Notices. Institution of declaratory order proceeding; request for comments

5,027 words·~23 min read·/register/2006/05/19/06-4614

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

BILLING CODE 4910-60-M DEPARTMENT OF TRANSPORTATION Surface Transportation Board [STB Finance Docket No. 34865] Arkansas Midland Railroad Company, Inc.—Petition for Declaratory Order—Caddo Valley Railroad Company AGENCY: Surface Transportation Board, DOT. ACTION: Institution of declaratory order proceeding; request for comments. SUMMARY: In response to a petition filed by the Arkansas Midland Railroad Company, Inc. (AKMD), the Board is instituting a declaratory order proceeding under 49 U.S.C. 721 and 5 U.S.C. 554(e) to determine if the right of first refusal provided in 49 U.S.C. 10907(h), to repurchase a line sold under the Feeder Line Development Program, applies when a transfer of control of a feeder line operator occurs by stock sale.

Responses to the petition have been filed by Caddo Valley Railroad Company (CVR); Bean Lumber Company and Curt Bean Lumber Company (Bean Companies); GS Roofing Products Company, Inc.

(GS)and CertainTeed Corporation (CertainTeed); and Pioneer Railcorp (Pioneer) (jointly, Respondents). International Paper Company

(IP)also has submitted a response. The Board seeks public comment on this issue. DATES: Comments are due June 19, 2006. Replies are due June 29, 2006. ADDRESSES: Send an original and 10 copies of any comments, referring to STB Finance Docket No. 34865, to: Surface Transportation Board, 1925 K Street, NW., Washington, DC 20423-0001. In addition, send one copy of comments to

(1)AKMD's representative, William C. Sippel, Fletcher & Sippel LLC, 29 North Wacker Drive, Suite 920, Chicago, IL 60606-2832;

(2)CVR and Bean Companies' representative, Richard H. Streeter, Barnes & Thornburg LLP, 750 17th Street, NW., Suite 900, Washington, DC 20006-4675;

(3)GS and CertainTeed's representative, Mark J. Andrews, Strasburger & Price, LLP, 1800 K Street, NW., Suite 301, Washington, DC 20006;

(4)Pioneer's representative, Daniel A. LaKemper, Pioneer Railcorp, 1318 S. Johanson Road, Peoria, IL 61607; and

(5)IP's representative, Edward D. Greenberg, Galland, Kharasch, Greenberg, Fellman & Swirsky, P.C., 1054 Thirty-First Street, NW., Washington, DC 20007-4492. FOR FURTHER INFORMATION CONTACT: Joseph H. Dettmar,

(202)565-1609. [Assistance for the hearing impaired is available through the Federal Information Relay Service

(FIRS)at: 1-800-877-8339]. SUPPLEMENTARY INFORMATION: AKMD's petition for declaratory order concerns the Norman Branch line between Gurdon and Birds Mill, AR, which AKMD was forced to sell under the Feeder Line Development Program at 49 U.S.C. 10907. *See Caddo Antoine, et al.—Feeder Li. Acq.—Arkansas Midland RR* , 4 S.T.B. 610 (2000); *GS Roofing Products Co.* v. *STB* , 262 F.3d 767 (8th Cir. 2001). The Bean Companies and CertainTeed's subsidiary, GS, were two of the five shippers authorized to acquire the line. According to the petition, the shippers created a corporation, CVR, to own the assets of, and to operate, the line. 1 1 It is unclear who currently owns CVR's stock. AKMD claims that the shippers are now proposing to sell the stock ownership of CVR to Pioneer, an owner of several Class III shortline railroads. AKMD claims that the proposed sale of all of CVR's stock will subvert its first-refusal rights under 49 U.S.C. 10907(h). 2 AKMD asserts that, if the stock sale goes forward, it would defeat the right of first refusal provision in section 10907(h) in circumstances such as in this case, and it asks the Board to determine that the proposed sale of CVR's stock cannot proceed until the Norman Branch is first offered to it for repurchase. 2 Section 10907(h) provides that: “If a purchasing carrier under this section proposes to sell or abandon all or any portion of a purchased railroad line, such purchasing carrier shall offer the right of first refusal with respect to such line or portion thereof to the carrier which sold such line under this section. Such offer shall be made at a price equal to the sum of the price paid by such purchasing carrier to such selling carrier for such line or portion thereof and the fair market value (less deterioration) of any improvements made, as adjusted to reflect inflation.” Respondents oppose AKMD's petition, asserting that CVR is neither selling nor abandoning the line, so that section 10907(h) is not applicable. Respondents argue that, had Congress intended to include stock acquisitions in section 10907(h), it would have done so. According to Respondents, following the stock sale, the rail line will continue to be an asset of CVR and, should CVR ever elect to sell or abandon any portion of the line, AKMD could then invoke its first-refusal rights under section 10907(h). Respondents contend that the Feeder Line Development Program has worked as intended on the Norman Branch. They state that CVR provided service on the line from September 2000 until the summer of 2005, when the line was embargoed due to the need to make certain repairs. They indicate that CVR resumed service after obtaining funding from the State of Arkansas for those repairs. Respondents explain that CVR's shareholders have determined that preservation of rail service would best be served by having the shippers sell their stock in CVR to an experienced investor who is willing to operate the line. They have begun discussions with Pioneer, an experienced shortline operator, to invest in the line and fund rehabilitation. They claim that CVR is attempting to further the purposes of the Feeder Line Development Program by finding a new shareholder to enhance the future viability of service to shippers on the line. Respondents request expedited action on this matter. IP, the major shipper on the line, questions whether the proposed transfer of control of the Norman Branch to Pioneer would result in the restoration of service levels that existed when AKMD operated the line and agrees that AKMD has raised a significant legal issue that the Board needs to resolve on the merits. 3 3 By pleading filed May 9, 2006, CVR has sought to file a reply to IP's submission, addressing IP's claims of service deficiencies, or, alternatively, a motion to strike. To ensure a complete record, CVR's reply will be accepted into the record. The issue presented in AKMD's petition relating to the right of first refusal in section 10907(h) constitutes a matter of first impression at this agency and involves interpretation of the statute. A declaratory order proceeding is instituted to invite broad public comment. Any person seeking to participate in support of, or in opposition to, AKMD's position is invited to submit written comments to the Board regarding when, if ever, a stock sale triggers section 10907(h). Board decisions, notices, and filings in this and other Board proceedings are available on our Web site at *http://www.stb.dot.gov* . Decided: May 12, 2006. By the Board, David M. Konschnik, Director, Office of Proceedings. Vernon A. Williams, Secretary. [FR Doc. E6-7565 Filed 5-18-06; 8:45 am] BILLING CODE 4915-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service Proposed Collection; Comment Request for Form 990-W AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice and request for comments. SUMMARY: The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning Form 990-W, Estimated Tax on Unrelated Business Taxable Income for Tax-Exempt Organizations. DATES: Written comments should be received on or before July 18, 2006 to be assured of consideration. ADDRESSES: Direct all written comments to Glenn Kirkland Internal Revenue Service, room 6512, 1111 Constitution Avenue NW., Washington, DC 20224. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the form and instructions should be directed to Larnice Mack at Internal Revenue Service, room 6512, 1111 Constitution Avenue NW., Washington, DC 20224, or at

(202)622-3179, or through the internet at ( *Larnice.Mack@irs.gov* ). SUPPLEMENTARY INFORMATION: *Title:* Estimated Tax on Unrelated Business Taxable Income for Tax-Exempt Organizations. *OMB Number:* 1545-0976. *Form Number:* 990-W. *Abstract:* Form 990-W is used by tax-exempt trusts and tax-exempt corporations to figure estimated tax liability on unrelated business income and on investment income for private foundations and the amount of each installment payment. Form 990-W is a worksheet only. It is not required to be filed. *Current Actions:* There are no changes being made to the form at this time. *Type of Review:* Extension of a currently approved collection. Affected Public: Not-for-profit institutions and business or other for-profit organizations. *Estimated Number of Respondents:* 28,971. *Estimated Number of Response:* 13 hours, 22 minuites. *Estimated Total Annual Burden Hours:* 387,392. *The following paragraph applies to all of the collections of information covered by this notice:* An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number. Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103. *Request for Comments:* Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record. Comments are invited on:

(a)Whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility;

(b)the accuracy of the agency's estimate of the burden of the collection of information;

(c)ways to enhance the quality, utility, and clarity of the information to be collected;

(d)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology; and

(e)estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information. Approved: May 9, 2006. Glenn Kirkland, IRS Reports Clearance Office. [FR Doc. E6-7620 Filed 5-18-06; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service [REG-251985-96] Proposed Collection; Comment Request for Regulation Project AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice and request for comments. SUMMARY: The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning an existing notice of proposed rulemaking and temporary regulation, REG-251985-96 (TD 8786), Source of Income From Sales of Inventory Partly From Sources Within a Possession of the United State; Also, Source of Income Derived From Certain Purchases From a Corporation Electing Section 936 (§ 1.863-3). DATES: Written comments should be received on or before July 18, 2006 to be assured of consideration. ADDRESSES: Direct all written comments to Glenn Kirkland, Internal Revenue Service, room 6516, 1111 Constitution Avenue, NW., Washington, DC 20224. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the regulations should be directed to Larnice Mack at Internal Revenue Service, room 6512, 1111 Constitution Avenue, NW., Washington, DC 20224, or at

(202)622-3179, or through the Internet at (Larnice.Mack@irs.gov). SUPPLEMENTARY INFORMATION: *Title:* Source of Income From Sales of Inventory Partly From Sources Within a Possession of the United States; Also, Source of Income Derived From Certain Purchases From a Corporation Electing Section 936. *OMB Number:* 1545-1556. *Regulation Project Number:* REG-251985-96. *Abstract:* Section 1.863-3(f)(6) of this regulation requires taxpayers to attach a statement to their tax return furnishing certain information regarding the methodology used to determine the source of their income from cross-border sales of inventory, and the amount of income allocated or apportioned to U.S. or foreign sources in these sales. The information is used by the IRS to establish whether the taxpayer determined the source of its income in accordance with Code section 863. *Current Actions:* There is no change to this existing regulation. *Type of Review:* Extension of a currently approved collection. *Affected Public:* Business or other for-profit organizations. *Estimated Time Per Respondents:* 200. *Estimated Time Per Respondent:* 2 hours., 30 minutes. *Estimated Total Annual Burden Hours:* 500. *The following paragraph applies to all of the collections of information covered by this notice:* An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number. Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103. *Request for Comments:* Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record. Comments are invited on:

(a)Whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility;

(b)the accuracy of the agency's estimate of the burden of the collection of information;

(c)ways to enhance the quality, utility, and clarity of the information to be collected;

(d)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology; and

(e)estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information. Approved: May 11, 2006. Glenn Kirkland, IRS Reports Clearance Officer. [FR Doc. E6-7621 Filed 5-18-06; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service Proposed Collection; Comment Request for Form 8844 AGENCY: Internal Revenue Service (IRS), Treasury. ACTION: Notice and request for comments. SUMMARY: The Department of the Treasury, as part of its continuing effort to reduce paperwork and respondent burden, invites the general public and other Federal agencies to take this opportunity to comment on proposed and/or continuing information collections, as required by the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. 3506(c)(2)(A)). Currently, the IRS is soliciting comments concerning Form 8844, Empowerment Zone Employment Credit. DATES: Written comments should be received on or before July 18, 2006 to be assured of consideration. ADDRESSES: Direct all written comments to Glenn Kirkland Internal Revenue Service, room 6512, 1111 Constitution Avenue NW., Washington, DC 20224. FOR FURTHER INFORMATION CONTACT: Requests for additional information or copies of the form and instructions should be directed to Larnice Mack at Internal Revenue Service, room 6512, 1111 Constitution Avenue NW., Washington, DC 20224, or at

(202)622-3179, or through the internet at *(Larnice.Mack@irs.gov).* SUPPLEMENTARY INFORMATION: *Title:* Empowerment Zone Employment Credit. *OMB Number:* 1545-1444. *Form Number:* Form 8844. *Abstract:* Employers who hire employees who live and work in one of the eleven designated empowerment zones can receive a tax credit for the first $15,000 of wages paid to each employee. The credit is applicable from the date of designation through the year 2004. *Current Actions:* There are no changes being made to the form at this time. *Type of Review:* Extension of a currently approved collection. *Affected Public:* Business or other for-profit organizations, individuals or households, farms and non-profit institutions. *Estimated Number of Respondents:* 40,000. *Estimated Time Per Respondent:* 8 hours, 5 minutes. *Estimated Total Annual Burden Hours:* 353,232. *The following paragraph applies to all of the collections of information covered by this notice:* An agency may not conduct or sponsor, and a person is not required to respond to, a collection of information unless the collection of information displays a valid OMB control number. Books or records relating to a collection of information must be retained as long as their contents may become material in the administration of any internal revenue law. Generally, tax returns and tax return information are confidential, as required by 26 U.S.C. 6103. *Request for Comments:* Comments submitted in response to this notice will be summarized and/or included in the request for OMB approval. All comments will become a matter of public record. Comments are invited on:

(a)Whether the collection of information is necessary for the proper performance of the functions of the agency, including whether the information shall have practical utility;

(b)the accuracy of the agency's estimate of the burden of the collection of information;

(c)ways to enhance the quality, utility, and clarity of the information to be collected;

(d)ways to minimize the burden of the collection of information on respondents, including through the use of automated collection techniques or other forms of information technology; and

(e)estimates of capital or start-up costs and costs of operation, maintenance, and purchase of services to provide information. Approved: May 10, 2006. Glenn Kirkland, IRS Reports Clearance Officer. [FR Doc. E6-7625 Filed 5-18-06; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service Open Meeting of the Small Business/Self Employed—Taxpayer Burden Reduction Committee of the Taxpayer Advocacy Panel AGENCY: Internal Revenue Service

(IRS)Treasury. ACTION: Notice. SUMMARY: An open meeting of the Small Business/Self Employed—Taxpayer Burden Reduction Committee of the Taxpayer Advocacy Panel will be conducted in St. Paul, Minnesota. The TAP will be discussing issues pertaining to increasing compliance and lessening the burden for Small Business/Self Employed individuals. DATES: The meeting will be held Thursday, June 15, 2006. FOR FURTHER INFORMATION CONTACT: Marisa Knispel at 1-888-912-1227 or 718-488-3557. SUPPLEMENTARY INFORMATION: Notice is hereby given pursuant to Section 10(a)(2) of the Federal Advisory Committee Act, 5 U.S.C. App.

(1988)that an open meeting of the Small Business/Self Employed—Taxpayer Burden Reduction Committee of the Taxpayer Advocacy Panel will be held Thursday, June 15, 2006 from 9 a.m. EDT to 12 p.m. EDT at the firm of Wilkerson, Guthmann & Johnson, LTD located at 55 East 5th Street, Suite 1300, St. Paul, MN 55101. Individual comments are welcomed and limited to 5 minutes per person. For more information and to confirm attendance, notification of intent to attend the meeting must be made with Marisa Knispel. Mrs. Knispel may be reached at 1-888-912-1227 or 718-488-3557. If you would like to have the TAP consider a written statement, please write to Marisa Knispel, TAP Office, 10 Metro Tech Center, 625 Fulton Street, Brooklyn, NY 11201, or you may post your comments to the Web site: *http://www.improveirs.org.* The agenda will include the following: Various IRS issues. Dated: May 15, 2006. John Fay, Acting Director, Taxpayer Advocacy Panel. [FR Doc. E6-7622 Filed 5-18-06; 8:45 am] BILLING CODE 4830-01-P DEPARTMENT OF THE TREASURY Internal Revenue Service Open Meeting of the Ad Hoc Issue Committee of the Taxpayer Advocacy Panel AGENCY: Internal Revenue Service

(IRS)Treasury. ACTION: Notice. SUMMARY: An open meeting of the Ad Hoc Issue Committee of the Taxpayer Advocacy Panel will be conducted in Washington, DC. The Taxpayer Advocacy Panel is soliciting public comments, ideas and suggestions on improving customer service at the Internal Revenue Service. DATES: The meeting will be held June 15, June 16 and June 17, 2006. FOR FURTHER INFORMATION CONTACT: Inez De Jesus at 1-888-912-1227, or 954-423-7977. SUPPLEMENTARY INFORMATION: Notice is hereby given pursuant to section 10(a)

(2)of the Federal Advisory Committee Act, 5 U.S.C. App.

(1988)that an open meeting of the Ad Hoc Issue Committee of the Taxpayer Advocacy Panel will be held in Washington, DC. Thursday, June 15, 2006, from 1:30 p.m. to 5 p.m. ET, Friday, June 16, 2006 from 8 a.m. to 5 p.m. ET and Saturday, June 17, 2006, from 8 a.m. to 12 p.m. ET. Individual comments will be limited to 5 minutes. If you would like to have the TAP consider a written statement, please call 1-888-912-1227 or 954-423-7977, or write Inez De Jesus, TAP Office, 1000 South Pine Island Road, Suite 340, Plantation, FL 33324. Due to limited conference space, notification of intent to participate in the meeting must be made with Inez De Jesus. Ms. De Jesus can be reached at 1-888-912-1227 or 954-423-7977. The agenda will include various IRS issues. Dated: May 15, 2006. John Fay, Acting Director, Taxpayer Advocacy Panel. [FR Doc. E6-7623 Filed 5-18-06; 8:45 am] BILLING CODE 4830-01-P 71 97 Friday, May 19, 2006 CORRECTIONS Bob DEPARTMENT OF DEFENSE Department of the Army, Corps of Engineers Availability of Partially Exclusive, Exclusive or Non Exclusive License Correction In notice document E6-7331 beginning on page 28019 in the issue of Monday, May 15, 2006, make the following correction: On page 28019, in the second column, under SUPPLEMENTARY INFORMATION , in the third paragraph, “ *Date:* April 24, 2004.” should read “ *Date:* April 24, 2003.”. [FR Doc. Z6-7331 Filed 5-18-06; 8:45 am] BILLING CODE 1505-01-D Bob DEPARTMENT OF ENERGY 10 CFR Part 603 RIN 1991-AB72 Assistance Regulations Correction In rule document 06-4119 beginning on page 27158 in the issue of Tuesday, May 9, 2006, make the following correction: §603.200 [Corrected] On page 27163, in the third column, in §603.200 the section heading should read “ **§603.200 Contracting officer responsibilities.** ”. [FR Doc. C6-4119 Filed 5-18-06; 8:45 am] BILLING CODE 1505-01-D Moja Mwaniki DEPARTMENT OF LABOR Employee Benefits Security Administration 29 CFR Part 2550 RIN 1210-AA97 Termination of Abandoned Individual Account Plans Correction In rule document 06-3814 beginning on page 20820 in the issue of Friday, April 21, 2006, make the following correction: § 2550.404a-3 [Corrected] On page 20850, in the third column, in §2550.404a-3 (d)(1), in the second line, “made'” should read “made- ”. [FR Doc. C6-3814 Filed 5-18-06; 8:45 am] BILLING CODE 1505-01-D lois davis OFFICE OF MANAGEMENT AND BUDGET North American Industry Classification System—Revision for 2007 Correction In notice document E6-7414 beginning on page 28531 in the issue of Tuesday, May 16, 2006, make the following corrections: 1. On page 28531, on the separate part cover page for Part V, the publication date “Tuesday, March 16, 2006” should read “Tuesday, May 16, 2006”. 2. On pages 28532 and 28533, in the page heading, “ **Federal Register** /Vol. 71, No. 94/Tuesday, March 16, 2006/Notices” should read “ **Federal Register** /Vol. 71, No. 94/Tuesday, May 16, 2006/Notices”. [FR Doc. Z6-7414 Filed 5-18-06; 8:45 am] BILLING CODE 1505-01-D Amelia DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA-2006-23648; Directorate Identifier 2006-CE-07-AD; Amendment 39-14514; AD 2006-06-06] RIN 2120-AA64 Airworthiness Directives; The Cessna Aircraft Company Models 208 and 208B Airplanes Correction In rule document 06-2544 beginning on page 13533 in the issue of Thursday, March 16, 2006, make the following corrections: § 39.13 [Corrected] 1. On page 13535, in § 39.13(e), in the table, in the second column, in the fourth entry, in the third and fourth lines, “D1329-0S1-007” should read “D1329-S1-07”. 2. On the same page, in the same section, in the same table, in the same column, in the last entry, in the third line, “D1309-0S1-006” should read “D1309-S1-06”. [FR Doc. C6-2544 Filed 5-18-06; 8:45 am] BILLING CODE 1505-01-D 71 97 Friday, May 19, 2006 Notices Part II Department of Education Foreign Language Assistance Program—State Educational Agencies; Office of English Language Acquisition, Enhancement, and Academic Achievement for Limited English Proficient Students; Notice Inviting Applications for New Awards for Fiscal Year

(FY)2006; Notices DEPARTMENT OF EDUCATION Foreign Language Assistance Program—State Educational Agencies AGENCY: Office of English Language Acquisition, Language Enhancement, and Academic Achievement for Limited English Proficient Students, Department of Education. ACTION: Notice of final priority. SUMMARY: The Assistant Deputy Secretary and Director for English Language Acquisition, Language Enhancement, and Academic Achievement for Limited English Proficient Students, announces a priority under the Foreign Language Assistance program. We may use this priority for competitions in fiscal year

(FY)2006 and later years. We take this action to focus Federal financial assistance on an identified national need for programs in critical foreign languages within kindergarten through grade twelve during the traditional school day. We intend this priority to enable the Department to award grants that increase the number of State educational agency programs implementing elementary and secondary school projects teaching languages of major economic and political importance. DATES: *Effective Date:* This priority is effective June 19, 2006. FOR FURTHER INFORMATION CONTACT: Rebecca Richey, U.S. Department of Education, 400 Maryland Avenue, SW., room 10080, PCP, Washington, DC 20202-6510. Telephone:

(202)245-7133 or via Internet: *rebecca.richey@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 contact person listed under FOR FURTHER INFORMATION CONTACT. SUPPLEMENTARY INFORMATION: Through this program, the Department intends to fund elementary and secondary school projects teaching critical languages within kindergarten through grade twelve during the traditional school day. The purpose of the program is to provide grants to State educational agencies for innovative model programs providing for the establishment, improvement, or expansion of foreign language study for elementary and secondary school students. We published a notice of proposed priority for this program in the **Federal Register** on February 28, 2006 (71 FR 10024). There are no differences between the notice of proposed priority and this notice of final priority. Analysis of Comments and Changes In response to our invitation in the notice of proposed priority more than 4 parties submitted comments on the proposed priority. An analysis of the comments follows. Generally, we do not address technical and other minor changes—and suggested changes that we are not authorized to make under the applicable statutory authority. *Comment:* One commenter suggested that the proposed priority for critical languages include a preference for projects that begin as early as kindergarten in order to promote sequential study of the foreign language. *Discussion:* The Foreign Language Assistance Act of 2001, which authorizes this program, provides for the Department to give special consideration to projects that promote the sequential study of a foreign language for students beginning in elementary schools. It is not necessary for us to establish a separate priority for these projects. *Change:* None. *Comment:* Two commenters suggested that emphasizing support for specific critical languages, to the exclusion of other languages, would be detrimental to foreign language instruction in other languages more commonly taught in their states. *Discussion:* Depending on how we apply this priority and any other priorities we fund in a particular competition, this priority for projects teaching critical languages would not necessarily preclude applicants from proposing projects providing instruction in other foreign languages when applying for a grant. Establishing this priority simply allows the Secretary to use this priority in a competition in a given year and as necessary to meet the needs and goals of this program. *Change:* None. Note: This notice does *not* solicit applications. In any year in which we choose to use this priority, we invite applications through a notice in the **Federal Register** . When inviting applications we designate the priority as absolute, competitive preference, or invitational. The effect of each type of priority follows: *Absolute priority:* Under an absolute priority we consider only applications that meet the priority (34 CFR 75.105(c)(3)). *Competitive preference priority:* Under a competitive preference priority we give competitive preference to an application by either

(1)awarding additional points, depending on how well or the extent to which the application meets the competitive preference priority (34 CFR 75.105(c)(2)(i)); or

(2)selecting an application that meets the competitive preference priority over an application of comparable merit that does not meet the priority (34 CFR 75.105(c)(2)(ii)). *Invitational priority:* Under an invitational priority we are particularly interested in applications that meet the invitational priority. However, we do not give an application that meets the invitational priority a competitive or absolute preference over other applications (34 CFR 75.105(c)(1)). Priority Critical Need Languages This priority supports projects that establish, improve or expand foreign language learning primarily during the traditional school day, within grade kindergarten through grade 12 that exclusively teach one or more of the following less commonly taught languages: Arabic, Chinese, Korean, Japanese, Russian, and languages in the Indic, Iranian, and Turkic language families. Executive Order 12866 This notice of final priority has been reviewed in accordance with Executive Order 12866. Under the terms of the order, we have assessed the potential costs and benefits of this regulatory action. The potential costs associated with the notice of final priority are those resulting from statutory requirements and those we have determined as necessary for administering this program effectively and efficiently. In assessing the potential costs and benefits—both quantitative and qualitative—of this notice of final priority, we have determined that the benefits of the final priority justify the costs. We have also determined that this regulatory action does not unduly interfere with State, local, and tribal governments in the exercise of their governmental functions. We summarized the costs and benefits in the notice of proposed priority. Intergovernmental Review This program is subject to Executive Order 12372 and the regulations in 34 CFR part 79. One of the objectives of the Executive order is to foster an intergovernmental partnership and a strengthened federalism. The Executive order relies on processes developed by State and local governments for coordination and review of proposed Federal financial assistance. This document provides early notification of our specific plans and actions for this program. Electronic Access to This Document You may view this document, as well as all other Department of Education documents published in the **Federal Register** , in text or Adobe Portable Document Format

(PDF)on the Internet at the following site: *http://www.ed.gov/news/fedregister.* To use PDF you must have Adobe Acrobat Reader, which is available free at this site. If you have questions about using PDF, call the U.S. Government Printing Office (GPO), toll free, at 1-888-293-6498; or in the Washington, DC, area at

(202)512-1530. Note: The official version of this document is the document published in the **Federal Register** . Free Internet access to the official edition of the **Federal Register** and the Code of Federal Regulations is available on GPO Access at: *http://www.gpoaccess.gov/nara/index.html.* (Catalog of Federal Domestic Assistance Number 84.293C Foreign Language Assistance Program—State Educational Agencies) Program Authority: 20 U.S.C. 7259a-7259b. Dated: May 12, 2006. Kathleen Leos, Assistant Deputy Secretary and Director for English Language Acquisition, Language Enhancement, and Academic Achievement for Limited English Proficient Students. [FR Doc. 06-4614 Filed 5-18-06; 8:45 am]

Connectionstraces to 7

Traces to 7 documents

U.S. Code

CFR