Tap any paragraph to write a margin note. Your notes collect in the Desk below the text and file under cases with @. The side-by-side margin rail opens on a larger screen.

Code · REGISTER · 2006-05-01 · Department of Education · Notices

Notices. Notice of open meeting

15,369 words·~70 min read·/register/2006/05/01/06-4101

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

BILLING CODE 4000-01-M DEPARTMENT OF EDUCATION Submission for OMB Review; Comment Request AGENCY: Department of Education. SUMMARY: The IC Clearance Official, Regulatory Information Management Services, Office of Management invites comments on the submission for OMB review as required by the Paperwork Reduction Act of 1995. DATES: Interested persons are invited to submit comments on or before May 31, 2006. ADDRESSES: Written comments should be addressed to the Office of Information and Regulatory Affairs, Attention:
Rachel Potter, Desk Officer, Department of Education, Office of Management and Budget, 725 17th Street, NW., Room 10222, New Executive Office Building, Washington, DC 20503 or faxed to
(202)395-6974. SUPPLEMENTARY INFORMATION: Section 3506 of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35) requires that the Office of Management and Budget
(OMB)provide interested Federal agencies and the public an early opportunity to comment on information collection requests. OMB may amend or waive the requirement for public consultation to the extent that public participation in the approval process would defeat the purpose of the information collection, violate State or Federal law, or substantially interfere with any agency's ability to perform its statutory obligations. The IC Clearance Official, Regulatory Information Management Services, Office of Management, publishes that notice containing proposed information collection requests prior to submission of these requests to OMB. Each proposed information collection, grouped by office, contains the following:
(1)Type of review requested, e.g. new, revision, extension, existing or reinstatement;
(2)Title;
(3)Summary of the collection;
(4)Description of the need for, and proposed use of, the information;
(5)Respondents and frequency of collection; and
(6)Reporting and/or Recordkeeping burden. OMB invites public comment. Dated: April 25, 2006. Angela C. Arrington, IC Clearance Official, Regulatory Information Management Services, Office of Management. Office of Postsecondary Education *Type of Review:* Revision. *Title:* Higher Education Act
(HEA)Title II Reporting Forms on Teacher Quality and Preparation. *Frequency:* Annually. *Affected Public:* State, Local, or Tribal Gov't, SEAs or LEAs; not-for-profit institutions. *Reporting and Recordkeeping Hour Burden:* *Responses:* 1,309. *Burden Hours:* 121,632. *Abstract:* The Higher Education Act of 1998 calls for annual reports from states and institutions of higher education
(IHE)on the quality of teacher education and related matters (Pub. L. 105-244, section 207:20 U.S.C. 1027). The purpose of the reports is to provide greater accountability in the preparation of America's teaching forces and to provide information and incentives for its improvement. Most IHEs that have teacher preparation programs must report annually to their states on the performance of their program completers on teacher certification tests. States, in turn, must report test performance information, institution by institution, to the Secretary of Education, along with institution rankings. They must also report on their requirements for licensing teachers, state standards, alternative routes to certifications, waivers, and related items. Requests for copies of the information collection submission for OMB review may be accessed from *http://edicsweb.ed.gov* , by selecting the “Browse Pending Collections” link and by clicking on link number 2975. When you access the information collection, click on “Download Attachments” to view. Written requests for information should be addressed to U.S. Department of Education, 400 Maryland Avenue, SW., Potomac Center, 9th Floor, Washington, DC 20202-4700. Requests may also be electronically mailed to IC *DocketMgr@ed.gov* or faxed to 202-245-6623. Please specify the complete title of the information collection when making your request. Comments regarding burden and/or the collection activity requirements should be electronically mailed to IC *DocketMgr@ed.gov.* Individuals who use a telecommunications device for the deaf
(TDD)may call the Federal Information Relay Service
(FIRS)at 1-800-877-8339. [FR Doc. E6-6522 Filed 4-28-06; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF EDUCATION Notice of Proposed Information Collection Requests AGENCY: Department of Education. SUMMARY: The Director, Regulatory Information Management Services, Office of Management, invites comments on the proposed information collection requests as required by the Paperwork Reduction Act of 1995. DATES: Interested persons are invited to submit comments on or before June 30, 2006. SUPPLEMENTARY INFORMATION: Section 3506 of the Paperwork Reduction Act of 1995 (44 U.S.C. Chapter 35) requires that the Office of Management and Budget
(OMB)provide interested Federal agencies and the public an early opportunity to comment on information collection requests. OMB may amend or waive the requirement for public consultation to the extent that public participation in the approval process would defeat the purpose of the information collection, violate State or Federal law, or substantially interfere with any agency's ability to perform its statutory obligations. The Director, Regulatory Information Management Services, Office of Management, publishes that notice containing proposed information collection requests prior to submission of these requests to OMB. Each proposed information collection, grouped by office, contains the following:
(1)Type of review requested, e.g. new, revision, extension, existing or reinstatement;
(2)Title;
(3)Summary of the collection;
(4)Description of the need for, and proposed use of, the information;
(5)Respondents and frequency of collection; and
(6)Reporting and/or Recordkeeping burden. OMB invites public comment. The Department of Education is especially interested in public comment addressing the following issues:
(1)Is this collection necessary to the proper functions of the Department;
(2)will this information be processed and used in a timely manner;
(3)is the estimate of burden accurate;
(4)how might the Department enhance the quality, utility, and clarity of the information to be collected; and
(5)how might the Department minimize the burden of this collection on the respondents, including through the use of information technology. Dated: April 25, 2006. Jeanne Van Vlandren, Director, Regulatory Information Management Services, Office of Management. Office of Planning, Evaluation, and Policy Development. *Type of Review:* Regular. *Title:* Annual Mandatory Collection of Elementary and Secondary Education Data for the Education Data Exchange Network (EDEN). *Frequency:* Annually. *Affected Public:* State, Local, or Tribal Gov't, SEAs or LEAs. *Reporting and Recordkeeping Hour Burden:* *Responses:* 6,052. *Burden Hours:* 476,234. *Abstract:* The Education Data Exchange Network
(EDEN)is in the implementation phase of a multiple year effort to consolidate the collection of education information about States, Districts, and Schools in a way that improves data quality and reduces paperwork burden for all of the national education partners. To minimize the burden on the data providers, EDEN seeks the transfer of the proposed data as soon as it has been processed for State, District, and School use. These data will then be stored in EDEN and accessed by federal education program managers and analysts as needed to make program management decisions. This process will eliminate redundant data collections while providing for the timeliness of data submission and use. *Additional Information:* The Department of Education
(ED)is specifically requesting the data providers in each the State Education Agency
(SEA)to review the proposed data elements to determine which of these data can be provided for the upcoming 2006-2007 school year and which data would be available in later years (2007-2008 or 2008-2009) and which data, if any, is never expected to be available from the SEA. If information for a data group is not available, please provide information beyond the fact that it is not available. Are there specific impediments to providing this data that you can describe? Is the definition for the data group unclear or ambiguous? Do the requested code sets not align with the way your state collects the data? This is very important information because ED intends to make the collection of these data mandatory. ED also seeks to know if the SEA data definitions are consistent and compatible with the EDEN definitions and accurately reflect the way data is stored and used for education by the States, Districts, and Schools. The answers to these questions by the data providers will influence the timing and content of the final EDEN proposal for the collection of this elementary and secondary data. In addition to overall public comments, ED would also like state education data providers to consider and respond to a number of specific questions that were developed during the recent data definition cycle for EDEN 2006-07 data. While most of these questions address the ability of states to provide information, some speak to the potential burden on states associated with overall changes in EDEN. When responding to these questions, please include the question number in your response. 1. Some of the EDEN data groups require additional information in order to interpret it properly; this is loosely described as metadata. For example, state proficiency levels and the levels that make up proficient and higher differ from one state to the next. Similarly, there are numerous data groups that collect information on state-defined items such as truants, persistently dangerous schools, and definition of school year. For all of these examples, additional information is needed in order to fully understand the reported data as well as to understand whether comparisons across the state are (or are not) appropriate. We are currently considering several ways to collect this information including web-based forms and a separate state-level submission file. What would be the most convenient way for your state to initially provide and subsequently update this information? 2. As EDEN matures, we are weighing the costs/benefits of standardizing the naming conventions of the data groups in order to align them more closely with the Federal Enterprise Architecture. We anticipate this effort would result in changes to approximately 1/3 of data group names and we would provide a crosswalk between the old name and the new name of each data group. The numbers assigned to the data groups would not change. What impact would data group name changes have on the burden associated with producing and submitting EDEN data files in your state? If we do elect to make these changes, what tools can ED provide to you to lessen your paperwork burden? 3. For the 2006-07 EDEN data set, we added a new topic area: Finance. This change was based on an understanding that in many states, data for files that include financial information come from a source that is separate from the rest of the EDEN data files. So far, we have moved the following data groups to this new topic area: 574—Federal Funding Allocation Table, 614—REAP Alternative Funding Indicator, 615—RLIS Program Table, 616—Transfer Funds Indicator, plus the two new data groups: Funds Spent on Supplemental Services and Funds Spent on School Choice. Is this conceptual change helpful in your state? Are there other data groups that you recommend that we move to this new topic area? 4. As part of the merge between NCES' Common Core of Data
(CCD)and EDEN, we would like to modify the way the CCD ID code for schools and districts are submitted in EDEN data files. The CCD ID code is made up of 3 components (a 2 digit FIPS code, a 5 digit district ID code, and a 5 digit school ID code). CCD collects all 3 of these components separately meaning that for schools, there are 3 ID codes that, together, make a unique identifier. EDEN collects a single 7 digit CCD District ID (FIPS thru District) and a single 12 digit CCD school ID (FIPS thru District thru School). What impact would there be on your state's ability to provide EDEN data files if EDEN changed to the CCD methodology for NCES IDs? 5. For Magnet School Status (at the school level) CCD collects only
(1)Yes and
(2)No. EDEN is set up to collect 4 categories of information regarding Magnet Schools:
(1)Magnet All Students,
(2)Magnet Not All Students,
(3)Not Magnet, and
(4)Not Collected by State. At what level of detail does your state collect information on Magnet Schools? What is the burden to your state to provide the data EDEN is requesting? 6. OSEP has historically collected placement information for school age children by age ranges (6-11, 12-17, and 18-21). For 2006-07, USED is proposing to collect this information using discrete ages (instead of the previously used age ranges). This change would take place in EDEN data group #74, Children with Disabilities (IDEA), in the category set that now contains Educational Environment (IDEA), Disability Category (IDEA), and Age Group (Placement). The comparable data group for early childhood (Data Group #613) already collects placement information by discrete age. How does this change affect your state's reporting ability and burden? 7. How do states track dropouts within each state? Would states be able to report dropout data by age or is this information only available by grade? 8. EDEN currently collects dropout data by grade for students in grades 7-12 but will be adding ungraded as an option for the 2006-07 reporting year. Does your state have a significant number of dropouts in grades other than 7-12 (e.g., a student in grade 6 who reaches the age where dropping out is an option)? Can you report this count as a single number (e.g., total dropouts below 7th grade)? 9. Please examine the two new data groups—Funds Spent on Supplemental Services and Funds Spent on School Choice. What information does your state ask LEAs to report on this subject? Can you provide the information requested? If you cannot provide data for these new data groups for 2006-07, when will you be able to provide this data? Requests for copies of the proposed information collection request may be accessed from *http://edicsweb.ed.gov,* by selecting the “Browse Pending Collections” link and by clicking on link number 03017. When you access the information collection, click on “Download Attachments” to view. Written requests for information should be addressed to U.S. Department of Education, 400 Maryland Avenue, SW., Potomac Center, 9th Floor, Washington, DC 20202-4700. Requests may also be electronically mailed to *IC_DocketMgr@ed.gov* or faxed to 202-245-6623. Please specify the complete title of the information collection when making your request. Comments regarding burden and/or the collection activity requirements should be electronically mailed to *IC_DocketMgr@ed.gov.* Individuals who use a telecommunications device for the deaf
(TDD)may call the Federal Information Relay Service
(FIRS)at 1-800-877-8339. [FR Doc. E6-6526 Filed 4-28-06; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF EDUCATION Office of Elementary and Secondary Education, Overview Information; Enhanced Assessment Instruments; Notice Inviting Applications for New Awards for Fiscal Year
(FY)2005 Catalog of Federal Domestic Assistance
(CFDA)Number: 84.368. *Dates:* Applications Available: May 1, 2006. Deadline for Transmittal of Applications: June 15, 2006. *Eligible Applicants:* State educational agencies (SEAs); consortia of SEAs. *Estimated Available Funds:* $11,680,000 in FY 2005 funds. *Estimated Range of Awards:* $500,000 to $2,000,000. *Estimated Average Size of Awards:* $1,460,000. *Estimated Number of Awards:* 8. Note: The Department is not bound by any estimates in this notice. *Project period:* Up to 18 months. Full Text of Announcement I. Funding Opportunity Description *Purpose of Program:* To enhance the quality of assessment instruments and systems used by States for measuring the achievement of all students. *Priorities:* This application includes four absolute and three competitive preference priorities. In accordance with 34 CFR 75.105(b)(2)(iv), the absolute priorities are from section 6112 of the Elementary and Secondary Education Act of 1965, as amended (ESEA). The competitive preference priorities are from Appendix E to the notice of final requirements for optional State consolidated applications submitted under section 9302 of the ESEA, published in the **Federal Register** on May 22, 2002 (67 FR 35967). *Absolute Priorities:* For FY 2005, these priorities are absolute priorities. Under 34 CFR 75.105(c)(3) we consider only applications that address one or more of these priorities. These priorities are: a. Collaborate with institutions of higher education, other research institutions, or other organizations to improve the quality, validity, and reliability of State academic assessments beyond the requirements for these assessments described in section 1111(b)(3) of the ESEA; b. Measure student academic achievement using multiple measures of student academic achievement from multiple sources; c. Chart student progress over time; and d. Evaluate student academic achievement through the development of comprehensive academic assessment instruments, such as performance and technology-based academic assessments. *Competitive Preference Priorities:* For FY 2005, these priorities are competitive preference priorities. Under 34 CFR 75.105(c)(2)(i) we will award up to an additional 35 points to an application, depending on the extent to which the application meets these priorities. These priorities are: Test accommodations and alternate assessments (up to 15 points), collaborative efforts (up to 10 points), and dissemination (up to 10 points). Note: The full text of these priorities is included in the notice of final requirements published in the **Federal Register** on May 22, 2002 (67 FR 35967) and in the application package. *Program Authority:* 20 U.S.C. 7842 and 7301a. *Applicable Regulations:*
(a)The Education Department General Administrative Regulations (EDGAR) in 34 CFR parts 74, 75, 77, 80, 81, 82, 84, 85, 86, 97, 98, and 99.
(b)The notice of final requirements published in the **Federal Register** on May 22, 2002 (67 FR 35967). II. Award Information *Type of Award:* Discretionary grants. *Estimated Available Funds:* $11,680,000 in FY 2005 funds. *Estimated Range of Awards:* $500,000 to $2,000,000. *Estimated Average Size of Awards:* $1,460,000. *Estimated Number of Awards:* 8. Note: The Department is not bound by any estimates in this notice. *Project period:* Up to 18 months. III. Eligibility Information 1. *Eligible Applicants:* SEAs; consortia of SEAs. 2. *Cost Sharing or Matching:* This competition does not involve cost sharing or matching. 3. *Other:* An application from a consortium of SEAs must designate one SEA as the fiscal agent. IV. Application and Submission Information 1. *Address to Request Application Package:* Zollie Stevenson, Jr., Student Achievement and School Accountability Program, U.S. Department of Education, 400 Maryland Avenue, SW., Room 3W226, Washington, DC 20202-6132. Telephone:
(202)260-1824 or by e-mail: *Zollie.Stevenson@ed.gov.* If you use a telecommunications device for the deaf (TDD), you may call the Federal Relay Service
(FRS)at 1-800-877-8339. Individuals with disabilities may obtain a copy of the application package in an alternative format (e.g., Braille, large print, audiotape, or computer diskette) by contacting the program contact person listed in this section. 2. *Content and Form of Application Submission:* Requirements concerning the content of an application, together with the forms you must submit, are in the application package for this competition. *Page Limit:* The application narrative (Part III of the application) is where you, the applicant, address the selection criteria that reviewers use to evaluate your application. You must limit Part III to the equivalent of no more than 40 pages, using the following standards: • A “page” is 8.5″ x 11″, on one side only with 1″ margins at the top, bottom, and both sides. • Double space (no more than three lines per vertical inch) all text in the application narrative, including titles, headings, footnotes, quotations, and captions as well as all text in charts, tables, figures, and graphs. • Use a font that is either 12 point or larger or no smaller than 10 pitch (characters per inch). The page limit does not apply to the cover sheet, budget section (chart and narrative), assurances and certifications, response regarding research activities involving human subjects, GEPA 427 response, one-page abstract, personnel resumes, and letters of support; however, discussion of how the application meets the absolute priorities, how well the application meets the competitive preference priorities, and how well the application addresses each of the selection criteria must be included within the page limit. Our reviewers will not read any pages of your application if— • You apply these standards and exceed the page limit; or • You apply other standards and exceed the equivalent of the page limit. 3. *Submission Dates and Times:* Applications Available: May 1, 2006. Deadline for Transmittal of Applications: June 15, 2006. Applications for grants under this competition must be submitted electronically using the Grants.gov Apply site (Grants.gov). For information (including dates and times) about how to submit your application electronically or by mail or hand delivery if you qualify for an exception to the electronic submission requirement, please refer to section IV. 6. *Other Submission Requirements* in this notice. We do not consider an application that does not comply with the deadline requirements. 4. *Intergovernmental Review:* This competition is not subject to Executive Order 12372 and the regulations in 34 CFR part 79. 5. *Funding Restrictions:* We reference regulations outlining funding restrictions in the *Applicable Regulations* section of this notice. 6. *Other Submission Requirements:* Applications for grants under this competition must be submitted electronically unless you qualify for an exception to this requirement in accordance with the instructions in this section. a. *Electronic Submission of Applications.* Applications for grants under the Enhanced Assessment Instruments-CFDA Number 84.368 must be submitted electronically using the Grants.gov Apply site at *http://www.grants.gov.* Through this site, you will be able to download a copy of the application package, complete it offline, and then upload and submit your application. You may not e-mail an electronic copy of a grant application to us. We will reject your application if you submit it in paper format unless, as described elsewhere in this section, you qualify for one of the exceptions to the electronic submission requirement and submit, no later than two weeks before the application deadline date, a written statement to the Department that you qualify for one of these exceptions. Further information regarding calculation of the date that is two weeks before the application deadline date is provided later in this section under *Exception to Electronic Submission Requirement.* You may access the electronic grant application for Enhanced Assessment Instruments at: *http://www.grants.gov.* You must search for the downloadable application package for this program by the CFDA number. Do not include the CFDA number's alpha suffix in your search. Please note the following: • When you enter the Grants.gov site, you will find information about submitting an application electronically through the site, as well as the hours of operation. • Applications received by Grants.gov are time and date stamped. Your application must be fully uploaded and submitted, and must be date/time stamped by the Grants.gov system no later than 4:30 p.m., Washington, DC time, on the application deadline date. Except as otherwise noted in this section, we will not consider your application if it is date/time stamped by the Grants.gov system later than 4:30 p.m., Washington, DC time, on the application deadline date. When we retrieve your application from Grants.gov, we will notify you if we are rejecting your application because it was date/time stamped after 4:30 p.m., Washington, DC time, on the application deadline date. • The amount of time it can take to upload an application will vary depending on a variety of factors including the size of the application and the speed of your Internet connection. Therefore, we strongly recommend that you do not wait until the application deadline date to begin the application process through Grants.gov. • You should review and follow the Education Submission Procedures for submitting an application through Grants.gov that are included in the application package for this competition to ensure that you submit your application in a timely manner to the Grants.gov system. You can also find the Education Submission Procedures pertaining to Grants.gov at *http://eGrants.ed.gov/help/GrantsgovSubmissionProcedures.pdf.* • To submit your application via Grants.gov, you must complete all of the steps in the Grants.gov registration process (see *http://www.Grants.gov/GetStarted* ). These steps include
(1)registering your organization,
(2)registering yourself as an Authorized Organization Representative (AOR), and
(3)getting authorized as an AOR by your organization. Details on these steps are outlined in the Grants.gov 3-Step Registration Guide (see *http://www.grants.gov/assets/GrantsgovCoBrandBrochure8X11.pdf).* You also must provide on your application the same D-U-N-S Number used with this registration. Please note that the registration process may take five or more business days to complete, and you must have completed all registration steps to allow you to successfully submit an application via Grants.gov. • You will not receive additional point value because you submit your application in electronic format, nor will we penalize you if you qualify for an exception to the electronic submission requirement, as described elsewhere in this section, and submit your application in paper format. • You must submit all documents electronically, including all information typically included on the Application for Federal Education Assistance (ED 424), Budget Information—Non-Construction Programs (ED 524), and all necessary assurances and certifications. You must attach any narrative sections of your application as files in a .DOC (document), .RTF (rich text), or .PDF (Portable Document) format. If you upload a file type other than the three file types specified above or submit a password protected file, we will not review that material. • Your electronic application must comply with any page limit requirements described in this notice. • After you electronically submit your application, you will receive an automatic acknowledgement from Grants.gov that contains a Grants.gov tracking number. The Department will retrieve your application from Grants.gov and send you a second confirmation by e-mail that will include a PR/Award number (an ED-specified identifying number unique to your application). • We may request that you provide us original signatures on forms at a later date. *Application Deadline Date Extension in Case of Technical Issues with the Grants.gov System:* If you are prevented from electronically submitting your application on the application deadline date because of technical problems with the Grants.gov system, we will grant you an extension until 4:30 p.m., Washington, DC time, the following business day to enable you to transmit your application electronically, or by hand delivery. You may also mail your application by following the mailing instructions as described elsewhere in this notice. If you submit an application after 4:30 p.m., Washington, DC time, on the deadline date, please contact the person listed elsewhere in this notice under FOR FURTHER INFORMATION CONTACT , and provide an explanation of the technical problem you experienced with Grants.gov, along with the Grants.gov Support Desk Case Number (if available). We will accept your application if we can confirm that a technical problem occurred with the Grants.gov system and that that problem affected your ability to submit your application by 4:30 p.m., Washington, DC time, on the application deadline date. The Department will contact you after a determination is made on whether your application will be accepted. Note: Extensions referred to in this section apply only to the unavailability of or technical problems with the Grants.gov system. We will not grant you an extension if you failed to fully register to submit your application to Grants.gov before the deadline date and time or if the technical problem you experienced is unrelated to the Grants.gov system. *Exception to Electronic Submission Requirement:* You qualify for an exception to the electronic submission requirement, and may submit your application in paper format, if you are unable to submit an application through the Grants.gov system because— • You do not have access to the Internet; or • You do not have the capacity to upload large documents to the Grants.gov system; and • No later than two weeks before the application deadline date (14 calendar days or, if the fourteenth calendar day before the application deadline date falls on a Federal holiday, the next business day following the Federal holiday), you mail or fax a written statement to the Department, explaining which of the two grounds for an exception prevent you from using the Internet to submit your application. If you mail your written statement to the Department, it must be postmarked no later than two weeks before the application deadline date. If you fax your written statement to the Department, we must receive the faxed statement no later than two weeks before the application deadline date. Address and mail or fax your statement to: Zollie Stevenson, Jr., U.S. Department of Education, 400 Maryland Avenue, SW., Room 3W226, Washington, DC 20202-6132. FAX:
(202)260-7764. Your paper application must be submitted in accordance with the mail or hand delivery instructions described in this notice. b. *Submission of Paper Applications by Mail.* If you qualify for an exception to the electronic submission requirement, you may mail (through the U.S. Postal Service or a commercial carrier), your application to the Department. You must mail the original and two copies of your application, on or before the application deadline date, to the Department at the applicable following address: *By mail through the U.S. Postal Service:* U.S. Department of Education, Application Control Center, Attention: (CFDA Number 84.368), 400 Maryland Avenue, SW., Washington, DC 20202-4260; or *By mail through a commercial carrier:* U.S. Department of Education, Application Control Center—Stop 4260, Attention: (CFDA Number 84.368), 7100 Old Landover Road, Landover, MD 20785-1506. Regardless of which address you use, you must show proof of mailing consisting of one of the following:
(1)A legibly dated U.S. Postal Service postmark,
(2)A legible mail receipt with the date of mailing stamped by the U.S. Postal Service,
(3)A dated shipping label, invoice, or receipt from a commercial carrier, or
(4)Any other proof of mailing acceptable to the Secretary of the U.S. Department of Education. If you mail your application through the U.S. Postal Service, we do not accept either of the following as proof of mailing:
(1)A private metered postmark, or
(2)A mail receipt that is not dated by the U.S. Postal Service. If your application is postmarked after the application deadline date, we will not consider your application. Note: The U.S. Postal Service does not uniformly provide a dated postmark. Before relying on this method, you should check with your local post office. c. *Submission of Paper Applications by Hand Delivery.* If you qualify for an exception to the electronic submission requirement, you (or a courier service) may deliver your paper application to the Department by hand. You must deliver the original and two copies of your application by hand, on or before the application deadline date, to the Department at the following address: U.S. Department of Education, Application Control Center, Attention: (CFDA Number 84.368), 550 12th Street, SW., Room 7041, Potomac Center Plaza, Washington, DC 20202-4260. The Application Control Center accepts hand deliveries daily between 8 a.m. and 4:30 p.m., Washington, DC time, except Saturdays, Sundays and Federal holidays. *Note for Mail or Hand Delivery of Paper Applications:* If you mail or hand deliver your application to the Department:
(1)You must indicate on the envelope and—if not provided by the Department—in Item 4 of the Application for Federal Education Assistance (ED 424) the CFDA number—and suffix letter, if any—of the competition under which you are submitting your application.
(2)The Application Control Center will mail a grant application receipt acknowledgment to you. If you do not receive the grant application receipt acknowledgment within 15 business days from the application deadline date, you should call the U.S. Department of Education Application Control Center at
(202)245-6288. V. Application Review Information *Selection Criteria:* The selection criteria for this competition are from Appendix E to the notice of final requirements published in the **Federal Register** on May 22, 2002 (67 FR 35967) and are listed in the application package. VI. Award Administration Information 1. *Award Notices:* If your application is successful, we notify your U.S. Representative and U.S. Senators and send you a Grant Award Notice (GAN). We may also notify you informally. If your application is not evaluated or not selected for funding, we notify you. 2. *Administrative and National Policy Requirements:* We identify administrative and national policy requirements in the application package and reference these and other requirements in the *Applicable Regulations* section of this notice. We reference the regulations outlining the terms and conditions of an award in the *Applicable Regulations* section of this notice and include these and other specific conditions in the GAN. The GAN also incorporates your approved application as part of your binding commitments under the grant. 3. *Reporting:* At the end of your project period, you must submit a final performance report, including financial information as directed by the Secretary. If you receive a multi-year award, you must submit an annual performance report that provides the most current performance and financial expenditure information as specified by the Secretary in 34 CFR 75.118. 4. *Performance Measures:* Under the Government Performance and Results Act (GPRA), the Department has developed three measures for evaluating the effectiveness of the Enhanced Assessment Instruments program:
(1)The number of States that participated in pilot activities described in each proposal;
(2)the number of States that participated in Enhanced Assessment grant projects funded by the current or prior competitions; and
(3)the number of presentations at national conferences sponsored by professional education organizations and papers submitted for publication in refereed journals. All grantees will be expected to submit an annual performance report documenting their success in addressing the performance measures. VII. Agency Contact FOR FURTHER INFORMATION CONTACT: Sue Rigney, U.S. Department of Education, 400 Maryland Avenue, SW., Room 3C139, Washington, DC 20202-6132. Telephone:
(202)260-0931, or by e-mail: *Sue.Rigney@ed.gov.* If you use a telecommunications device for the deaf (TDD), you may call the Federal Relay Service
(FRS)at 1-800-877-8339. Individuals with disabilities may obtain this document in an alternative format (e.g., Braille, large print, audiotape, or computer diskette) on request to the program contact person listed in this section. VIII. Other Information *Electronic Access to This Document:* You may view this document, as well as all other documents of this Department published in the **Federal Register** , in text or Adobe Portable Document Format
(PDF)on the Internet at the following site: *http://www.ed.gov/news/fedregister.* To use PDF you must have Adobe Acrobat Reader, which is available free at this site. If you have questions about using PDF, call the U.S. Government Printing Office (GPO), toll free, at 1-888-293-6498; or in the Washington, DC, area at
(202)512-1530. Note: The official version of this document is the document published in the **Federal Register** . Free Internet access to the official edition of the **Federal Register** and the Code of Federal Regulations is available on GPO Access at: *http://www.gpoaccess.gov/nara/index.html.* Dated: April 25, 2006. Henry L. Johnson, Assistant Secretary for Elementary and Secondary Education. [FR Doc. E6-6528 Filed 4-28-06; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF EDUCATION Office of Elementary and Secondary Education; Overview Information; Teacher Incentive Fund; Notice Inviting Applications for New Awards for Fiscal Year
(FY)2006 *Catalog of Federal Domestic Assistance
(CFDA)Number:* 84.374A. *Dates: Applications Available:* May 1, 2006. *Deadline for Notice of Intent to Apply:* June 15, 2006. *Deadline for Transmittal of Applications:* July 31, 2006. *Deadline for Intergovernmental Review:* September 28, 2006. *Eligible Applicants:* Local educational agencies (LEAs), including charter schools that are LEAs in their State; State educational agencies (SEAs); or partnerships of
(a)an LEA, an SEA, or both, and
(b)at least one non-profit organization. *Estimated Available Funds:* $94,050,000. The funds appropriated for this program become available on July 1, 2006 for a period of 15 months. Therefore, we anticipate making awards using FY 2006 funds early in FY 2007. Contingent upon the availability of funds and the receipt of a sufficient number of high-quality applications, we may make additional awards, using FY 2007 funds, from the rank-ordered list of unfunded applications from this competition. *Estimated Range of Awards:* $300,000-$12,000,000. *Estimated Average Size of Awards:* $8,000,000. *Estimated Number of Awards:* 10-15. Note: The Department is not bound by any estimates in this notice. *Project Period:* Up to 60 months. Full Text of Announcement I. Funding Opportunity Description *Purpose of Program:* The purpose of the Teacher Incentive Fund, authorized as part of the FY 2006 Department of Education Appropriations Act, Public Law 109-149, is to support programs that develop and implement performance-based teacher and principal compensation systems in high-need schools. The specific goals of the Teacher Incentive Fund include: Improving student achievement by increasing teacher and principal effectiveness; reforming teacher and principal compensation systems so that teachers and principals are rewarded for increases in student achievement; increasing the number of effective teachers teaching poor, minority, and disadvantaged students in hard-to-staff subjects; and creating sustainable performance-based compensation systems. *Priorities:* We are establishing these priorities for the FY 2006 grant competition (including any awards we make, using FY 2007 funds, from the list of unfunded applications from this competition), in accordance with section 437(d)(1) of the General Education Provisions Act. *Absolute Priority:* For the FY 2006 grant competition (including any awards we make, using FY 2007 funds, from the list of unfunded applications from this competition), this priority is an absolute priority. Under 34 CFR 75.105(c)(3) we consider only applications that meet this priority. Consistent with the program purpose, the grantee must establish a system that provides teachers and principals, or principals only, serving in high-need schools with differentiated levels of compensation based primarily on student achievement gains at the school and classroom levels. This performance-based compensation system must also
(a)consider classroom evaluations conducted multiple times during each school year and
(b)provide educators with incentives to take on additional responsibilities and leadership roles. *Competitive Preference Priorities:* For the FY 2006 grant competition (including any awards we make, using FY 2007 funds, from the list of unfunded applications from this competition), these priorities are competitive preference priorities. Under 34 CFR 75.105(c)(2)(i) we award up to an additional 5 points to an application, depending on the extent to which the application meets the priority. These priorities are: *Competitive Preference Priority 1:* We will award up to an additional 5 points depending on the extent to which the applicant documents or provides a plan to establish ongoing support for and commitment to the performance-based compensation system from a significant proportion of the teachers, the principal, and the community, including the applicable governing authority or LEA, for each participating high-need school. *Competitive Preference Priority 2:* We will award up to an additional 5 points depending on the extent to which the applicant will provide differentiated levels of compensation, which may include incentives, to recruit or retain effective teachers and principals (as measured by student achievement gains) in high-need urban and rural schools, and/or in hard-to-staff subject areas such as mathematics and science. *Definitions:* The following definitions apply: A *high-need school* means a school with more than 30 percent of its enrollment from low-income families, based on eligibility for free and reduced price lunch subsidies or other poverty measures that the State permits the LEAs to use. A middle or high school may be determined to meet this definition on the basis of poverty data from feeder elementary schools. *Waiver of Proposed Rulemaking:* Under the Administrative Procedure Act (5 U.S.C. 553), the Department generally offers interested parties the opportunity to comment on proposed priorities, definitions, cost-sharing requirements, selection criteria, and performance measures. Section 437(d)(1) of the General Education Provisions Act (20 U.S.C. 1232(d)(1)), however, allows the Secretary to exempt from rulemaking requirements regulations governing the first grant competition under a new or substantially revised program authority. This is the first grant competition for this program authorized as part of the FY 2006 Department of Education Appropriations Act, Public Law 109-149, and therefore these rules qualify for this exemption. To ensure timely grant awards, the Secretary has decided, under section 437(d)(1), to forego public comment on the priorities, definitions, cost-sharing requirements, selection criteria, and performance measures. These priorities, definitions, cost-sharing requirements, selection criteria, and performance measures will apply to the FY 2006 grant competition (including any awards we make, using FY 2007 funds, from the list of unfunded applications from this competition). Program Authority: Pub. L. 109-149, 119 Stat. 2864-65. *Applicable Regulations:* The Education Department General Administrative Regulations (EDGAR) in 34 CFR parts 74, 75, 77, 79, 80, 81, 81, 82, 84, 85, 97, 98, and 99. II. Award Information *Type of Award:* Discretionary grant. *Estimated Available Funds:* $94,050,000. The funds appropriated for this program become available on July 1, 2006 for a period of 15 months. Therefore, we anticipate making awards using FY 2006 funds in early FY 2007. Contingent upon the availability of funds and the receipt of a sufficient number of high-quality applications, we may make additional awards, using FY 2007 funds, from the rank-ordered list of unfunded applications from this competition. *Estimated Range of Awards:* $300,000-$12,000,000. *Estimated Average Size of Awards:* $8,000,000. *Estimated Number of Awards:* 10-15. Note: The Department is not bound by any estimates in this notice. *Project Period:* Up to 60 months. III. Eligibility Information 1. *Eligible Applicants:* LEAs, including charter schools that are LEAs in their State; SEAs; or partnerships of
(a)an LEA, an SEA, or both, and
(b)at least one non-profit organization. 2. *Cost-Sharing:* The grantee must ensure that, in each applicable budget year, an increasing share of funds from sources other than this grant will be used to pay for earned differential compensation costs as they are phased in during the performance period. In the final year of the performance period, the grantee must ensure that at least 75 percent of the differentiated compensation costs are not paid from this grant. IV. Application and Submission Information 1. *Address to Request Application Package:* Education Publications Center (ED Pubs), P.O. Box 1398, Jessup, MD 20794-1398. Telephone (toll free): 1-877-433-7827. FAX:
(301)470-1244. If you use a telecommunications device for the deaf (TDD), you may call (toll free): 1-877-576-7734. You may also contact ED Pubs at its Web site: *www.ed.gov/pubs/edpubs.html* or you may contact ED Pubs at its e-mail address: *edpubs@inet.ed.gov.* If you request an application from ED Pubs, be sure to identify this competition as follows: CFDA number 84.374A. Individuals with disabilities may obtain a copy of the application package in an alternative format (e.g., Braille, large print, audiotape, or computer diskette) by contacting one of the individuals listed under *For Further Information Contact* in section VII. of this notice. 2. *Content and Form of Application Submission:* Requirements concerning the content of an application, together with the forms you must submit, are in the application package for this competition. *Notice of Intent to Apply:* We will be able to develop a more efficient process for reviewing grant applications if we have a better understanding of the number of entities that intend to apply for funding. Therefore, we strongly encourage each potential applicant to send a notification of its intent to apply for funding to the following email address: *TIF@ed.gov.* The notification of intent to apply for funding is optional and should not include information regarding the proposed application. *Page Limit:* Applicants are strongly encouraged to limit their application to 40 pages. 3. *Submission Dates and Times:* Applications Available: May 1, 2006. *Deadline for Notice of Intent to Apply:* June 15, 2006. *Deadline for Transmittal of Applications:* July 31, 2006. Applications for grants under this competition may be submitted electronically using the Grants.gov Apply site (Grants.gov), or in paper format by mail or hand delivery. For information (including dates and times) about how to submit your application electronically, or by mail or hand delivery, please refer to section IV. 6. *Other Submission Requirements* in this notice. We do not consider an application that does not comply with the deadline requirements. *Deadline for Intergovernmental Review:* September 28, 2006. 4. *Intergovernmental Review:* This competition is subject to Executive Order 12372 and the regulations in 34 CFR part 79. Information about Intergovernmental Review of Federal Programs under Executive Order 12372 is in the application package for this competition. 5. *Funding Restrictions:* We reference regulations outlining funding restrictions in the *Applicable Regulations* section in this notice. 6. *Other Submission Requirements:* Applications for grants under this competition may be submitted electronically or in paper format by mail or hand delivery. a. *Electronic Submission of Applications.* We have been accepting applications electronically through the Department's e-Application system since FY 2000. In order to expand on those efforts and comply with the President's Management Agenda, we are continuing to participate as a partner in the new government-wide Grants.gov Apply site in FY 2006. Teacher Incentive Fund-CFDA Number 84.374A is one of the programs included in this project. We request your participation in Grants.gov. If you choose to submit your application electronically, you must use the Grants.gov Apply site at *http://www.Grants.gov.* Through this site, you will be able to download a copy of the application package, complete it offline, and then upload and submit your application. You may not e-mail an electronic copy of a grant application to us. You may access the electronic grant application for Teacher Incentive Fund at: *http://www.grants.gov.* You must search for the downloadable application package for this program by the CFDA number. Do not include the CFDA number's alpha suffix in your search. Please note the following: • Your participation in Grants.gov is voluntary. • When you enter the Grants.gov site, you will find information about submitting an application electronically through the site, as well as the hours of operation. • Applications received by Grants.gov are time and date stamped. Your application must be fully uploaded and submitted, and must be date/time stamped by the Grants.gov system no later than 4:30 p.m., Washington, DC time, on the application deadline date. Except as otherwise noted in this section, we will not consider your application if it is date/time stamped by the Grants.gov system later than 4:30 p.m., Washington, DC time, on the application deadline date. When we retrieve your application from Grants.gov, we will notify you if we are rejecting your application because it was date/time stamped by the Grants.gov system after 4:30 p.m., Washington, DC time, on the application deadline date. • The amount of time it can take to upload an application will vary depending on a variety of factors, including the size of the application and the speed of your Internet connection. Therefore, we strongly recommend that you do not wait until the application deadline date to begin the application process through Grants.gov. • You should review and follow the Education Submission Procedures for submitting an application through Grants.gov that are included in the application package for this competition to ensure that you submit your application in a timely manner to the Grants.gov system. You can also find the Education Submission Procedures pertaining to Grants.gov at *http://e-Grants.ed.gov/help/GrantsgovSubmissionProcedures.pdf* • To submit your application via Grants.gov, you must complete all of the steps in the Grants.gov registration process (see *http://www.Grants.gov/GetStarted* ). These steps include
(1)registering your organization,
(2)registering yourself as an Authorized Organization Representative (AOR), and
(3)getting authorized as an AOR by your organization. Details on these steps are outlined in the Grants.gov 3-Step Registration Guide (see *http://www.grants.gov/assests/GrantsgovCoBrandBrochure8X11.pdf* ). You must also provide on your application the same D-U-N-S Number used with this registration. Please note that the registration process may take five or more business days to complete, and you must have completed all registration steps to allow you to successfully submit an application via Grants.gov. • You will not receive additional point value because you submit your application in electronic format, nor will we penalize you if you submit your application in paper format. • You may submit all documents electronically, including all information typically included on the Application for Federal Education Assistance (SF 424), Budget Information—Non-Construction Programs (ED 524), and all necessary assurances and certifications. If you choose to submit your application electronically, you must attach any narrative sections of your application as files in a .DOC (document), .RTF (rich text), or .PDF (Portable Document) format. If you upload a file type other than the three file types specified above or submit a password protected file, we will not review that material. • Your electronic application must comply with any page limit requirements described in this notice. • After you electronically submit your application, you will receive an automatic acknowledgment from Grants.gov that contains a Grants.gov tracking number. The Department will retrieve your application from Grants.gov and send you a second confirmation by e-mail that will include a PR/Award number (an ED-specified identifying number unique to your application). • We may request that you provide us original signatures on forms at a later date. *Application Deadline Date Extension in Case of System Unavailability* If you are prevented from electronically submitting your application on the application deadline date because of technical problems with the Grants.gov system, we will grant you an extension until 4:30 p.m., Washington, DC time, the following business day to enable you to transmit your application electronically, or by hand delivery. You also may mail your application by following the mailing instructions as described elsewhere in this notice. If you submit an application after 4:30 p.m., Washington, DC time, on the deadline date, please contact the person listed elsewhere in this notice under *For Further Information Contact,* and provide an explanation of the technical problem you experienced with Grants.gov, along with the Grants.gov Support Desk Case Number (if available). We will accept your application if we can confirm that a technical problem occurred with the Grants.gov system and that that problem affected your ability to submit your application by 4:30 p.m., Washington, DC time, on the application deadline date. The Department will contact you after a determination is made on whether your application will be accepted. Note: Extensions referred to in this section apply only to the unavailability of or technical problems with the Grants.gov system. We will not grant you an extension if you failed to fully register to submit your application to Grants.gov before the deadline date and time or if the technical problem you experienced is unrelated to the Grants.gov system. b. *Submission of Paper Applications by Mail.* If you submit your application in paper format by mail (through the U.S. Postal Service or a commercial carrier), you must mail the original and two copies of your application, on or before the application deadline date, to the Department at the applicable following address: *By mail through the U.S. Postal Service:* U.S. Department of Education, Application Control Center, Attention: CFDA Number 84.374A, 400 Maryland Avenue, SW., Washington, DC 20202-4260; or *By mail through a commercial carrier:* U.S. Department of Education, Application Control Center—Stop 4260, Attention: CFDA Number 84.374A, 7100 Old Landover Road, Landover, MD 20785-1506. Regardless of which address you use, you must show proof of mailing consisting of one of the following:
(1)A legibly dated U.S. Postal Service postmark,
(2)A legible mail receipt with the date of mailing stamped by the U.S. Postal Service,
(3)A dated shipping label, invoice, or receipt from a commercial carrier, or
(4)Any other proof of mailing acceptable to the Secretary of the U.S. Department of Education. If you mail your application through the U.S. Postal Service, we do not accept either of the following as proof of mailing:
(1)A private metered postmark, or
(2)A mail receipt that is not dated by the U.S. Postal Service. If your application is postmarked after the application deadline date, we will not consider your application. Note: The U.S. Postal Service does not uniformly provide a dated postmark. Before relying on this method, you should check with your local post office. c. *Submission of Paper Applications by Hand Delivery.* If you submit your application in paper format by hand delivery, you (or a courier service) must deliver the original and two copies of your application by hand, on or before the application deadline date, to the Department at the following address: U.S. Department of Education, Application Control Center, Attention: CFDA Number 84.374A, 550 12th Street, SW., Room 7041, Potomac Center Plaza, Washington, DC 20202-4260. The Application Control Center accepts hand deliveries daily between 8 a.m. and 4:30 p.m., Washington, DC time, except Saturdays, Sundays and Federal holidays. *Note for Mail or Hand Delivery of Paper Applications:* If you mail or hand deliver your application to the Department:
(1)You must indicate on the envelope and—if not provided by the Department—in Item 4 of the Application for Federal Education Assistance (SF 424) the CFDA number—and suffix letter, if any—of the competition under which you are submitting your application.
(2)The Application Control Center will mail a grant application receipt acknowledgment to you. If you do not receive the grant application receipt acknowledgment within 15 business days from the application deadline date, you should call the U.S. Department of Education Application Control Center at
(202)245-6288. V. Application Review Information *Selection Criteria:* The selection criteria for this competition are as follows:
(a)*Need* (5 points). The extent to which the applicant describes the scope and size of the project and the need for the project, including information on student academic achievement and the quality of the teachers and principals in the LEA(s) and high-need schools that will be served by the project.
(b)*Project Design* (50 points).
(1)The extent to which the performance-based compensation system will reward teachers and principals who raise student academic achievement.
(2)The extent to which the applicant describes the performance-based teacher and principal compensation system that the applicant proposes to develop, implement, or expand, including the extent to which the applicant will build the capacity of teachers and principals through activities such as professional development to raise student achievement and to provide students with greater access to rigorous coursework.
(3)The extent to which the applicant's proposed project includes valid and reliable measures of student achievement—including statewide assessment scores as appropriate for this purpose—as the primary indicator of teacher and principal effectiveness in the proposed performance-based compensation system.
(4)The extent to which the applicant proposes to develop and implement a fair, rigorous and objective process to evaluate teacher and principal performance multiple times throughout the school year.
(c)*Adequacy of Resources* (20 points).
(1)The extent to which the applicant provides a thorough explanation of how the applicant will use funds awarded under the grant together with the required matching funds to carry out the program purpose.
(2)The extent to which the applicant provides a detailed plan, including documentation of resources, for sustaining its performance-based compensation system after the grant period ends.
(3)The extent to which the applicant includes a thorough description of its current data-management capacity and proposed areas of data management development in order to implement a performance-based compensation system in which differentiated compensation is based primarily on student academic achievement.
(d)*Quality of the Management Plan and Key Personnel* (15 points).
(1)The adequacy of the management plan to achieve the objectives of the proposed project on time and within budget, including clearly defined responsibilities, timelines, milestones, and processes for continuous improvement to accomplish project tasks.
(2)The qualifications, including experience, education, and training of proposed key personnel.
(e)*Evaluation* (10 points).
(1)The extent to which the applicant's evaluation plan includes the use of objective measures that are clearly related to the goals of the project to raise student achievement and increase teacher effectiveness, including the extent to which the evaluation will produce quantitative and qualitative data.
(2)The extent to which the applicant includes adequate evaluation procedures for ensuring feedback and continuous improvement in the operation of the proposed project.
(3)The extent to which the applicant commits to participating in a rigorous national evaluation that will provide a common design methodology, data collection instruments, and performance measures for all grantees funded under this competition. VI. Award Administration Information 1. *Award Notices:* If your application is successful, we notify your U.S. Representative and U.S. Senators and send you a Grant Award Notification (GAN). We may also notify you informally. If your application is not evaluated or not selected for funding, we notify you. 2. *Administrative and National Policy Requirements:* We identify administrative and national policy requirements in the application package and reference these and other requirements in the *Applicable Regulations* section of this notice. We reference the regulations outlining the terms and conditions of an award in the * Applicable Regulations* section of this notice and include these and other specific conditions in the GAN. The GAN also incorporates your approved application as part of your binding commitments under the grant. 3. *Reporting:* At the end of the project period, recipients must submit a final performance report, including financial information, as directed by the Secretary. If you receive a multi-year award, you must submit an annual performance report that provides the most current performance and financial expenditure information as specified by the Secretary in 34 CFR 75.118. 4. *Performance Measures:* Pursuant to the Government Performance and Results Act (GPRA), the Department has established the following performance measures that it will use to evaluate the overall effectiveness of the grantee's project, as well as the TIF program as a whole:
(1)Changes in LEA personnel deployment practices, as measured by changes over time in the percentage of teachers and principals in high-need schools who have a record of effectiveness; and
(2)Changes in teacher and principal compensation systems in participating LEAs, as measured by the percentage of a district's personnel budget that is used for performance-related payments to effective (as measured by student achievement gains) teachers and principals. All grantees will be expected to submit an annual performance report documenting their success in addressing these performance measures. The Department will use the applicant's performance data for program management and administration, in such areas as determining new and continuation funding and planning technical assistance. VII. Agency Contacts *For Further Information Contact:* Margaret McNeely, U.S. Department of Education, 400 Maryland Avenue, SW., room 3W103, Washington, DC 20202-6200, or Sheila Sjolseth, Department of Education, 400 Maryland Avenue, SW., room 3W237, Washington, DC 20202-6200. Or by phone at
(202)205-5224. Or by e-mail: * tif@ed.gov* or by Internet at the following Web site: *http://www.ed.gov/programs/teacherincentive/index.html.* If you use a telecommunications device for the deaf (TDD), you may call the Federal Relay Service
(FRS)at 1-800-877-8339. Individuals with disabilities may obtain this document in an alternative format (e.g., Braille, large print, audiotape, or computer diskette) on request to the individuals listed in this section. VIII. Other Information *Electronic Access to This Document:* You may view this document, as well as all other documents of this Department published in the **Federal Register** , in text or Adobe Portable Document Format
(PDF)on the Internet at the following site: *www.ed.gov/news/fedregister. * To use PDF you must have Adobe Acrobat Reader, which is available free at this site. If you have questions about using PDF, call the U.S. Government Printing Office (GPO), toll free, at 1-888-293-6498; or in the Washington, DC, area at
(202)512-1530. Note: The official version of this document is the document published in the **Federal Register** . Free Internet access to the official edition of the **Federal Register** and the Code of Federal Regulations is available on GPO Access at: *www.gpoaccess.gov/nara/index.html.* Dated: April 26, 2006. Henry L. Johnson, Assistant Secretary for Elementary and Secondary Education. [FR Doc. E6-6531 Filed 4-28-06; 8:45 am] BILLING CODE 4000-01-P DEPARTMENT OF ENERGY Environmental Management Site-Specific Advisory Board, Paducah AGENCY: Department of Energy (DOE). ACTION: Notice of open meeting. SUMMARY: This notice announces a meeting of the Environmental Management Site-Specific Advisory Board (EM SSAB), Paducah. The Federal Advisory Committee Act (Pub. L. No. 92-463, 86 Stat. 770) requires that public notice of this meeting be announced in the **Federal Register** . DATES: Thursday, May 18, 2006, 5:30 p.m.-9 p.m. ADDRESSES: 111 Memorial Drive, Barkley Centre, Paducah, Kentucky 42001. FOR FURTHER INFORMATION CONTACT: William E. Murphie, Deputy Designated Federal Officer, Department of Energy Portsmouth/Paducah Project Office, 1017 Majestic Drive, Suite 200, Lexington, Kentucky 40513,
(859)219-4001. SUPPLEMENTARY INFORMATION: *Purpose of the Board:* The purpose of the Board is to make recommendations to DOE in the areas of environmental restoration, waste management and related activities. *Tentative Agenda:* 5:30 p.m.—Informal Discussion 6 p.m.—Call to Order Introductions Review of Agenda Approval of April Minutes 6:15 p.m.—Deputy Designated Federal Officer's Comments 6:35 p.m.—Federal Coordinator's Comments 6:40 p.m.—Ex-officios' Comments 6:50 p.m.—Public Comments and Questions 7 p.m.—Task Forces/Presentations • Land Acquisition Study Statement of Work • Water Disposition/Water Quality Task Force—End State Maps 8 p.m. Public Comments and Questions 8:10 p.m. Break 8:20 p.m. Administrative Issues • Preparation for June Presentation • Budget Review • Review of Work Plan • Review of Next Agenda 8:30 p.m. Review of Action Items 8:35 p.m. Subcommittee Report • Executive Committee—Chairs Meeting Review 8:50 p.m. Final Comments 9 p.m. Adjourn *Public Participation:* The meeting is open to the public. Written statements may be filed with the Board either before or after the meeting. Individuals who wish to make oral statements pertaining to agenda items should contact David Dollins at the address listed below or by telephone at
(270)441-6819. Requests must be received five days prior to the meeting and reasonable provision will be made to include the presentation in the agenda. The Deputy Designated Federal Officer is empowered to conduct the meeting in a fashion that will facilitate the orderly conduct of business. Individuals wishing to make public comment will be provided a maximum of five minutes to present their comments. *Minutes:* The minutes of this meeting will be available for public review and copying at the U.S. Department of Energy's Freedom of Information Public Reading Room, 1E-190, Forrestal Building, 1000 Independence Avenue, SW., Washington, DC 20585 between 9 a.m. and 4 p.m., Monday-Friday, except Federal holidays. Minutes will also be available at the Department of Energy's Environmental Information Center and Reading Room at 115 Memorial Drive, Barkley Centre, Paducah, Kentucky between 8 a.m. and 5 p.m. on Monday through Friday or by writing to David Dollins, Department of Energy, Paducah Site Office, Post Office Box 1410, MS-103, Paducah, Kentucky 42001 or by calling him at
(270)441-6819. Issued at Washington, DC on April 25, 2006. Rachel M. Samuel, Deputy Advisory Committee Management Officer. [FR Doc. E6-6524 Filed 4-28-06; 8:45 am] BILLING CODE 6450-01-P DEPARTMENT OF ENERGY Energy Information Administration Agency Information Collection Activities: Proposed Collection; Comment Request AGENCY: Energy Information Administration (EIA), Department of Energy (DOE). ACTION: Agency Information Collection Activities: Proposed Collection; Comment Request. SUMMARY: The EIA is soliciting comments on the proposed three-year extension to the DOE-887, “DOE Customer Surveys,” to the Office of Management and Budget
(OMB)for review and a three-year extension under section 3507(h)(1) of the Paperwork Reduction Act of 1995 (Pub. L. 104-13) (44 U.S.C. 3501 *et seq* .). DATES: Comments must be filed by June 30, 2006. If you anticipate difficulty in submitting comments within that period, contact the person listed below as soon as possible. ADDRESSES: Send comments to Kara Norman. To ensure receipt of the comments by the due date, submission by FAX (202-287-1705) or e-mail ( *kara.norman@eia.doe.gov* ) is recommended. The mailing address is Statistics and Methods Group (EI-70), Forrestal Building, U.S. Department of Energy, Washington, DC 20585-0670. Alternatively, Kara Norman may be contacted by telephone at 202-287-1902. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of any forms and instructions should be directed to Kara Norman at the address listed above. SUPPLEMENTARY INFORMATION: I. Background II. Current Actions III. Request for Comments I. Background The Federal Energy Administration Act of 1974 (Pub. L. 93-275, 15 U.S.C. 761 *et seq.* ) and the DOE Organization Act (Pub. L. 95-91, 42 U.S.C. 7101 *et seq.* ) require the EIA to carry out a centralized, comprehensive, and unified energy information program. This program collects, evaluates, assembles, analyzes, and disseminates information on energy resource reserves, production, demand, technology, and related economic and statistical information. This information is used to assess the adequacy of energy resources to meet near and longer term domestic demands. The EIA, as part of its effort to comply with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. Chapter 35), provides the general public and other Federal agencies with opportunities to comment on collections of energy information conducted by or in conjunction with the EIA. Any comments received help the EIA to prepare data requests that maximize the utility of the information collected, and to assess the impact of collection requirements on the public. Also, the EIA will later seek approval by the Office of Management and Budget
(OMB)under Section 3507(a) of the Paperwork Reduction Act of 1995. On September 11, 1993, the President signed Executive Order No. 12862 aimed at “* * * ensuring the Federal government provides the highest quality service possible to the American people.” The Order discusses surveys as a means for determining the kinds and qualities of service desired by Federal Government customers and for determining satisfaction levels for existing services. These voluntary customer surveys will be used to ascertain customer satisfaction with the Department of Energy in terms of services and products. Respondents will be individuals and organizations that are the recipients of the Department's services and products. Previous customer surveys have provided useful information to the Department for assessing how well the Department is delivering its services and products and for making improvements. The results are used internally and summaries are provided to the Office of Management and Budget on an annual basis, and are used to satisfy the requirements and the spirit of Executive Order No. 12862. II. Current Actions The request to OMB will be for a three-year extension of the expiration date of approval for the Form DOE-887 “DOE Customer Surveys”. Examples of previously conducted customer surveys are available upon request. Our planned activities in the next three years reflect our increased emphasis on and expansion of these activities, including an increased use of electronic means for obtaining customer input (World Wide Web). III. Request for Comments Prospective respondents and other interested parties should comment on the actions discussed in item II. The following guidelines are provided to assist in the preparation of comments. General Issues A. Is the proposed collection of information necessary for the proper performance of the functions of the agency and does the information have practical utility? Practical utility is defined as the actual usefulness of information to or for an agency, taking into account its accuracy, adequacy, reliability, timeliness, and the agency's ability to process the information it collects. B. What enhancements can be made to the quality, utility, and clarity of the information to be collected? As a Potential Respondent to the Request for Information A. What actions could be taken to help ensure and maximize the quality, objectivity, utility, and integrity of the information to be collected? B. Are the instructions and definitions clear and sufficient? If not, which instructions need clarification? C. Can the information be submitted by the due date? D. Public reporting burden for this collection is estimated to average .25 hours per response. The estimated burden includes the total time necessary to provide the requested information. In your opinion, how accurate is this estimate? E. The agency estimates that the only cost to a respondent is for the time it will take to complete the collection. Will a respondent incur any start-up costs for reporting, or any recurring annual costs for operation, maintenance, and purchase of services associated with the information collection? F. What additional actions could be taken to minimize the burden of this collection of information? Such actions may involve the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology. G. Does any other Federal, State, or local agency collect similar information? If so, specify the agency, the data element(s), and the methods of collection. As a Potential User of the Information To Be Collected A. What actions could be taken to help ensure and maximize the quality, objectivity, utility, and integrity of the information disseminated? B. Is the information useful at the levels of detail to be collected? C. For what purpose(s) would the information be used? Be specific. D. Are there alternate sources for the information and are they useful? If so, what are their weaknesses and/or strengths? Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of the form. They also will become a matter of public record. Statutory Authority: Section 3507(h)(1) of the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. Chapter 35). Issued in Washington, DC, April 19, 2006. Jay H. Casselberry, Agency Clearance Officer, Energy Information Administration. [FR Doc. E6-6527 Filed 4-28-06; 8:45 am] BILLING CODE 6450-01-P DEPARTMENT OF ENERGY Energy Information Administration Agency Information Collection Activities: Proposed Collection; Comment Request AGENCY: Energy Information Administration (EIA), Department of Energy (DOE). ACTION: Agency information collection activities: proposed collection; comment request. SUMMARY: The EIA is soliciting comments on the proposed changes and three-year extension to the Form EIA-851A, “Domestic Uranium Production Report (Annual),” Form EIA-851Q, “Domestic Uranium Production Report (Quarterly),” and Form EIA-858, “Uranium Marketing Annual Survey.” DATES: Comments must be filed by June 30, 2006. If you anticipate difficulty in submitting comments within that period, contact the person listed below as soon as possible. ADDRESSES: Send comments to Douglas Bonnar. To ensure receipt of the comments by the due date, submission by FAX (202-287-1944) or e-mail ( *douglas.bonnar@eia.doe.gov* ) is recommended. The mailing address is U.S. Department of Energy, EI-52, Forrestal Building, U.S. Department of Energy, telephone at (202-287-1911). FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of any forms and instructions should be directed to Douglas Bonnar at the address listed above. SUPPLEMENTARY INFORMATION: I. Background II. Current Actions III. Request for Comments I. Background The Federal Energy Administration Act of 1974 (Pub. L. 93-275, 15 U.S.C. 761 *et seq.* ) and the DOE Organization Act (Pub. L. 95-91, 42 U.S.C. 7101 *et seq.* ) require the EIA to carry out a centralized, comprehensive, and unified energy information program. This program collects, evaluates, assembles, analyzes, and disseminates information on energy resource reserves, production, demand, technology, and related economic and statistical information. This information is used to assess the adequacy of energy resources to meet near and longer term domestic demands. The EIA, as part of its effort to comply with the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. Chapter 35), provides the general public and other Federal agencies with opportunities to comment on collections of energy information conducted by or in conjunction with the EIA. Any comments received help the EIA to prepare data requests that maximize the utility of the information collected, and to assess the impact of collection requirements on the public. Also, the EIA will later seek approval by the Office of Management and Budget
(OMB)under Section 3507(a) of the Paperwork Reduction Act of 1995. Form EIA-851A collects data on uranium milling and processing, uranium feed sources, employment, drilling, expenditures (for drilling, production, and land/other), and uranium mining. Currently, the reporting burden is estimated to average 2 hours per response. The data are used by public and private analysts and policy makers to monitor the domestic uranium mining and milling industry. Form EIA-851A is completed by uranium producers and firms with uranium exploration, drilling, mining, and reclamation activities in the U.S. (that is, within the 50 States, District of Columbia, Puerto Rico, the Virgin Islands, Guam, and other U.S. possessions) during the survey year. Published data appear on the EIA Web site at *http://www.eia.doe.gov/cneaf/nuclear/dupr/dupr.html.* Form EIA-851Q collects data on monthly uranium production and sources (mines and other). Currently, the reporting burden is estimated to average 0.75 hours per response. The data are used by public and private analysts, the Department of Commerce's International Trade Administration and policy makers to monitor the domestic uranium mining industry. U.S. uranium producers report on the EIA-851Q. Published data appear in the EIA Web site on *http://www.eia.doe.gov/cneaf/nuclear/dupr/qupd.html.* Form EIA-858 collects data on contracts, deliveries (during the report year and projected for the next ten years), enrichment services purchased, inventories, use in fuel assemblies, feed deliveries to enrichers (during the report year and projected for the next ten years), and unfilled market requirements for the next ten years. Currently, the reporting burden is estimated to average 14 hours per response. The data are used by public and private analysts and policy makers to monitor the domestic uranium market. Form EIA-858 is completed by uranium suppliers and owners and operators of U.S. civilian nuclear power reactors firms and individuals that were involved in the U.S. uranium industry (that is, within the 50 States, District of Columbia, Puerto Rico, the Virgin Islands, Guam, and other U.S. possessions) during the survey year. Published data appear in the EIA Web site on *http://www.eia.doe.gov/cneaf/nuclear/umar/umar.html.* II. Current Actions EIA will be requesting a three-year extension of approval to its 3 uranium surveys with the following 2 survey changes. Form EIA-851A “Domestic Uranium Production Report (Annual)”: EIA proposes slightly increasing the collection of details related to four of the seven current data items, (Item 1: Facility Information; Item 2: Milling and Processing; Item 3: Feed Source; Item 4: Mine Production; Item 5: Employment; Item 6: Drilling; and Item 7: Expenditures.) The annual burden associated with the collection of this additional detail would be increased by 1 hour for an estimated average 3 hours per response. Specifically, EIA proposes the additional detail of mine production by mine name, by type, by capacity, by State, and by owner in Item 4; employment by State in Item 5; by exploration drilling and by development drilling in Item 6; and land, exploration, and reclamation expenditures in Item 7. These details were not collected previously because of the small U.S. production industry, and this increase in burden is minimal. Items 1 through 3 will not collect additional detail information. Form EIA-858 “Uranium Marketing Annual Survey”: EIA proposes collecting one new data price ( *Average-Price per Separative Work Unit (SWU)* ) in Item 2: Enrichment Services Purchased by Owners and Operators of Civilian Nuclear Power Reactors. The annual burden would be increased by 1 hour for an estimated average 15 hours per response. The term “SWU” stands for “Separative Work Unit”. It is a measure of the amount of work (energy) that is required to separate raw uranium into two components—a valuable component
(U235)and a waste component (U238). Generally speaking, the more SWUs that are expended in the separation process, the greater the degree of efficiency of separation; and the less valuable material
(U235)that is lost in the U238 waste stream. However, the energy that goes into separating uranium has a cost associated with it. EIA already collects information on raw uranium price and quantities purchased. However, this provides only a partial picture of the market. EIA now proposes to collect average SWU price data from nuclear electric utilities on an annual basis because this information is critical to understanding the overall dynamics and underlying fundamentals of the current nuclear fuels market and utility choices. III. Request for Comments Prospective respondents and other interested parties should comment on the actions discussed in item II. The following guidelines are provided to assist in the preparation of comments. Please indicate to which form(s) your comments apply. General Issues A. Is the proposed collection of information necessary for the proper performance of the functions of the agency and does the information have practical utility? Practical utility is defined as the actual usefulness of information to or for an agency, taking into account its accuracy, adequacy, reliability, timeliness, and the agency's ability to process the information it collects. B. What enhancements can be made to the quality, utility, and clarity of the information to be collected? As a Potential Respondent to the Request for Information A. What actions could be taken to help ensure and maximize the quality, objectivity, utility, and integrity of the information to be collected? B. Are the instructions and definitions clear and sufficient? If not, which instructions need clarification? C. Can the information be submitted by the due date? D. Public reporting burden for this collection is estimated to average 3 hours per response for Form EIA-851A, 0.75 hours per response for Form EIA-851Q, and 15 hours per response for Form EIA-858. The estimated burden includes the total time necessary to provide the requested information. In your opinion, how accurate is this estimate? E. The agency estimates that the only cost to a respondent is for the time it will take to complete the collection. Will a respondent incur any start-up costs for reporting, or any recurring annual costs for operation, maintenance, and purchase of services associated with the information collection? F. What additional actions could be taken to minimize the burden of this collection of information? Such actions may involve the use of automated, electronic, mechanical, or other technological collection techniques or other forms of information technology. G. Does any other Federal, State, or local agency collect similar information? If so, specify the agency, the data element(s), and the methods of collection. As a Potential User of the Information To Be Collected A. What actions could be taken to help ensure and maximize the quality, objectivity, utility, and integrity of the information disseminated? B. Is the information useful at the levels of detail to be collected? C. For what purpose(s) would the information be used? Be specific. D. Are there alternate sources for the information and are they useful? If so, what are their weaknesses and/or strengths? Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval of the form. They also will become a matter of public record. Statutory Authority: Section 3507(h)(1) of the Paperwork Reduction Act of 1995 (Pub. L. 104-13, 44 U.S.C. Chapter 35). Issued in Washington, DC, April 19, 2006. . Jay H. Casselberry, Agency Clearance Officer, Energy Information Administration. [FR Doc. E6-6529 Filed 4-28-06; 8:45 am] BILLING CODE 6450-01-P ENVIRONMENTAL PROTECTION AGENCY [FRL-8163-9] Ambient Air Monitoring Reference and Equivalent Methods: Designation of Five New Reference or Equivalent Methods AGENCY: Environmental Protection Agency. ACTION: Notice of the designation of five new reference or equivalent methods for monitoring ambient air quality. SUMMARY: Notice is hereby given that the Environmental Protection Agency
(EPA)has designated two new reference methods for measuring concentrations of nitrogen dioxide (NO <sup>2</sup> ) and carbon monoxide
(CO)in the ambient air, and three new equivalent methods for measuring concentrations of sulfur dioxide (SO <sup>2</sup> ) and ozone (O <sup>3</sup> ) in the ambient air. FOR FURTHER INFORMATION CONTACT: Elizabeth Hunike, Human Exposure and Atmospheric Sciences Division (MD-D205-03), National Exposure Research Laboratory, U.S. EPA, Research Triangle Park, North Carolina 27711. Phone:
(919)541-3737, e-mail: *Hunike.Elizabeth@epa.gov.* SUPPLEMENTARY INFORMATION: In accordance with regulations at 40 CFR part 53, the EPA evaluates various methods for monitoring the concentrations of those ambient air pollutants for which EPA has established National Ambient Air Quality Standards (NAAQSs) as set forth in 40 CFR part 50. Monitoring methods that are determined to meet specific requirements for adequacy are designated by the EPA as either reference methods or equivalent methods (as applicable), thereby permitting their use under 40 CFR part 58 by States and other agencies for determining attainment of the NAAQSs. The EPA hereby announces the designation of two new reference methods for measuring concentrations of NO <sup>2</sup> and CO in the ambient air, and three new equivalent methods for measuring concentrations of SO <sup>2</sup> and O <sup>3</sup> in the ambient air. These designations are made under the provisions of 40 CFR part 53, as amended on July 18, 1997 (62 FR 38764). The new reference method for NO2 is an automated method (analyzer) that utilizes the measurement principle (gas phase chemiluminescence) and calibration procedure specified in appendix F of 40 CFR part 50. This newly designated NO <sup>2</sup> reference method is identified as follows: RFNA-0506-0157, “Horiba Instruments Incorporated Model APNA-370 Ambient NO <sup>X</sup> Monitor,” standard specification, operated with a full scale fixed measurement range of 0-0.50 ppm with the automatic range switching off, at any ambient temperature in the range of 20 °C to 30 °C, and with a 0.3 micrometer sample particulate filter installed. The new reference method for CO is an automated method (analyzer) that utilizes the measurement principle (non-dispersive infra-red absorption photometry) and calibration procedure specified in appendix C of 40 CFR part 50. This newly designated CO reference method is identified as follows: RFCA-0506-158, “Horiba Instruments Incorporated Model APMA-370 Ambient CO Monitor,” operated with a full scale fixed measurement range of 0-50 ppm, with the automatic range switching off, at any environmental temperature in the range of 20 °C to 30 °C. The new equivalent method for SO <sup>2</sup> is an automated method (analyzer) that utilizes a measurement principle based on ultraviolet fluorescence. This newly designated SO <sup>2</sup> equivalent method is identified as follows: EQSA-0506-159, “Horiba Instruments Incorporated Model APSA-370 Ambient SO <sup>2</sup> 2 Monitor,” operated with a full scale fixed measurement range of 0-0.50 ppm, with the automatic range switching off, at any environmental temperature in the range of 20 °C to 30 °C. The two new equivalent methods for O <sup>3</sup> are automated methods (analyzers) that utilize a measurement principle based on absorption of ultraviolet light by ozone at a wavelength of 254 nm. These newly designated equivalent methods are identified as follows: EQOA-0506-160, “Horiba Instruments Incorporated APOA-370 Ambient O <sup>3</sup> Monitor,” standard specification, operated with a full-scale fixed measurement range of 0-0.5 ppm, with the automatic range switching off, at any temperature in the range of 20 to 30 °C. EQOA-0506-161, “Seres OZ 2000 G Ozone Ambient Air Analyzer,” operated with a full scale range of 0-0.5 ppm, at any temperature in the range of 20 °C to 30 °C, and with or without either of the following options: Internal ozone generator, teletransmission interface. Applications for the Horiba reference and equivalent method determinations were received by the EPA on August 23 (2), September 9, and September 23, 2005. The Horiba methods are available commercially from the applicant, Horiba Instruments Incorporated, 17671 Armstrong Avenue, Irvine, CA 92614 ( *http://www.horiba.com* ). The Seres equivalent method application was received by the EPA on November 9, 2005, and the Seres method is available commercially from the applicant, Seres, 360, Rue Louis de Broglie, La Duranne BP 87000, 13793 Aix en Provence, Cedex 3, France ( *http://www.seres-france.com* ). A test analyzer representative of each of these methods has been tested in accordance with the applicable test procedures specified in 40 CFR part 53 (as amended on July 18, 1997). After reviewing the results of those tests and other information submitted by the applicants in the respective applications, EPA has determined, in accordance with part 53, that each of these methods should be designated as a reference or equivalent method, as applicable. The information submitted by the applicants in their respective applications will be kept on file, either at EPA's National Exposure Research Laboratory, Research Triangle Park, North Carolina 27711 or in an approved archive storage facility, and will be available for inspection (with advance notice) to the extent consistent with 40 CFR part 2 (EPA's regulations implementing the Freedom of Information Act). As a designated reference or equivalent method, each of these methods is acceptable for use by states and other air monitoring agencies under the requirements of 40 CFR part 58, Ambient Air Quality Surveillance. For such purposes, the method must be used in strict accordance with the operation or instruction manual associated with the method and subject to any specifications and limitations ( *e.g.* , configuration or operational settings) specified in the applicable designation method description (see the identifications of the methods above). Use of each method should also be in general accordance with the guidance and recommendations of applicable sections of the “Quality Assurance Handbook for Air Pollution Measurement Systems, Volume I,” EPA/600/R-94/038a and “Quality Assurance Handbook for Air Pollution Measurement Systems, Volume II, Part 1,” EPA-454/R-98-004 (available at *http://www.epa.gov/ttn/amtic/qabook.html* ). Vendor modifications of a designated reference or equivalent method used for purposes of part 58 are permitted only with prior approval of the EPA, as provided in part 53. Provisions concerning modification of such methods by users are specified under section 2.8 (Modifications of Methods by Users) of appendix C to 40 CFR part 58. In general, a method designation applies to any sampler or analyzer which is identical to the sampler or analyzer described in the application for designation. In some cases, similar samplers or analyzers manufactured prior to the designation may be upgraded or converted ( *e.g.* , by minor modification or by substitution of the approved operation or instruction manual) so as to be identical to the designated method and thus achieve designated status. The manufacturer should be consulted to determine the feasibility of such upgrading or conversion. Part 53 requires that sellers of designated reference or equivalent method analyzers or samplers comply with certain conditions. These conditions are specified in 40 CFR 53.9 and are summarized below:
(a)A copy of the approved operation or instruction manual must accompany the sampler or analyzer when it is delivered to the ultimate purchaser.
(b)The sampler or analyzer must not generate any unreasonable hazard to operators or to the environment.
(c)The sampler or analyzer must function within the limits of the applicable performance specifications given in 40 CFR parts 50 and 53 for at least one year after delivery when maintained and operated in accordance with the operation or instruction manual.
(d)Any sampler or analyzer offered for sale as part of a reference or equivalent method must bear a label or sticker indicating that it has been designated as part of a reference or equivalent method in accordance with part 53 and showing its designated method identification number.
(e)If such an analyzer has two or more selectable ranges, the label or sticker must be placed in close proximity to the range selector and indicate which range or ranges have been included in the reference or equivalent method designation.
(f)An applicant who offers samplers or analyzers for sale as part of a reference or equivalent method is required to maintain a list of ultimate purchasers of such samplers or analyzers and to notify them within 30 days if a reference or equivalent method designation applicable to the method has been canceled or if adjustment of the sampler or analyzer is necessary under 40 CFR 53.11(b) to avoid a cancellation.
(g)An applicant who modifies a sampler or analyzer previously designated as part of a reference or equivalent method is not permitted to sell the sampler or analyzer (as modified) as part of a reference or equivalent method (although it may be sold without such representation), nor to attach a designation label or sticker to the sampler or analyzer (as modified) under the provisions described above, until the applicant has received notice under 40 CFR 53.14(c) that the original designation or a new designation applies to the method as modified, or until the applicant has applied for and received notice under 40 CFR 53.8(b) of a new reference or equivalent method determination for the sampler or analyzer as modified. Aside from occasional breakdowns or malfunctions, consistent or repeated noncompliance with any of these conditions should be reported to: Director, Human Exposure and Atmospheric Sciences Division (MD-E205-01), National Exposure Research Laboratory, U.S. Environmental Protection Agency, Research Triangle Park, North Carolina 27711. Designation of these new reference and equivalent methods is intended to assist the States in establishing and operating their air quality surveillance systems under 40 CFR part 58. Questions concerning the commercial availability or technical aspects of the method should be directed to the applicant. Lawrence W. Reiter, Director, National Exposure Research Laboratory. [FR Doc. E6-6539 Filed 4-28-06; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [FRL-8164-1] National Advisory Council for Environmental Policy and Technology AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of meeting. SUMMARY: Under the Federal Advisory Committee Act, P.L. 92463, EPA gives notice of a meeting of the National Advisory Council for Environmental Policy and Technology (NACEPT). NACEPT provides advice to the EPA Administrator on a broad range of environmental policy, technology, and management issues. The Council is a panel of individuals who represent diverse interests from academia, industry, non-governmental organizations, and local, state, and tribal governments. The purpose of this meeting is to discuss the FY06-07 NACEPT agenda, including sustainable water infrastructure, environmental stewardship, cooperative conservation, energy and the environment, environmental technology, EPA's 2006-2011 Draft Strategic Plan, and environmental indicators. A copy of the agenda for the meeting will be posted at *http://www.epa.gov/ocem/nacept/cal-nacept.htm.* DATES: NACEPT will hold a two day open meeting on Thursday, May 18, from 8:30 a.m. to 5:30 p.m. and Friday, May 19, from 9:30 a.m. to 2 p.m. ADDRESSES: The meeting will be held at The Madison Hotel, 1177 15th Street, NW., Washington, DC 20005. The meeting is open to the public, with limited seating on a first-come, first-served basis. FOR FURTHER INFORMATION CONTACT: Sonia Altieri, Designated Federal Officer, *altieri.sonia@epa.gov,*
(202)233-0061, U.S. EPA, Office of Cooperative Environmental Management (1601E), 1200 Pennsylvania Avenue, NW., Washington, DC 20460. SUPPLEMENTARY INFORMATION: Requests to make oral comments or to provide written comments to the Council should be sent to Sonia Altieri, Designated Federal Officer, at the contact information above. The public is welcome to attend all portions of the meeting. *Meeting Access:* For information on access or services for individuals with disabilities, please contact Sonia Altieri at 202-233-0061 or *altieri.sonia@epa.gov.* To request accommodation of a disability, please contact Sonia Altieri, preferably at least 10 days prior to the meeting, to give EPA as much time as possible to process your request. Dated: April 17, 2006. Sonia Altieri, Designated Federal Officer. [FR Doc. E6-6540 Filed 4-28-06; 8:45 am] BILLING CODE 6560-50-P ENVIRONMENTAL PROTECTION AGENCY [FRL-8163-6] SES Performance Review Board; Membership AGENCY: Environmental Protection Agency (EPA). ACTION: Notice. SUMMARY: Notice is hereby given of the membership of the EPA Performance Review Board. DATES: This is effective on May 1, 2006. FOR FURTHER INFORMATION CONTACT: Judith M. King, Director, Executive Resources Staff, 3611A, Office of Human Resources, Office of Administration and Resources Management, Environmental Protection Agency, 1200 Pennsylvania Avenue, NW., Washington, DC 20460
(202)564-0400. SUPPLEMENTARY INFORMATION: Section 4314(c)(1) through
(5)of Title 5, U.S.C., requires each agency to establish in accordance with regulations prescribed by the Office of Personnel Management, one or more SES performance review boards. This board shall review and evaluate the initial appraisal of a senior executive's performance by the supervisor, along with any recommendations to the appointment authority relative to the performance of the senior executive. *Members of the EPA Performance Review Board are:* William G. Laxton (Chair), Acting Director, Office of Human Resources, Office of Administration and Resources Management George W. Alapas, Deputy Director for Management, National Center for Environmental Assessment, Office of Research and Development Gerald M. Clifford, Deputy Assistant Administrator, Office of International Affairs Kerrigan G. Clough, Deputy Regional Administrator, Region 8 Howard F. Corcoran, Director, Office of Grants and Debarment, Office of Administration and Resources Management Nanci E. Gelb, Deputy Director, Office of Ground Water and Drinking Water, Office of Water Robin L. Gonzalez, Director, National Technology Services Division-RTP, Office of Environmental Information Gregory A. Green, Deputy Director, Office of Air Quality Planning and Standards, RTP, Office of Air and Radiation Sally C. Gutierrez, Director, National Risk Management Research Laboratory, Cincinnati, Office of Research and Development Susan B. Hazen, Principal Deputy Assistant Administrator, Office of Prevention, Pesticides and Toxic Substances Karen D. Higgenbotham (Ex-Officio), Director, Office of Civil Rights, Office of the Administrator Nancy J. Marvel, Regional Counsel, Region 9, Office of Enforcement and Compliance Assurance Kathleen S. O'Brien, Deputy Director, Office of Planning, Analysis, and Accountability, Office of the Chief Financial Officer James T. Owens III, Director, Office of Administration and Resources Management, Region 1 George Pavlou, Director, Emergency and Remedial Response Division, Region 2 Stephen G. Pressman, Associate General Counsel (Civil Rights), Office of General Counsel Elizabeth Southerland, Director, Assessment and Remediation Division, Office of Solid Waste and Emergency Response Cecilia M. Tapia, Director, Superfund Division, Region 7 Louise P. Wise, Principal Deputy Associate Administrator for Policy, Economics and Innovation, Office of the Administrator Judith King (Executive Secretary), Acting Director, Executive Resources Staff, Office of Human, Resources, Office of Administration and Resources Management Dated: April 21, 2006. Sherry A. Kaschak, Acting Assistant Administrator for Administration and Resources Management. [FR Doc. E6-6537 Filed 4-28-06; 8:45 am] BILLING CODE 6560-50-P EXPORT-IMPORT BANK OF THE UNITED STATES Sunshine Act Meeting AGENCY: Export-Import Bank of the United States. ACTION: Cancellation of a Government in the Sunshine Meeting. Original Time and Place: Thursday, April 27, 2006 at 9:30 a.m. Place: Room 1143, 811 Vermont Avenue, NW., Washington, DC 20571. The Export-Import Bank of the United States has cancelled the Government in the Sunshine meeting which was scheduled for April 27, 2006. The Bank will reschedule this meeting at a future date. Earlier announcement of this cancellation was not possible. FOR FURTHER INFORMATION CONTACT: For further information, contact: Office of the Secretary, 811 Vermont Avenue, NW., Washington, DC 20571 (Tele. No. 202-565-3957). Howard A. Schweitzer, General Counsel (Acting). [FR Doc. 06-4101 Filed 4-26-06; 4:08 am]
Connectionstraces to 15
★   the supreme law of the land   ★
Don't Tread on Me
E Pluribus Unum — out of many, one

"If you don't know your rights, you don't have any."

Marginalia · a citizen's law index
A research desk, not legal advice. Always read the cited source before relying on a summary.
Questions or an issue? support@self-law.org
disclaimerMarginalia is a research index, not a law firm. Nothing on this site is legal, tax, or financial advice and no attorney–client relationship is formed by using it. Statutes, regulations, and case law change; summaries, search results, AI output, and member posts may be incomplete, out of date, or wrong. Any interpretation drawn from material on this site should be validated by a licensed attorney in your jurisdiction before you act on it.