S), U.S. Department of Agriculture, USDA Rural Development, 1400 Independence Ave., SW., Washington, DC 20250-0781 or by telephone at
(202)720-1753 or
(202)690-0759, or via e-mail at *Henry.Searcy@wdc.usda.gov* or *Bonnie.Edwards@wdc.usda.gov.* (Please note the phone numbers are not toll free numbers.) SUPPLEMENTARY INFORMATION: Paperwork Reduction Act Under the Paperwork Reduction Act, 44 U.S.C. 3501 *et seq.* , OMB must approve all “collections of information” by USDA Rural Development. The Act defines “collection of information” as a requirement for “answers to * * * identical reporting or recordkeeping requirements imposed on ten or more persons * * *.” (44 U.S.C. 3502(3)(A)) Because this NOFA will receive less than 10 respondents, the Paperwork Reduction Act does not apply. Equal Opportunity and Nondiscrimination Requirements
(1)In accordance with the Fair Housing Act, title VI of the Civil Rights Act of 1964, the Equal Credit Opportunity Act, the Age Discrimination Act of 1975, Executive Order 12898, the Americans with Disabilities Act, and section 504 of the Rehabilitation Act of 1973, neither the intermediary nor the Agency will discriminate against any employee, proposed intermediary or proposed ultimate recipient on the basis of sex, marital status, race, color, religion, national origin, age, physical or mental disability (provided the proposed intermediary or proposed ultimate recipient has the capacity to contract), because all or part of the proposed intermediary's or proposed ultimate recipient's income is derived from public assistance of any kind, or because the proposed intermediary or proposed ultimate recipient has in good faith exercised any right under the Consumer Credit Protection Act, with respect to any aspect of a credit transaction anytime Agency loan funds are involved.
(2)The policies and regulations contained in 7 CFR part 1901, subpart E apply to this program.
(3)The Agency Administrator will assure that equal opportunity and nondiscrimination requirements are met in accordance with the Fair Housing Act, title VI of the Civil Rights Act of 1964, the Equal Credit Opportunity Act, the Age Discrimination Act of 1975, Executive Order 12898, the Americans with Disabilities Act, and section 504 of the Rehabilitation Act of 1973.
(4)All housing must meet the accessibility requirements found at 7 CFR 3560.60(d). Programs Affected This program is listed in the Catalog of Federal Domestic Assistance under Number 10.415. Overview The Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriations Act, 2006 (Division A of Pub. L. 109-97) provides funding for, and authorizes USDA Rural Development to, establish a revolving loan fund demonstration program for the preservation and revitalization of the section 515 multi-family housing portfolio. The section 515 multi-family housing program is authorized by section 515 of the Housing Act of 1949 (42 U.S.C. 1485) and provides USDA Rural Development the authority to make loans for low income multi-family housing and related facilities. Program Administration I. Funding Opportunities Description This NOFA requests applications from eligible applicants for loans to establish and operate revolving loan funds for the preservation of low-income multi-family housing within the Agency's section 515 multi-family housing portfolio. Agency regulations for the section 515 multi-family housing program are published at 7 CFR part 3560. Housing that is constructed or repaired must meet the Agency design and construction standards and the development standards contained in 7 CFR part 1924, subparts A and C, respectively. Once constructed, section 515 multi-family housing must be managed in accordance with the program's management regulation, 7 CFR part 3560, subpart C. Tenant eligibility is limited to persons who qualify as a very low-, low-, or moderate-income household or who are eligible under the requirements established to qualify for housing benefits provided by sources other than the Agency, such as U.S. Department of Housing and Urban Development section 8 assistance or Low Income Housing Tax Credit Assistance, when a tenant receives such housing benefits. Additional tenant eligibility requirements are contained in 7 CFR 3560.152. II. Award Information Public Law 109-97 (November 10, 2005) made funding available for loans to private non-profit organizations, or such non-profit organizations' affiliate loan funds and State and local housing finance agencies, to carry out a housing demonstration program to provide revolving loans for the preservation of the section 515 multi-family housing portfolio. The total amount of funding available for this program is $6,364,414.02. As required by this statute, loans to intermediaries under this demonstration program shall have an interest rate of no more than one percent, and the Secretary of Agriculture may defer the interest and principal payment to USDA Rural Development for up to three years during the first three years of the loan. The term of such loans shall not exceed 30 years. Payments will be made on an annual basis. Funding priority will be given to entities with equal or greater matching funds, including housing tax credits for rural housing assistance and to entities with experience in the administration of revolving loan funds and the preservation of multi-family housing. III. Eligibility Information Applicant Eligibility
(1)Eligibility requirements—Intermediary.
(a)The types of entities which may become intermediaries are private nonprofit organizations or such non-profit organizations' affiliate loan funds and State and local housing finance agencies.
(b)The intermediary must have:
(i)The legal authority necessary for carrying out the proposed loan purposes and for obtaining, giving security for, and repaying the proposed loan.
(ii)A proven record of successfully assisting low-income multi-family housing projects. Such record will include recent experience in loan making and servicing loans that are similar in nature to those proposed for the PRLF demonstration program and a delinquency and loss rate acceptable to the Agency.
(iii)The services of a staff with loan making and servicing expertise acceptable to the Agency.
(iv)Capitalization acceptable to the Agency.
(c)No loans will be extended to an intermediary unless:
(i)There is adequate assurance of repayment of the loan based on the fiscal and managerial capabilities of the proposed intermediary.
(ii)The amount of the loan, together with other funds available, is adequate to assure completion of the project or achieve the purposes for which the loan is made.
(iii)At least 51 percent of the outstanding interest or membership in any nonpublic body intermediary must be composed of citizens of the United States or individuals who reside in the United States after being legally admitted for permanent residence.
(iv)The Intermediary's Debt Service Coverage Ratio
(DSCR)must be greater than 1.1 for the fiscal year immediately prior to the year of application and a minimum DSCR of 1 for the fiscal year two years prior and the fiscal year three years prior to application.
(v)The Intermediary's prior calendar year audit indicates an unqualified audited opinion as a result of the audit.
(d)Intermediaries, and the principals of the intermediaries, must not be suspended, debarred, or excluded based on the “List of Parties Excluded from Federal Procurement and Nonprocurement Programs.”
(e)Intermediaries and their principals must not be delinquent on Federal debt or be a Federal judgment debtor.
(2)Eligibility requirements—Ultimate recipients.
(a)To be eligible to receive loans from the PRLF, ultimate recipients must:
(i)Currently have a USDA Rural Development section 515 loan for the property to be assisted by the PRLF demonstration program, or be a transferee of such a loan before receiving any benefits from the PRLF demonstration program.
(ii)Be unable to provide the necessary housing from its own resources and, except for State or local public agencies and Indian tribes, be unable to obtain the necessary credit from other sources upon terms and conditions the applicant could reasonably be expected to fulfill.
(iii)Along with its principal officers (including their immediate family), hold no legal or financial interest or influence in the intermediary. Also, the intermediary and its principal officers (including immediate family) must hold no legal or financial interest or influence in the ultimate recipient.
(iv)Be in compliance with all Agency program requirements at 7 CFR part 3560 or have an Agency approved workout plan in place which will correct a non-compliance status.
(b)Any delinquent debt to the Federal Government, by the ultimate recipient or any of its principals, shall cause the proposed ultimate recipient to be ineligible to receive a loan from the PRLF. PRLF loan funds may not be used to satisfy the delinquency.
(c)The ultimate recipient or any of its principals may not be a Federal judgment debtor. IV. Application and Submission Information Application Requirements The application must contain the following:
(1)A summary page, that is double-spaced and not in narrative form, that lists the following items:
(a)Applicant's name.
(b)Applicant's Taxpayer Identification Number.
(c)Applicant's address.
(d)Applicant's telephone number.
(e)Name of applicant's contact person, telephone number, and address.
(f)Amount of loan requested.
(2)Form RD 4274-1, “Application for Loan (Intermediary Relending Program).”
(3)A written work plan and other evidence the Agency requires to demonstrate the feasibility of the intermediary's program to meet the objectives of this demonstration program. The plan must, at a minimum:
(a)Document the intermediary's ability to administer this demonstration program in accordance with the provisions of this NOFA. In order to adequately demonstrate the ability to administer the program, the intermediary must provide a complete listing of all personnel responsible for administering this program along with a statement of their qualifications and experience. The personnel may be either members or employees of the intermediary's organization or contract personnel hired for this purpose. If the personnel are to be contracted for, the contract between the intermediary and the entity providing such service will be submitted for Agency review, and the terms of the contract and its duration must be sufficient to adequately service the Agency loan through to its ultimate conclusion. If the Agency determines the personnel lack the necessary expertise to administer the program, the loan request will not be approved;
(b)Document the intermediary's ability to commit financial resources under the control of the intermediary to the establishment of the demonstration program. This should include a statement of the sources of non-Agency funds for administration of the intermediary's operations and financial assistance for projects;
(c)Demonstrate a need for loan funds. At a minimum, the intermediary must either
(1)identify a sufficient number of proposed and known ultimate recipients to justify Agency funding of its loan request; or
(2)include well-developed targeting criteria for ultimate recipients consistent with the intermediary's mission and strategy for this demonstration program, along with supporting statistical or narrative evidence that such prospective recipients exist in sufficient numbers to justify Agency funding of the loan request;
(d)Include a list of proposed fees and other charges it will assess the ultimate recipients;
(e)Demonstrate to Agency satisfaction that the intermediary has secured commitments of significant financial support from public agencies and private organizations;
(f)Include the intermediary's plan for relending the loan funds. The plan must be of sufficient detail to provide the Agency with a complete understanding of what the intermediary will accomplish by lending the funds to the ultimate recipient and the complete mechanics of how the funds will get from the intermediary to the ultimate recipient. The service area, eligibility criteria, loan purposes, fees, rates, terms, collateral requirements, limits, priorities, application process, method of disposition of the funds to the ultimate recipient, monitoring of the ultimate recipient's accomplishments, and reporting requirements by the ultimate recipient's management must at least be addressed by the intermediary's relending plan;
(g)Provide a set of goals, strategies, and anticipated outcomes for the intermediary's program. Outcomes should be expressed in quantitative or observable terms such as low-income housing complexes rehabilitated or low-income housing units preserved, and should relate to the purpose of this demonstration program; and
(h)Provide specific information as to whether and how the intermediary will ensure that technical assistance is made available to ultimate recipients and potential ultimate recipients. Describe the qualifications of the technical assistance providers, the nature of technical assistance that will be available, and expected and committed sources of funding for technical assistance. If other than the intermediary itself, describe the organizations providing such assistance and any arrangements between such organizations and the intermediary.
(4)A pro forma balance sheet at start-up and projected balance sheets for at least 3 additional years; financial statements for the last 3 years (or from inception of the operations of the intermediary if less than 3 years); and projected cash flow and earnings statements for at least 3 years supported by a list of assumptions showing the basis for the projections. The projected earnings statement and balance sheet must include one set of projections which takes into consideration a full annual installment on the PRLF loan.
(5)Form RD 400-4, “Assurance Agreement.”
(6)Complete organizational documents, including evidence of authority to conduct the proposed activities.
(7)Latest audit report.
(8)Form RD 1910-11, “Applicant Certification Federal Collection Policies for Consumer or Commercial Debts.”
(9)Form AD-1047, “Certification Regarding Debarment, Suspension, and other Responsibility Matters—Primary Covered Transactions.”
(10)Exhibit A-1 of RD Instruction 1940-Q, “Certification for Contracts, Grants, and Loans.”
(11)Tax Returns for three years prior to application, and a current financial statement.
(12)A separate one-page information sheet listing each of the “Application Scoring Criteria” contained in this Notice, followed by the page numbers of all relevant material and documentation that is contained in the proposal that supports these criteria. Applicants are also encouraged, but not required, to include a checklist of all of the selection criteria as set out in more detail under Section V. Application Review Information in this NOFA and to have their application indexed and tabbed to facilitate the review process. *Submission address.* Applications should be submitted to USDA Rural Housing Service; Attention: Henry Searcy, Jr., Senior Loan Specialist, Multi-Family Housing Processing Division STOP 0781 (Room 1263-S), or Bonnie Edwards-Jackson, Senior Loan Specialist, Multi-Family Housing Processing Division, STOP 0781 (Room 1239-S), U.S. Department of Agriculture, USDA Rural Development, 1400 Independence Ave., SW., Washington, DC 20250-0781 or by telephone at
(202)720-1753 or
(202)690-0759 or via e-mail at *Henry.Searcy@wdc.usda.gov* or *Bonnie.Edwards@wdc.usda.gov.* (Please note the phone numbers are not toll free numbers.) V. Application Review Information All applications will be evaluated by a loan committee. The loan committee will make recommendations to the Agency Administrator concerning eligibility determinations and for the selection of applications based on the selection criteria contained in this NOFA and the availability of funds. The Administrator will inform applicants of the selection status of their application within 30 days of the loan application closing date of the NOFA. Selection Criteria Selection criteria points will be allowed only for factors indicated by well documented, reasonable plans which, in the opinion of the Agency, provide assurance that the items have a high probability of being accomplished. The points awarded will be as specified in paragraphs
(1)through
(4)of this section. In each case, the intermediary's work plan must provide documentation that the selection criteria have been met in order to qualify for selection criteria points. If an application does not fit one of the categories listed, it receives no points for that paragraph.
(1)Other funds. Points allowed under this paragraph are to be based on documented successful history or written evidence acceptable to the Agency that the other funds are available.
(a)The intermediary will obtain non-Agency loan or grant funds or provide housing tax credits (measured in dollars) to pay part of the cost of the ultimate recipients' project cost. The Intermediary shall pledge as collateral its PRLF Revolving Fund, including its portfolio of investments derived from the proceeds of other funds and this loan award. Points for the amount of funds from other sources are as follows:
(i)At least 10% but less than 25% of the total project cost—5 points;
(ii)At least 25% but less than 50% of the total project cost—10 points; or
(iii)50% or more of the total project cost—15 points.
(b)The intermediary will provide loans to the ultimate recipient from its own funds (not loan or grant) to pay part of the ultimate recipients' project cost. The amount of the intermediary's own funds will average:
(i)At least 10% but less than 25% of the total project costs—5 points;
(ii)At least 25% but less than 50% of total project costs—10 points; or
(iii)50% or more of total project costs—15 points.
(2)Intermediary pledged security funds. The Intermediary will pledge security funds not derived from the Agency and will be considered security funds. The pledged security funds will be placed in a separate account from the PRLF loan account and will remain in this account until the PRLF revolves as described in the loan agreement. The Intermediary shall contribute the pledged security funds into a separate bank account or accounts according to their work plan. These pledged security funds are to be placed into an interest bearing counter-signature account until the PRLF revolves. No other funds shall be commingled with such money. The amount of the pledged security funds contributed to the PRLF will equal the following percentage of the Agency PRLF loan:
(a)At least 5% but less than 15%—15 points;
(b)At least 15% but less than 25%—30 points; or
(c)25% or more—50 points.
(3)Experience. The intermediary has actual experience in the administration of revolving loan funds and the preservation of multi-family housing, with a successful record, for the following number of full years. Applicants must have actual experience in both the administration of revolving loan funds and the preservation of multi-family housing in order to qualify for points under this selection criteria. If the number of years of experience differs between the two types of experience, the type with the least number of years will be used for this selection criteria.
(a)At least 1 but less than 3 years—5 points;
(b)At least 3 but less than 5 years—10 points;
(c)At least 5 but less than 10 years—20 points; or
(d)10 or more years—30 points.
(4)Administrative. The Administrator may assign up to 35 additional points to an application to account for the following items not adequately covered by the other priority criteria set out in this section, including: The amount of funds requested in relation to the amount of need; a particularly successful affordable housing development record; a service area with no other PRLF coverage; a service area with severe affordable housing problems; a service area with emergency conditions caused by a natural disaster; an innovative proposal; the quality of the proposed program; a work plan that is in accord with a strategic plan, particularly a plan prepared as part of a request for an Empowerment Zone/Enterprise Community designation; or excellent utilization of an existing revolving loan fund program. The Administrator will document his reasons for the points allocated. VI. Other Administrative Requirements
(1)The following policies and regulations apply to loans to intermediaries made in response to this NOFA:
(a)The PRLF intermediary may draw down up to 25 percent of USDA PRLF loan funds at loan closing. Thereafter, the intermediary may draw down, under this award, only such funds as are necessary to cover a 30-day period in implementing its approved work plan. Advances will be requested by the intermediary in writing. The date of such draw down shall constitute the date the funds are advanced under the PRLF Loan Agreement for purposes of computing interest payments.
(b)PRLF intermediaries will be required to provide the Agency with the following reports:
(i)An annual audit;
(A)The dates of the audit report period need not coincide with other reports on the PRLF. Audit reports shall be due 90 days following the audit period. Audits must cover all of the intermediary's activities. Audits will be performed by an independent certified public accountant. An acceptable audit will be performed in accordance with Generally Accepted Government Auditing Standards and include such tests of the accounting records as the auditor considers necessary in order to express an opinion on the financial condition of the intermediary.
(B)It is not intended that audits required by this program be separate from audits performed in accordance with State and local laws or for other purposes. To the extent feasible, the audit work for this program should be done in connection with these other audits. Intermediaries covered by the Office of Management and Budget Circular A-133 should submit audits made in accordance with that circulars.
(ii)Quarterly or semiannual Performance Reports (due 30 days after the end of the period);
(A)Performance Reports will be required quarterly during the first year after loan closing. Thereafter, reports will be required semiannually. Also, the Agency may resume requiring quarterly reports if the intermediary becomes delinquent in repayment of its loan or otherwise fails to fully comply with the provisions of its work plan or Loan Agreement, or the Agency determines that the intermediary's PRLF is not adequately protected by the current financial status and paying capacity of the ultimate recipients.
(B)These reports shall contain information only on the PRLF loan. If other funds are included, the PRLF portion shall be segregated from the others. If the intermediary has more than one PRLF loan from the Agency, a separate report shall be made for each PRLF loan.
(C)The reports will include, on a form to be provided by the Agency, information on the intermediary's lending activity, income and expenses, financial condition and a summary of names and characteristics of the ultimate recipients the intermediary has financed.
(iii)Annual proposed budget for the following year; and
(iv)Other reports as the Agency may require from time to time regarding the conditions of the loan.
(c)USDA Rural Development may consider, on a case by case basis, subordinating its security interest on the property to the lien of the intermediary so that USDA Rural Development has a junior lien interest when an independent appraisal documents that USDA Rural Development will continue to be fully secured.
(d)The term of the loan to the ultimate recipient may not exceed the remaining term of the USDA Rural Development loan.
(e)When loans are made to the ultimate recipients for preservation purposes, Restrictive Use Provisions must be incorporated into the loan documents, as outlined in 7 CFR 3560.662.
(f)The policies and regulations contained in 7 CFR part 1901, subpart F regarding historical and archaeological properties apply to all loans funded under this NOFA.
(g)The policies and regulations contained in 7 CFR part 1940, subpart G regarding environmental assessments apply to all loans funded under this NOFA. Loans to intermediaries under this program will be considered a Categorical Exclusion under the National Environmental Policy Act, requiring the completion of Form RD 1940-22, “Environmental Checklist for Categorical Exclusions,” by the Agency.
(h)These loans are subject to the provisions of Executive Order 12372 that require intergovernmental consultation with state and local officials. USDA Rural Development conducts intergovernmental consultations for each loan in a manner delineated in RD Instruction 1940-J which is available in any Rural Development office.
(2)The intermediary agrees to the following:
(a)To obtain the written Agency approval, before the first lending of PRLF funds to an ultimate recipient, of:
(i)All forms to be used for relending purposes, including application forms, loan agreements, promissory notes, and security instruments; and
(ii)Intermediary's policy with regard to the amount and form of security to be required.
(b)To obtain written approval from the Agency before making any significant changes in forms, security policy, or the work plan. The Agency may approve changes in forms, security policy, or work plans at any time upon a written request from the intermediary and determination by the Agency that the change will not jeopardize repayment of the loan or violate any requirement of this NOFA or other Agency regulations. The intermediary must comply with the work plan approved by the Agency so long as any portion of the intermediary's PRLF loan is outstanding;
(c)To secure the indebtedness by pledging the PRLF, including its portfolio of investments derived from the proceeds of the loan award, and other rights and interests as the Agency may require;
(d)To return, as an extra payment on the loan any funds that have not been used in accordance with the intermediary's work plan by a date 2 years from the date of the loan agreement. The intermediary acknowledges that the Agency may cancel the approval of any funds not yet delivered to the intermediary if revolving loan funds have not been used in accordance with the intermediary's work plan within the 2 year period. The Agency, at its sole discretion, may allow the intermediary additional time to use the revolving loan funds by not more than 3 additional years. If any revolving loan funds have not been used by 5 years from the date of the loan agreement, the approval will be canceled for any funds that have not been delivered to the intermediary and the intermediary will return, as an extra payment on the loan, any revolving loan funds it has received and not used in accordance with the work plan. In accordance with the Agency approved promissory note, regular loan payments will be based on the amount of funds actually drawn by the intermediary.
(3)The intermediary will be required to enter into an Agency approved loan agreement and promissory note. The promissory note will have a term not to exceed 30 years, bear interest at no more than one percent per annum, and provide for annual payments, provided that interest and principal due to the Government during the first three years of the loan may be deferred.
(4)Loans made to the PRLF ultimate recipient must meet the intent of providing decent, safe, and sanitary rural housing and be consistent with the requirements of title V of the Housing Act of 1949.
(5)When an intermediary proposes to make a loan from the PRLF to an ultimate recipient, Agency concurrence is required prior to final approval of the loan. A request for Agency concurrence in approval of a proposed loan to an ultimate recipient must include:
(a)Certification by the intermediary that:
(i)The proposed ultimate recipient is eligible for the loan;
(ii)The proposed loan is for eligible purposes;
(iii)The proposed loan complies with all applicable statutes and regulations; and
(iv)Prior to closing the loan to the ultimate recipient, the intermediary and its principal officers (including immediate family) hold no legal or financial interest or influence in the ultimate recipient, and the ultimate recipient and its principal officers (including immediate family) hold no legal or financial interest or influence in the intermediary.
(b)Copies of sufficient material from the ultimate recipient's application and the intermediary's related files, to allow the Agency to determine the:
(i)Name and address of the ultimate recipient;
(ii)Loan purposes;
(iii)Interest rate and term;
(iv)Location, nature, and scope of the project being financed;
(v)Other funding included in the project; and
(vi)Nature and lien priority of the collateral.
(vii)Environmental impacts of this action. This will include an original Form RD 1940-20, “Request for Environmental Information,” completed and signed by the intermediary. Attached to this form will be a statement stipulating the age of the building to be rehabilitated and a completed and signed FEMA Form 81-93, “Standard Flood Hazard Determination.” If the age of the building is over 50 years old or if the building is either on or eligible for inclusion in the National Register of Historic Places, then the intermediary will immediately contact the Agency to begin section 106 consultation with the State Historic Preservation Officer. If the building is located within a 100-year flood plain, then the intermediary will immediately contact the Agency to analyze any effects as outlined in 7 CFR part 1940, subpart G, Exhibit C. The intermediary will assist the Agency in any additional requirements necessary to complete the environmental review.
(c)Such other information as the Agency may request on specific cases.
(6)Upon receipt of a request for concurrence in a loan to an ultimate recipient the Agency will:
(a)Review the material submitted by the intermediary for consistency with the Agency's preservation and revitalization principals which include the following;
(i)There is a continuing need for the property in the community as affordable housing.
(ii)When the transaction is complete, the property will be owned and controlled by eligible section 515 borrowers.
(iii)The transaction will address the physical needs of the property.
(iv)Existing tenants will not be displaced because of increased post transaction rents.
(v)Post transaction basic rents will not exceed comparable market rents.
(vi)Any equity loan amount will be supported by a market value appraisal.
(b)Issue a letter concurring in the loan when all requirements have been met or notify the intermediary in writing of the reasons for denial when the Agency determines it is unable to concur in the loan. Funding Restrictions Loans made to the PRLF intermediary under this demonstration program may not exceed $2,125,000 and may be limited by geographic area so that multiple loan recipients are not providing similar services to the same service areas. Loans made to the PRLF ultimate recipient must meet the intent of providing decent, safe, and sanitary rural housing and be consistent with the requirements of title V of the Housing Act of 1949. VII. Appeal Process All adverse determination regarding applicant eligibility and the awarding of points as part of the selection process are appealable. Instructions on the appeal process will be provided at the time the applicant is notified of the decision. Dated: March 14, 2006. Russell T. Davis, Administrator, Rural Housing Service. [FR Doc. E6-3963 Filed 3-17-06; 8:45 am] BILLING CODE 3410-XV-P DEPARTMENT OF COMMERCE Submission for OMB Review; Comment Request DOC has submitted to the Office of Management and Budget
(OMB)for clearance the following proposal for collection of information under the provisions of the Paperwork Reduction Act (44 U.S.C. chapter 35). *Agency:* U.S. Census Bureau. *Title:* Manufacturers' Shipments, Inventories, and Orders Survey (M3). *Form Number(s):* M-3(SD). *Agency Approval Number:* 0607-0008. *Type of Request:* Extension of a currently approved collection. *Burden:* 16,800 hours. *Number of Respondents:* 4,200. *Avg Hours Per Response:* 20 minutes. *Needs and Uses:* The U.S. Census Bureau is requesting an extension of the currently approved collection for the Manufacturers' Shipments, Inventories, and Orders
(M3)survey. This survey collects monthly data from domestic manufacturers on Form M-3 (SD), which is mailed at the end of each month. Data requested are shipments, new orders, unfilled orders, total inventory, materials and supplies, work-in-process, and finished goods. It is currently the only survey that provides broad-based monthly statistical data on the economic conditions in the domestic manufacturing sector. It is designed to measure current industrial activity and to provide an indication of future production commitments. The value of shipments measures the value of goods delivered during the month by domestic manufacturers. Estimates of new orders serve as an indicator of future production commitments and represent the current sales value of new orders received during the month, net of cancellations. Substantial accumulation or depletion of backlogs of unfilled orders measures excess (or deficient) demand for manufactured products. The level of inventories, especially in relation to shipments, is frequently used to monitor the business cycle. This survey provides an essential component of the current economic indicators needed for assessing the evolving status of the economy and formulating economic policy. The Office of Information and Regulatory Affairs, Office of Management and Budget
(OMB)has designated this survey as a principal Federal economic indicator. The shipments and inventory data are essential inputs to the gross domestic product (GDP), while the orders data are direct inputs to the leading economic indicator series. The GDP and the economic indicator series would be incomplete without these data. The survey also provides valuable and timely domestic manufacturing data for economic planning and analysis to business firms, trade associations, research and consulting agencies, and academia. The data are used for analyzing short- and long-term trends, both in the manufacturing sector and as related to other sectors of the economy. The data on value of shipments, especially when adjusted for change in inventory, measure current levels of production. New orders figures serve as an indicator of future production commitments. Changes in the level of unfilled orders, because of excess or shortfall of new orders compared with shipments, are used to measure the excess (or deficiency) in the demand for manufactured products. Changes in the level of inventories and the relation of these to shipments are used to project future movements in manufacturing activity. These statistics are valuable for analysts of business cycle conditions including members of the Council of Economic Advisers (CEA), the Bureau of Economic Analysis (BEA), the Federal Reserve Board (FRB), the Department of the Treasury, business firms, trade associations, private research and consulting agencies, and the academic community. *Affected Public:* Business or other for-profit. *Frequency:* Monthly. *Respondent's Obligation:* Voluntary. *Legal Authority:* Title 13 U.S.C., Sections 131 & 182. *OMB Desk Officer:* Susan Schechter,
(202)395-5103. Copies of the above information collection proposal can be obtained by calling or writing Diana Hynek, Departmental Paperwork Clearance Officer,
(202)482-0266, Department of Commerce, room 6625, 14th and Constitution Avenue, NW., Washington, DC 20230 (or via the Internet at *dhynek@doc.gov* ). Written comments and recommendations for the proposed information collection should be sent within 30 days of publication of this notice to Susan Schechter, OMB Desk Officer either by fax (202-395-7245) or e-mail ( *susan_schechter@omb.eop.gov* ). Dated: March 14, 2006. Madeleine Clayton, Management Analyst, Office of the Chief Information Officer. [FR Doc. E6-3946 Filed 3-17-06; 8:45 am] BILLING CODE 3510-07-P DEPARTMENT OF COMMERCE Bureau of Economic Analysis Quarterly Survey of Transactions Between U.S. and Unaffiliated Foreign Persons in Selected Services and in Intangible Assets ACTION: Proposed collection; comment request. SUMMARY: The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). DATES: Written comments must be submitted on or before 5 p.m. May 19, 2006. ADDRESSES: Direct all written comments to Diane Hynek, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6625, 14th and Constitution Avenue, NW., Washington, DC 20230, or via the Internet at *dhynek@doc.gov,* ((202) 482-0266). FOR FURTHER INFORMATION CONTACT: Direct requests for additional information or copies of the survey and instructions to Christopher Emond, Chief, Special Surveys Branch, International Investment Division, (BE-50), Bureau of Economic Analysis, U.S. Department of Commerce, Washington, DC 20230; phone:
(202)606-9826; fax:
(202)606-5318; or via the Internet at *christopher.emond@bea.gov,* ((202) 482-0266). SUPPLEMENTARY INFORMATION: I. Abstract Form BE-25, Quarterly Survey of Transactions Between U.S. and Unaffiliated Foreign Persons in Selected Services and in Intangible Assets, obtains quarterly data from companies that have receipts from or payments to unaffiliated foreign persons in any of the types of transactions covered by the survey. The data are needed to monitor trade in services and in intangible assets, analyze its impact on the U.S. and foreign economies, compile and improve the U.S. economic accounts, support U.S. commercial policy on services and intangible assets, conduct trade promotion, and improve the ability of U.S. businesses to identify and evaluate market opportunities. The data from the survey are primarily intended as general purpose statistics. They are needed to answer any number of research and policy questions related to cross-border trade in services. The form remains the same as in the past. No changes in the data collected or in exemption levels are proposed. II. Method of Collection Survey forms will be sent to U.S. companies each quarter; responses will be due within 45 days after the close of each fiscal quarter, except for the final quarter of the fiscal year, when the reports are due within 90 days after the close of the quarter. Potential respondents are U.S. business enterprises and not-for-profit institutions that have receipts from unaffiliated foreign persons in any of the types of transactions covered by the survey greater than $6 million for the prior calendar year or that are expected to be greater than $6 million in the current calendar year; or that have payments to unaffiliated foreign persons in any of the types of transactions covered by the survey greater than $4 million for the prior calendar year or that are expected to be greater than $4 million in the current calendar year. The data collected are cut-off sample data. In addition, estimates are developed based upon previously reported or estimated data for non-respondents, including those companies that fall below the reporting threshold for the survey. III. Data *OMB Number:* 0608-0067. *Form Number:* BE-25. *Type of Review:* Regular submission. *Affected Public:* U.S. companies and not-for-profit institutions that transact with unaffiliated foreign persons in selected services or in intangible assets. *Estimated Number of Respondents:* 550 per quarter; 2,200 annually. *Estimated Time Per Response:* 16 hours. *Estimated Total Annual Burden Hours:* 35,200 hours. *Estimated Total Annual Cost:* $1,408,000 (based on an estimated reporting burden of 35,200 hours and an estimated hourly cost of $40). *Respondent's Obligation:* Mandatory. Legal Authority: The International Investment and Trade in Services Survey Act, 22 U.S.C. 3101-3108, as amended. IV. Request for Comments Comments are invited on:
(a)Whether the proposed collection of information is necessary for the proper performance of the functions of the Agency, including whether the information will have practical utility;
(b)the accuracy of the Agency's estimate of the burden (including hours and cost) of the proposed collection of information;
(c)ways to enhance the quality, utility, and clarity of the information to be collected; and
(d)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record. Dated: March 14, 2006. Madeleine Clayton, Management Analyst, Office of Chief Information Officer. [FR Doc. E6-3947 Filed 3-17-06; 8:45 am] BILLING CODE 3510-06-P DEPARTMENT OF COMMERCE Bureau of Economic Analysis Quarterly Survey of Financial Services Transactions Between U.S. Financial Services Providers and Unaffiliated Foreign Persons ACTION: Proposed collection; comment request. SUMMARY: The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). DATES: Written comments must be submitted on or before 5 p.m. May 19, 2006. ADDRESSES: Direct all written comments to Diane Hynek, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6625, 14th and Constitution Avenue, NW., Washington, DC 20230, or via the Internet at *dhynek@doc.gov,* ((202) 482-0266). FOR FURTHER INFORMATION CONTACT: Direct requests for additional information or copies of the survey and instructions to Christopher Emond, Chief, Special Surveys Branch, International Investment Division, (BE-50), Bureau of Economic Analysis, U.S. Department of Commerce, Washington, DC 20230; phone:
(202)606-9826; fax:
(202)606-5318; or via the Internet at *christopher.emond@bea.gov.* SUPPLEMENTARY INFORMATION: I. Abstract Form BE-85, Quarterly Survey of Financial Services Transactions Between U.S. Financial Services Providers and Unaffiliated Foreign Persons, obtains quarterly data from financial services providers that have receipts from or payments to unaffiliated foreign persons in the financial services covered by the survey. The data are needed to monitor trade in financial services, analyze its impact on the U.S. and foreign economies, compile and improve the U.S. economic accounts, support U.S. commercial policy on financial services, conduct trade promotion, and improve the ability of U.S. businesses to identify and evaluate market opportunities. The data from the survey are primarily intended as general purpose statistics. They are needed to answer any number of research and policy questions related to cross-border trade in services. The form remains the same as in the past. No changes in the data collected or in exemption levels are proposed. II. Method of Collection Survey forms will be sent to U.S. companies each quarter; responses will be due within 45 days after the close of each fiscal quarter, except for the final quarter of the fiscal year, when the reports are due within 90 days after the close of the quarter. Potential respondents are U.S. financial services providers that have receipts from unaffiliated foreign persons in the financial services covered by the survey greater than $20 million for the prior calendar year or that are expected to be greater than $20 million in the current calendar year; or that have payments to unaffiliated foreign persons in the financial services covered by the survey greater than $15 million for the prior calendar year or that are expected to be greater than $15 million in the current calendar year . The data collected are cut-off sample data. In addition, estimates are developed based upon previously reported or estimated data for non-respondents, including those companies that fall below the reporting threshold for the survey. III. Data *OMB Number:* 0608-0065. *Form Number:* BE-85. *Type of Review:* Regular submission. *Affected Public:* U.S. financial services companies that transact financial services with unaffiliated foreign persons. *Estimated Number of Respondents:* 125 per quarter; 500 annually. *Estimated Time Per Response:* 10 hours. *Estimated Total Annual Burden Hours:* 5,000 hours. Estimated Total Annual Cost: $200,000 (based on an estimated reporting burden of 5,000 hours and an estimated hourly cost of $40). *Respondent's Obligation:* Mandatory. **Legal Authority:** The International Investment and Trade in Services Survey Act, 22 U.S.C. 3101-3108, as amended. IV. Request for Comments Comments are invited on:
(a)Whether the proposed collection of information is necessary for the proper performance of the functions of the Agency, including whether the information will have practical utility;
(b)the accuracy of the Agency's estimate of the burden (including hours and cost) of the proposed collection of information;
(c)ways to enhance the quality, utility, and clarity of the information to be collected; and
(d)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record. Dated: March 14, 2006. Madeleine Clayton, Management Analyst, Office of Chief Information Officer. [FR Doc. E6-3948 Filed 3-17-06; 8:45 am] BILLING CODE 3510-06-P DEPARTMENT OF COMMERCE Bureau of Economic Analysis Quarterly Survey of Insurance Transactions by U.S. Insurance Companies With Foreign Persons ACTION: Proposed collection; comment request. SUMMARY: The Department of Commerce, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). DATES: Written comments must be submitted on or before 5 p.m. May 19, 2006. ADDRESSES: Direct all written comments to Diane Hynek, Departmental Paperwork Clearance Officer, Department of Commerce, Room 6625, 14th and Constitution Avenue, NW., Washington, DC 20230, or via the Internet at *dhynek@doc.gov* , ((202) 482-0266). FOR FURTHER INFORMATION CONTACT: Direct requests for additional information or copies of the survey and instructions to Christopher Emond, Chief, Special Surveys Branch, International Investment Division, (BE-50), Bureau of Economic Analysis, U.S. Department of Commerce, Washington, DC 20230; phone:
(202)606-9826; fax:
(202)606-5318; or via the Internet at *christopher.emond@bea.gov.* SUPPLEMENTARY INFORMATION: I. Abstract Form BE-45, Quarterly Survey of Insurance Transactions by U.S. Insurance Companies with Foreign Persons, obtains quarterly data from U.S. insurance companies that have engaged in reinsurance transactions with foreign persons, that have earned premiums from, or incurred losses to, foreign persons in the capacity of primary insurers, or that have engaged in international sale or purchase transactions in auxiliary insurance services. The data are needed to monitor U.S. international trade in insurance services, analyze its impact on the U.S. and foreign economies, compile and improve the U.S. economic accounts, support U.S. commercial policy on insurance services, conduct trade promotion, and improve the ability of U.S. businesses to identify and evaluate market opportunities. The data from the survey are primarily intended as general purpose statistics. They are needed to answer any number of research and policy questions related to cross-border trade in services. The form remains the same as in the past. No changes in the data collected or in exemption levels are proposed. II. Method of Collection Survey forms will be sent to U.S. insurance companies each quarter; responses will be due within 60 days after the close of each calendar quarter, except for the final quarter of the calendar year, when reports are due within 90 days after the close of the quarter. Potential respondents are those U.S. insurance companies that, with respect to transactions with foreign persons, have premiums earned or losses on reinsurance assumed; premiums incurred or losses on reinsurance ceded; premiums earned or losses on primary insurance; or sales or purchases of auxiliary insurance services greater than $8 million (positive or negative) for the prior calendar year or that are expected to be greater than $8 million (positive or negative) in the current calendar year. The data collected are cut-off sample data. In addition, estimates are developed based upon previously reported or estimated data for non-respondents, including those U.S. insurance companies that fall below the reporting threshold for the survey. III. Data *OMB Number:* 0608-0066. *Form Number:* BE-45. *Type of Review:* Regular submission. *Affected Public:* U.S. insurance companies that transact with foreign persons in insurance services. *Estimated Number of Respondents:* 225 per quarter; 900 annually. *Estimated Time Per Response:* 8 hours. *Estimated Total Annual Burden Hours:* 7,200 hours. *Estimated Total Annual Cost:* $288,000 (based on an estimated reporting burden of 7,200 hours and an estimated hourly cost of $40). *Respondent's Obligation:* Mandatory. Legal Authority: The International Investment and Trade in Services Survey Act, 22 U.S.C. 3101-3108, as amended. IV. Request for Comments Comments are invited on:
(a)Whether the proposed collection of information is necessary for the proper performance of the functions of the Agency, including whether the information will have practical utility;
(b)the accuracy of the Agency's estimate of the burden (including hours and cost) of the proposed collection of information;
(c)ways to enhance the quality, utility, and clarity of the information to be collected; and
(d)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology. Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of this information collection; they also will become a matter of public record. Dated: March 14, 2006. Madeleine Clayton, Management Analyst, Office of Chief Information Officer. [FR Doc. E6-3949 Filed 3-17-06; 8:45 am] BILLING CODE 3510-06-P DEPARTMENT OF COMMERCE International Trade Administration [A-580-816] Notice of Amended Final Results of the Eleventh Administrative Review of the Antidumping Duty Order on Certain Corrosion-Resistant Carbon Steel Flat Products from the Republic of Korea. AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On February 13, 2006, the Department of Commerce (the Department) published its final results of the eleventh administrative review for certain corrosion-resistant carbon steel flat products
(CORE)from the Republic of Korea (Korea) for the period from August 1, 2003 through July 31, 2004. *See Notice of Final Results of the Eleventh Administrative Review of the Antidumping Duty Order on Certain Corrosion-Resistant Carbon Steel Flat Products from the Republic of Korea* , 71 FR 7513 (February 13, 2006), ( *Final Results* ). We are amending our *Final Results* to correct a ministerial error made in the calculation of the dumping margin for Union Steel Manufacturing Co., Ltd. (Union), pursuant to section 751
(h)of the Tariff Act of 1930, as amended (the Act). EFFECTIVE DATE: March 20, 2006. FOR FURTHER INFORMATION CONTACT: Jolanta Lawska, AD/CVD Operations, Office 3, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue NW, Washington, DC 20230; telephone:
(202)482-8362. SUPPLEMENTARY INFORMATION: Background On February 13, 2006, the Department published its final results of the eleventh administrative review for certain corrosion-resistant carbon steel flat products
(CORE)from Korea for the period from August 1, 2003 through July 31, 2004. *See Final Results* . On February 13, 2006, pursuant to 19 CFR 351.224(c), Pohang Iron & Steel Company, Ltd. and Pohang Coated Steel Co., Ltd., (collectively, the POSCO Group) submitted comments alleging ministerial errors. On February 17, 2006, United States Steel Corporation (U.S. Steel) requested that the Department correct certain alleged ministerial errors. On February 15 and 22, 2006, pursuant to 19 CFR 351.224(c)(3), Mittal Steel USA ISG Inc. (Mittal); and Dongbu Steel Co., Ltd. (Dongbu), the POSCO Group and Union (collectively, respondents), submitted rebuttal comments regarding ministerial errors. The Department received one clerical error allegation from the POSCO Group regarding the treatment of the POSCO Group's indirect selling and commission expenses and two clerical error allegations from U.S. Steel regarding calculation of constructed export price profit for Union, and the treatment of respondents' laminated products by the Department. Respondents argued in their rebuttal briefs that the Department should reject U.S. Steel's clerical error allegations submission because it was filed untimely. On February 13, 2006, the Department granted an extension to U.S. Steel until February 17, 2006 to file its comments. 1 1 *See* The Department's February 13, 2006, letter to Skadden, Arps, Slate, Meagher and Flom, LLP. Scope of the Order This order covers cold-rolled (cold-reduced) carbon steel flat-rolled carbon steel products, of rectangular shape, either clad, plated, or coated with corrosion-resistant metals such as zinc, aluminum, or zinc-, aluminum-, nickel- or iron-based alloys, whether or not corrugated or painted, varnished or coated with plastics or other nonmetallic substances in addition to the metallic coating, in coils (whether or not in successively superimposed layers) and of a width of 0.5 inch or greater, or in straight lengths which, if of a thickness less than 4.75 millimeters, are of a width of 0.5 inch or greater and which measures at least 10 times the thickness or if of a thickness of 4.75 millimeters or more are of a width which exceeds 150 millimeters and measures at least twice the thickness, as currently classifiable in the Harmonized Tariff Schedule of the United States (HTSUS) under item numbers 7210.30.0030, 7210.30.0060, 7210.41.0000, 7210.49.0030, 7210.49.0090, 7210.61.0000, 7210.69.0000, 7210.70.6030, 7210.70.6060, 7210.70.6090, 7210.90.1000, 7210.90.6000, 7210.90.9000, 7212.20.0000, 7212.30.1030, 7212.30.1090, 7212.30.3000, 7212.30.5000, 7212.40.1000, 7212.40.5000, 7212.50.0000, 7212.60.0000, 7215.90.1000, 7215.90.3000, 7215.90.5000, 7217.20.1500, 7217.30.1530, 7217.30.1560, 7217.90.1000, 7217.90.5030, 7217.90.5060, 7217.90.5090. Included in this order are corrosion-resistant flat-rolled products of nonrectangular cross-section where such cross-section is achieved subsequent to the rolling process ( *i.e.* , products which have been “worked after rolling”) for example, products which have been beveled or rounded at the edges. Excluded from this order are flat-rolled steel products either plated or coated with tin, lead, chromium, chromium oxides, both tin and lead (“terne plate”), or both chromium and chromium oxides (“tin-free steel”), whether or not painted, varnished or coated with plastics or other nonmetallic substances in addition to the metallic coating. Also excluded from this order are clad products in straight lengths of 0.1875 inch or more in composite thickness and of a width which exceeds 150 millimeters and measures at least twice the thickness. Also excluded from this order are certain clad stainless flat-rolled products, which are three-layered corrosion-resistant carbon steel flat-rolled products less than 4.75 millimeters in composite thickness that consist of a carbon steel flat-rolled product clad on both sides with stainless steel in a 20%-60%-20% ratio. These HTSUS item numbers are provided for convenience and customs purposes. The written descriptions remain dispositive. Amended Final Results of Review After analyzing all interested parties' comments and rebuttal comments, we have determined, in accordance with section 751(h) of the Act and 19 CFR 351.224, that the Department has made a ministerial error in the final results calculation for Union in this administrative review. For a detailed discussion of all ministerial errors, and our analysis, *see* Memorandum from Victoria Cho, Jolanta Lawska and Preeti Tolani to Melissa Skinner, re: Allegations of Ministerial Errors, dated March 13, 2006 (Amended Final Issues and Decision Memorandum). Therefore, in accordance with section 751(h) of the Act, we are amending the final results of sales at less than fair value in the antidumping duty administrative review of CORE from Korea for the period August 1, 2003 to July 31, 2004. As a result of correcting the ministerial error discussed in the Amended Final Issues and Decision Memorandum, Union's weighted-average dumping margin increased from 1.54 percent to 1.60 percent. For the remaining respondents, the weighted-average dumping margins remain the same. *See Final Results* . Duty Assessment and Cash Deposit Requirements The Department will determine, and U.S. Customs and Border Protection
(CBP)shall assess, antidumping duties on all appropriate entries. The Department will issue appropriate assessment instructions directly to CBP within 15 days of publication of the amended final results of this review, where injunctions are not in place. Further, the following cash-deposit requirements will be effective upon publication of these final amended results of the administrative review for shipments of the subject merchandise entered, or withdrawn from warehouse, for consumption on or after the publication date of these final amended results, as provided by section 751(a)(2)(C) of the Act.
(1)for subject merchandise exported by Union the cash-deposit rate will be 1.60 percent.
(2)For Dongbu, HYSCO and POSCO the cash deposit rate will remain as established in the *Final Results* . These deposit requirements shall remain in effect until publication of the final results of the next administrative review. These final amended results of administrative review and notice are issued and published in accordance with sections 751(a)(1) and (h), and 777(i)(1) of the Act, and 19 CFR 351.224. Dated: March 13, 2006. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E6-3989 Filed 3-17-06; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration [A-570-848] Freshwater Crawfish Tail Meat From the People's Republic of China: Notice of Postponement of Time Limits for New Shipper Antidumping Duty Reviews in Conjunction With Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: On February 16, 2006, and February 21, 2006, in accordance with 19 CFR 351.214(j)(3), Xuzhou Jinjiang Foodstuffs Co., Ltd. (“Jinjiang”) and Xiping Opeck Food Co. Ltd. (“Opeck”), respectively, agreed to waive the time limits in section 351.214(i) of the Department of Commerce's (“the Department”) regulations so that the Department may conduct the new shipper reviews of freshwater crawfish tail meat from the People's Republic of China (“PRC”), for the period September 1, 2004, through August 31, 2005, concurrently with the administrative review for the same period. Therefore, pursuant to Opeck and Jinjiang's requests and in accordance with the Department's regulations, we will conduct the administrative and new shipper reviews concurrently. The deadline for the preliminary results for the new shipper reviews, originally scheduled for May 1, 2006, will now be June 2, 2006, and the estimated deadline for the finals results will now be September 30, 2006. EFFECTIVE DATE: March 20, 2006. FOR FURTHER INFORMATION CONTACT: Scot Fullerton or Erin Begnal, AD/CVD Operations, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, D.C. 20230; telephone:
(202)482-1386 or
(202)482-1442, respectively. SUPPLEMENTARY INFORMATION: Background On September 30, 2005, and September 21, 2005, the Department received timely requests from Opeck and Jinjiang, respectively, to conduct new shipper reviews of the antidumping duty order on freshwater crawfish tail meat from the PRC. On November 4, 2005, the Department initiated these new shipper antidumping duty reviews covering the period September 1, 2004, through August 31, 2005. *See Freshwater Crawfish Tail Meat from the People's Republic of China: Initiation of New Shipper Antidumping Duty Reviews* , 70 FR 67138 (November 4, 2005). On September 30, 2005, the petitioners, the Crawfish Processors Alliance, requested an administrative review of several companies. On October 25, 2005, the Department published in the **Federal Register** a notice announcing the initiation of the 2004-2005 administrative review of the antidumping duty order on freshwater crawfish tail meat from the People's Republic of China (“PRC”). *See Notice of Initiation of Antidumping and Countervailing Duty Administrative Reviews* , 70 FR 61601 (October 25, 2005). Postponement of New Shipper Review On February 16, 2006, and February 21, 2006, Jinjiang and Opeck, respectively, in accordance with section 351.214(j)(3) of the Department's regulations, agreed to waive the applicable time limits for these new shipper reviews so that the Department might conduct these new shipper reviews concurrently with the 2004/2005 administrative review of freshwater crawfish tail meat from the PRC. *See* letter from Jinjiang requesting alignment with administrative review (February 16, 2006); letter from Opeck requesting alignment with administrative review (February 21, 2006). Pursuant to Opeck and Jinjiang's requests, and in accordance with section 351.214(j)(3) of the Department's regulations, we will conduct this new shipper review concurrently with the September 1, 2004, through August 31, 2005, administrative review of freshwater crawfish tail meat from the PRC. Therefore, the preliminary results of the antidumping new shipper review, as well as the administrative review, will be due 245 days from the last day of the administrative review period, *i.e.* , June 2, 2006. *See* section 351.213(h) of the Department's regulations. The estimated deadline for the final results in these new shipper reviews as well as the administrative review is September 30, 2006. This notice is published in accordance with section 751(a)(2)(B) of the Tariff Act of 1930, as amended, and 19 CFR 351.214(j)(3). Dated: March 14, 2006. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. E6-3987 Filed 3-17-06; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration [A-357-810] Notice of Rescission of Antidumping Duty Administrative Review; Oil Country Tubular Goods, Other Than Drill Pipe, from Argentina AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: In response to a request from the petitioner, the Department of Commerce (the Department) initiated an administrative review of the antidumping duty order on oil country tubular goods
(OCTG)from Argentina. This review covers one manufacturer/exporter of the subject merchandise, Siderca S.A.I.C. (Siderca). The Department is now rescinding this review based on record evidence indicating that the respondent had no entries of subject merchandise during the period of review (POR). The POR is August 1, 2004 through July 31, 2005. EFFECTIVE DATE: March 20, 2006. FOR FURTHER INFORMATION CONTACT: Fred Baker or Robert James, AD/CVD Operations, Office 7, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, N.W., Washington, D.C. 20230; telephone
(202)482 2924 (Baker),
(202)482-0649 (James). SUPPLEMENTARY INFORMATION: Background On August 11, 1995, the Department published the antidumping duty order on OCTG from Argentina. See Antidumping Duty Order: Oil Country Tubular Goods from Argentina, 60 FR 41055 (August 11, 1995). On August 1, 2005, we published in the **Federal Register** a notice of opportunity to request administrative reviews. *See Antidumping and Countervailing Duty Order, Finding, or Suspended Investigation; Opportunity to Request Administrative Review* , 70 FR 44085 (August 1, 2005). On August 31, 2005, United States Steel Corporation (petitioner) requested that the Department conduct an administrative review of sales of the subject merchandise made by Siderca. On September 28, 2005, the Department published a notice of initiation of this administrative review. *See Initiation of Antidumping and Countervailing Duty Administrative Reviews and Requests for Revocation in Part* , 70 FR 56631 (September 28, 2005). The Department issued its antidumping duty questionnaire to Siderca on October 3, 2005. In response, Siderca stated in an October 24, 2005, submission that it had no entries for consumption of subject merchandise of OCTG during the POR, and requested that the Department rescind the administrative review with respect to Siderca. On January 24, 2006, the Department placed on the record of the review copies of documents regarding entries of subject merchandise from Argentina that it obtained from Customs and Border Protection (CBP). On February 2, 2006, the Department issued a letter to petitioners, domestic interested parties, and Siderca stating that the Department intended to rescind the review. We invited parties to submit comments on our intent to rescind the review. We requested that any comments be submitted by February 9, 2006. We received no comments. Period of Review The POR is August 1, 2004 through July 31, 2005. Scope of the Review OCTG are hollow steel products of circular cross-section, including oil well casing and tubing of iron (other than cast iron) or steel (both carbon and alloy), whether seamless or welded, whether or not conforming to American Petroleum Institute
(API)or non-API specifications, whether finished or unfinished (including green tubes and limited service OCTG products). This scope does not cover casing or tubing pipe containing 10.5 percent or more of chromium. Drill pipe was excluded from this order beginning August 11, 2001. *See Continuation of Countervailing and Antidumping Duty Orders on Oil Country Tubular Goods From Argentina, Italy, Japan, Korea and Mexico, and Partial Revocation of Those Orders From Argentina and Mexico With Respect to Drill Pipe* , 66 FR 38630 (July 25, 2001). The OCTG subject to this order are currently classified in the Harmonized Tariff Schedule of the United States (HTSUS) under item numbers: 7304.29.10.10, 7304.29.10.20, 7304.29.10.30, 7304.29.10.40, 7304.29.10.50, 7304.29.10.60, 7304.29.10.80, 7304.29.20.10, 7304.29.20.20, 7304.29.20.30, 7304.29.20.40, 7304.29.20.50, 7304.29.20.60, 7304.29.20.80, 7304.29.30.10, 7304.29.30.20, 7304.29.30.30, 7304.29.30.40, 7304.29.30.50, 7304.29.30.60, 7304.29.30.80, 7304.29.40.10, 7304.29.40.20, 7304.29.40.30, 7304.29.40.40, 7304.29.40.50, 7304.29.40.60, 7304.29.40.80, 7304.29.50.15, 7304.29.50.30, 7304.29.50.45, 7304.29.50.60, 7304.29.50.75, 7304.29.60.15, 7304.29.60.30, 7304.29.60.45, 7304.29.60.60, 7304.29.60.75, 7305.20.20.00, 7305.20.40.00, 7305.20.60.00, 7305.20.80.00, 7306.20.10.30, 7306.20.10.90, 7306.20.20.00, 7306.20.30.00, 7306.20.40.00, 7306.20.60.10, 7306.20.60.50, 7306.20.80.10, and 7306.20.80.50. The HTSUS subheadings are provided for convenience and customs purposes. Our written description of the scope of this order is dispositive. Rescission of Review On October 24, 2005, Siderca informed the Department that it did not ship OCTG to the United States during the POR, and requested that we rescind the administrative review. The Department subsequently obtained and reviewed entry documents from CBP, and found no evidence that Siderca had knowledge that any of its production was destined for the United States. In a February 2, 2006, letter to parties, we requested comments from parties on this determination, and received no comments. Therefore, based on our review of CBP documents, we are satisfied that there were no entries of subject merchandise subject to this administrative review. Accordingly, we are rescinding the review. Pursuant to 19 CFR 351.213(d)(3), the Department may rescind an administrative review, in whole or with respect to a particular exporter or producer, if the Secretary concludes that, during the period covered by the review, there were no entries, exports, or sales of the subject merchandise. Because the evidence on the record shows that there were no entries of OCTG made by Siderca during the POR, the Department is rescinding this review in accordance with 19 CFR 351.213(d)(3). The Department will issue appropriate assessment instructions to CBP within fifteen days of publication of this notice. We are issuing and publishing this notice in accordance with sections 751(a)(1) of the Tariff Act of 1930 (as amended) and 19 CFR 351.213(d)(4). Dated: March 13, 2006. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E6-3988 Filed 3-17-06; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration [A-475-820] Notice of Initiation and Preliminary Results of Changed Circumstances Antidumping Duty Review: Stainless Steel Wire Rod from Italy AGENCY: Import Administration, International Trade Administration, Department of Commerce. SUMMARY: The Department of Commerce (the Department) has received information sufficient to warrant initiation of a changed circumstances review of the antidumping duty order on stainless steel wire rod
(SSWR)from Italy. Based on this information, we preliminarily determine that: 1) Acciaierie Valbruna S.p.A. (Valbruna S.p.A.) is the successor-in-interest to Acciaierie Valbruna S.r.l. (Valbruna S.r.l.) and its subsidiary Acciaierie Bolzano S.p.A. (Bolzano S.p.A.), a respondent in the less-than-fair-value
(LTFV)investigation; and 2) merchandise from Acciaierie Valbruna S.p.A. should be excluded from the antidumping duty order. Interested parties are invited to comment on these preliminary results. EFFECTIVE DATE: March 20, 2006. FOR FURTHER INFORMATION CONTACT: Irina Itkin or Alice Gibbons, AD/CVD Operations, Office 2, Import Administration, International Trade Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW, Washington, DC 20230; telephone
(202)482-0656 and
(202)482-0498, respectively. SUPPLEMENTARY INFORMATION: Background On September 15, 1998, the Department published in the **Federal Register** (63 FR 49327) the antidumping duty order on SSWR from Italy. Valbruna S.r.l. and its affiliate Bolzano S.p.A. were excluded from the order because their dumping margin was *de minimis* . On January 26, 2006, Valbruna S.p.A. submitted a written request that the Department conduct a changed circumstances review in order to clarify for U.S. Customs and Border Protection
(CBP)that Valbruna S.p.A. is the successor-in-interest to Valbruna S.r.l./Bolzano S.p.A. and that subject merchandise produced by this entity should not be subject to antidumping duties. Valbruna S.p.A. requested that the result of the Department's changed circumstances review be retroactive to December 16, 1998, the effective date of Valbruna S.r.l.'s name and corporate change to Valbruna S.p.A. On January 30, 2006, the Department requested that Valbruna S.p.A. supplement this request for a changed circumstances review by addressing the four factors normally examined by the Department in successor-in-interest determinations: changes in
(1)Management;
(2)production facilities;
(3)supplier relationships; and
(4)customer base. On February 8, 2006, Valbruna submitted this information to the Department. Further, on March 7, 2006, Valbruna S.p.A. submitted information to address additional questions raised by the Department on March 3, 2006. Scope of Order For purposes of this order, SSWR comprises products that are hot-rolled or hot-rolled annealed and/or pickled and/or descaled rounds, squares, octagons, hexagons or other shapes, in coils, that may also be coated with a lubricant containing copper, lime or oxalate. SSWR is made of alloy steels containing, by weight, 1.2 percent or less of carbon and 10.5 percent or more of chromium, with or without other elements. These products are manufactured only by hot-rolling or hot-rolling, annealing, and/or pickling and/or descaling, are normally sold in coiled form, and are of solid cross-section. The majority of SSWR sold in the United States is round in cross-sectional shape, annealed and pickled, and later cold-finished into stainless steel wire or small-diameter bar. The most common size for such products is 5.5 millimeters or 0.217 inches in diameter, which represents the smallest size that normally is produced on a rolling mill and is the size that most wire-drawing machines are set up to draw. The range of SSWR sizes normally sold in the United States is between 0.20 inches and 1.312 inches diameter. Two stainless steel grades, SF20T and K-M35FL, are excluded from the scope of the order. The chemical makeup for the excluded grades is as follows: SF20T Carbon 0.05 max Chromium 19.00/21.00 Manganese 2.00 max Molybdenum 1.50/2.50 Phosphorous 0.05 max Lead added (0.10/0.30) Sulfur 0.15 max Tellurium added (0.03 min) Silicon 1.00 max K-M35FL Carbon 0.015 max Nickel 0.30 max Silicon 0.70/1.00 Chromium 12.50/14.00 Manganese 0.40 max Lead 0.10/0.30 Phosphorous 0.04 max Aluminum 0.20/0.35 Sulfur 0.03 max The products subject to this order are currently classifiable under subheadings 7221.00.0005, 7221.00.0015, 7221.00.0030, 7221.00.0045, and 7221.00.0075 of the Harmonized Tariff Schedule of the United States (HTSUS). Although the HTSUS subheadings are provided for convenience and customs purposes, the written description of the merchandise is dispositive. Initiation and Preliminary Results of Review In its January 26, 2006, February 8, 2006, and March 7, 2006, submissions to the Department, Valbruna S.p.A. provided information to the Department to demonstrate that it is the successor-in-interest to Valbruna S.r.l./Bolzano S.p.A. and that subject merchandise produced by it should not be subject to antidumping duties given that Valbruna S.r.l./Bolzano S.p.A. were excluded from the antidumping duty order. *See* 63 FR 49327 (Sept. 15, 1998). Thus, in accordance with section 751(b) of the Tariff Act of 1930, as amended (the Act) and 19 CFR 351.216 and 351.221(a), the Department is initiating a changed circumstances review to determine whether Valbruna S.p.A. is the successor-in-interest to Valbruna S.r.l./Bolzano S.p.A. and thus entitled to exclusion from the antidumping duty order on SSWR from Italy. Valbruna S.p.A. has presented evidence to establish a *prima facie* case that neither its change in corporate form and name from Valbruna S.r.l. to Valbruna S.p.A. nor its subsequent merger with its wholly owned subsidiary, Bolzano S.p.A., affected the company's operations ( *i.e.* , management, production facilities, supplier relationships, or customer relationships) so that they are materially dissimilar to those of its predecessor. As a consequence, we find that it is appropriate to issue the preliminary results of our review in combination with the notice of initiation of the changed circumstances review in accordance with 19 CFR 351.221(c)(3)(ii). Because the evidence indicates that Valbruna S.p.A. has the same corporate structure and operations as Valbruna S.r.l./Bolzano S.p.A., we preliminarily determine that merchandise from Valbruna S.p.A. should be excluded from the antidumping duty order. Thus, if these preliminary results are adopted in our final results of this changed circumstances review, we will instruct CBP to liquidate, without regard to antidumping duties, all entries entered, or withdrawn from warehouse, for consumption on or after December 16, 1998, the date of Valbruna S.r.l.'s name change to Valbruna S.p.A. This action is in accordance with the Department's practice of applying the results of changed circumstances determinations retroactively where the company in question was never subject to the order. *See Certain Hot-Rolled Lead and Bismuth Carbon Steel Products from the United Kingdom: Final Results of Changed-Circumstances Antidumping and Countervailing Duty Administrative Review* , 64 FR 66880, 66881 (Nov. 30, 1999). For further discussion of this issue, see the memorandum from Irene Darzenta Tzafolias to Stephen J. Claeys, entitled “Successor-In-Interest Determination for Acciaierie Valbruna S.r.l. in the Changed Circumstances Review of Stainless Steel Wire Rod from Italy,” dated concurrently with this notice. Interested parties are invited to comment on these preliminary results. Any written comments may be submitted no later than 14 days after date of publication of this notice. Rebuttal briefs, limited to arguments raised in case briefs, are due five days after the case brief deadline. Case briefs and rebuttal briefs must be served on interested parties in accordance with 19 CFR 351.209. The Department will publish the final results of the changed circumstances review including the results of its analysis of any issues raised in any such comments. This initiation of review, preliminary results of review, and notice are in accordance with sections 751(b) and 777(i)(1) of the Act. Dated: March 13, 2006. David M. Spooner, Assistant Secretary for Import Administration. [FR Doc. E6-3990 Filed 3-17-06; 8:45 am] BILLING CODE 3510-DS-S DEPARTMENT OF COMMERCE International Trade Administration [C-489-806] Certain Pasta From Turkey: Extension of Time Limit for Preliminary Results of the Countervailing Duty Administrative Review AGENCY: Import Administration, International Trade Administration, Department of Commerce. DATES: *Effective Date:* March 20, 2006. FOR FURTHER INFORMATION CONTACT: Brandon Farlander or Audrey Twyman, AD/CVD Operations, Office 1, Import Administration, U.S. Department of Commerce, 14th Street and Constitution Avenue, NW., Washington DC 20230; telephone:
(202)482-0182 and
(202)482-3534, respectively. Background On July 24, 1996, the Department published in the **Federal Register** (61 FR 38546) the countervailing duty order on certain pasta from Turkey. On July 1, 2005, the Department published in the **Federal Register** a notice of “Opportunity to Request Administrative Review” of this countervailing duty order (70 FR 38099). We received one request for review on July 29, 2005, and initiated the review for calendar year 2004, on August 29, 2005 (70 FR 51009). The preliminary results for this review are currently due no later than April 3, 2006. Extension of Time Limits for Preliminary Results Section 7512(a)(3)(A) of the Tariff Act of 1930, as amended (“the Act”), requires the Department of Commerce (“Department”) to issue the preliminary results of an administrative review within 245 days after the last day of the anniversary month of an order for which a review is requested and the final results of review within 120 days after the date on which the preliminary results are published. If it is not practicable to complete the review within the time period, section 751(a)(3)(A) of the Act allows the Department to extend these deadlines to a maximum of 365 days and 180 days, respectively. We currently analyzing supplemental information provided by the respondent and the Government of Turkey in this review. Because the Department requires additional time to review, analyze, and, if necessary, to issue additional supplemental questionnaires, it is not practicable to complete this review within the originally anticipated time limit ( *i.e.* , by April 3, 2006). Therefore, the Department is extending the time limit for completion of the preliminary results to not later than June 5, 2006, in accordance with section 751(a)(3)(A) of the Act. We are issuing and publishing this notice in accordance with sections 751(a)(1) and 777(i)(1) of the Act. Dated: March 14, 2006. Stephen J. Claeys, Deputy Assistant Secretary for Import Administration. [FR Doc. 06-2647 Filed 3-17-06; 8:45 am]
Connectionstraces to 13
Traces to 13 documents
U.S. Code
CFR
- Disclosure of calculations and procedures for the correction of ministerial errors.§ 351.224
- New shipper reviews under section 751(a)(2)(B) of the Act; expedited reviews in countervailing duty proceedings.§ 351.214
- Administrative review of orders and suspension agreements under section 751(a)(1) of the Act.§ 351.213
- Changed circumstances review under section 751(b) of the Act.§ 351.216
- Review procedures.§ 351.221
- Violation of suspension agreement.§ 351.209
13 references not yet in our index
- 7 CFR 4284
- 7 CFR 4284.3
- 7 CFR 3015
- 7 CFR 1901
- 7 CFR 3560.60(d)
- Pub. L. 109-97
- 7 CFR 3560
- 7 CFR 1924
- 7 CFR 3560.152
- 7 CFR 3560.662
- 7 CFR 1940
- Pub. L. 104-13
- 22 USC 3101-3108
Citation graph
cites case law
Notices
Notice of solicitation of applications
Cite7 CFR 4284
Cite7 CFR 4284.3
Cite7 CFR 3015
Cites 26 · showing 12Cited by 0 across 0 sources